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FINAL PLAT
A. Portion Of Star Fort
Stonewall Magisterial_ District Frederick County, Virginia
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Frederkk County sanitatlan Authority Date B%ZB-98
Planning Commission Date
subdlv/slon Administrator _ — Date
Ve Dept. of Transportation � 1 Date 8 to ?a
OWNER'S CERTIFICATE
The above and foregoing subdivision of land, as appears in the accompanying plat,
is with the free consent and in accordance with the desires of the undersigned
owners, proprietors, and trustees, if any.
Sel Richard G Hardison, Inc., ichard & B on, Inc.
Y Date q
- a
NOTARY P C
S,p w= FerrP11 a Notary Public in and for the State of Ve1010, at large, do certify
that Carlin L. Smith,Richard G. Hardison S Byron A. BriAo,4e names are signed to the
Owner's Certifrcatoi have acknowledged the some before me In my state.
9�p Given under my hand this 22nd day of 420tember 1998.
o1AgY << My commission expires 7 31 2000
ueLao SURVEYOR'S CERTIFICATE
ify that the land contained in this subdlvls/on is a portion of the land that was conveyed
Al C ARD G HARDISON, iNG, RICHARD & BYRON, INC. and SELDOM, INC. by deeds dated
er 14. 1995, September 14, 1995 and February 14, 1995; 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.
TH aptj EX. ZONING B-2 EX U-W- VACANT P. Duane Brown, L.S.
V,,, The property represented herein is a portion of the property
P. DUANE shown on Frederick County Tax atop 54((A)) as Parcel 1.
U7�a�ue,.e ti,B�vw� DATE: AUGUST 3, 1998 COVER SHEET I FILE¢: 'REDCRPLT.DWC'
ND. 1285 w. difford & associates, ha SHEET
Avs.3,i94pa ENG6M tS — LAND PLANNERS — SURYE-FORS 1
�7,yp (�` 1ti0-a aids o Wn =a liars+ emmm ewers OF
ta.ear4daa.� ivYplda
n r 1
e
CURVE
1
DELTA
WW 29
RADIUS
1925
LIEWIN
2D7.0
TANGW
103.63
CHORD
206.9
BEARING
N3732'D7-W
2
88'14 50
350D
53.91
3395
48 73'
NOS 30 34
3
OtT2
150.00
22.15
11.14
22.W
N482400
4
24'S912
275.00'
119SN
6093'
I
N56'39'37'E
5
75'51'09'
ADO'
4W
27.21'
43.08'
S12 S5'12'E
6
24'S814-
186.74'
81.38'
412Y
80.14'
1 S47'28 WE
7
0701'27'
2326.63'
8220'
41.10'
82.19'
S3320'351
POSSIBLE FU77JRE R/W
i
I ,N/F
�' �----Middlesex Artillery
I
Fleet's Battery Inc., C.S.A.
0' Zorim SnaraLion Buffs /DS 531 Pg.- 266, DB 544 Pg. 418
to
(9-2 RP) i
Active Buffer
RP Zan
Ex B-2 Zone 7
:;;. 6 ;::;:'.:..
:::.PROPOSED �-
FORTRESS D It/E 51L
' Inc.,Richard G. Hardison, Inc., � � Blared Richard G. Hardison,
Richard & Byron, Inc. 4 ( landscaped Sawing f}asanent Richard & Byron, Inc.
(Inactive Buller Seldon, Inc.
and Seldon, Inc. and
(Remainder) I (Remainder)
\\ '42.0213 ACRES
1
Wo
/N
57 tagress-Egress Easement � J
Y 1
\ 3
\ N5737'59'E 21.700 —'
2
- NSF U. 5, �OI,f1� 522 =43
Hillcrest Nursing Home, Inc.
DB 499 Pg. 79 BRL denotes Bung Restriction Line
FINAL PLAT
�g `r
A Portion of Star Fort
Stonewall Magisterial District Frederick County, Virginia
P. DU NE r
SRN
OV�
DATE: AUGUST 3, 1998 SCALE: 17-10D' FlLE�: 'REDCRALT.DWG'
atlbdtf w. dKord & assockbe, Inc.
��uo..r.>Bro.s.�
IC. 1285
Av9.3, /946
tpli tNEFRSS — LAND PLANNERS — SURVEYORS
tat iiedl w ta>
SHEET
c.q�
(54 age -tits O 50 100 200 �% ��
f
E�?
VaiaatlA: FREDEMCK COUNTY SCE
me day
and Ith cerUt[cMri g wea ee to ma on the ,J(X7—day W t8 at
ate of aonewerfedament meroto annexe
w a to retard. Tax Imposed by Sec. l6.1.02 of
, and sm-eat have been paid. It assessable.
" . Clark
39
{�
GRANT OF EASEMEi1y�
THIS AGREEMENT to provide Buffers and Screening made and dated this-" day of
2000, by and between WINCHESiER FREDLRSI K NT H�of the
AMERICAN NATION L RED CROS, a Corporation existing under the laws of the United States of
America, its successors and assigns (hereinafter "Red Cross', and 5_Li` N N • a Virginia Corporation,
RICHARD G HARDISON. INC, a Virginia Corporation, and KCHARD & B I . a Virginia
Corporation, t/a STAR FORT DEVELOffM, its successors and assigns (hereinafter "Star Fort
Developers'l and MIDDLESEZ A TILLERY FLEET'S BAJTEy, iNC,, (HEREINAFTER "Middlesex
Artillery').
WITNESSETH:
WHEREAS, Red Cross Owns certain property located in Frederick County, Virginia, Tax Map No.
54-A-11), Zoned B-2, more fully described as
All that certain piece or parcel of land, situate in Galnesboro 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 Clerks Office in Deed Book 845 at Page 895, Deed Book 845 at Page 904 and
Deed Book 853 at Page 1; and
i
WHEREAS, Middlesex Artillery owns certain property adjacent to the Red Cross Property, being
part of Frederick County, Tax Map Number 54-A-18 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 party 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:
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, ail 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.
r
12
BK967PGO142
WITNESS the following signatures and seals:
STAR FORT DEVEWO
SELDOM, INC., a Virginia Corporation
By:_ '��X'4zaL
Carlin L. Smith, President
RICHARD G. HARDISON, INC., a Virginia Corporation
Richard G. Hardison, President
RICHARD & BYRON, INC., a Virgi is Corporation
t 1
JAMI, P i ent J
WINCH R-FREDERICK COJNTY CHAPTER
Qt]P AMEQICANIEp CROSS
a
COMMONWEALTH OF VIRGINIA
P
t
CITY/CeUMY OF TO -WIT:
Acknowledged before me on this a day of a�c.�-� 2000, by Carlin L. Smith,
y
President of Seidon, Inc., on behalf of Star Fort Developers.
Notary Public
My Commission expires ` � a� 3
A
`,````5\555N5111! 1111 I I l�y,hi„�
�ONw
0�"''
U.0 OF
'.�'Q���flGlt`��P .`U.
r
OK967,'Ga 143
COMMONWEALTH OF VIRGINIA
CITY/C OF TO -WIT:
Acknowledged before me on this - day of . 2000, by Richard G. Hardison,
President of Richard G. Hardison, Inc., on behalf of Star Fort Developers.
1111411111111IIIII,,,
Notary Public
My Commission expires:`>—�
p, ANN
��00N w'���
U OF
COMMONWEALTH OF VIRGINIA kjL/
CITY/6Ehif+fiY OF TO -WIT: Ry P
{ //l11111114111111t1t\tl
Acknowledged before me on this e!bL41"'d'ay 2000, by Byron Ai\Br'l�l` I IN,,
President of Richard & Byron, Inc., on behalf of Star Fort Developers.
ON Vv
=�� = U O F 7 : -i
Notary Public - -
My Commission expires• ���3• ZO RG1N�P. �G
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF 3 TO -WIT:
Acknowledged before me on this I I+h day of � , 2000, byt'-
;, of the Winchester -Frederick County Chapter of the American ed Crass,
on behalf of said organization.
1M
No Publi
My Commission expires:
COMMONWEALTH OF VIRGINIA
CniY/COUNTY of TO -WIT:
Acknowledged before me on this t± day of r 2000, by R
of Middlesex Artillery Fleet's Battery, Inc., on behalf of said organization.
Notary blic
My Commission expires:
K
OK967PGO114
CURYE
DELTA
RADIUS
Curve TAble
NGTH
t7.07'
TANGENT
CHORD
20fi.97
BEARING
N3732W
1
O6'09'29°
1926.63
103.63'
33.95'
48.73'
N08 30 34'
2
8814'50'
08'27 58'
35.00
150.00'
53.91
22.16
11.10,
22.14
N48 24'00'
N5fi39'37'
3 -
4
24'59'12`
275,00'
119.93'
60.93'
118.98
48.9
S7755'12'
g
7551'09'
35.04'
46 34'
812,
27.27'
41.35'
80.14'
S4728'45
g
24'5B'l4'
186.74'
2326.63
8210'
41.10'
82,19'
S3320'35
7
07012/
I
50' Zoni!t9-2 parat �n Buffer
(8 Ex. RP Zone .
Ex. B-2 Zone
PROPOSED
FORTRESS DRI t/E
Richard G. Hardison, Inc.,
Richard & Byron, Inc.
and Seldon, Inc.
(Remainder)
POSSIBLE FUTURE R/W
I i �N/F
Middlesex Artillery
1 Fleet's Battery Inc., , C.S.A.
TDB 531 Pg.' 266, DB 544 pg. 418
�--25' Active Buffer
J�
r�LfJ//1/�f
50' Ingress -Egress Easement /
=Ile lam
�- Hilfcrest Nursingg Home, Inc.
OB 499 Pg. 79
l�
P. DUANE
o BROWN "
NO. 1285
Aug. 3, !99
25' Common Shared Richard G. Hardison, Inc.,
Landscaped Screening Easement Richard & Byron, Inc.
(knac#ire Buffer} and 5eldon, inc.
(Remainder)
,2.0,213 ACRE' S
� �o
Rt
a
1 •
N5737 59'E 213_
0
u, 5, kOM 522
BRL denotes Building Restriction line
FINAL PLAT
A► Portion of Star Fort
Stonewall Magisterial District Frederick Cot ,
Virginia
DATE: AUGUST 1958 SCALE: 1"=100' FILE: "REDCRPLT.OWC"
p�3,
ra tANPLANNERS a — �lRVE1�5
Et4gKEERS
2 "Wth Otm"mp S wet
ttl6-d+ 1 OrMrtRldt tllQfwtwW V1OM+�
SHEET
'1
Fi darkkebur% �Q Z00 (�) 067-2130
(540) M-2115 0 50 f GO
0E
2
VIRGINIA. FREDERICK COUNTY, SCT.
morument of wrrft was produced tome on
Z4fwhir ce.'rtiflcate of admowiedgement they to annexed
w9 'tied to rcmN. Tax unposed by Sec. 58.I-802 of
S . wo 3d.I.801 have been paid, if mmabts
Cie&
f
6ii917FG0849 Ij
�) THIS DEED OF DEDICATION made and dated thisdP7 day of
September, 1998, by and between RICHARD G. HARDISON INC.. a Virginia
Corporation, $ELDON. INC.. a Virginia Corporation, and RICHARD A BYRON INC..
a Virginia Corporation, t!a STARFORT DEVELOPER% hereafter called the Declarant,
even though one or more.
WHEREAS, the Declarant herein is the owner of a certain tract or parcel of land
containing 2.0213 acres, lying along the North side of U.S. Route 522, in Frederick
County, Virginia, and more particularly described by survey drawn by P. Duane Brown,
L.S., dated August 3, 1998, attached hereto and by this reference made a part hereof as if
set out in full; and
WHEREAS, it is the desire of the Declarant to subdivide the same into a lot
containing 2.0213 acres, as shown on the aforesaid plat and to declare a non-exclusive
easement for the benefit of the 2.0213 acre tract and the other land of Declarant to provide
ingress and egress to U.S. Route 522, and which easement is shown in dashed lines and is
further designated as a portion of the proposed Fortress Drive, a roadway to be dedicated in
the future to the public.
NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That
for and in consideration of the premises and benefits which will accrue by reason of this
dedication, the Declarant does hereby subdivide that certain tract of land containing 2.0213
acres, as shown on the plat of survey drawn by P. Duane Brown, L.S., dated August 3,
1998, attached hereto and by this reference made a part hereof, and which plat is drawn in
1
BK917 >;0850
conformity with the Final Master Development Plan for Starfort, which is on file in the
Office of the Department of Planning and Development, in Frederick County, Virginia.
This is a portion of the same real estate conveyed to Richard G. Hardison, Inc., Richard &
Byron, Inc., and Seldon, Inc., by Deeds dated September 14, 1995, September 14, 1995,
and February 14,1996, which Deeds are of record in the Office 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.
The Declarant does further declare and establish that certain easement for ingress
and egress to and from U.S. Route 522, as shown on the aforesaid attached plat in dashed
lines and further shown thereon as a portion of the proposed Fortress Drive, a road to be
dedicated to public use in the future. At the time of any future divisions of the B2 portion
of the Starfort Subdivision, or at the time Phase IV of the residential development is
implemented, whichever comes first, Fortress Drive shall be built, bonded, and dedicated
for acceptance into the state's secondary roadsystem.
The dedication of the subdivision of the land as shown on the attached plat is with
the free consent and in accordance with the desire of the undersigned Declarant, and is in
conformity with the applicable "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 Declarant has previously submitted the foregoing,
together with the attached plat to the County of Frederick, Virginia, for consideration, and
said plats and plans were duly approved by the County of Frederick, Virginia, as shown
and confirmed by the endorsement and date entered on the said attached plat by the proper
officials of the said County of Frederick, Virginia. BK 9 17 PG 0 8 S I
WITNESS the following signatures and seals:
DECLARANT(S):
cTA FORT DEVELOPERS
SELDON, INC., a Vi a Corporation
BY:
Carlin L. Smith, President
RICHARD G. HARDISON, INC., a Virginia Corporation
BY:��ia
Richard G. Hardison, President
RICHARD f. BYRONt IN , irgi Corporation
BY:
Bym . B ent
STATE OF VIRGINIA
Ci+ _ OF YV 1,4beAe, , TO -WIT:
I, c W , a Notary Public in and for the State and
Jurisdiction aforesaid, do hereby certify that Carlin L. Smith, President, Seldon, Inc., a
Virginia Corporation, whose name is signed to the foregoing Deed of Dedication, dated
Sept"raa. MY . has personally appeared before me and acknowledged the same in
my State and jurisdiction aforesaid..`.
Given under my hand this,961 day of , cm be r- 1998.
My Commission Expires (121,0051 .
�4UC)a
NOTARY PUBLIC
:Fq.RREI
pSP,RY
� = 7
2:
����G�OUR G�JO``�•
STATE OF VIRGINIA y/
0— OF 1✓► -ir s�ts+c. , TO -WIT: BK p 7 I I FG O 6 5 Z
I, Luc 4) Fe r r r .11 , a Notary Public in and for the State and
Jurisdiction aforesaid, do hereby certify that Richard G. Hardison, President, Richard G.
Hardison, Inc., a Virginia Corporation, whose name is signed to the foregoing Deed of
Dedication, dated 31CA n &crd , I cf fY, has personally appeared before me and
acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this _;0__17ay of 1998.
My Commission Expires _
STATE OF VIRGINIA
C�OF W, I nchts4cc , TO -WIT:
1, cS K c LJ Fe r r c.11 , a Notary Public in and for the State and
Jurisdiction aforesaid, do hereby certify that Byron A. Brill, President, Richard & Byron,
Inc., a Virginia Corporation, whose name is signed to the foregoing Deed of Dedication
dated�!�r�,199$, has personally appeared before me and acknowledged the
same in my State and jurisdiction aforesaid.
Given under my hand this day of _'Z g .., b tc- , 1998.
My Commission Expires --? / a t /-naro .
y4'a- L41 _'-z" 4'
NOTARY PUBLIC
'06pTA4p T
O ny %G
i (� 8 L
4'
...... . ....
yap 4 OWNER, OWNER
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CAULETj RODNEY K-1 GihDRET000` LAUCK- DR - -
22"SIN I 1 10 -HIGH, nAIZ 1 &SHIZEN-V 02 LAUCK D R
MARQUARDT, -PAULTh- 184-LAUCK DR
1 -MILLER, GENE 3 & DOLORES" 175 LAUCK DR
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48"SIM--o 3 42 SELDON, INC_ 0 BOX ZB34
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4s- nnuumw INC P D HOMES
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1.--- -7-DA71ATAN UUILUZRSI INC FI;
51
SO SIN— 2 -1 - -40 DAN RYAN BUILDERS, INC ONE FARE AVE ZND FL
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55
T
STAR
FORT
OWNER
OWNER
LOCATION
LOCATION
ADDRESS 2
ZIP
HOUSE NO,
STREET NAME
WINCHESTER,
VA
ZIS03
330
LAUCK DR
WINCHESTER,
VA
22603
314
LAUCK DR
WINCHESTER,
VA
22503
314
LAUCK.DR
WINCHESTER,
VA
22503
304
LAUCK DR
WINCHES TER,
VA
22603
295
LAUCK OR
WINCHESTER,
VA
22503
282
LAUCK Di�l
WINC HESTER,
VA
22603
280
LAUCK DR
WINCHESTER,
VA
22603
258
LAUCK DR
WINCHESTER.
VA
ZZE03
Z64
LAUCK DR
WINCHES ER
VA
22503
256
LAUCK DR
WINCHESTER,
VA
ZZ603
248
LAUCK DR
WINCHESTER,
VA
22603
01
WINCHESTER,
VA
ZZ603
Z3Z
LAUCK DR
WINCHESTER,
VA
22603
224
LAUCK DR
WINCHESTER,
VA
Z2603
cz
WINCHESTER,
VA
22503
208
LAUCK DF
WINCHESTER,
VA
ZZS03
200
LAUCK
WINCHESTER,
VA
22603
19Z
LAUCK DR
WINCHESTER,
VA
22603
184
LAUCK DR
WIMCMESTER,
VA
22603
175
LAUCK DR
WINCHESTER,
VA
ZZ603
168
LAUCK DR
WI' --TESTER;
VA
22603
109
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MEMORANDUM
TO: John R. Riley, Jr., County Administrator
FROM: Candice E. Mills, Planner I
RE: Star Fort Property Owners Association (SFPOA)
DATE:.. April 16, 2004
On May 29,1998, the revised Master Plan for Star Fort Subdivision was approved. The notes applicable
to the master development plan concerning the creation of the Property Owners Association were as
follows:
a) Prior to the approval of the first subdivision plan for the Property, the Applicants shall create a
Property Owners' Association applicable to the entire property as required by § 144-32 of the
Frederick County Subdivision Ordinance, the principle purpose of which shall be the imposition
of a mandatory assessment upon owners of developed lots to assist in funding the operation and
maintenance of Star Fort, located adjacent thereto as a park and educational site open to the
public. Such Property Owners' Association may have such other purposes, functions and duties
with regards to the Property as the Applicants shall determine.
b) The Applicants shall ensure that the Property Owners' Association created hereunder shall impose
a mandatory annual assessment per developed residential lot in a sum not less than $60 and not
more than $250, per lot. The proceeds shall be dedicated to the operation and maintenance of
Star Fort by any person, corporation, partnership, other private entity, or any governmental
agency, or their successors and assigns (hereinafter "the operating entity"). The assessment shall
initially be set at $60 per lot, may not be increased for five years after the formation of the
Association, and may hereafter be increased not more than 10% per year.
c) The Property Owners' Association Board of Directors shall be authorized to make direct grants
of sums raised hereunder to the operating entity, or to enter into contracts with the operating entity
or any other business entity, for the purpose of operating and maintaining Star Fort, provided that
such contracts have been first submitted to and approved by the operating entity.
In the Deed of Dedication for each section, it states that the affairs of the Association shall be managed by
a Board of not less than three (3), but not more than nine (9) directors, who need not be Members of the
Association. The initial Board of Directors shall be appointed by the Declarants to serve until the first
annual meeting following the Deed of Dedication; thereafter the Board of Directors shall be elected by the
Membership as determined in the Bylaws of the Association.
On October 3,1996, the Commonwealth of Virginia State Corporation Commission issued the certificate
of incorporation for Star Fort Property Owners Association, Inc. On March 13,1997, action was taken
by the Star Fort Development stockholders without formally calling a meeting, to appoint directors to the
Star Fort Property Owners Association, Inc. The following were appointed as directors of the
Corporation, to hold office until the next annual meeting or until their successors are elected and qualified:
Robert M. Rhodes, Nick Nerangis and Mark Burke (these people are participating members of the
Middlesex Artillery -Fleets Battery, Inc.). Documentation was provided to the Planning Department on
November 21, 2002 regarding the incorporation and appointment of these members to the Board of
Directors.
The purpose of the Star Fort Property Owners Association is to collect dues that are meant to maintain
and operate the historic Star Fort site located within the development. The SFPOA is authorized to make
direct grants of sums raised through the dues. However, dues that are collected by the Star Fort Property
Owners Association cannot be provided to the operating entity (Middlesex Artillery) unless and until a
budget for the operation and maintenance of Star Fort has first been submitted to and approved by the
Frederick County Board of Supervisors. Funding shall be denied to any operating entity in the event that
the Board certifies that the operating entity cannot perform, or is not performing, its obligations to operate
and maintain Star Fort. Unless waived by the Board of Supervisors, it is a condition of the continued
receipt by the operating entity of any funds provided, that it submit an annual report of its finances and
financial operations to the Board prepared by a duly licensed certified public accountant, and prepared in
accordance with standard accounting practices, to assure the faithful and proper application of the funds
provided.
In August of 2000 the "Star Fort Management and Interpretation Plan", which was prepared by OCULUS
in association with John Milner Associates, Inc., was finalized. The Frederick County Department of
Planning & Development managed this project, which was funded via an American Battlefield Protection
Fund Grant. This plan was meant to serve as a guide for future planning and management of the site. The
management plan is broken down into eight chapters. These chapters include: Introduction, Historical
Overview, 2000 Existing Conditions and Site Analysis, Site Planning and Interpretation, Resource
Management Guidelines, Conceptual Plan for Star Fort Management and Interpretation, Landscape
Maintenance and References. Chapter 6 of the management plan has a section on preliminary cost
N
estimates by phases for the site. It includes the planning information regarding the costs associated with
the implementation of the visitor access, interpretation, and resources management recommendations
identified in the plan. Seeing that a financial plan for the site has already been conceptualized, all that needs
to be done is implementation by the POA officers.
Until a budget for the operation and maintenance of Star Fort has been submitted and approved by the
Board of Supervisors, the dues that are supposed to be collected by the SFPOA are to remain untouched
in an account. Once the budget has been approved, the SFPOA can begin making grants to the operating
entity. Currently, although the SFPOA has been created, there is no evidence that funds have been
collected. Indeed, many people that are buying into this subdivision are unaware that there is an association
and are also unaware of the dues; this leads staff to the conclusion that dues are not currently being
collected.
Staff in the past has held meetings with the developers of this subdivision to gain understanding of the
process that the SFPOA is using to collect dues and to understand where this money is going. However,
through these meetings, staff has been unable to gain a clear understanding of what is occurring with dues
collection or the operational status ofthe association. It has been difficult in determining the collection of
dues for the development because ofthe challenges in meeting with the Star fort POA officers. The officers
have not submitted any information to the County and have been unresponsive when efforts are made by
staff to contact them. Staff has also tried to coordinate meetings between the Middlesex Artillery (POA
Officers) and Howard Kittell ofthe Shenandoah Valley Battlefield Foundation (SVBF), as the SVBF has
interest in Star Fort because it is an element of the Shenandoah Valley Battlefield Network.
As of this date, 66 residential lots have been approved in the Star Fort Subdivision; however, it is unclear
how many of these lots that are occupied are generating dues per the approved Master Development Plan.
It is the Planning Department's intention to hold another meeting regarding the Star Fort site. Through this
meeting we hope to gain an understanding of what is currently happening with the site as well as a plan for
the future ofthe site. The Planning Department hopes to bring together the current board members ofthe
Star Fort Property Owners Association (Robert M. Rhodes, Nick Nerangis and Mark Burke) as well as
Howard Kittell ofthe Shenandoah Valley Battlefield Foundation. The date for the Star Fort meeting has
been set for May 3, 2003 at 2:00 p.m. in the First Floor Conference Room in the Frederick County
Administration Building.
If you have any questions regarding this information, please feel free to contact me directly.
cc: Department of Historic Resource
Howard Kittel, Shenandoah Valley Battlefield Foundation
CEM/bad
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
CERTIFIED MAIL
April 16, 2004
Mr. Nick Nerangis
500 Pegasus Court
Winchester, Virginia 22602
Dear Mr. Nerangis,
This correspondence is a request for your attendance at a meeting regarding the Star Fort Site, in the
First Floor Conference Room of the Frederick County Administration Building on May 3, 2004 at
2:00p.m.. It is our understanding that you are a member of Middlesex Artillery -Fleets Battery Inc.,
and also serve as one of the officers of the Star Fort Property Owners Association. Through this
meeting, we hope to gain an understanding of what is currently happening with the Property Owners
Association and the Star Fort Site. In particular, the implementation of the "Star Fort Management
and Interpretation Plan" will be discussed.
In attendance will be Frederick County staff members along with Howard Kittell of the Shenandoah
Valley Battlefields Foundation. I would like to emphasize the importance of this meeting, and that
your participation is strongly encouraged.
Please contact me regarding your availability for this meeting, or if you have any questions, at (540)
665-5651 or by e-mail at cmills(aco.frederick.va.us.
Sincerely,
Candice E. Mills
Planner I
hc:- John R. Riley, Jr., County Administrator
Eric R. Lawrence AICP, Planning Director
Chris M. Mohn AICP, Deputy Director
CEM/csp
107 North Kent Street • Winchester, Virginia 22601-5000
U.S.
Postal
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------•---------------------------------------------------------
PS Form CtC'�Z-
:00 June 2002
■ 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. NICK NERANGIS
500 PEGASUS COURT
MCHESTER, VA 22502
Xant
A. nt4w-twAddressee
Received, by ( Printed Name)
C. Date of De iv ry
D. Is delivery address different from item 1? ❑ Yes
if YES, enter delivery address below: ❑ No
3. Service Type
X 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 servi 7003 1010 0000 9039 0845
PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-P-4081
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
'a." #AX:540/665-6395
CERTIFIED MAIL
April 16, 2004
Mr. Robert Rhodes
1107 Cedar Creek Grade
Winchester, Virginia 22602
Dear Mr. Rhodes:
This correspondence is a request for your attendance at a meeting regarding the Star Fort Site, in the
First Floor Conference Room of the Frederick County Administration Building on May 3, 2004 at
2:00p.m.. It is our understanding that you are a member of Middlesex Artillery -Fleets Battery Inc.,
and also serve as one of the officers of the Star Fort Property Owners Association. Through this
meeting, we hope to gain an understanding of what is currently happening with the Property Owners
Association and the Star Fort Site. In particular, the implementation of the "Star Fort Management
and Interpretation Plan" will be discussed.
In attendance will be Frederick County staff members along with Howard Kittell of the Shenandoah
Valley Battlefields Foundation. I would like to emphasize the importance of this meeting, and that
your participation is strongly encouraged.
Please contact me regarding your availability for this meeting, or if you have any questions, at (540)
665-5651 or by e-mail at cmills(-a�co.frederick.va.us.
Sincerely,
�R1'Ca&'fl
Candice E. Mills
Planner I
bc: John R. Riley, Jr., County Administrator
Eric R. Lawrence AICP, Planning Director
Chris M. Mohn AICP, Deputy Director
CEM/csp
107 North Kent Street • Winchester, Virginia 22601-5000
CERTIFIEC
-■ (Domestic Mail Ot
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C3
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See
�,PS Form 3800, June 2002 Reverse for instruction
■ 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:
A. ,Signaturi
X 'v � /� (W �-Agent
`j V ❑ Addressee
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if YES, enter delivery address below: ❑ No
Robert Rhodes
1107 Cedar Creek Grade
Winchester, VA 22602 t
3. Service Type
g= Certified Mail ❑ Express Mail
❑ Registered M Return Receipt for Merchandise
❑ Insured IV U C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(Transfer from service label) 7003 1010 0000 9039 0685
PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-P-4081
M
Ridopy COUNTY -of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
CERTIFIED MAIL
April 27, 2004
Mr. Mark Burke
163 Adams Road
Winchester, VA 22602
Mr. Robert Rhodes
1107 Cedar Creek Grade
Winchester, VA 22602
Mr. Nick Nerangis
500 Pegasus Court
Winchester, VA 22602
Gentlemen:
.The Star Fort meeting previously scheduled for May'), 2004 at 2:00 p.m. has been rescheduled to May
5, 2004 at 10:30 a.m. The meeting will be held in the Executive Sessions Room in the Frederick County.
Board Room.
Please contact me regarding your availability for this meeting or if you have any questions at (540) 665-
5651 or by e-mail at cmills cL,co.frederick.va.us.
Sincerely,
Ai I La
Candice E. Mills
Planner I
bc: John R. Riley, Jr., County Administrator
Eric R. Lawrence AICP, Planning Director
Chris M. Mohn AICP, Deputy Director
David Edwards, Department of Historic Resources
CEM/bad
107 North Kent Street - Winchester, Virginia 22601-5000
"4
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CERTIFIEU
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--------------------- Pegasus --- a - s ---------------------------------
500 Psus Court
or PO Box No,
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PO Box No. 1107 Cedar Creek Grade
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P,S Form-3800, June 2002 - -. See Reverse for Instructions
COUNTY of FREDERICK
Depa.rtmeiit of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
CERTIFIED MAIL
April 16, 2004
Mr. Mark Burke
163 Adams Road
Winchester, Virginia 22602
Dear Mr. Burke,
This correspondence is a request for your attendance at a meeting regarding the Star Fort Site in the
First Floor Conference Room of the Frederick County Administration Building on May 3, 2004 at
2:00p.m.. It is our understanding that you are a member of Middlesex Artillery -Fleets Battery Inc.,
and also serve as one of the officers of the Star Fort Property Owners Association. Through this
meeting, we hope to gain an understanding of what is currently happening with the Property Owners
Association and the Star Fort site. In particular the implementation of the "Star Fort Management
and Interpretation Plan" will be discussed.
In attendance will be Frederick County staff members along with Howard Kittell of the Shenandoah
Valley Battlefields Foundation. This meeting will be held in the First Floor Conference Room in the
Frederick County Administration Building. I would like to emphasize the importance of this meeting,
and that your participation is strongly encouraged.
Please contact me regarding your availability for this meeting or if you have any questions at (540)
665-5651 or by e-mail at emillsgco.frederick.va.us.
Sincerely,
Candice E. Mills
Planner I
bc: - John R. Riley, Jr., County Administrator
Eric R. Lawrence AICP, Planning Director
Chris-M. Mohn AICP, Deputy Director
CEM/csp
107 North Kent Street • Winchester, Virginia 22601-5000
U.S.
Postal,.
ServiceTM
CERTIFftD
MAILTM
RECEIPT
-■
(Domestic
Mail
Only;
No Insurance
Coverage
Provided)
Er
mOFFICIAL
USE
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------•- - -----
C1ty, State, ZIP+4
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■ 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:
A.
❑ Agent
B. Received by (PpAted Name) C. Date of Delive
—/ )�
D. Is delivery address different from item 1? ❑ Y6s
if YES, enter delivery address below: ❑ No
MR. MARK BURKE
163 ADAMS ROAD
WINCHESTER, VA 22602
3. Service Type
Certified Mail Express Mail
'stered Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7003 Lola 0000 9039 0821
(Transfer from service labe
PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-P-4081
MCKEE & BUTLER, P.L.C.
112 SOUTH CAMERON STREET
P. O. DRAWER 2097
WINCHESTER, VIRGINIA 22604-1297
(540)662-3486
Facsimile (540)722-3787
E-Mail: la wbmb@shenteL net
PETER K. McKEE (1934-1967)
BENJAMIN M. BUTLER
STEPHEN G.BUTLER
November 19, 2002
Chris Mohn
Frederick County Planning Office
107 N. Kent St. .
Winchester, VA 22601
In Re: Starfort Property Owners Association
My File No. 9613-0001
Dear Chris,
J• SLOAN KUYKENDALL, (1936-1995)
J• SLOAN KUYKENDALL, III
EDWIN B. YOST
I am enclosing herewith the Articles of Incorporation of Starfort Property Owners
Association as well as a copy of the Certificate Issued by the State of Virginia recognizing the
same.
Also find enclosed the Bylaws and Action By Stockholders Without Formally Called
Meeting in which Robert M. Rhodes, Nick Nerangis and Mark Burke were appointed the
Directors and accepted that position. Those are the three Directors of this Corporation at the
present time. I would assume that the Annual Reports have been filed by those three Directors.
BMB:mlf
Enclosure
cc: Richard Hardison
Very truly yours,
McKEE & BUTLER, P.L.C.
xq�
BENJAMIN M. BUTLER
RECEIVED
NOV 2 1 2002
FREDERICK COLT ISY
PLANNING g DEVELOPMENT
Un
Sidney A. Reyes - Nay
MEMORANDUM AND RESOLUTION 0019-001 RE: :11' IdiE;+h FOR-JI' MANAGEMENT
AND INTERPRETATION PLAN - APPROVED
Planner II Amy Lohr presented this information to the Board.
Chairman Shickle asked what the county's on going roll is in this plan.
Mr. Tierney explained that staff has not played a roll in this, and this plan does not commit
Frederick County to anything.
Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, the following
resolution was approved:
WHEREAS, Frederick County is richly endowed with numerous and significant historic
sites including remnants of the Civil War -era fortification known today as RAi .Fraft; and
WHEREAS, SW 5dit, being constructed in 1862 by the Confederate 4" Alabama regiment,
first served as a component of the military defense for the Confederacy and was later used by the
Union Army, who expanded the fortification and changed its name from Fort Alabama to Ste. Ebel;
and
WHEREAS, the preservation and interpretation of this site and the story it offers are a
valuable resources to the residents of Frederick County and the Shenandoah Valley; and
WHEREAS, the Sfa# Fait Management and Interpretation Plan shall serve as a planning
resource for the future protection, management, and execution of this important site.
NOW, THEREFORE, BE 1T RESOLVED, that the Board of Supervisors of Frederick
Comity, Virginia, endorses the Star F&I Management and Interpretation Plan.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
COMMITTEE REPORTS
PERSONNEL COMMITTEE,
The Personnel Cormnittee met on Thursday, October 26, 2000, with the following members
present: Margaret B. Douglas, Chairman; Sidney A. Reyes, Vice -Chairman; Philip C.G. Farley,
Verne E. Collins, John R. Riley, Jr., and Ann K. Kelican. Robin Damico was absent.
1. Request to Amend Leave Accrual Rates: - Approved
The Committee reviewed a request from the Personnel Director to amend the County's leave
accrual rates to conform to those recently approved by Governor Gilmore. This amendment would
not effect the County's monetary liability inasmuch as the cash out remains at a maximum 336
hours. The Committee recommends approval of this request. (See Attachment "A")
2. Request from Parks and Recreation Director for Reclassifications:- Approved
Minute Book Number 27
Board of Supervisors Meeting of 11/08/00
5J
contract. The copier broke down in the latter part of FY2000, and it has not been cost
effective to attempt repair. The committee recommends approval. See attached memo p.34-
41. Approved
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the $50,000 was
approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Omdoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the $2,150 request
was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the $2,136.50
request was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Omdoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
15. The Parks and Recreation Department requests a General Fund Supplemental Appropriation
in the amount of $263.00. This amount represents an insurance reimbursement for light
damage and is requested to be appropriated in line item 7109-3004-000-003 Repair and
Maintenance Buildings. No additional local funds are required. See attached memo p.42.
The committee recommends approval. Approved Under Consent Agenda
16. The Director of Planning requests a General Fund Supplemental Appropriation in the amount
of $2,548.96. This amount represents the remaining FY2000 balances for l RKE FQsl's on
going management and Interpretation Plan and is requested to be re appropriated in FY2001.
No additional local funds are required since this project was funded by the National Park
Service. See attached memo p.43. The committee recommends approval. Approved
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request
was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Omdoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Minute Book Number 27
Board of Supervisors Meeting of 09/27/00
061
9/ly1Jv
S� DEVELOPMENT PLAN 1004-94 - STAR FORT - APPROVED
Mr. Orndoff asked if this property was in Stonewall or
Gainesboro District.
It was the consensus of the board that this is in Stonewall
District and the information from the planning department should
be changed to note this.
Mr. Kris Tierney, assistant planning director, noted that
the planning department had received a letter this date from
Shockey Brothers wherein they have no objection to this request.
Mr. Tierney noted that the staff recommended approval, contin-
gent upon resolution, of open space issues and the necessary
amendments to the plan to meet the technical requirements. The
planning commission felt it was necessary to have the connection
to Locke Drive, they also felt the owners of Star Fort should be
a part of the application, which would address the open space
concerns. Residents of Locke Drive were present at the planning
commission meeting and were opposed to having the entrance on
Locke Drive. The planning commission did recommend approval and
they instructed staff and the applicant to work out the issues
of open space and access to Locke Drive.
He further noted that the planning department had received a
letter from Robert Rhodes, president of Middlesex Artillary
Fleet's Battery, Inc. CSA, which the staff felt alleviates the
concern over open space and the dedication of Star Fort. They
had also received a letter from Chuck Maddox of G.W. Clifford
along with a revised lay out for the proposed residential
development, which also addresses some of the concerns of the
residents of Locke Drive. The planning staff felt at this point
that the applicant has done what he has been requested to do.
Mr. Dick asked if Locke Drive was within the state system.
Mr. Tierney replied yes.
Mr. Dick explained that the planned crossover concerned him
inasmuch as it is not close to Hillcrest, it is further up the
road, and he wondered whether this could be a problem.
CM
062
Mr. Tierney explained that with staff and VDOT the primary
entrance to and from the residential development will be the one
that is across from the crossover on Route 522.
Mr. Dick asked about the location of the deceleration lane,
of the one coming out of Winchester, but going the other way,
s he felt this is a very dangerous spot. He further asked
here the commercial entrance was going to be.
Mr. Tierney explained that this had not been specified at
his time.
Mr. Watkins stated that he felt this concern of Mr. Dick be
addressed when the motion was presented to approve this request.
Mr. Dick stated that another concern he had was the owner -
hip of Star Fort, and whether or not there would be any activi-
ties at this location such as there are at Fort Shenandoah like
he North and South Skirmishes.
Mr. Tierney stated that this had not been discussed with
he applicant.
Mr. Smith stated that he wanted to be sure that anyone
uying these lots would be aware of the proximity of Shockey
Brothers so complaints about equipment noise etc. would not be
coming to the board once the development has started.
Mr. Ellington stated that he had a concern about the turn
round at the end of Locke Drive. He requested that the plan-
ing commission look at this at the site plan stage. Mr.
llington further stated that when this was heard by the plan-
ing commission he understood that Star Fort would be maintained
y an assessment of the property owners of up to $400, which
ould be placed in a fund and the recommendation was that this
would be administered by the board of supervisors, he is not in
favor of this.
Mr. Longerbeam stated that he felt a left hand turn is also
needed across the median strip, and the county needs to control
he commercial entrances into this subdivision.
Mr. John Foote, attorney, appeared before the board on
ehalf of George Glaize and Carlin Smith. He addressed the idea
f how Star Fort could be done over and maintained and that is
-1v -
063
how the assessment came about. There would be a mandatory
assessment of not less than $50 and not more than $250, this
would be limited to $50 per lot for the first five years and it
could only be increased $10 per lot in the years following.
They felt this would maintain Str Fort in the foreseeable
future. The board would not be involved in handling any of
these funds, the board could possibly be asked to approve the
budget for the use of these funds.
Mr. Chuck Maddox, of G. W. Clifford, appeared before the
board to explain what was planned as far as the entrances were
concerned.
Mr. Dick stated that his area of concern with the reenact-
ments, skirmishes still had not been addressed.
Mr. Foote explained that the answer on this would have to
come from Mr. Rhodes.
Mr. Dick asked if the developers would be putting the
cul-de-sac in on Locke Drive.
Mr. Foote replied yes.
Mr. Robert Rhodes appeared before the board stating that at
this present time the only thing they are trying to do is get
the fort preserved, and the only future use they will be doing
is living history, there will be no skirmishes or perse battles.
There will be demonstrations, life as it used to be in a fort,
probably because of the neighbors there will be what they call
dry firing weapons, no weapons will be loaded, only caps. The
fort will be used certain times by union troops and certain
times by confederate troops.
Mr. Dick asked no noise from guns, none whatsoever.
Mr. Rhodes replied only what a cap would sound like.
Mr. Dick asked Mr. Rhodes if the group he was representing
had any funds as far as restoring the fort, and have they ever
been given any funds to restore the fort.
Mr. Rhodes replied yes the first monies that were given to
Sit E& t were spent on the plans for Star Fbft and all funds
given have been expended over the years and the amount was
approximately $24,000. There was one initial clearing, complete
064
topo plans of the area. The large chunk of money that was given
to the fort was given and reversed right back to a company that
did the initial clearing of the fort.
Mr. Dick asked how long ago this happened.
Mr. Rhodes replied that he thought it was around 1982 or
I1984.
Mr. Dick asked approximately how much went for clearing.
Mr. Rhodes stated that approximately $22,000 was the turn
around gift, which was basically from private individuals and
(went right back.
Itime.
Mr. Dick asked if any clearing had been done since that
Mr. Rhodes stated that some hand clearing by volunteers,
lother than that not much had been done.
ion.
Mr. Longerbeam asked how many people were in this organiza-
Mr. Rhodes replied four people.
Upon motion made by Charles W. Orndoff, Sr., seconded by W.
Harrington Smith, Jr., and in seconding the motion Mr. Smith
requested that something be noted in the deeds that would make
owners aware of Star Fort and the activities that could take
lace there, the master development plan #004-94 of Star Fort
s approved by the following recorded vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
Mr. Longerbeam requested that he might see a copy of a deed
before the master development plan is finalized.
BOARD TAKES 5 MINUTE RECESS
REQUEST FOR SUBDIVISION WAIVER - APPROVED UNDER CONSENT
AGENDA
This plat proposes the division of a 2.309 acre lot from a
larger tract consisting of 74.769 acres. This would be a
permitted division except for the fact that Section 165-56 A. of
the Zoning Ordinance requires that the lot be 250' in width at
the 60' setback line when established on an existing state
maintained road.
The proposed eastern boundary of this lot is also the
zoning boundary of the MH-1 zoned land also located on this
parcel. The MH-1 zoned portion and this proposed lot are both
It
82
Upon motion made by L. A. "Steve" Putnam, seconded by
Dudley H. Rinker and passed unanimously, rezoning application
number 017-88 of Shiho, Inc., P. O. Box 2715, Winchester,
Virginia, to rezone 6+ acres from A-2 (Agricultural General) to
B-2 (Business General) for a strip commercial center and office
park was approved. This property is located on the East side of
I-81, just South of the Kernstown exit, fronting on the East
side of Route 642 in the Opequon and Shawnee Magisterial
Districts.
CONDITIONAL USE PERMIT #012-88 OF PAT HIMELRIGHT -
OPEQUON MAGISTERIAL DISTRICT - NO PERMIT NECESSARY
Mr. Ambrogi, Commonwealth's Attorney, stated that this was
exempt and no permit was necessary.
AMENDED CONDITIONAL USE PERMIT 4001-86 OF CHERYL L.
ANDERSON - STONEWALL MAGISTERIAL DISTRICT - TABLED
The request of Cheryl L. Anderson for an amendment to con-
ditional use permit number 001-86 was tabled.
OTHER PLANNING ITEMS
REVISED PRELIMINARY MASTER DEVELOPMENT PLAN - 881T
FORT ESTATES - APPROVED
Mr. Watkins presented this request and stated that the Plan
ning Commission recommended approval.
tion
Mr. Putnam asked if there was a provision for water deten-
Mr. Watkins replied yes.
Mr. Stiles explained that this was included in the Transpor
tation Department's Six Year Plan.
Mr. Bruce Edens, with Greenway Engineering, appeared before
the Board on behalf of this request and explained what was
planned as far as the retention basin as well as what the High-
way Department would be doing.
Mr. Stiles explained that the retention basin will be de-
signed so that the water that has been backing up in the back
yards of those that back up to this site will be taken care of.
Mr. Stiles further explained that this run-off water is coming
from back up 522, the James Wood Ridge Campus, as well as
Westminster -Canterbury.
r
33
Mr. Orndoff asked about the additional run-off that would
be the result of the construction project at the James Wood
Athletic Facility currently planned at Ridge Campus. He asked
what the time schedule was for the construction of the 16 patio
homes that the plans call for.
Mr. Saunders, one of the owners, replied not until the
Spring of 1989 and they would not all be built at one.time.
Mr. Dennis Hinkle, resident of Locust Avenue, appeared
before the Board and stated that he was not clear on everything
that was being discussed. He asked about the time for when the
culvert would be installed.
Mr. Stiles explained that he had discussed this with Mr.
Bushman of the Highway Department and he understood what needed
to be done. Mr. Stiles further explained to Mr. Hinkle about
the retention basin and how it would help with the water
problems in his back yard.
Mr. Hinkle asked how many homes were actually planned as
the number had changed two or three times.
Mr. Stiles replied 16.
Mr. Jerry Newlin, resident of Locust Street, appeared
before the Board at which time he read a letter from the Office
of the Governor of Virginia dated October 6, 1988 wherein a Mr.
Vaughn was to contact our Planning Department concerning this
matter.
It was the consensus of the Board that the neighbors in
this area would meet with Mr. Vaughn and that this information
would be forwarded on to our Planning Department, and Mr.
Watkins and the Board will review before approval of the subdivi-
sion plat.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the revised preliminary
master development plan of Star Fort Estates was approved and
that Mr. Watkins is to contact the Highway Department immediate-
ly about the Lee Avenue situation.
MEMORANDUM ON PUBLIC MEETINGS RE: COMPREHENSIVE PLAN
Mr. Watkins presented this information to the Board.
41
Mr. Watkins presented this request and noted that the
Planning Commission recommended approval.
Mr. Stiles noted that there was no access to the property.
Mr. Orndoff asked how many entrances and exits the plan
called for.
Mr. Chuck Maddox, of G. W. Clifford and Associates,
appeared before the Board and stated that one entrance and one
exit was called for on the plan.
Mr. Orndoff asked whether certain streets could be
connected in order to handle the traffic.
Mr. Stiles explained that you should not mix commercial and
residential traffic.
Mr. Crosen asked why the City would object to using
VanFossen street.
Mr. Stiles replied that it is too narrow.
Mr. Delmar Bayliss, Realtor, appeared before the Board and
stated that he is involved with the sale of this property and
the City had assured him that a letter would be delivered in
time for tonight's meeting stating that the City had no
objection to the exit by using Apple Street and he did not know
why the letter was not delivered.
This request was tabled until more information on access is
available.
REVISED PRELIMINARY MASTER DEVELOPMENT PLAN - WESTSIDE
STA ION - APPROVED
Mr. Watkins presented this request and stated that the
Planning Commission recommended approval.
Mr. Chuck Maddox was present on behalf of this request.
Upon motion made by Robert M. Rhodes, seconded by L. A.
Putnam and passed unanimously, the revised preliminary master
development plan of Westside Station was approved.
W€Et KI P'-GM ESTATES - TABLED
Mr. Watkins presented this request and stated that the Plan-
ning Commission recommended approval with the understanding that
an on site detention must be incorporated in the final plan and
the drainage problem resolved.
, / 2 -1/ ?--6-
42
Mr. Stiles asked if adjoining property owners had been not
fied of this meeting.
Mr. Watkins replied no.
Mr. Bruce Edens, Surveyor, appeared before the Board on
behalf of this request. He further stated tnat there would oe
an area that would serve as a holding pond rather than have the
water going into the neighbors backyards.
Mr. Stiles explained that he wanted the Highway Department
to look at this again and have all adjoining property owners
notified.
Mr. Orndoff stated that he had visited the site and he felt
the water would flow back into the City if Braddock Street is
upgraded.
Mr. Ron Brown, Attorney, appeared before the Board on be-
half of Messrs. Harris and Saunders and stated that this request
was presented to the Planning Commission in February and again
in May and he felt his clients had done all that was required of
them to have this request approved.
Mr. Dennis Hinkle, resident of Locust Avenue, appeared be-
fore the Board to oppose this request and stated that drainage
and access are the problems with this request.
Mr. Jerry Newlin, resident of Wyatt Street, appeared befo
the Board to oppose this request as drainage in this area is b
and he felt a project such as this would only make it worse and
the traffic flow is also a problem.
Upon motion made by Charles W. Orndoff, seconded by L. A.
Putnam and passed unanimously, to table this until the area in
question is reviewed by the Highway Department.
BOARD APPROVED SALE OF CERTAIN LOTS IN THE SHAWNEELAND
SANITARY DISTRICT
Mr. Wayne Miller, Manager of the Shawneeland Sanitary
District, appeared before the Board to request Board approval
for the sale of certain lots in Shawneeland that have been
donated to the Sanitary District.
Ms. Dianne Clevenger, owner of a lot in Shawneeland, appea
ed before the Board and stated that she had purchased a lot and
Aso
Developments containing
only single family detached
cluster or a mixture of single
family detached cluster
and urban traditional
housing. 25% 15%
All other developments. 30% 20%
5-6 DIMENSIONAL REQUIREMENTS
5-6-1 The following dimensional requirements shall be met
by uses in this district. The Administrator shall
make the final determination as to the
classification of housing types.
5-6-1.1 Unless otherwise specified, all housing types shall
be served by public sewer and water.
5-6-2 SF DETACHED - RURAL TRADITIONAL - Single family
residence on an individual lot with private yards on
all four sides, without public sewer and water.
5-6-2.1 Minimum Lot Size - 100,000 square feet.
5-6-2.2 Minimum Yards:
5-6-2.2.1 Setback from road right-of-way - 60'
5-6-2.2.2 Side - 15'
5-6-2.2.3 Rear - 50' without public sewer and water
5-6-2.3 Minimum lot width to maximum depth ratio - 1 to 3
5-6-2.4 Minimum Off -Street Parking - 2 spaces/unit
5-6-2.5 Maximum Building Height - Principle 351; Accessory
20'
5-6-3 SF DETACHED TRADITIONAL - Large lot single family
residence with private yards on all four sides
without required common open space.
5-6-3.1 Minimum Lot Area - 15,000 square feet
5-6-3.2 Minimum Yards:
5-6-3.2.1 Setback from road right-of-way - 35'
5-6-3.2.2 Side - 10'
5-6-3.2.3 Rear 25'
5-6-3.3 Minimum Lot Width at Setback - 80'
5-6-3.4 Minimum Off -Street Parking - 2 Spaces/Unit
5-6-3.5 Maximum Building Height - Principle 35'; Accessory
20'
5-6-4 SF DETACHED - URBAN - Single family residence on
an individual lot with private yards on all four
sides.
5-6-4.1 Minimum Lot Area - 12,000 feet
PRELIMINARY MASTER DEVELOPMENT PLAN - SMIMBI FORT ESTATES -
TABLED
SUBDIVISION REQUEST - LENOIR CITY COMPANY OF VIRGINIA -
APPROVED
C� 1 r)1 L:
556
FURTHER accepts responsibility jointly with Frederick
County and the town of Middletown for all phases of the Program
and
FURTHER accepts liability for its pro-rata share of any
funds not properly used or accounted for pursuant to the
Regulations and the Application, and
THAT said funds, when received, will be transferred 1 g
immediately to the cooperating jurisdictions. All funds will b
used in the Cooperative Program to which we give our endorsemen
and support.
HEREBY requests the Department of Conservation and
Economic Development, Division of Litter Control, to consider
and approve the Application and Program, said Program being in
accord with Regulations governing use and expenditure of said
funds.
PLANNING COMMISSION BUSINESS
REVISED PRELIMINARY MASTER DEVELOPMENT PLAN - SMNR FORT
ESTATES - REFERRED TO CITY F WINCHESTER PLANNING FFICE
Mr. Steve Gyurisin, Deputy Director of Planning and
Development, presented this revised preliminary master
development plan and stated that the Planning Commission
recommended approval.
area.
Mr. Putnam addressed the area designated as flood plain
Mr. Stiles stated that this was of great concern of the
Planning Commission and that this plan will not be approved
unless this concern is addressed.
Mr. Riley asked about the Federal Agency that is
responsible for looking into flood plain areas and that they
should be contacted to look at this drainage basin.
Mr. Bruce Edens, of Greenway Engineering, appeared before
the Board on behalf of this request.
City.
Mr. Orndoff asked if the entrance would be coming from the
Mr. Riley asked if the County had received any objections
from the City on this.
Mr. Gyurisin stated that he was not sure.
Mr. Riley stated that he felt it would be advisable to send `
this to the City of Winchester for their review and recommenda-
tion before the County did anything further.
Mr. Jerry Newlin, resident of 136 Locust Street, appeared
before the Board to oppose this request and presented a petitior
t 1%
557
with one hundred fifty signatures that were also opposed to this
request.
Mr. Newlin, by way of pictures, showed Board members of
flooding that has been experienced in this area for some time.
Mrs. Doris Schulen stated that she no longer lived in the
area but did have rental property there and she was opposed to
this development.
Mr. Chris Spanos stated that he too was opposed to this
development.
Mr. Gerald Brown, area resident, appeared before the Board
and stated that he is also opposed to this request and wanted to
know the definition of a patio home.
Mr. Newlin asked how homes could be built to the rear of
his home when the run that currently goes through there is
higher than the lots are.
Mr. Stiles replied that certain requirements would have to
be met.
Mr. Dennis Hinkle, area resident, appeared before the Board
and stated that due to all the dampness that is already there,
they are always having problems with mosquitos.
Mr. Edens stated that the retention basin planned for this
area would be like the one that is in Whittier Acres.
Mr. Putnam stated that he felt the Board needed to know
that this plan, if approved, would not make the problem any
worse downstream.
Mr. Orndoff stated that he felt this should be referred to
the City of Winchester Planning Office for their review.
Upon motion made by Charles W. Orndoff, Sr., seconded by L.
A. Putnam and passed unanimously, to refer the revised
preliminary master development plan, Star Fort Estates, to the
City of Winchester Planning Office for their review.
COMMITTE REPORTS
FIRE AND RESCUE COMMITTEE REPORT
Mr. Crosen presented the following report and stated that
it was for information only and no action was necessary:
LESTFR A. ELLIOTT, ET AL r
TO: :: DFED OF GIFT
MIDDLESEX ?`RTILLFRl FLEET'S 3 _T^YERI\, i"7C
'
*rrr*rrr*rrrrr*rxrrtrrr<++rrr++crrrrt+rrrr+trr*r
6005 544 PAtE 4
ITHIS
DEED OF GIFT made and dated this ids day of
!
Dr:Ce�►setG , 1981 , by and between Lester A.
Elliott, widower, and Carlin L. Smith and Ceorgie E. Smith,
his wife, parties of the first part, and Middlesex Artillery
•
Fleet's Battery Inc., C.S.A., a corporation organized pur-
suant to the laws of the Commonwealth cf Virginia, party of th
{
second part.
WHEREAS: Frances C.-Elliott, wife of Lester A.
i-
Elliott, is deceased.
NOW,THEREFORE, WITNESSETH: .That as a gift and in
j-°
consideration of the covenants set forth herein, the parties
"-
of the first part do hereby grant and convey, with general
warranty and English covenants of title, unto the party of
'
the second part, all thgt certain tract or parcel of land,
together with all rights, rights of .-ay and appurtenances
thereunto belonging and improvements thereon, lying and being
I
situate in Stonewall Distribt, Frederick County, Virginia, and
"
described as containing 3.000 acres by that certain plat
a .;-
==
and survey of Thomas A. Shxkey, L.S., dated December 18, 148
j
attached hereto and by this -reference made a part of this
..
deed. This is a portion of ..&* same property described in
`.'
that certain Decd dated May 23, 1973, from Laster A. Elliott,
at us, to Carlin.L. Smith, at ux, of record in the Clerk's
Office of the Circuit Court of Frederick County, Virginia, in
Deed Book 416, at Page 539, to which deed and the references
=.,f.
therein contained, reference is here mate for a more particu-
lar description of the property herein conveyed.
!=
This conveyance is made subject to the condition
4,
t'.
that the said party of the second part, its successors or
s....r. a.ar�«•
assigns shall hold and maintain the said property as ope.►
LAMM= e onwese
space as required by the ordinances of Frederick County,
r,w�r�.r r,rr
Virginia.
a
a00c 544 ��cE 4 's
This conveyance is further subject to the condition
that said party of the second part, its successors or assigns,
hold and maintain said property as a historic preservation
site and shall not use it as a building lot.
The said parties of the first part do hereby grant
unto the said party of the second part, its successors o:
assigns, a right of way 10 feet in width extending from State
Route 632 to the aforesaid property. the location of which
right of -way is to be designated by the said parties of the
first part. The said parties of the first part shall have
the right to change the location of the said right of way if'+
when a street pattern is developed over the land contiguous
to the aforesaid property.
The said party of the second part joins in the
execution of this deed for the sole and express purpose of
agreeing to its provisions and to comply therewith.
This conveyance is also made, however, subject to
all Ltghts of way, easements and/or conditions of record, if
any, affecting the aforesaid property.
MITNEsB the following signatures and sealst
ale?
LAJWMM. "OURS"% II
LAB= n • ORsv aR
,fz ,
`IJC� (SEAL)
star A. E1 0
(STAW
n m 7
t (SEAL)
o e m
MIDDLESEX ARTILLERY-- FLEET'S
BATTERY INC., C.S.A.
BYt
4A=:Vr..-
ant
- 2 -
M
WK 544 "U 420
STATE OF VIRG1NIA,
OF
to -wits
7717, I� a No Public of and for
the and State aforesaid, do hereby certify
that Looter i. Elliott, Widower, and Carlin L. Smith and
Georgia E. Smith, his wife, whose names are signed to the
foregoing instrument, bearinoj date the day of •
198_L, have personally appeared before me in my ,.24,.,.2U.Q
and State aforesaid and acknowledged same.
Civen under my hand thisay of •
198�_.
My commission expires _ (ji i( f -/ a1_•
otary Punic
STATE OF VIRGINIA,
to -wit:
a Notary Public of and for
the CIA, and State aforesaid, do hereby certify
that .b.. S • K y , President of Middlesex
I
Artillery --Fleet's Battery, Inc., C.S.A., whose name is signed
to the foregoing instrument bearing date the xS day of
...,b.- , 1981_, has personally appeared before me
/)
in my lr �-d-a and State aforesaid and acknowledged same.
Given under my hand this 7'day of__.•
My. commissi ires
Notary u c�
- 3 t yt{21y r
wall
S m00% -•14 iA,E 4 f OTHEP LAND
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OTHER LAUD
The above plat is a survey of a portion of the land conveyed to Carlin L. Smith
and Others. May 23. 1973 in Deed Book 410 - Page 539. The said land adjoins the land
®
of Middlesex Artillery - Fleet's Batti--Ys Inc. C.S.A. and lies North of Routs 522 and
i tri t Fredarlck Co t virginia
Sast of Route 832 in Stona D s c
Beginning at an iron pin(found) corner to Middlesex Artillery and in the line of
the Other Land of Smith and Others. Thence with liddlesex Artillery S 6? 48' 40" i -
440.36' to an iron pin(fo=d)t Thrace N 20 11' 20" S - 395.68' to an iron pin(found)s
Thence N 65P 48' 40" Y - 440.36' to an iron pin(found) In the line of Smith and Others{
Thence therewith N 24e 11' 20' Y • 50.004 to an iron pins '!hence S 65e 48' 40" E -
5".28' to as iron pin and continuing S 6y 48' 40" 8 - 615.164 in all! Thence S 240 11•
20" V - 493•6811 'hence N 650 48' 40" Y - 87.68' to an iron pin and continuing N 67 48'
40"•Y - 615.16' in all to an irca. pins Thence
N 20 11' 20' 9 - 50.00' to the point of beginning. Lt.UTU 0p
ContlAing - 3.000 acres
AurveysQ - December 18. 1981
o
v ' 0.'
n ICE"30 Ne.
�wtn.0 IPUAiACK noutiiv. Wy. p : 1211
T /M "owum"d ►' .re7r� ++. woo -ow W "r "n nr � Ny d g 198A - ' op
t A nI —,,,, .b -wr awur r a .wm.o.dyn.m aw ft eroomd m aimed 0 SUSV�
to ..ter&
& r
266
11ii !• ,
-
r-.
* F�
&•Moan. Ar.vuwri.
L{Zaabcu �vp
}. Od{itk{#tom ►IWM,�
II
#3918 '
LESTER A. ELLIOTT,•ET AL
TO: :: :: DEED OF GIFT
MIDDLESFY. ARTTT,T,FRY
'.Onr Sal Flu- 266•
PHIS DEED Oh GIFT mnde and dated this .�Q� day of
lip%_ 19S(), by and between Lestor A.
Elliott, Widower, and Carlin L. Smith and Georgia E. Smith,
his wife, parties of the first part, and Middlesex Artillery --
Fleet's Battery Inc. C. S. A., a corporation organized pur-
suant to the laws of the Commonwealth.of Virginia, party'of the
.-second part.
WHEREASs Fiancee C. Elliott, wife of Lester A.
Elliott, is deceased.
• NOW,. THEREFORE, WITHESSETHs That for and in con-
sidoration of the sum of Ten ($30.00) Dollars, and other good
and valuable consideration, receipt whereof is hereby acknow-
ledged, the parties of the first part do hereby grant and
convey, With general warranty and English covenants of title,
unto the party of thE- second ir•r:, all that certain tract or
parcel of land, together with all rights, rights of way and
fappurtenances thereto belonging and improvements thereon,
lying and being situate in Stonewall District, Frederick County,
-Virginia, and deiscribed as containing 4.000 Acree by that
•c-irtain plat and survey of Thomas A. Shockey, L.S., dated
Dacember 12, 1900, attached hereto and by this reference made
apart of this deed. This is a portion of the same property
" described in'that certain Deed dated May 23, 1973, from Lester
A. Elliott, et ux, to 'Carlin L. Smith, at ux, of record in the
Clerk's Office of the Circuit Court of Frederick County, Vir-
ginia, in Deed Book 410, Page 539, to which deed and the i
references therein contained, reference is here made for a mdre
particular description of the property herein oon,,ayed..
This conveyance is made subject to the condition
t*at the said party of the second part, its suclgssors or assign
5 ,00X 531 Flu 267
shall hold and maintain the sail property as open space as
required bythe ordinances of Frederick County, Virginia.
This conveyance is further subject to the condition
that said party of the second part, its successors or assigns,
hold and.maintain said property as a historic preservation
site and shall not use it as a building lot.
The said partiab of the first part do hereby grant
unto the said party of the second part, its successors or
assigns, a right of way 10 feet in width extending from State
Route 832 to the aforesaid property, the location of which
right of way is to be designated by the slid parties 'of the
first part. The said parties of •the first part shall have the
11, 0 0
'right to change the location of the said right of way If and-'
4
'
.when a street pattern is devLloped over the land contiguous
tz.the aforesaid pruperty.
The said party of the sicond part joins in the
P '54
execution of this deed for the sole and express purpose of
its provisions and to comply therewith,-'
.agreeing.tc
, 7
This conveyance is also made, howtver, subject to
all rights of way, easements and/or conditions of record, if
any, affecting the aforesaid realty.
WITNESS the following signatures and seals.-
-A I" �(S E AL)
Lester A. Elliott"
(SFAL)
Carlin
(SEAL)
-V orgie E. Smith
.9e
mTbDLESEX ARTILLERY --
FLEET' ATTERX INC. C.
LS.A.
By l-
raT
eident
,
2(
u
DAMN/1. ww ww�o..11
{w��,CR 4 QMVN
Y�Yr.rr. nr,ru
u
C� 531 wi 268
STATE Or VIRG:NTA,
r t`
1t3. OF to -Wit:
r, I - ;,�.: - ( )nt"..A—, a Notary Public
in and for the C and State aforesaid, do hereby certify
that Lester A. Elli�idcwer, and Carlin L. Smith and Georgia
i
i
E. Smith, his wife, whose names.are signed to the ntbregoing
instrument bearing crate the 1CLE day of o �r._Iw ,
19-60 , have -).eraonally appeared befote me in my V an
Stare aforesaid and acknowledged same.
Given under my hand this � J day of 19SLC
• My commiasir_f, expires
-- tn. .A 1
Notary Public
PTATS OF VIR91NIA,
OF y-I.a.3ni,_ K , to -Witt
P� . f na,, , a Notary Public
in and for the and State aforesaid, do hereby cartily
that James A. Riddle, tPresident, XXRXXXXKXRXX KKKZK KX1*VXKVXXP
ZXKXXXXKX of Middlesex Artillery --Fleet's Battary Inc. C. S. A.,
whose names as such are signed to the foregoing instrument
bearing date •h•_ 19 have
personally appeared before me in my and State afore-
said and acknowledged same.
Given under my hand this 3,^LIday of ID'a D. e2, 191c
My commission expires Mrt,,. 34. 19E
- ! -
1
Star Fort
Star Fort Outline
• The Home Owners Association (HOA) for Star Fort has established on October 3,
1996.
• The Master Development Plan (MDP) requires that an annual assessment of not
less than $60 or more than $250 per lot for the operation and maintenance of Star
Fort.
• As of July 30, 2005, there has been $3,302.98 collected in the Star Fort HOA
account.
• Star Fort has a total of 135 recorded lots.
• Staff has projected that at $60 per lot though 2006; a sum total of $35,457.02 has
yet to be collected. Staff has accounted for money currently listed in the HOA
account.
• Buffer requirements were changed on this plan with regards to lots in Section IVa
of the Master Development Plan. This was done with though staff and the
developer.
• Staff has not been able to inspect if the proposed pathway system has been
installed.
• Currently nothing has been presented to the Board of Supervisors in regards to
budgeting or use of funds for Star Fort. This is a requirement of the MDP.
• As of December 20, 2005, building permits will not be issued for Star Fort, due to
engineering problems.
09/01/2009 14:12 5406670370 FREDERICK COUNTY GOV PAGE 01/02
FAx TRANSMISSION
OFFICE OF THE COUNTY ADMINISTRATOR
COUNTY OF FREDERICK, VIRCINIA
107 North Kent Street
Winchester, Virginia 22601-5000
(540)665-5600
Fax: (540)667-0370
To: Mark Cheran Date: September 1, 2009
Zoning Administrator
Fax #: (540)665-6395
From: Teresa J. Price
Administrative Assistant
County Administrator's Office
(540)665-6382
tprice@co.frederick.va.us
Pages: 2, including this cover sheet.
Subject: Correspondence from Sanitation Authority Re: Star Fort
COMMENTS:
Mark, I did not hear from you as to whether you had received this or not. In case
you didn't, here is a copy. I believe what we received was a blind copy to John. o
�~
10
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
July 14, 2006
Mr. Richard Hardison
All Freight Delivery Systems
PO Box 2834
Winchester, VA 22604
RE: Star Fort Development
Dear Mr. Hardison:
I am writing to follow-up on some issues that you discussed with Kris Tierney via
telephone on Monday, July 10, 2006, regarding Star Fort. It appears that we are
progressing with completion of the development's required roads and E&S
improvements, and bonding issues could be resolved within the next few weeks.
Two issues that we continue to work through is the Master Development Plan notation
addressing: Open Space Dedication; and Viewshed Protection. Neither of these
conditions has been satisfied.
Onen Space Dedication
The MDP states that 8.9 acres of open space will be dedicated for long-term preservation
of the Battlefield Park [see attached copy of MDP note]. The historic Battlefield Park,
a.k.a. Star Fort, is, as it was when the MDP was approved, under the ownership of the
Middlesex Artillery. Based on Clerk of the Courts records, ownership of these 8.9 acres
of land have not been transferred to the Battlefield Park entity since the MDP was
approved in 1998.
Staff does recognize that in 1980 and 1981 land was transferred to Middlesex Artillery,
creating the initial Star Fort preservation parcel totaling 7 acres [see attached copies of
the recorded Deeds -Book 531, Pages 266-269 and Book 544, Pages 418-421]. This land
transfer in 1980 was well in advance of the MDP approval, and therefore does not equate
to satisfying the MDP conditions as approved by the county.
The 8.9 acres must be dedicated to the Battlefield Park to conform to the MDP.
Viewshed Protection
Notations on the approved MDP state that the historic viewshed from Star Fort would be
protected via open space delineation. Such delineation may be accomplished through the
recordation of a preservation easement on the property to benefit the Battlefield Park.
107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000
Page 2
Mr. Richard Hardison
Re: Star Fort Development
July 14, 2006
This easement has not been established. Therefore, the viewshed protection condition of
the approved MDP has not been satisfied.
We continue to look forward to working with you to complete the project.
Sinlerely,
Erie Lawrence
Planning Director
ERL/dlw
Attachments: Deeds for Star Fort historic park
Portion of the approved MDP pertaining to historic Star Fort
cc: Chuck DeHaven, Stonewall District, Board of Supervisors
Kris Tierney, Assistant County Administrator
Mark Cheran, Zoning Administrator
Carlin L. Smith
525 Seldon Drive
Winchester, VA 22601
410
,
9
M
0164
LESTER A. ELLIOTT. ET AL
TO: :: DEED OF GIFT #
MTDDLESEX ARTILLERY FLEET
3ttTTYERIN, INC.
bma 544 PACE 4i.4I
THIS DEED OF GIFT made and dated this is " day of
DsG1A?ao-G , 1981 , by and between Lester A.
Elliott, Widower, and Carlin L. Smith and Ceorgie F.. Smith,
his wife, parties of the first part, and Middlesex Artillery
Fleet's Battery Inc., C.S.A., a corporation organized pur-
suant to the laws of the Commonwealth cf Virginia, party of th
second part.
WHEREAS: Frances C. Elliott, wife of Lester A.
Elliott, is deceased.
NOW,THEREFORE, WITNESSETH: That rs a gift and in
consideration of the covenants set forth herein, the parties
of the first part do hereby grant and convey, with general
warranty and English covranants of titib, unto the party of
the second part, all that certain tract or parcel of land,
together with all rights, rights of :-ay and appurtenances
thereunto belonging and improvements thereon, lying and being
situate in Stonewall Distritt, Frederick County, Virginia, and
described as containing 3.000 acres by that certain plat
and survey of Thomas A. Shockey, L.S., dated December 18, 1981,
attached hereto and by this -reference made a part of this
deed. This is a portion of .,,• same rroperey described in
that certain nerd dated May 23, 1973, from Lester A. Elliott,
et ux, to Carlin L. Smith, at ux, of record in the Clark's
Office of thm Circuit Court of Frederick County, Virginia, it,
Deed Book 410, at Page 539, to which deed and the references
therein contained, reference is here mad-i for a more part.Acu-
lar description of the property herein conveyed.
This conveyance is made subject. to the condition
that the said party of the second part, its successors or
assigns shall hold and maintain the said property as ope.i
space an required by the ordinancra of Frederick County,
Virginia.
1
11
1
I
Il
LA. Kwr.
L bo" • Owru II
I
544 ,►:E 419
This conveyance is further subject to the condition
that said party of the second part, its successors or assigns,
hold and maintain said property as a historic preservation
site and shall not us, it as a building lot.
The said parties of the first part do hereby grant
unto the said party of the second part, its successors o-
assigns, a right of way 10 feet in width extending from State
Route 832 to the aforesaid property, the location o! which
right of - way is to be designated by the said part -.es of the
first part. The said parties of the first part. shall have
tt!e right to change the location of the said :ight of way if
when a street pattern is developed over the land contiguous
to the aforesaid 2ropetty.
The said party of the second part joins in the
execution of this deed for the sole and express purpose of
agreeing to its provisions and to comply therewith.
This conveyance is also made, however., subject to
all -Ights of way, easements and/or conditions of record, if
any, affecting the aforesaid property.
WITNESS the following signatures and sealse
111 (SEAL)
ster A. L' o
('SEAL)
n Smi
(REAL)
eo e m
fth
MIDDLESEX ARTILLERY-- FLEET'S
BATTERY INC., C.S.A.
B Y t
res ent
.. 2 _
I '
.` II
i
i
I
rra..s�. wr.on.w.
t�aays � aaovs�
4
cook 544 wA 4 <0
STATE OF VIRGINIA,
OF
to -Witt
a Notary Public of and for
r
the �A and State aforesaid, do hereby certify
that Lester Elliott, Widower, and Carlin L. Smith and
Coorgic E. Smith, his wife, whose names are signed to the
foregoing instrument, bearing. date the�u
day of ,
1981, have porsonally appeared before me in my -4�.yy,Q„
and State aforesaid and acknowledged same.
Civen under my hand this day of r
my commission expires
otary �C�
STATE OF VIRGINIA# '�,���
•� OF L,+�.r�a. U. , to —wits
I K. 1,:k, a Notary Public of and for
the 01-1' and State aforesaid, do hereby certify
that .1�� S y President of Middlesex
i
Artillery --Fleet's Battery, Inc., C.S.A., whose name is signed
to the foregoing instrument bearing date the xA day of
198J_, has personally appeared before me
in my _Lr�-�•�_and State aforesaid and acknowledged same.
v�
Given under my hand this 1 day of �. -•-
11. ;.
t94Y.
1
My commissi ires
Notary u cad
►- t•f
4. BOG% r-44 wa 421 OTHER LAUD
Vi
Oo x v N LP.
►'+ d v. v n
5 65.4 D'+!O' E- 41 S I b'
I
w U) ; �^
W24*11'CO'C SO00'
„� (z o Y
J O f F o I.P(FOUND) LP(FDUNO)
a0ato I �:
Ototu
1
O
aj Q W N 0
aYzuJs3U.LA
Wm
ad
<Qo 4.000 AC. PARCELM
VQ
\A._
MIDDLESEX ARTILLERYw
FLEET'S BATTERY INC. C.SoQ@.
531 - P. 266
QO2M•�•W
O
$
K
a �
d
o
Q
I.P.(FOUND)PT. BF.6. I.P(FOUND)
�
I~
565'48'4WE- 440.36'
N
Z
�N24'11'2O'E-50.00' N65'48'40'W-G15.14'
I.P. — I.P. (87.68'
a
OTHER LAUD
The above plat is a survey of a portion of the land conveyed to Carlin L. Smith
and Others, Hay 23, 1973 in Dead Book 410 - page :39. The said land adjoins the land
of Middlesex Artillery - Fleet's R.tt-!y, Inc. C.S.A. and lies North of Route 522 and
East of Route 832 in Stonewall District, Frederick County. Virginia.
Beginning at an Iron pin(found) corner to Middlesex Artillery and in the line of
the Other land of Smith and Others. Thence with Idddlesex Artillery S 650 48' 40" E -
440.36' to an iron pin(fotad); Thence N 240 11' 20" E - 395.68' to an iron pin(found)l
Thence N 6? 48' 40" M - 440.36' to an iron pin(found) in the line of Smith and Otherel
Thence therewith N 240 11' 20" K - 50.00' to an Iron pint Thence S 650 48' 40' E -
529.28' to an iron piA and continuing S 6? 48' 40" E - 615.16' In a111 Thence S 24e 11'
20' d - 495.68'1 Thence N 650 48' 40" Y - 87.88' to an Iran pin and continuing N 650 48'
' 40'•Y - 615.16' is all to an iron pins Thence
1 240 ill 20' _ - 50.00' to 0-A point of baginning. vptTH Oy,
Containing - 3,000 Acres
surveyed - December 18. 1981
V I}i0 _ IL =,1
nICEMS[) Ne
.wV.'• rvtu�xs:K n0uhri'. got. 1271
T ... N .W W-.M 6 « Zr4 • vus.oe S. n,. m m. L�_ A.r of,
y // �1Lti1 •Y�
wvxmod wer 0 3U1tV['1CV
to ,«mr
I■
ra
�_ ... _ _�_____._.,..._. _ _. r # r ... R-•—+cT�',Fi'�'-x�.�,•x'x7tt�+e••T.. - - a , � :: .
s",3913 '
LESTER A. ELL•1,'TT, _PT AL # i
1
1' TO- :: :: DEED OF GIFT * I
iKIIi,I,CSjiY. hRTTI.T.i'kY #
I
1
tu.,er • �y �
AtM.,�1t N YY
4�fYMt�L ♦MA. �,♦
li
I
1�
I
tclor 531 ?;l, 21GG
THIS DEED Db SIFT made and dated this r-, day of
i % U r , 14sr), by and between Lestor A.
Elliott, widower, and Carlin L. Smith and Georgia E. Smith,
his wife, parties of the first part, and Middlesex Artillery --
Fleet's Battery Inc. C. S. A., a corporation organized pur-
suant to the laws of the Commonwealth .of Virginia, party of the
._second part.
WHEREAS: Frances C. Elliott, wife of Lester A.
Elliott, is deceased.
• NOW, THEREFORE, WITNESSETHI That for and in con-
s.idoration of the Sum of Ten ($30.00) Dollars, and other good
and valuable consideration, receipt whereof is hereby acknow-
ledged, the parties of the first part do hereby grant and
convoy, with general warrarty and English covenants of title,
unto the party of the second i+r:, all that certain tract or
parcel of land, together with all rights, rights of way and
appurtenances thereto belonging and improvements thereon,
lying and being situate in Stonewall District, Frederick County,
Virginia, and described as containing 4.000 Acres by that
certain plat and survey of Thomas A. Shockey, L.S., dated
Oscembar 22, 1980, attached hereto and by this referoace made
a part of this deed. This is a portion of the same property
described in thAt certain Deed dated May 23, 1973, from Lester
A. Elliott, at ux, to Carlin L. Smith, at ux, of record in the
Clerk's Office of the Circuit Court of Frederick County, Vir-
ginia, in Deed Book 410, Page 539, to which dead and the
references therein contained, reference is here made for a more
particular description of the property herein con ayed.
This conveyance is made subject to the condition
*tiat the slid party of the second part, its suclissors or assign
.,
1
enr. Avso,uer..�
� Clt • Oaovd
.5 i Fun 267
shill hold and ^air.tain the said property as open space as
j
required by lie ordinances of Frer'erick County, Virginia.
This conveyance is further subject to the condition
that said party of the second part, its successors or assigns,
hold and.maintain said prcperty as a historic preservation
site and shall. not use it an a building lot.
The said parties of the first part do hereby grant
unto the said party of the second part, its successors or
assigns, a right of way 10 feet in width extending from State
Route 832 to the aforesaid property, the location of which
right of way is to be designated by the acid parties of the
first. part. The said parties of the first part shall have the
right to change the location of the said right of way !.f and
h
when a street pattern is developed over the land contiguous
`..:, tho aforesaid property.
The said party of the second part joins in the
execution of this deed for the sole and express purpose of
agreeing to its provisions ari to comply therewith.
This conveyance is also made, how►ver, subject to
all rights of way, easements and/or conditions of record, if
any, affecting the aforesaid realty.
WITNESS the following signatures and seals:
Lester A. Elliott
Cu d (SEAL)
ar in
+ - (SEAL)
org a E. Smith
M;DDLESEX ARTILLERY --
FLEET' ATTERY INC. C. S. A.
BY► � � ��
pea den
- 2 -
i
a
j
b
t
�
f:
r
L"04I47. Awihrk"w
Lwnwc A L't�:vN
��
,,�_ l
rr.:•rxrL
a Notary Public
in and for thi: ' and SLete aforesaid, do hereby certify
that Lester. A. Ellia_t, ±+iiCHer, and Carlin L. Smith and Georgie
I
E. Smith, his wife, Whoa names. ara signed to the .foregoing
instrument bearing Gate the LC--o_day r f
19`�-, have -2zrsonally appeared bafofe me in my an
State aforesaid and acknowledged same.
Given unaar my hand this. 0 day of
My Commissit-i: e>i,ir.es
.rotary Public
PTATE of VIR91NIA,
F
L `la5 oa' , .Id _ tU-rdltf
C I. f f1_� 11 P. . n� ��� , a Notary Public
in and for thc+'L,!e- and Stute aforesaid, do hereby certify
that James A. Biddle, Spresidfent, XKRXNAXMXEXXZUXKI 4YXENNXKXXX K
XKMXKK2KX of Middlesex Artillery --Fleet's Battary Inc. C. S. A.,
whose names as such are signed to the foregoing instrument
searing dnt-- the �� ,d.� cf ;1 u
h5vs
personally appeared before me in my and State afore-
said and acknowledged same.
Given 55nder my hand this `� day of �aSL, 19io
My commission expiras �(1„ y�4, 09 a
- 3 -
a
u
L,
j
_.... ... .. -. .. .•... �Q, Mi it
Q ' 1 •.�
N Cr
W
'j s �L2 ~' •.{ i SS' 4t 40' E - 44�1.1 O
f3� y-rn;.r ;t"a:)-•--- _�'.__...-'---'-... _ __�' `—.--gyp•
OTHER LAND
?1se above plat is a survey of a ;,crtlon o!' thy 1Ln.d conveyed to Carlin L. SmAh and.
Others, Pray 23, 1973 in Deed book 410 - ;,,Lwa 339. The said Land encompasses "Star Fort"
and is completely su=ra.endad by -the other :end of Smith and Others ar,4 lies ltoct! ci'
Route 522 and East of Route 832 in Stonewall Listrict. Frederick County, Virginia.
?+alnntnr at an ires pin, s41:� ;cInt l:aing S 310 12' 36" C - 461,62' from an iron
yin(fou;nd), the Vor!.heast corner or the 411)crrat Nursing None, Inc. Landl Thence S 650
4" 4O- E 4r0.j6' to an iron pia: Tl;c^eC V :'a^ 11' 20" ^n - 395.68, to an iron pins illence
N 65e 43' 40- 1 - 4110,36' to un lion pint 111%er.ce " 240 11' 20" u - one <n. UhIr .
of beginning.
Contalning - 4.000 Acraa
Svrveyel - 1!eetmber 22. 1980
HCPF.i ACCt-a to Lh19 Pa --COI to be 1,, arccoi.' with the fut'1re
development of the said !A -her
✓_ �l'.��!' 'r.t .✓,.s.'p%,..e r,.;',u•a:.0 ..:avtu WAVRO1 WAD -.X it
-7 _
10
>r, & Lauck. Drive
mt
TREET --�
L,
E. INSTALLED
.M: ENT.
r.
N 39'56'59.1W'— 57.92'
`. N 33'05'55.1" 103.9T
N �754'13.1"W — 51.72-
N 16'05'42.1'W — 202,46'
E� Booster
P0�pip Station -
SwO
j Y
,
•TE: LANDSCAPING SCREEN MbkG STREET TO
' of Woodlands
It
I, ins-=; F
RIM
at -
s.e: _acont
eta, ese d b
r
1 %
-
1 � y �F
r i 1
—Own
er�for-fofiu r
Note: Provide Protection to
f
Principal Viewshed Via Open
--- . Space Delineation
U
>= OR COLUER R�
:,. pAU ExTEP�SI�IN)
OPEN SPACE
DEDICATION TO
BATTLEFIELD PARK
8.9+/ ACRES
VACANT AREA
RESERVED BY
OWNER FOR
FUTURE USE
7.1 ± Acres
COMMERCIAL AREA
12.0 + Acres
-. Le end
Woodlands
Adjoining Owner Inforn
Parcel No.
Owner's Nam
01
Nellie Kline
02
DonalL. Smitl
03
James T- & M
04
James 'r & M
05
David M. Smitl
06
Charlotte Butl,
07
Charlotte Butb
08
Moble C. Deha
09
H. Clinton & 1
10
Nellie Kline
11
Nellie Kilne
12
Wolter E. & Q
13
Walter E- & G
14.
Walter E. & G)
15
Howard C., Mill
16
Walter E. & &
17
David 0. Helm
18
Charles R. & 1
19
Mildred Peer
20
John E. Hickiin
21
Robert C. & B
22
lesne R. Comp
23
Shawn R. Tripl,
24
Phil E. & Wonc
25
Dennis J. & SL
2E
Barbara H_ Ha
NOTES:
1) PLAN SCALE REDU
2) DISTURBED AREA 1
3) STAR FORT INCLUE
4) NOISE CONTROL RI
s
FILE COPY
I
July 5, 2006
Richard Hardison
All Freight Delivery Systems
PO Box 2834
Winchester, VA 22604
RE: Star Fort Development
Dear Mr. Hardison:
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX:540/665-6395
Thank you for meeting with representatives from the Department of Public Works,
Planning, and VDOT on site at your development on June 20, 2006. I believe this
meeting enabled all parties to better understand our various perspectives to achieve
completion of this residential project. As we discussed, I have compiled the outstanding
Developer responsibilities and issues identified by the represented departments in an
effort to expedite the completion of the project, which would ultimately enable the
release of you, the Developer, from responsibilities for this project.
Issues to be Addressed by the Developer:
Planning Department
• Continue maintenance of all roads until accepted into the state's secondary road
system. The Developer is responsible for working with VDOT to secure VDOT
approval and acceptance of the roads.
• Complete the necessary installation of a landscape screen, and replace dead trees
within required landscape screen. Per the approved Subdivision Design Plans for
Sections 6 and 7, a landscape screen is to be installed along the northern and
eastern property lines. This screen consists of 3 trees per 10 linear feet (164
Leyland Cypress and 82 Silver Maples). Many of the installed trees are dead and
must be replaced. We understand that you will work with Milam's Landscape to
have the trees planted and/or replaced this fall. As discussed at our site meeting,
staff is also available to work with you to relocate trees which conflict with the
storm water management ponds.
• Historic Battlefield Park (historic Star Fort) land dedication. The Master
Development Plan (approved in 1998) states that 8.9 acres of open space will be
dedicated to the Battlefield Park. Court records indicate that this 8.9 acres, as
indicated on the MDP, has not been dedicated to the Battlefield Park (owned by
Middlesex Artillery). I would note that Middlesex Artillery does hold title to 2
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
13
Page 2
Mr. Richard Hardison
Re: Star Fort Development
July 5, 2006
tracts totaling 7 acres, which were transferred to Middlesex Artillery in 1980 and
1981, well in advance of the notations included on the approved MDP. The
dedication of the 8.9 acres must occur in conformance with the approved MDP.
• Historic Battlefield Park (historic Star Fort) viewshed protection. The Master
Development Plan states that the developer will provide protection to the
principle viewshed of the Historic Battlefield Park via open space delineation.
The establishment of a protective viewshed easement has not occurred.
Therefore, this viewshed element of the MDP has not been satisfied.
• Public Access to Historic Star Fort. The Master Development Plan states that the
developer will provide public access to a parking area for historic Star Fort. This
access has not been dedicated.
Public Works Department
• Erosion and Sedimentation stabilization of Storm Water Management ponds and
conveyance ditches along roads and through yard areas continue to warrant
attention. The SWM facilities lack adequate vegetation, and conveyance ditches
throughout the project continue to be washed out following rain storms.
Virginia Department of Transportation (detailed list dated June 22, 2006 is attached)
In order to receive maintenance by the Virginia Department of Transportation, various
improvements will be required for the roads within this project. Please contact VDOT
for clarification.
• Section 5. The two roads ( Sentry Court and Caliber Court ) will require an
asphalt overlay as the existing road surface has been severely damaged by
construction equipment and utility installations.
• Section 6 and 7. Fortress Drive and Blackpowder Court have not been accepted
into the state's secondary roads maintenance system. Until the houses are
constructed on these roads, the developer will be responsible for the road's
maintenance. As we have experienced in Section 5, great effort should be
exercised during home construction so as to not damage the existing road surface.
During our site meeting on June 20, 2006, these roads had endured damaged from
heavy construction equipment.
Release from Developer's Responsibilitv
As you are aware, the Developer is held responsible for the completion of all
improvements identified on the project's Master Development Plan and the associated
Page 2
Mr. Richard Hardison
Re: Star Fort Development
July 5, 2006
Subdivision Design Plans. These unresolved elements are addressed above. The county
will maintain the monetary guarantee ("bond") until all improvements are satisfactorily
completed.
In order for the County to release the Developer from road improvement and
maintenance responsibilities for each Section of the development, it will be necessary to
confirm that an appropriate guarantee has been established with VDOT for the associated
road sections. Thereafter, when VDOT has accepted the road into the state's secondary
road system, and a 1-year maintenance bond has been established with VDOT, the
County will be able to release the Developer from the road responsibilities.
As for monetary guarantees, the County presently maintains two monetary guarantees for
this project: $25,000 for improvements in Star Fort; and $168,000 for E&S for Sections
4A, 5, 6 and 7. Neither bond will be released until the improvements associated with
each section are completed. Section 4A improvements will be deemed completed once
VDOT confirms that the road side ditches are stabilized. and FCSA confirms that the
improvements associated with the pump station are adequate. The bond for Sections 5, 6
and 7 will be held until the associated improvements as identified on the approved
subdivision design plan area completed.
Again, thank you for meeting with us to discuss the outstanding issues on this project.
We look forward to working with you to complete the project.
i cerely,
i <
is Lawrence
lanning Director
ERL/dlw
Attachment: June 22, 2006 e-mail from VDOT to Hardison
cc: Chuck DeHaven, Stonewall District, Board of Supervisors
Kris Tierney, Assistant County Administrator
Lloyd Ingram; Virginia Department of Transportation
Joe Wilder, Deputy Director of Public Works
Mark Cheran, Zoning Administrator
Carlin L. Smith
525 Seldon Drive
Winchester, VA 22601
MEMORANDUM
TO: Kris C. Tierney, AICP, Assistant County Administrator
FROM: Mark Cheran, Zoning Administrator
RE: Star Fort
DATE: June 9, 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, and allows for 144 SFD. The subdivision
currently has 13 5 recorded lots.
B. Notes assigned to the approved MDP require an assessment to be collected by the POA for
the operation and maintenance of Star Fort. This assessment is no less than $60 and no more
than $250. A review of deeds for the Star Fort Subdivision has the assessments written in
them for all approved section of the subdivision. The Star Fort POA account to date has
$3,302.89.
C. The Star Fort POA was established and incorporated on October 3, 1996. The Star Fort POA
went inactive as of March 31, 2004. The last known officers of the POA are named on a
correspondence to the Frederick County Planning Department dated November 19, 2002.
Staff is currently inquiring from the State Corporation Commission the names of the officers
of the Star Fort POA.
Kris Tierney
Re: Star Fort
June 9, 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 135 lots, the total in the POA
account would be $ 84,302 over a ten (10) year period. Note this number has been estimated by staff.
A legal option may be required if the Star Fort POA can be reconstituted and funds collected for
operation and maintenance of Star Fort.
3. In accordance with the approved MDP for Star Fort, any turn -over of funds to an outside entity for
the operation and maintenance of Star Fort must be approved by the Board of Supervisors. The
parcel where Star Fort is located is owned by Middlesex Artillery Fleet's Battery, Inc.
4. The buffer requirements assigned with the 20' conservation easement located within Section IV A
along Lots 67, 69-73 may have been disturbed.
5. Building Permits for Section VII have not issued due to engineering issues. Frederick County
holds $193,000 in bonds for Star Fort.
6. There is currently no access to Star Fort from Fortress Drive as required by the approved MDP.
Should you have any questions relating to this project, please call me.
Attachments
fuTi:Z VDITI Sf
.X
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 f r Star Fort.
}a A�3)z ��
D. Only $3,302. 89 is currently in the HOA account to date.
E. Star Fort POA is eRnon$4 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, Suite 202 • 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
Middlesex Va. Artillery -Fleet's Battery
1107 Cedar Creek Grade
Winchester, Va.22602
540-722-6323
To whom it may concern,
Fleet's Battery has been sending out notices of homeowners dues every year for
the past few years. The list are acquired from those owning property in the Star
Fort subdivision. Often properties change hands and mail comes back ,"person
unknown." The other problem with this is people buy property in December and
feel they don't owe dues for another year, so the billing becomes very complicated
and almost impossible to enforce.
This January we hope to get a new and up to date list from the county as was
discussed in our meeting with the county planners and the members of the historical
groups.
We are also waiting to hear from the County and or these groups, who showed
interest in us donating the property to them for them to complete the restoration of
the Oculus plan of July 2000. We will donate the property to any group that shows
it can complete this project per the Star Fort Management and Interpretation Plan
prepared by OCUL.US July 2000.
We would prefer that these funds collected from the property owners were
collected by the County and the funds held by the county, until their need for the
maintenance of the completed project.
The completion of this project will required approximately $200,000 to $300,000
in today's dollars and depending on professional fees.
This project should in no way hold up the development of the rest of the
subdivision, as the Fort's completion is not tied to this subdivision. In fact, no time
tables were set by the Board of Supervisors when this was approved.
look forward to answering any questions and getting back any feed back
om t Co ty. We are still waiting for a follow up from our last meeting.
Robert M. Rhodes
President
Middlesex Va. Artillery -Fleet's Battery
1107 Cedar Creek Grade
Winchester, Va.22602
540-722-6323
To whom it may concern,
Fleet's Battery has been sending out notices of homeowners dues every year for
the past few years. The list are acquired from those owning property in the Star
Fort subdivision. Often properties change hands and mail comes back ,"person
unknown." The other problem with this is people buy property in December and
feel they don't owe dues for another year, so the billing becomes very complicated
and almost impossible to enforce.
This January we hope to get a new and up to date fast from the county as was
discussed in our meeting with the county planners and the members of the historical
groups.
We are also waiting to hear from the County and or these groups, who showed
interest in us donating the property to them for them to complete the restoration of
the Oculus plan of July 2000. We will donate the property to any group that shows
it can complete this project per the Star Fort Management and Interpretation Plan
prepared by OCUI.US July 2000.
We would prefer that these funds collected from the property owners were
collected by the County and the funds held by the county, until their need for the
maintenance of the completed project.
The completion of this project will required approximately $200,000 to $300,000
in today's dollars and depending on professional fees.
This project should in no way hold up the development of the rest of the
subdivision, as the Fort's completion is not tied to this subdivision. In fact, no time
tables were set by the Board of Supervisors when this was approved.
look forward to answering any questions and getting back any feed back
om t Co ty. We are still waiting for a follow up from our last meeting.
Robert M. Rhodes
President
��rEnt Oer �
= National Center for Cultural Resource Stewardship and Partnership Programs
s National Park Service -
Washington, DC
AMERICAN BATTLEFIELD PROTECTION PROGRAM
1999 FUNDING APPLICATION
Please carefully read the guidelines before completing. Answer all sections in the space provided. Except for letters from State Historic Preservation
Offices, letters of support, and letters from partner organizations NO ADDITIONS, ADDENDA, OR ATTACHMENTS WILL BE CONSIDERED. Applicants
must submit one (1) original and three (3) copies by mail to the National Park Service, Heritage Preservation Services, American Battlefield Protection
Program, 1849 C. Street N.W., NC 330, Washington, DC, 20240, or by courier service for hand delivery to the National Park Service, Heritage
Preservation Services, American Battlefield Protection Program, 800 North Capitol St. N.W., Suite 330, Washington, DC, 20002.
Ail applications must be typewritten or completed on a computer in a font not smaller than 10 point.
1. Project Title:
Management and Interpretation Plan for Star Fort
2. Applicant: Provide the legal name of the organization that will
enter into a grant agreement with the NPS, if awarded. If legal name
and commonly used name are different, provide both.
Name: Frederick County Department of Planning and
Development
Address: 107 North Kent Street
Winchester, VA 22601
Phone (540 ) 665-5651 Fax( 540 ) 678-0682
3. Total Amount Requested:
$ 25,000
4. Battlefield(s) : STAR FORT
(A component of both Second
and Third Winchester
Battlefields)
5. Project Summary: Briefly summarize your project In the space provided. A detailed plan will, be prepared for the
management and Interpretation of Star
Fort. This process will both identify and evaluate the resources of the site as well as recommend measures to manage these
resources in the midst of imminent residential and commercial development. Specificall remaining earthworks and
structural remnants will be assessed and appropriate preservation techniques will be proposed. -rhe treatment of vegetation,
land cover, and natural resources will also be addressed as an integgral aspect of both short- and long-term site management.
Vewsheds well be evaluated to Include consideration of their perpefual maintenance. Furthermore, provisions forappropnate
signs, displays, and other Interpretive features will be included as elements of a self -guided tour system.
6. Signature:
Authorized representative of the application/principal partner.
name and title in the lines provided.
Signature -�
Name: Kris �._ Tierney, AICP L
Title: Planning Development Director
Phone ( 540) 665-5651
Signatures must be in ink. Please type or print in
Date: 1� � �9
National Park Service - American Battlefield Protection Program: 1999 Application Form
1
Frederick County Department of Management and Interpretation Plan
Applicant Planning and Development Project for Star Fort
Contact Person:
Indicate who will be responsible for overall supervision and management of the entire project. This person will
be the main._point of contact for the ABPP.
Name: Mr. Kris C. Tierney, AICP
Title: Planning and Development Director
Phone ( 540 ) 665-5651 Fax (540 ) 678-0682 E-mail
ktierney@co.frederick.va.us
8. Federal Employment Identification Number
12. Is the Applicant Definquent on any Federal Debt?
5 4- 6 0 0 1 2 9 0
Yes (Please attach explanation) No X
9. Type of Applicant.
13. Is the Applicant Subject to Review by State
Executive Order 12372 Process?
A. State I. State Institution of
(See page 6 of guidelines)
B. Countv Higher Learning
C. Municipal J. Private University
A. Yes, this application was made available to the
D. Township K. Indian Tribe
state executive order 12372 for review on
E. Interstate L. For -Profit Organization
F. Intermunicipal M. Non -Profit Organization
Date: 12-11-98
G. Special District N. Others
H. Independent School
District
S. No, program is not covered by E.O. 12372
Or
Program has not been selected by state for
(specify)
review
10. Jurisdictions Affected by the Project (cities,
14. Have you received funding from the ABPP in
counties, and states)
before? If so, how much.
Frederick County, Virginia
No Yes Z $35,000 ~
11. Congressional Districts
15. Are you submitting this application to any other
organization for matching funds?
A. Applicant's state and district number:
A. Yes
Virginia, Tenth
Name of organization:
B. Project's state and district number:
Virginia, Tenth
B. No %
National Park Service - American Battlefield Protection Program: 1999 Application Form
f
Applicant
Frederick County Department
of Planning and Development
Project
Management and Interpretation
Plan for Star Fort
Criterion A - Significance of Site
Please refer to questions listed under this criterion on page 3 of the application guidelines.
In accordance with Virginia Department of Historic Resources records (file #34-322), at its meeting on October 19,
1993, the State Review Board determined that Star Fort appeared to meet the critena for listing on both the Virginia
Landmarks Register and the National Register of Historic Places. Specifically, it was established that Star Fort
could be eligible at the national level for significance in the area of military history.
Star Fort was one of two forts built by General R. H. Milroy during the Union occupation of Winchester in 1862.
It was built over and around the gun emplacements erected by General T. J. "Stonewall" Jackson, which
Confederate forces called Fort Alabama. It is believed that no more than one or two batteries of artillery and 300-
400 men ever occupied the fort, however, it played an extremely important role in both the Second and Third
Battles of Winchester. These battles were crucial components of the Gettysburg Campaign of 1863 and the Valley
Campaign of 1864, respectively.
During the Second Battle of Winchester, General Milroy underestimated the strength of the Confederate forces led
by General Ewell and was subsequently forced to retreat to Star Fort, among others. When General Milroy
attempted to evacuate his troops from Star Fort under cover of darkness, his amry suffered casualties of
approximately 3,800 killed, wounded, or captured. Indeed, General Milroy himself barely escaped to Martinsburg,
West Virginia. During the Third Battle of Winchester, Star Fort, then a Confederate holding, endured attacks by
Union forces under the command of General Philip Sheridan long enough for roughly three quarters of General
Early's Confederate army to escape. The ultimate Union victory marked the permanent end of Confederate control
of the Shenandoah Valley and directly contributed to the re-election of President Abraham Lincoln.
Criterion B - Threat to the Site
Please refer to questions listed under this criterion on page 3 of the application guidelines.
Star Fort is located on a 7.0 acre parcel that is owned by a private non-profit preservation organization known
as Middlesex Artillery - Fleets Battery, Inc. Although the site itself has been acquired, it is surrounded by
approximately eighty-five acres that has been approved for both commercial and high density residential
development. Indeed, the prospect of such development is imminent. Final subdivision approval was
administratively granted on November 12, 1998 for 144 single-family detached residential lots located
immediately adjacent to the Star Fort site. Included with this approval is a commercial area consisting of
approximately twelve acres, which is located in close proximity to the site. Additionally, property within the
viewshed of Star Fort is zoned for heavy industrial use and could potentially be developed at any time. In
consideration of these facts, the threat to the integrity of this site is immediate and of great significance. In the
absence of a detailed plan delineating the management of the site itself and the treatment of its immediate
environs, the value of Star Fort as a means of interpretation of Winchester during the Civil War will be vastly
diminished. Thus, the planning effort proposed in this grant application would constitute an immediate and
critical step toward the protection of this significant battlefield site.
National Park Service - American Battlefield Protection Program: 1999 Application Form
3
Frederick County Department Management and Interpretation
Applicant of Planning and Development Project Plan for Star Fort
Criterion C - Preservation Opportunity
Please refer to questions listed under this criterion on page 4 of the application guidelines. Be sure to address how
this project addresses the threat you have identified.
Given the imminence of high density residential as well as commercial and industrial development in the
immediate vicinity of Star Fort, the need for a detailed planning process involving the management and
interpretation of the site is significant Under its private ownership, various strategies have been considered over
the past decade to preserve the site and improve Its accessibility for the experience of the general public.
However, in the absence of any correspondingg public policy to protect the integrity of the site in the midst of
encroaching development, the ultimate potentia(for Star Fort as a source of interpretation has not been realized.
Through the cooperation of adjacent property owners and developers, the opportunity to develop a viable plan
for the preservation of Star Fort has never been more appropriate. The recent approval of both the master
development plan and subdivision for the residential, development surrounding Star Fort provides a unique
context within which the proposed planning process may occur. As a condition of rezoning approval, the
homeowner's association for the residential development will assess an annual fee upon the owners of
developed lots, the proceeds from which will be utilized for the "operation and maintenance of Star Fort as a park
and educational site open to the public". It is therefore imperative that a plan be in place to facilitate the
expenditure of these funds in a manner that will ensure the protection of Star Fort as a viable source for public
experience and interpretation. Should such a plan fail to exist, perhaps the most realistic opportunity to preserve
the integrity of Star Fort may be permanently lost Insomuch as the development encroaching upon the site is
imminent and a perpetual source of funding will be available, the proposed management and interpretation plan
would capitalize upon these realities by directly identifying strategies to protect the integrity of Star Fort from
development while also engineering a corresponding process for site maintenance and interpretation using
proceeds from that development Indeed, this is a unique and important preservation opportunity. The proposed
planning process will also further the implementation of the Frederick County - Winchester Battlefield Network
Plan by ensuring the recommended protection and accessibility of Star Fort as a battlefield park site.
Furthermore, adoption of the proposed plan would coincide with the efforts of the Shenandoah Valley
Battlefields National Historic District Commission by preserving an integral component of a future Valley -wide
battlefield park system.
Criterion D - Objectives. Tasks, and Time Schedule
Please refer to questions listed under this criterion on page 4 of the application guidelines.
The goal of the proposed project is to develop a detailed management and interpretation plan for Star Fort that
would identify and manage the resources of the site and also include strategies for viewshed protection as well as
development of a self -guided interpretive system. Specifically, the proposed plan will evaluate and describe the
following:
1. Measures to stabilize and protect key features of Star Fort to include earthworks and any structural
remnants.
2. Appropriate provisions for public access to the site.
3. Appropriate provisions for Interpretive trails within the site.
4. Provisions for appropriate signs, interpretive displays, and other related features necessary to facilitate
a self -guided tour system.
5. Evaluation of viewsheds and provisions for viewshed protection.
6. Provisions for the treatment and management of vegetation and other natural resources.
7. Provisions for the management of the site utilizing the proceeds originating from the homeowner's
association of the surrounding residential development.
The successful completion of this project will demonstrate the potential for battlefield parks as a source for public
interpretation and reflection as well as tourism. Indeed, this project will result in the implementation of an essential
element of the Frederick County - Winchester Battlefield Network Plan. The following schedule will be employed
to attain the stated objective: by March 15, 1999.
1. Prepare Request for Proposal and distribute to consultants
2. Assemble Ad Hoc advisory committee consisting of the property owner(, lad* property owner(s)
and developers, and other community representatives, also by March 1 1999.
3. Hire consultant to develop management and interpretation plan by April �0, 1999.
4. Plan alternatives completed by consultant for Advisory Committee and public review and comment by
November 1, 1999.
5. Public input gathered and evaluated by consultant, staff, and Advisory Committee, November and
December 1999.
6. Review and adoption of plan by relevant governmental bodies, January 2000.
National Park Service - American Battlefield Protection Program: 1999 Application Form
4
Frederick County Department Management and Interpretation
Applicant of Planning and Development Project Plan for Star Fort
Criterion is - Support and Participation
Pease refer to questions listed under this criterion on page 4 of the application guidelines. Answer all question
that apply to your project.
Letters of support have been requested from a number of organizations within the community that have a vested
interest in local battlefield preservation. These groups include the Shenandoah Valley Battlefields National
Historic District Commission, Virginia Department of Historic Resources, Middlesex Artillery - Fleets Battery, Inc.,
Lord Fairfax Planning District Commission, Kemstown Battlefield Association, Cedar Creek Battlefield
Foundation, Winchester- Frederick County Economic Development Commission, and the Winchester Frederick
County Chamber of Commerce. Indeed, the Virginia Department of Historic Resources has fully endorsed this
project and has further offered to prepare and submit the requisite nomination materials for ultimate inclusion
of Star Fort on both the Virginia Landmarks Register and National Register of Historic Places. Furthermore, the
participation of the general public in the planning process will be actively solicited and ultimately incorporated
Into plan formulation. Such involvement will be captured through the scheduling of several formally advertised
public meetings during the planning process. Additionally, Planning Department staff will seek to educate the
community regarding the objectives and opportunities associated with the project through the local media.
Criterion F - Qualifications
Please refer to questions listed under this criterion on page 4 of the application guidelines.
The Frederick County Department of Planning and Development will be the agency ultimately responsible for
the proposed project. The Department is staffed by six professional planners to Include a zoning administrator
and two GIS specialists. Of the six planners, four have earned masters degrees. The Department has provided
staff support to the local Battlefield Task Force and facilitated the development of the Frederick County -
Winchester Battlefield Network Plan. The Department was formally recognized for their effort on this document
by the Virginia Chapter of the American Planning Association through a 1997 Honorable Mention Professional
Planning Project Award. The Department applied to the American Battlefield Protection Program in both 1995
and 1997 to request funding for a resource management plan for the Kemstown Battlefield and a preservation
plan for the Third Winchester - Opequon Battlefield, respectively. In both cases the applications were
successful. With regard to the Kemstown Battlefield application, a resource management plan was drafted
using a qualified consultant and the plan was formally accepted by the Frederick County Board of Supervisors
in October of 1996. The Third Winchester Battlefield planning effort is presently underway, which has yielded
a draft preservation plan that has been endorsed by its advisory committee and will be presented to the
community during a public meeting scheduled for January 1999. It is anticipated that the final draft of the Third
Winchester Plan will be reviewed and adopted as an element of the Frederick County Comprehensive Plan by
the Board of Supervisors in March of 1999. Through the management of these ABPP funded projects, the
Frederick County Planning Department has demonstrated its competency at ensuring the formulation of quality
plans that have furthered the preservation of critical battlefield sites within its Junsdiction. Indeed, these efforts
have been accepted and praised not only by the leadership and citizens of Frederick County, but also by the
larger community of professional planners and preservationists throughout the Commonwealth of Virginia.
National Park Service - American Battlefield Protection Program: 1999 Application Form
Frederick County Department Management and Interpretation
Applicant
of Planning and Development Project Plan for Star Fort
Criterion G — Budget Refer to evaluation questions under this criterion on page 4 of the application guidelines,
before filling out the budget information below.
A. Consultant Fees: Include payment for professional and technical consultants. (if applicable) '
Type
of Consultant
$ NPS Funds $ In -Kind Funds
$Total
1.
Historic Preservation Planner
$25,000
$25,000
2.
3.
4.
Sub -Total $ 25,000
S. Wages: Provide job titles for each position being funded, number of persons who will be employed in that
capacity, and amount of time each will participate in project. (If applicable)
Title of position No. of persons/Time in proiect $NPS Funds $ In -Kind Funds $ Total
1.
2.
3.
4.
Sub -Total $
C. Major Equipment, Supplies, and Materials: (if applicable)
Items Number of items $NPS funds' $ In -Kind Funds - $Total
1.
K
3.
4
Sub -Total $ — 0 —
National Park Service - American Battlefield Protection Program: 1999 Application Form
A
Frederick County Department
Applicant of Planning and Development Project
D..Travel: (If applicable)
From/To No. of persons/days traveling . $NPS Funds $ In -Kind Funds
1.
2.
3.
4.
E. Other:
Item
1.
2.
3.
4.
5.
Basis for cost
Management and Interpretation
Plan for Star Fort
$ Total
Sub -Total $— 0 —
$NPS Funds $ In -Kind Funds $ Total
Sub -Total $— 0 —
TOTAL COSTS $ 25, 000
Additional Explanation:
The Frederick County Planning and Development Department will oversee the entire project, and will be
responsible for handling all mailings and public input procedures.
National Park Service - American Battlefield Protection Program: 1999 Application Form
rA
James S. Gilmore, III
Governor
John Paul Woodley, Jr.
Secretary of Natural Resources
ems- F
COMMONWEALTH of VIRGINIA
Department of Historic Resources
2801 Kensington Avenue, Richmond, Virginia 23221
December 11, 1998
Christopher M. Mohn
Planner II
County of Frederick
Department of Planning and Development
107 North Kent Street
Winchester, Virginia 2260-5000
Re: National Park Service Application for Federal Assistance
1999 American Battlefield Protection Program
Management and Interpretation Plan for Star Fort
Frederick County, Virginia
DHR File No. 98-0682-F
Dear Mr. Mohn:
H. Alexander v!'ise, 3s:
Director
Tel: (804) 367-2323
Fax: (804)367-23P1
TDD: (804) 367-2386
Thank you for your letter of December 11, 1998 requesting our comments on the referenced
application. We strongly support your efforts in developing a management and interpretation
plan for Star Fort.
Based upon the information provided, we find that the proposed grant will have no effect on
historic properties. The requirements of Section 106 of the National Historic Preservation Act of
1966, as amended through 1992, have been met for this project.
If you have any questions concerning our comments, please do not hesitate to contact Ethel R.
Eaton of our project review staff at (804) 367-2323, ext. 112; fax (804) 367-2924; e-mail
e e a t o n @ dh r . state. v a -us. We look forward to working with you on future projects.
Sincerely,
Xf Rak. —Zia-Ir
David H: Dutton, Director
Division of Project Review
C. National Park Service/American Battlefield Protection Program
Petersburg Office
Portsmouth Office
Roanoke Office
Winchester Office
10 Courthouse Avenue
612 Court Street, 3rd Floor
1030 Penmar Avenue, SE
107 N. Kent Street, Suite 203
Petersburg, VA 23803
Portsmouth, VA 23704
Roanoke, VA 24013
Winchester, VA 22601
Tel: (804) 863-1620
Tel: (757) 396-6707
TeL (540) 857-7585
Tel: (540) 722-3427
Fax: (804) 863-1627
Fax: (757) 396-6712
Fax: (540) 357-7588
Fax: (540) 722-7535
r..
u
r
P.O. Box 897
New Nlar6t, VA 22844
MrmBEp,:
Dr. Daniel J. Beattie, Charlottesville, Va.
Larry D. Bradford, Woodstock, Va.
John L. Heatwole, Bridgewater, Va.
Donovan E. Hower, McDowell, Va.
Richard D. Kern, Winchester, Va.
Janet O. Kilhv, Woodstock, Va.
Richard B. Kleese, Strasburg, Va.
Scot W. Marsh, Winchester, Va.
Nicholas J. \erangis, Winchester, Va.
Eugene L Newman, Middletown, Va.
William G. O'Brien, Port Republic, Va.
Dr. David W. Powers, Winchester, Va.
Alexander L. Rives, Luray, Va.
Dan C. Sticklev, Jr., Harrisonouq, Va.
Kris C. Tierney. Winchester, Va.
Dr. Joseph W. A. Whitchorne, Front Royal, Va.
Carrington Williams, Esq., McLean Va.,
Chairman
H. Alexander Wise, Jr., Richmond, Va.
Patricia L. Zontine, Winchester, Va.
Uh :ran •oall Val ey Lattleflel ,
Nall ional Historic District Con-innission
8 December 1998
Kris C. Tierney, Director
Frederick County Planning Department
107 North Kent Street
Winchester, VA 22601-5000
RE: Management and Interpretation Plan for Star Fort
Dear Mr. Tierney:
On behalf of the Shenandoah Valley Battlefields National Historic
District Commission it is my pleasure to provide this letter of support for
Frederick County's application for funding to the American Battlefield
Protection Program. At this time there is a critical need to develop a
management and interpretation plan for Star Fort — one of the most well
preserved examples of the fortifications that once surrounded
Winchester. Threats to it are imminent. The County's leadership in
developing a strategy to preserve this resource will be essential if Star
Fort is to survive with any degree of integrity of context.
It is my understanding that the Fort has been determined eligible for both
the Virginia Landmarks Register and the National Register of Historic
Places due to its significance in the area of military history. Such
fortifications are extremely rare in the Valley. The survival of Star Fort
will be vitally important in telling the story of the Civil War in Frederick
County and Winchester as well as the 1863 and 1864 campaigns. The
Battlefield Commission, while in the initial stages of developing its
management plan, already has identified Star Fort as one of the "related
resources" to be tied in to the battlefield network Congress has charged it
to develop.
Frederick County has been a leader in the Shenandoah Valley in
planning for the preservation of its battlefields. The track record
established by your office is proof of the county's ability to produce a
pragmatic plan, win its public acceptance, and promote a greater
understanding of the cultural and economic value of preserving these
cultural resources. It is especially meaningful when a local government
body takes such a proactive role.
Best wishes with your application.
Sincerely yours,
Howard J. Kittelli J
Executive Director
it
:;awes S. Gilmore, III
Governor
John Paul Wcodley, Jr.
Secretary of zlatural Resources
CO b ONWEALTH of VIRGINIA
Department of Historic Resources
2301 Kensington Avenue, Richmond, Virginia 23221
December 8, 1998
Mr. Kris Tierney, Director
Frederick County Department of Planning and Development
Frederick County
107 N. Kent Street '
Winchester, Virginia 22601
RE: Support for Star Fort, Winchester, VA. DHR site #34-322
Dear Mr.
H. Alexander Wise, Jr.
Director
Tel: (804) 367-2323
Fax: (804) 367-2391
TDD: (804) 367-2386
We would very much like to add our support to your grant application,
for development of a management and interpretation plan for Star Fort,
from the National Park Service's American Battlefield Protection Program.
Our office has long recognized the significance of this site and the
Virginia State Review Board determined it eligible for listing in the
National Register of Historic Places on October 19, 1993.
We would also like to offer our assistance through the preparation and
submission of a National Register of Historic Places nomination for Star
Fort during the 1999 calendar year. We recognize that your efforts on
behalf of the county and region are directed to the stabilization,
interpretation and future management of this significant site. We would
be proud to be participants in assisting your efforts to preserve this
historic site for future generations.
Please do not hesitate to contact me, at 540/722-3428, if I can of further
assistance on this or other county historic preservation projects.
Sincerely
D6-t�'
David A. Edwards, Director
Winchester Regional Preservation Office
DAE:SBM
Petersburg Office
i0 Courthouse Avenue
eterburg, SA 23303
Tel: (304)363-1520
(?C<) 363-i627
Portsmouth Office
612 Court Street, 3rd Floor
Portsmouth, VA 23704
Tel: (804) 396-6707
Fax: (804) 396-6712
Roanoke Office
1030 Penmar Avenue, SE
Roanoke, VA 24013
Tel: (540) 857-7585
Fax: (540) 857-7538
Winchester Office
107 N. Kent Street, Suite 203
Winchester, VA 22601
Tel: (540) 722-3427
Fax: (540) 722-7535
OFFICERS
Nora Belle Comer
Chairman
Robert M. Sager
Vice Chairman
B.IC'Bren' Haynes, Jr.
Treasurer
Walter M. Duncan
Secretary
Thcmas J. Christoffel; AICP
Executive Director
COMMISSIONERS
July, 1998
CLARKE COUNTY
•David Ash
John W. Sours, Jr.
John R. Staelin
lorb ,fairfax Planning �ig;trirt Commi,5giun
"Serving local governments of the Northern Shenandoah Valley"
103 East Sixth Street - Front Royal, Virginia 22630-3499
Phone: (540) 636-8800 • Fax: (540) 6354147 • E-Mail: lfpdc(pshentei.net
December 7, 1998
Mr. Kris C. Tierney, Director
County of Frederick
Department of Planning and Development
107 North Kent Street
Winchester, Virginia 22601
Re: Management and Interpretation Plan for Star Fort
- American Battlefield Protection Program Request
Dear Kris:
It is clear from the application that there is significant opportunity for Frederick
County to be proactive in the case of the Star Fort site. As was documented in
the regional Battlefield Protection Action Plan, organizations can save a site, but
much more is required to make it accessible and provide interpretation. The
private -public partnership opportunity which is present is a great opportunity to
prove the viability of this model for Virginia and other ABPP projects.
FRJ�IC C Developing a management and interpretation for Star Fort is the next logical step
Longcrbcam
JohnR. Riley, Jr. for the County. Like the preservation plan work for Kernstown and Third
=Robert M. gtonSmith, Jr."sag
W. Harrington Smith, Winchester, is another measured strategy for Frederick County that is consistent
Kris C. Tierney with the Comprehensive Plan and Battlefield Network Plan.
PAGE COUNTY At the regional level, the District Comprehensive Plan was amended August 17,
*Nora Belle Comer
All=J. Cubbage 1994, to include, as an objective: "The preservation of Civil War heritage and
Ronald W. Good battlefield sites should be encouraged."
sl v eH �
Recommended strategies are:
Robert E. Kinsley, Jr., AICP
Clarence A. Lawson
Local comprehensive plans should identify resources and sites and integrate
'DemisM. Morris
preservation and tourism promotion goals in local ordinances and other
WARRF.,NCOUNTY
implementation activities.
B.K.'Brea' Haynes, Jr.
Richard W. Hoover
Seek assistance of the Federal and State governments for interpretation
FRONT ROYAL
resources for the Shenandoah Valley campaigns of 1862. 1864 and other
*Walter Duncan
Civil War activities.
Carson C. Lauder
James S. Wells
The Commission's Shenandoah Valley Civil War Heritage Tourism Battlefield
AY
*Lowell
Protection Action Plan and the Shenandoah Valley National Battlefields Historic
B. BLa
williamP.Menefee
District Plan both require the detail that the Management and Interpretation Plan
for Star Fort would develop.
NMDLETOWN
*Joy A. Walker
This proposal, being consistent with and supportive of local and regional plans,
STRASBURG
and Federal planning requirements, should be supported by the American
'Mayor Harry R. Applegate
James C. Massey
Battlefield Protection Program.
SIEPHE�1i S CITY
Sincerely
*Michael P. Grim
WINCHESIF.R
*Edwin C. Daley
John B. Schroth
L
Timothy A. Youmans
Thomas�Jhristoffel
*Executive Committee
Executive Director
cc: Howard Kittell, SVNBHDC
6/5 Corr.LN
PLEASE RECYCLE
�� � \\� � %.�.�iliG �%Ji��� i% ��c�%JY. s�.'�.;. L•J/%s,�i 5�.i5-..
December 7, 1998
County of Frederick
Department of Planning and Develoment
Attn: Kris C. Tierney, Director
107 N. Kent St.
Winchester, VA 22601
Dear Mr. Tierney;
While Star Fort is small in size, its importance for our Civil War preservation effort is
not diminished because of that factor. Small, yes, but it is also critical to understand
the Winchester area battlements versus the battlefields. The reality is that just in
drive -by observation this piece of land is equally, if not further threatened, by
immediacy of development.
As a matter of fact, Star Fort would present a great on -site example of the military
armament represented in the Old Town Civil War Museum which you know our
organization has been working with over the past several years. While this Museum
is currently in temporary quarters", our hope is for the permanent Museum to this
important story of the War by the year 2000. Its location will be the old Frederick
County Court House in downtown Winchester.
We applaud your organization's continued efforts to partner with the American
Battlefield Protection program to solidify the promise of our heritage for future
historians and generations to come. You have our full support.
Sincerely,
i
June M. Wilmot
Executive Director
1360 S. Pleasant Vallcy Rd.
December 11, 1998
Winchcstcr,VA 22601
Mr. Kris Tierney
CHAMBER,,jCOMMERCE
Director, Department of Planning and Development
(540)- 662-4113
fax (540)-722-6365
County of Frederick
www.winchesterva.org
107 N. Kent Street
Winchester, VA 22601-5000
CONVENTION AND
VISFORS BUREAU
Dear Kris:
(540)-662-4135
fax (340)-722-6365
tall free 1-300-662-1360
The Winchester -Frederick County Chamber of Commerce and Convention and Visitors
w vw.shentel.net/wfcedc/
Bureau (CVB) is writing this letter to indicate the organization's support of the grant
application being submitted by the Frederick County Department of Planning and
Development to the American Battlefield Protection Program for the Management and
Interpretation Plan for Star Fort.
Winchester -Frederick County's Civil War history is important to the community on a
cultural level and an economic level. Winchester -Frederick County changed hands over
seventy times during the Civil War. Winchester -Frederick County's experiences in the
Civil War changed and shaped the community. The community's heritage is not only of
interest to local residents. Heritage tourism, specifically, Civil War -related tourism,
makes up the largest segment of the 100,000+ travelers that visit Winchester -Frederick
County annually.
The acquisition and interpretation of Winchester -Frederick County's Civil War
Battlefields is a major component in further establishing Winchester -Frederick County as
a tourist destination. Although the Winchester -Frederick County community attracts
more Civil War -related tourism than any other type of tourism, no interpreted Civil War
battlefields exist in Winchester -Frederick County and none of the area battlefields are
accessible to residents and tourists on a consistent basis.
The grant application submitted by the Frederick County Department of Planning and
Development effectively details the historic significance of Star Fort, illustrates the threat
imminent commercial and high -density residential development poses to the site, and
also addresses the importance of interpretation to the viability of Star Fort as an
educational resource and tourist site.
The Winchester -Frederick County Chamber of Commerce and CVB supports the grant
application submitted by the Frederick County Department of Planning and Development
to the ABPP and encourages the National Park Service to award Frederick County the
funding requested to develop a Management and Interpretation Plan for Star Fort.
Sincerely,
Charles H. Weiss Julie B. Armel
Director, Winchester -Frederick County Director, Winchester -Frederick County
Chamber of Commerce Convention & Visitors Bureau
IrI I Kernstown Battlefield Association
P. O. Box 2720, Winchester, Virginia 22604
December 3, 1998
Dear Sir or Madam,
This letter is to supplement a grant request by the Frederick County
Planning Department for funding to produce an interpretive plan for Star
Fort. Your support of their request will continue the beneficial partnership
that has arisen between your organization, our grass -roots Civil War
preservation groups, and local government.
The past several years have seen an incredible amount of energy and
attention given to the development of an integrated network of accessible,
interpreted Civil War sites in Frederick County and Winchester, Virginia.
Our entire community understands the value of these precious historic
resources and is anxious to open these interesting places to the public. The
awarding of a grant to develop a realistic site plan will be another material
step in accomplishing this worthy national project.
Your involvement in our previous efforts is greatly appreciated and has
provided the necessary momentum to keep our community focused on our
goal of a Civil War driving tour and park system. We hope you will
continue your support by granting this current application.
Thank you for your consideration of this heartfelt endorsement.
Very truly yours,
W. La re.' e Duncan
President
WLD/cwh
Cedar Creek Battlefield Foundation
P.O. Box 229 Telephone (540) 869-2064
Middletown, VA 22645 Toll -free (888) OCT-1864 Fax (540) 869-1438
December 11, 1998
Mr. Christopher M. Mohn
Planner 1I
Frederic County Planning &- Development
107 North Kent Street
Winchester, VA 22601
Dear Christopher:
The Cedar Creek Battlefield Foundation strongly supports Frederick County's
plan to preserve Star Fort. Development has already encroached upon too
many of the Shenandoah Valley's historic sites - and to lose Star Fort would
indeed be a tragedy.
As the Shenandoah Valley Battlefield Commission struggles to formulate a
plan to tie the various battlefields together, we need to do all we can locally to
preserve and interpret our historic sites now. Star Fort will be an important
part of the proposed battlefield network As the need for development
continues in Frederick County, careful planning must be implemented to avoid
surrounding Star Fort by acres of concrete, factories and homes.
We wish you success in your endeavors.
Si �y, �
7 4 LL 6:1-L L�--ZC _�—S-mz Lewis \'
Director
Star Fort Developers
PO BOX 2534
-- Winchester, Va. 22604
December 10, 1998
Mr. Christopher M. Mohn
Department of Planning
County of Frederick
107 North Kent St.
Winchester, Va. 22601
Dear Mr. Mohn,
It is our understanding that Frederick County is applying for a grant from the
American Battlefield Protection Program in order to develop a management
and interpretation plan for Star Fort.
We have long been aware of the historical significance of Star Fort and the
importance of the Civil War to the Winchester - Frederick County area. Star
Fort may be the only fort in this area still intact and able to be fully restored.
Through your efforts the historic fort will be preserved for future generations.
As developers of the land adjacent to Star Fort, we support your efforts to
establish a formal plan for the fitture use of the fort.
Very truly yours,
Richard G. Hardison
Star Fort Joint Venture
Meet's Virginia Battery- Middlesex Artillery- CAL
1107 CEDAR CREEK GRADE
FREDERICK COUNTY PLANNING
Winchester, Va. 22601
Dear Sirs,
WINCHESTER, VIRGINA 22602
The owners of "STAR FORT" do hereby support any efforts on behalf of Frederick County to
develope any plans to aid in the preservation and reconstruction of the fort and it's surrounding
land.
The fort was a gift from the Lester Elliott family to Middlesex Artillery through the efforts of John
Perry. It is the first piece of historic property to be given and the protected by and supported by
the housing development which surrounds the property.
Therefore, the members of the Board of Fleet's Virginia Battery -Middlesex Artillery due support
the efforts to continue to preserve this small piece of our National heritage. We will pledge our backing
to Frederick County for their efforts in this matter.
Robert M. Rhodes. President
Fleet's Virginia Battery -
Middlesex Artillery
iJ
STATE CORPORATION COMMISSION
Octaben 3, 1996
STARFORT PROPERTY OWNERS ASSOCIATION, INC.
& Gc1c' ea Cri/?v CGai� Illlea /to- /'wn/vG/?r /4 0 GGP
all 7/,v &h; GP k //� 'W& Cr 7G4
U� • \oio\
� R
I
1903
Octobeh 3, 1996
NOTICE
1. Corporate name. The certificate shows the exact name of the corporation as stated in its articles
of incorporation. If the corporation operates under a name other than its exact name, it must
comply with the fictitious name statutes, Section 59.1-69 et seq. of the Code of Virginia.
2. Registered agent and registered office. The registered agent of the corporation, as recited in the
articles of incorporation, remains the registered agent until a new registered agent is appointed
and a Form SCC 635/834 is filed with the Clerk of the Commission. Papers mailed to the
registered agent at the registered office address are deemed legally to have been received by
the corporation. This is true even if the agent has moved, resigned or is dead. If the agent dies,
resigns or changes the registered office address the corporation must immediately file Form
635/834. If the agent is not a member of the Virginia State Bar, Form 635/834 must be filed
whenever the agent ceases to be an officer or director of the corporation. The law requires that
the corporation always have a registered agent and registered office in Virginia.
Annual reports and annual registration fees. An annual registration fee is assessed against the
corporation every January 1. The fee is based upon the corporation's authorized number of
shares as stated in its articles of incorporation or any amendment thereto, on record with the
Clerk of the Commission as of January 1. (Nonstock corporations pay $25.) Payment of the
fee, as assessed, is due by April 1 of each year under present law. Similarly, the corporation
must file an annual report by each April 1. NOTE, that this means the Commission must
receive the report and fee on or before April 1. Postmarks are not considered.
The annual report form and registration fee statement is mailed to the corporation's
registered agent at the registered office address approximately the first week of February each
year. If the corporation does not receive a mailing from the Commission by the first week of
March of any year, something is wrong and it should contact the Clerk's Office immediately.
Failure to pay the registration fee on time will result in a monetary penalty, and, ultimately, on
September 1, automatic termination of the corporation's existence. Failure to file an annual
report also ultimately will result in termination of the corporation's existence. Notices of
delinquency and impending termination of corporate existence are sent to the registered agent
in the summer of the year. If the corporation has not paid its annual registration fee or filed its
annual report, and has not received any mailings from the Commission by August of the year,
it should contact the Clerk's Office, because something is wrong, and it is headed for termination
on September 1.
Voluntary dissolution and termination. The corporation may voluntarily dissolve and terminate
its existence by filing articles of dissolution and articles of termination with the Clerk of the
Commission. Packaged forms and instructions may be obtained from the Clerk's Office. If
termination is completed before March 15 of any year, the annual registration fee assessed on
January 1 of the year will be cancelled. If termination is not completed before March 15, the
fee must be paid.
i`t^mil .
COMMONWEALTH Of VIRCjINIA
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN
COMMISSIONER RESDENT ENGINEER
June 14, 1993 TELEf(703) 984 4133
FAX (703) 984-9761
Mr. Lawton Saunders Ref: Star Fort Estates
P. O. Box 3034 North Braddock Street Extended
Winchester, VA 22604 City of Winchester/Frederick County
Dear Mr. Saunders:
This is to follow-up on our telephone conversation this morning concerning the referenced
development.
As discussed, it is your intentions to construct the streets within the project for ultimate
acceptance into the State's Secondary Road System. The streets may be considered eligible for
acceptance when they are built in accordance with the approved plans which are on file at this
office, rendering a public service of three (3) occupied dwellings per street and the Frederick
County Board of Supervisors requests the addition through resolution.
Should you have any questions or if I can be of further assistance, please let me know.
RBC/rf
xc: Mr. S. A. Melnikoff
Mr. R. W. Watkins
Sincerely,
William H. Bushman
Trans. Resident Engineer
6 � /6•�;
By: Robert B. Childress
Hwy. Permits & Subd. Spec. Senior
TRANSPORTATION FOR THE 21 ST CENTURI
NOTES APPLICABLE TO THE PRELIMINARY MASTER DEVELOPMENT PLAN
The development of the property subject to this Preliminary Master
Development Plan shall be in strict accordance with the following conditions.
- 1. Binding Nature of the Preliminary Master Development Plan.
This Preliminary Master Development Plan shall control the
development of the property subject hereto, in accordance with the ordinances
and regulations of Frederick County.
2. Mandatory Assessments for the Preservation of Star Fort.
(a) Prior to the approval of the first subdivision plan for the
Property, the Applicants shall create a Property Owner's Association applicable to
the entire Property as required by §144-32 of the Frederick County Subdivision
Ordinance, the principal purpose of which shall be the imposition of a
mandatory assessment upon owners of developed lots to assist in funding the
operation and maintenance of Star Fort located adjacent thereto as a park and
educational site open to the public. Such Property Owners' Association may
have such other purposes, functions and duties with regard to the Property as the
Applicants shall determine.
(b) The Applicants shall insure that the Property Owners'
Association created hereunder shall impose a mandatory annual assessment per
developed residential lot in a sum not less than $50 and not more than $250, per
lot, the proceeds of which shall be dedicated to the operation and maintenance of
Star Fort by any person, corporation, partnership, other private entity, or any
governmental agency, or their successors and assigns (hereinafter "the operating
entity"). The assessment shall initially be set at $50 per lot, may not be increased
for five years after the formation of the Association, and may thereafter be
increased not more than 10% per year.
(c) The Property Owners' Association Board of Directors shall be
authorized. to make direct grants of sums raised hereunder to the operating
entity, or to enter into contracts with the operating entity or any other business
or entity, for the purposes of operating and maintaining Star Fort, provided that
such contracts have been first submitted to and approved by the operating entity.
(d) No funds hereunder may be provided to the operating entity,
unless and until a budget for the operation and maintenance of Star Fort shall
have first been submitted to and approved by the Frederick County Board of
Supervisors. Funding shall be denied to any operating entity in the event that
NOTES APPLICABLE TO THE
13MIMINARY MASTER DEVELOPMENT PLAN
Page 2
the Board certifies that the operating entity cannot perform, or is not performing,
its obligations to operate and maintain Star Fort as provided herein.
(e) Unless waived by the Board of Supervisors, it shall be a
condition of the continued receipt by the operating entity of any funds provided
for hereunder, that it submit an annual report of its finances and financial
operations to the Board prepared by a duly -licensed Certified Public Accountant,
and prepared in accordance with standard accounting practices, to assure the
faithful and proper application of the funds provided.
(f) The Property Owners' Association shall be authorized to
convey any common open space or other property otherwise subject to its
ownership and control to the operating entity, for the purposes hereof.
(g) The operating entity may expend any funds provided
hereunder for any purpose reasonably related to the operation and maintenance
of Star Fort and the acquisition of additional property which may advance the
purposes hereof.
(h) The Property Owners' Association documents shall provide
that changes which would alter, amend, or otherwise affect provisions which are
required hereby shall require the written agreement of at least 75% of the owners
of the Property, and of their lenders, if any.
3. Public Access to Star Fort.
The Applicant shall provide a public access to Star Fort from the spine
road servicing the residential development, as generally shown on the
Preliminary Master Development Plan.
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Buildings
Star Fort
Is
Frederick County Dept of
Planning & Development
107 N Kent St
Winchester, VA 22601
I—. CO.FREDERICK. VA.0 S
April 27, 2006
MEMORANDUM
TO: Planning Dept.
FROM: Kevin T. Henry a
SUBJECT: Section 8 of Star Fort specifications
DATE: October 28, 2005
Before the approval of Section 8 in the Star Fort Subdivision, monies for the fort must be
appropriated per the master plan. No lots shall be created in Section 8 until the
requirements in the master plan have been met.
A right of way must also provide access to the fort via Section 8. This right of way must
be dedicated to the fort before any lots are created.
Any changes to be made to this subdivision should be reviewed first with the Planning
Director.
KUYKENDALL, JOHNSTON,
MCKEE & BUTLER, AL. C
112 SOUTH CAMERON STREET
P. O. DRAWER 2097
WINCHESTER, VIRGINIA 22604-1297
(540)662-3486
Facsimile (540) 722-3787
E-Mail: bmblmv@adelphia.net
PETER K. DIcKEE (1934-1967)
BENJAMIN M. BUTLER
STEPHEN G. BUTLER
October 18, 2005
Mark Cheran
Frederick County Planning Dept.
107 N. Kent Street, #202
Winchester, VA 22601
RE: STREET LIGHTS FOR STAR FORT SUBDIVISION
My File 10301
Dear Mark:
J. SLOAN KUYKENDALL (1906-1995)
J. SLOAN KUYKENDALL, III
EDWIN B. YOST
I am enclosing herewith petitions for Section 1, 2, 3, 4A, 413, 5, 6 and 7.
Out of the 136 lots in the subdivision, 99 lots declined to have street lights in the
subdivision and 8 lots agreed to have lights in the subdivision. Finally, there were 29 lots who
either refused to sign either way or were not available for signing.
In view of the same, it would appear that a majority of the owners (72%) in the Star Fort
Subdivision have elected not to have street lights in the subdivision, and it is respectfully
submitted that the site plan as submitted by the developers of Star Fort be allowed to submit the
revised site plan omitting the street lights.
Thank you for your assistance.
Very truly yours,
& BUTLER
n M. Butler
IC C
Enclosures
PETITION OF LOT OWNERS IN SECTION 1
IN STAR FORT SUBDIVISION
FREDERICK COUNTY, VIRGINIA
The undersigned listed owners in Star Fort Subdivision, Section 1, petition the Frederick
County Planning Office, the Frederick County Planning Commission and the Board of Supervisors
of Frederick County, that they desire street lights to be placed within their subdivision according to
the Final Site Plan of Star Fort Subdivision on file in the Office of the Planning Department of
Frederick County, Virginia, and further, the undersigned agree to be assessed a monthly fee for the
operation and maintenance of said lights and to authorize the Star Fort Property Owners Association
to enter into an agreement with Potomac Edison Power Company to provide the electricity and
lighting and In Default of the Payment of the Monthly Assessment, Hereby Consent to a Lien
to be Placed Against the Property Owned by the Undersigned Pursuant to Sections 8 and 9 of
the Deeds of Dedication of Star Fort Subdivision. Further, the undersigned agree to execute
further documents as shall be necessary to carry out the intent and purpose of this agreement.
Lot No. I Owner's Printed Name I Owner's Signature
Page 1 of 2
YJ .
The undersigned, being the owners of lots in the Star Fort Subdivision, Section 1, do not
desire street lights in the subdivision as shown on the Final Site Plat on record in the Frederick
County Planning Office, and do not consent to be charged for the operation and maintenance of said
lights as recited herein. D �2 / z
Lot No.
Owner's Printed Name
Owner's Signature
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10301-VII Star Fort \ AAStreet Light Petition - 1.wpd
Page 2 of 2
SS 11
PETITION OF LOT OWNERS IN SECTION 2
IN STAR FORT SUBDIVISION
FREDERICK COUNTY, VIRGINIA
The undersigned listed owners in Star Fort Subdivision, ection 2 petition the Frederick
County Planning Office, the Frederick County Planning Commission an the Board of Supervisors
of Frederick County, that they desire street lights to be placed within their subdivision according to
the Final Site Plan of Star Fort Subdivision on file in the Office of the Planning Department of
Frederick County, Virginia, and further, the undersigned agree to be assessed a monthly fee for the
operation and maintenance of said lights and to authorize the Star Fort Property Owners Association
to enter into an agreement with Potomac Edison Power Company to provide the electricity and
lighting and In Default of the Payment of the Monthly Assessment, Hereby Consent to a Lien
to be Placed Against the Property Owned by the Undersigned Pursuant to Sections 8 and 9 of
the Deeds of Dedication of Star Fort Subdivision. Further, the undersigned agree to execute
further documents as shall be necessary to carry out the intent and purpose of this agreement.
Lot No. I Owner's Printed Name I Owner's Signature
Page 1 of 2
/0
The undersigned, being the owners of lots in the Star Fort Subdivision, Section 2, do not
desire street lights in the subdivision as shown on the Final Site Plat on record in the Frederick
County Planning Office, and do not consent to be charged for the operation and maintenance of said
lights as recited herein. L,
Owner's
1Signature
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10301-VII Star Fort \ AAStreet Light Petition - 2—pd
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Page 2 of 2
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PETITION OF LOT OWNERS IN SECTION 3
IN STAR FORT SUBDIVISION
FREDERICK COUNTY, VIRGINIA
The undersigned listed owners in Star Fort Subdivision, Section 3, petition the Frederick
County Planning Office, the Frederick County Planning Commission and the Board of Supervisors
of Frederick County, that they desire street lights to be placed within their subdivision according to
the Final Site Plan of Star Fort Subdivision on file in the Office of the Planning Department of
Frederick County, Virginia, and further, the undersigned agree to be assessed a monthly fee for the
operation and maintenance of said lights and to authorize the Star Fort Property Owners Association
to enter into an agreement with Potomac Edison Power Company to provide the electricity and
lighting and In Default of the Payment of the Monthly Assessment, Hereby Consent to a Lien
to be Placed Against the Property Owned by the Undersigned Pursuant to Sections 8 and 9 of
the Deeds of Dedication of Star Fort Subdivision. Further, the undersigned agree to execute
further documents as shall be necessary to carry out the intent and purpose of this agreement.
Lot No. Owner's Printed Name Owner's Si pature
"s
Page 1 of 2
O,
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The undersigned, being the owners of lots in the Star Fort Subdivision, Section 3, do not
desire street lights in the subdivision as shown on the Final Site Plat on record in the Frederick
County Planning Office, and do not consent to be charged for the operation and maintenance of said
lights as recited herein. i —�
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OwIerls Signature
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Io30I-VII Sta t,eet Light Petition - 3.wpd
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34
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PETITION OF LOT OWNERS IN SECTION 4A
IN STAR FORT SUBDIVISION
FREDERICK COUNTY, VIRGINIA
The undersigned listed owners in Star Fort Subdivision, Section 4A, petition the Frederick
County Planning Office, the Frederick County Planning Commission and the Board of Supervisors
of Frederick County, that they desire street lights to be placed within their subdivision according to
the Final Site Plan of Star Fort Subdivision on file in the Office of the Planning Department of
Frederick County, Virginia, and further, the undersigned agree to be assessed a monthly fee for the
operation and maintenance of said lights and to authorize the Star Fort Property Owners Association
to enter into an agreement with Potomac Edison Power Company to provide the electricity and
lighting and In Default of the Payment of the Monthly Assessment, Hereby Consent to a Lien
to be Placed Against the Property Owned by the Undersigned Pursuant to Sections 8 and 9 of
the Deeds of Dedication of Star Fort Subdivision. Further, the undersigned agree to execute
further documents as shall be necessary to carry out the intent and purpose of this agreement.
Lot No.
Owner's Printed Name
Owner's Signature
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Page 1 of 2
The undersigned, being the owners of lots in the Star Fort Subdivision, Section 4A, do not
desire street lights in the subdivision as shown on the Final Site Plat on record in the Frederick
County Planning Office, and do not consent to be charged for the operation and maintenance of said
lights as recited herein.
Lot No.
Owner's Printed Name
Ow is S' ature
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10301-VII Star Fort \ AAStreet Light Petition - 4A.wpd
Page 2 of 2
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PETITION OF LOT OWNERS IN SECTION 4B
IN STAR FORT SUBDIVISION
FREDERICK COUNTY, VIRGINIA
The undersigned listed owners in Star Fort Subdivision, Section 4B, petition the Frederick
County Planning Office, the Frederick County Planning Commission and the Board of Supervisors
of Frederick County, that they desire street lights to be placed within their subdivision according to
the Final Site Plan of Star Fort Subdivision on file in the Office of the Planning Department of
Frederick County, Virginia, and further, the undersigned agree to be assessed a monthly fee for the
operation and maintenance of said lights and to authorize the Star Fort Property Owners Association
to enter into an agreement with Potomac Edison Power Company to provide the electricity and
lighting and In Default of the Payment of the Monthly Assessment, Hereby Consent to a Lien
to be Placed Against the Property Owned by the Undersigned Pursuant to Sections S and 9 of
the Deeds of Dedication of Star Fort Subdivision. Further, the undersigned agree to execute
further documents as shall be necessary to carry out the intent and purpose of this agreement.
Lot No. I Owner's Printed Name I Owner's Signature
Page 1 of 2
The undersigned, being the owners of lots in the Star Fort Subdivision, Section 413, do not
desire street lights in the subdivision as shown on the Final Site Plat on record in the Frederick
County Planning Office, and do not consent to be charged for the operation and maintenance of said
lights as recited herein. /1-- ,
9
_ Lot No.
Owner's Printed Name
Owner's Signature
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10301-VII Star Fort \ AAStreet Light Petition - 4B.wpd
Page 2 of 2
From: 540-869-5642 To: 15405454973 Page: 4/4 Date: 10/14/2005 9:07:07 AM
The undersigned, being the owners of lots in the Star Fort Subdivision, Section 5, do not
QeSlre SReei 11gn1S In UIe SUDUIVISIUn US SIIVWII UII UJU rLIMI aAr. r02L vit IVVUIU ILI dIL; rIWV.L1%.K
County Planning Office, and do not consent to be charged for the operation and maintenance of said
lights as recited herein.
Lot No.
Owner's Printed Name
Owner's Signature
is
6 Z26
10301-VII Star Fort\ AAStreet Light Petition • S.wpd
Page 2 of 2
PETITION OF LOT OWNERS IN SECTION 6
IN STAR FORT SUBDIVISION
FREDERICK COUNTY, VIRGINIA
The undersigned listed owners in Star Fort Subdivision, Section 6, petition the Frederick
County Planning Office, the Frederick County Planning Commission and the Board of Supervisors
of Frederick County, that they desire street lights to be placed within their subdivision according to
the Final Site Plan of Star Fort Subdivision on file in the Office of the Planning Department of
Frederick County, Virginia, and further, the undersigned agree to be assessed a monthly fee for the
operation and maintenance of said lights and to authorize the Star Fort Property Owners Association
to enter into an agreement with Potomac Edison Power Company to provide the electricity and
lighting and In Default of the Payment of the Monthly Assessment, Hereby Consent to a Lien
to be Placed Against the Property Owned by the Undersigned Pursuant to Sections 8 and 9 of
the Deeds of Dedication of Star Fort Subdivision. Further, the undersigned agree to execute
further documents as shall be necessary to carry out the intent and purpose of this agreement.
Lot No. Owner's Printed Name Owner's Signature
136 i i l � �n ���(P VQ
Page 1 of 2
The undersigned, being the owners of lots in the Star Fort Subdivision, Section 6, do not
desire street lights in the subdivision as shown on the Final Site Plat on record in the Frederick
County Planning Office, and do not consent to be charged for the operation and maintenance of said
lights as recited herein. ` r
Lot No.
Owner's Printed Name
Owner's Signature
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10301-VII Star Fort \ AAStreet Light Petition - 6.wpd
Page 2 of 2
PETITION OF LOT OWNERS IN SECTION 7
IN STAR FORT SUBDIVISION y
FREDERICK COUNTY, VIRGINIA
The undersigned listed owners in Star Fort Subdivision, Section 7, petition the Frederick
County Planning Office, the Frederick County Planning Commission and the Board of Supervisors
of Frederick County, that they desire street lights to be placed within their subdivision according to
the Final Site Plan of Star Fort Subdivision on file in the Office of the Planning Department of
Frederick County, Virginia, and further, the undersigned agree to be assessed a monthly fee for the
operation and maintenance of said lights and to authorize the Star Fort Property Owners Association
to enter into an agreement with Potomac Edison Power Company to provide the electricity and
lighting and In Default of the Payment of the Monthly Assessment, Hereby Consent to a Lien
to be Placed Against the Property Owned by the Undersigned Pursuant to Sections 8 and 9 of
the Deeds of Dedication of Star Fort Subdivision. Further, the undersigned agree to execute
further documents as shall be necessary to carry out the intent and purpose of this agreement.
Lot No. I Owner's Printed Name
Owner's Signature
Page 1 of 2
The undersigned, being the owners of lots in the Star Fort Subdivision, Section 7, do not
desire street lights in the subdivision as shown on the Final Site Plat on record in the Frederick
County Planning Office, and do not consent to be charged for the operation and maintenance of said
lights as recited herein.
Lot No.
Owner's Printed Name
Owner's Signature
c-v'j I S
10301-VII Star Fort \ AAStreet Light Petition - 7.wpd
Page 2 of 2
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
October 3.2005
Richard Hardison
P.O. Box 2834
Winchester, VA 22604
RE: Star Fort Subdivision; Zoning District: RP (Residential Performance)
Property Identification Number (PIN): 54-A-1 (includes all sections)
Dear Mr. Hardison:
In reviewing documents associated with the above referenced project, it has been
determined that a violation of the Star Fort project has occurred. More specifically, the
provisions set forth on the master development plan have not been fully achieved.
The following outstanding issues below must be corrected to adhere to the conditions of
the master development plan and subdivision plan:
• The approved master development plan proposed trees to be planted in the rear of
lots located in Section 4A along the Star Fort preservation parcel.
• The approved master development plan provides 15 street lights. No street lights
have yet to be erected in the subdivision.
• As per the master development plan, a minimum of $60 and maximum of $250
per lot must be provided towards the operation and maintenance of Star Fort. In
accordance with #2(E) on the master plan, the "operating entity" shall "submit an
annual report of its finances and financial operations to the Board [of
Supervisors], prepared by a duly -licensed Certified Public Accountant... to assure
faithful and proper application of the funds provided".
• Public access to Star Fort has yet to take place. In conformity with #3 on the
master plan, "the applicant shall provide a public access to Star Fort from the
spine road servicing the residential development, as generally shown on the
Master Development Plan."
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 .
Richard Hardison
RE: Star Fort Subdivision
October 3, 2005
Page 2
The above referenced issues must be corrected to bring this approved subdivision and
master development plan into compliance with the Frederick County Zoning Ordinance.
As a zoning violation does exist on the property, the County will withhold zoning and
subdivision approvals for this development until the violations are remedied.
Please contact this office should you have questions regarding this violation notice or a
potential resolution.
Sincerely,
i ark R. Cheran
Zoning and Subdivision Administrator
MRC/KTH/bad
09/30/2005 07:47 7035758306 TC WILLIAMS PAGE 01/01
mARATHON
BQ�� 'Fiolnp P,n rfl.mncn for your°
P.O. t'.OX 998. Slnphens City. Virginln 22655
��I�I��I�I,Il�rll�����ll���rlll�lr��rrlll�l���ll�rr�ll�lr�lr
*********AUTO**SCH S-DIGIT 22602
2779 0.3870 AV 0.278 12 1 7
STAR FORT PROPERTY OWNERS ASSOC
MARK X BURINE
ROBERT RHODES
163 ADAMS ROAD
WINCHESTER VA 22603-1919
Post -its' Fax Note 7671
bate � n � pa9P4►
To V\ N U �f!�r
GoJDept.
From MGr t t
Co.
Phonn it
Phone #
Fax #
Fax #
Date 6/30/05 Page 1
Account Number 420746224
******
ALERT FOR YOUR PROTECTION - VISA CHECK CARD FOREIGN COUNTRY
TRANSACTIONS
HAVE BEEN SUSPENDED. IF YOU ARE TRAVELING ABROAD OR
CONDUCTING
FOREIGN
TRANSACTIONS CONTACT A CSR TO ALLOW THESE TRANSACTIONS TO
BE PROCESSED
------------------------------
SAVINGS
ACCOUNTS -------------------------------
BUSINESS
SAVINGS
420746224
Item Truncation
Statement Dates 4/01/05
thru 6/30/05
Account
Your Previous
Number
Balance 2,998.94
Days in the statement period
4
Deposits/Credits 300.00
Average Ledger
3,191
65
Checks/Debits .00
Average Collected
3,1.65
Service
Charge .00
3.95
Interest Earned
Annual Percentage Yield
3.95
Earned 0.50�v
Interest Paid
Your New Balance 3,302.89
20'0S.Interest Paid
7.44
.--- Deposits and Additions ---
Date
Description
Amount
4/04
SAVINGS DEPOSIT
60.00
4/30
INTEREST PAID 30 DAYS
1.26
5/03
SAVINGS DEPOSIT
60.00
5/05
SAVINGS DEPOSIT
60.00
5/31
INTEREST PAID 31 DAYS
1.34
6/07
SAVINGS DEPOSIT
- 120.00
6 j'3 0
INTERES'.0 PAID 30 DAIS
1.35
- Daily Balance Information -
Date
Balance Date
Balance Date
Balance
4/01
2,998.94 5/03
3,120.20 6/07
3,301.54
4/04
3,058.94 5/05
3,160.20 6/30
3,302.89
4/30
3,060.20 5/31
3,181.54
--- Interest Rate Summary ---
Date
Interest Rate
3/31
.50%-
oncunco rntr rninTif:F• SFF REVERSE SIDE FOR IMPORTANT INFORMATION
Sep-29-2005 10:15am From -TOM DICKINSON
540 722 0327
T-482 P-001/001 F-715
LAW OFFICE
THOMAS M. DICKINSON, JR.
A PROFESSIONAL CORPORATION
102-2 SOUTH KENT STREET
WINCHESTER. VIRGINIA 2-2601
(540) 667-1095
FAX (540) 722-0327
September 28, 2005
VIA FACSIMILE ##722-3787
Benjamin M. Butler, Esq.
p_O. Box 2097
Winchester, VA 22604
RE: Star Fort POA
Dear Ben:
Pursuant to your request, on all closings we conduct for property located in Star
Fort Subdivision, a POA fee of $60.00 is collected. This amount is then mailed to Mark
Burke, 163 Adams Rd., Winchester, VA 22601,
Sincerely,
Thomas M. Dickinson, Jr.
TMDJr/cad
SEP 2 9 2005
Sep 08 05 04:32p PHRR WINCHESTER 540-665-0493 p.l
gilbert w. Clifford & associates
a division of
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Plonners. Landscape Architects.
PH �� 117 East Piccadilly S2260 Suite 200
wnche667.21irginia 22601
T 5d0.667.2139
F 540.665.0493
To:
Organization/Company:
Fax Number:
From:
Date:
Project Name/Subject:
Internal Project File Number:
Comments:
Fax Transmittal
Ed Strawsnyder Cc: Mark Cheran, Richard Hardison
FCPW
Ron Mislows
9/8/05
Star Fort, Section Seven, Lots 111 and 113
Total Pages including cover: 1
A hard copy of this fax ❑ will ❑ will not be mailed to you.
Ed,
In order to get the plats for Section Seven approved, we propose adding this language to the Grading Plan, Sheet 4
Please let me know if this will satisfy your concerns regarding development of Lots 111 and 113.
Storm Conveyance Channel (SCC) 14 runs along the rear property line of both Lot 111 and
Lot 113. The construction of SCC-14 will require that Lots 111 and 113 be filled. Until the
construction of SCC-14 commences, the existing drainage swale through Lots 111 and 113
must be maintained open. While filling to construct SCC-14, a free drainage path must be
maintained from the common end of SCC-12 and SCC-13 to the Fortress Drive roadside
ditch and Culvert C2.
A building permits cannot beissues for either Lot 111 or Lot 113 until either SCC-14 is
installed or an alternate drainage system, which has been previously approved by the
Frederick County Public Works Department, is in place. The developer may propose an
alternate channel alignment on the house grading plan required for Lots 111 and 113 for
review and approval by the County Public Works Department.
NOTE: This message is intended for the use of the addressee and may contain information that is privileged and confidential. if you
are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If
you receive this facsimile in error, please notify us immediately at the number above. Thank you.
STATE CORPORATION COMMISSION
Octabeh 3, 1996
-/Z- 4� /to-
STARFORT PROPERTY OWNERS ASSOCIATION, INC.
ww'14114 jawa7walm& k�
Tev - - &�� rl4wd
Octaben 3, 1996
'rkk F012w4l�)�I?l
0
1903
i s i
NOTICE
1. Corporate name. The certificate shows the exact name of the corporation as stated in its articles
of incorporation. If the corporation operates under a name other than its exact name, it must
comply with the fictitious name statutes, Section 59.1-69 et seq. of the Code of Virginia.
2. Registered agent and registered office. The registered agent of the corporation, as recited in the
articles of incorporation, remains the registered agent until a new registered agent is appointed
and a Form SCC 635/834 is filed with the Clerk of the Commission. Papers mailed to the
registered agent at the registered off ce address are deemed legally to have been received by
the corporation. This is true even if the agent has moved, resigned or is dead. If the agent dies,
resigns or changes the registered office address the corporation must immediately file Form
635/834. If the agent is not a member of the Virginia State Bar, Form 635/834 must be filed
whenever the agent ceases to be an officer or director of the corporation. The law requires that
the corporation always have a registered agent and registered office in Virginia.
3. Annual reports and annual registration fees. An annual registration fee is assessed against the
corporation every January 1. The fee is based upon the corporation's authorized number of
shares as stated in its articles of incorporation or any amendment thereto, on record with the
Clerk of the Commission as of January 1. (Nonstock corporations pay $25.) Payment of the
fee, as assessed, is due by April 1 of each year under present law. Similarly, the corporation
must file an annual report by each April 1. NOTE, that this means the Commission must
receive the report and fee on or before April 1. Postmarks are not considered.
The annual report form and registration fee statement is mailed to the corporation's
registered agent at the registered office address approximately the first week of February each
year. If the corporation does not receive a mailing from the Commission by the first week of
March of any year, something is wrong and it should contact the Clerk's Office immediately.
Failure to pay the registration fee on time will result in a monetary penalty, and, ultimately, on
September 1, automatic termination of the corporation's existence. Failure to file an annual
report also ultimately will result in termination of the corporation's existence. Notices of
delinquency and impending termination of corporate existence are sent to the registered agent
in the summer of the year. If the corporation has not paid its annual registration fee or filed its
annual report, and has not received any mailings from the Commission by August of the year,
it should contact the Clerk's Office, because something is wrong, and it is headed for termination
on September 1.
4. Voluntary dissolution and termination. The corporation may voluntarily dissolve and terminate
its existence by filing articles of dissolution and articles of termination with the Clerk of the
Commission. Packaged forms and instructions may be obtained from the Clerk's Office. If
termination is completed before March 15 of any year, the annual registration fee assessed on
January 1 of the year will be cancelled. If termination is not completed before March 15, the
fee must be paid.
09/30/2005 07:47 7035758306 TC WILLIAMS PAGE 01/01
jj THS
MAPATHON
BANK'Oof.p p,n el.mnen for poi."
P.O. PDX 998. Sicphen, City. Virginia 22655
*********AUTO**SCIi 5-DIGIT 22602
2779 0.3870 AV 0.278 3.2 1 7
STAR FORT PROPERTY OWNERS ASSOC
MARK X BURKE
ROBERT RHODES
163 ADAMS ROAD
WINCHESTER VA 22603-1919
Post -it® Fax Note7671
oaia U (ZJ'
pagL g>
To PCr for 1 or
CoJI)epl.
From
Co.
Phony U
Phone #
Fax #
Fax #
Date 6/30/05 Page 1
Account Number 420746224
****** ALERT ***** FOR YOUR PROTECTION - VISA CHECK CARD FOREIGN COUNTRY
TRANSACTIONS HAVE BEEN SUSPENDED. IF XOU ARE TRAVELING ABROAD OR CONDUCTING
FOREIGN TRANSACTIONS CONTACT A CSR TO ALLOW THESE TRANSACTIONS TO BE PROCESSED
--------------------- SAVINGS ACCOUN',CS-------------------------------
BUSINESS SAVINGS
Account Number
420746224
Your Previous Balance_
2,998.94
4 Deposits/Credits
300.00
Checks/Debits
.00
Sexvice Charge
.00
Interest Paid
3.95
Your New Balance
3,302.89
--- Deposits and Additions ---
Date
Description
4/04
SAVINGS DEPOSIT
4/30
INTEREST PAID 30 DAYS
5/03
SAVINGS DEPOSIT
5/05
SAVINGS DEPOSIT
5/31
INTEREST PAID 31 DAYS
6/07
SAVINGS DEPOSIT
6 /.3 0
INTEREST PAID 30 DAYS
Daily Balance Information
Date
Balance
Date
4/01
2,998.94
5/03
4/04
3,058.94
5/05
4/30
3,060.20
5/31
Item Truncation
Statement Dates 4/01/05 thru 6/30/05
Days in the statement period 91
Average Ledger 3,165
Average Collected 31165
Interest Earned 3.95
Annual, Percentage Yield Earned 0.50%
20,05 .Interest Paid 7.44
Amount
60.00
1.26
60.00
60.00
1.34
120.00
1.35
Balance Date Balance
3,120.20 6/07 3,301.54
3,180.20 6/30 3,302.89
3,181.54
--- Interest Rate Summary ---
Date Interest Rate
3/31 .SDI
.—re ,n -11 cFF RFVFRSF RII)F FnR IMPORTANT INFORMATION
Sep-N-ZOOS 10:15am From -TOM DICKINSON
540 722 0327
LAW OFFICE
THOMAS M. DICKINSON. JR.
A PROFESSIONAL CORPORATION
102-2 SOUTH KENT STREET
WINCHESTER. VIRGINIA 2.2601
(540) 667-1095
FAx (S40) 722-0327
September 28, 2005
VIA FACSIMILE ##722-3787
Benjamin N4. Butler, Esq.
P.O. Box 2097
Winchester, VA 22604
RE; Star Fort POA
Dear Ben:
T-482 P.001/001 F-715
G `�
Pursuant to your request, on all closings we conduct for property located in Star
Fort Subdivision, a POA fee of $60.00 is collected. This amount is then mailed to Mark
Burke, 163 Adams Rd., Winchester, VA 22601.
Sincerely,
Thomas M. Dickinson, Jr.
TN4DJr/cad
'Stonewall Magisteri
i
1
FINAL PLAT UN j
A 2ortiou of Star Fort
District
• JI�[ I
lkl' ,
Frederick county Sanitation Au
Planning Commission
Subdivision Administrator
u„- ream of Transoortatlon
Frederick County, Vrghla
Date 0:7B•9S
Date II
Date o
Date ru 7a I
ownR'S CERTIFICATE
!I The above and foregoing subdivision of land, as appears in the accompanying plat,
Is with the free consent and In accordance with the desires of the undersigned
owners, proprietors, and trustees, if any.
Sel chard G Hardison, Inc., ichard & B on, Inc.
Data 1,2z
11y I
1 NOTARY PIM,IC
!, --Sup w_ Farrell . a Notary Public in and for the State of V<rginia, at large, do certJfy (�
ithat merlin L. Smith,Richard G. Hardison & Byron AilAose names are signed to the
Owners Certificate, have acknowledged the same before me In my State. Ij
Given under my hand this 22nd- day of Saber 1998.
QTAAY Wy commission expires 713112000
i
Ue�1 SURVEYOR'S CERTIFICATE
lfy that the land contained In this subdivision Is a portion of the land that was comroyed
P111111
C ARD allARDISON, INC. RICHARD & BYRON, INc. and SELDON, INC bydeeds dated
ber 14, 1995, September 14, 1995 and February 14, 1995, said deeds recorded In the
Office of the Clank of the Circult Corot of Frederick County, Vlrglnla in Deed Book 845 at Page
895, Deed Book 645 at Page 904 and Deed Book 80 at Page 1, respectively.
I
1 '�S Op
y� EX. ZONINt,� B-2 fX. USE. VACANT P. Duane Brown, L.S.
The property represented herein is a portion of the property
P, DUANE � shown on Frederick County Tax Map 54((A)) as Parcel 1. �
BROWN 9 DATE AUGUST 3, 1998 COVER SHEET FILElp •REDCRPLT.DWG'
vy°'ddr�..,..
A VIL , / 5 I g1b t r. dI ford & assadatM inc. I SHEET
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QiQlEERS - LAND PLJd�INERS - SURVEYORS 1
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LENGTH
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BF�RING
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POSSIBLE FUTURE R/W
i
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Middlesex Artillery
Fleet's Battery Inc., .C.S.A.
I 5o' Zoning Separation Buffer
j (8-2 to RP)
II Ez. RP one _
!ram- Ex. B-2 Zane
i.. PROPOSED 5
FOR TRESS DRIVE
i
i! Richard G. Hardison,Inc.,
Inc.
,4
II Richard & Byron,
and Setclon, Inc. r
(Remainder)
5D "-Egress Easement
.I
N/I=
�-- Hlllcrest Nursing home, Inc.
OB 499 Pg. 79
-TH op
op
P. DUANE
C BROWN
ND. 1285
A✓g.3 /99b
SURVV(
`DB 531 Pg. - 266, 08 544 Pg. 410
s
25' Active Buffer
d
,.
i
L--25' Common Shared
Richard G. Hardison, Inc., 1
Landscaped Screening Easement
(Inactive Suffer)
Richard & Byron, Inc.
and Seldon, Inc.
Il
(Remainder) I'
2.0213 ACRES
Wo
'
Y
I
N573 SVE 21.70
'j, 5,179,om
BRL denotes Binding Restriction line .
#'INAL PLAT J.
II A Portion of Star j or
' &onewall Magisterial District Frederick Count , Virginia
i DATE: AUGUST 3. 1998 SCALE: 1"=ta4' I FILE,"Rl=DCRPLT.DWG"
pl
��bberr�t v. difiord & o at• Inc
ENGINFtRS — LAND PLANNERS — SU lVEMS ftW SHEET `:i
ttla`-C Olds Orwtwlat DtM ZW g
fndartafo�ur� tArttlJa 2210t (007—Mm !i 2
I, (W) W-2115 0 50 100 200 (NO) i of
2
VIRGM& FREDERICK COUNTY, SM
iaarumeut of wrWq wn p mdamd to me on
at a b �.
with mrtifiwc of admowiedgm=t they io anncxcd
;1"Wpaiued io reotad. Tax imposed by Sec, 58.1-802 of
S aad 3d 401 Ism bets paid, if cater "
,G,f�lse c 44;-c-w , cxt
n..
BK853PG8558
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 (751k) 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.
ARTICLE V
COVENANTS FOR MAINTENANCE
ASSESSMENTS FOR THE ASSOCIATION
Secdon 1. &WMen : The Declarants, for each Lot owned
within Star Fort, Section I, 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,
'f 9
!f
r'f
1
r
3K853PG0659
and collected from time to time as hereinafter provided in
Section 7. The annual assessment, together with such E
interest, shall be a charge on the land and shall be a
continuing lien upon the property against which each j
assessment is made. Each such assessment, together with such
interest, costs and reasonable attorney's fees, shall also be 1
the personal obligation of the person who was the owner of
such property at the time when the assessment fee was due.
i
The personal obligation shall not pass to his successors in
I
title unless expressly assumed by them. I
i
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
i
of the Common Areas. j
Section 3. Sasb and Maximum Annual Assessments: Until January 1 4
of the year immediately following the conveyance of a Lot to
an Owner, the maximum annual assessment shall be in the amount i
10
BK853E'GOGG4
!i 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 !
y 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
f
!
+� annual assessments shall be dedicated to the operation and I
maintenance of Star Fort by any person, corporation,
!, f
partnership, or other private entity, or any governmental
! agency, or their successors and assigns (hereinafter the
'operating entity").
I
a. Subject to the above provisions, from and
after January 1 of the year immediately
following the formation of the
!I Association, the maximum allowable
increases of not more than ten percent !
N (10%) per year may be increased by a vote k !
I of the Members for the next succeeding and
at the end of each year's period, for each
succeeding period of one (1) year,
!I provided that any change shall have the
assent of two-thirds (2/3) of the vote of i
Members who are voting in person or by
proxy at a meeting duly called for this i
!i 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 i I�
hereof shall not apply to any change in I
the maximum and basis of the assessments
!: undertaken as an incident to a merger or
11 �
B
!
.J. ,
BK853PGO66I '
I
consolidation in which the Association is
i
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
i assessments at an amount not in excess of
the maximum.
I
Section 4. Operation and Maintenance of Star Fort: (a) The SFPOA
u
i 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.
12
it
I
ns3
f
(c) Unless waived by the Board of Supervisors, it
I. I
I� shall be a condition of the continued receipt by the operating
yy entity of any funds provided for hereunder, that it submit an If
fi annual report of its finances and financial operations to the
I
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 �
4 provided.
I; (d) The SFPOA shall be authorized to convey any
i common open apace or other property otherwise subject to its
II !i
,j ownership and control to the operating entity for the purposes
1 I 4
j hereof.
(e) The operating entity may expend any funds
�I
i provided hereunder for any purpose reasonably related to the
Ij operation and maintenance of Star Fort and the acquisition of b
!i 3
additional property which may advance the purposes hereof.
f Section 5. Ung m Rate of Assessment: Annual dues must be f ixed
all Lots and
at a uniform rate for� may be collected on a
i
semiannual basis,
i
Section 6. Quorum for ury Action AathotEty Under SectEons 3 and 4: At
the first meeting called, as provided in Sections 3 and 4
13
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t
i
i
N
r
ti•
BK853?GO663
hereof, the presence at the meeting of Members or of proxies
entitled to cast thirty-three (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. Date of Comore cement of Annual Assessments: Dug 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
14
0
C5001G395 CD
0
File e20968
SOB bgm
TIHSQUrrCLAIMDEED made and dated this a72dddayof NOt )n,6r- 2004,by
and between CARLIN L. SMITH. Executor of the Estate of Lester.. Erilott. Jr., CARLIN
L. SNM and GEORGIE E. SMUIL his wife, hereinafter called Grantors, and A & W
CONSTILMON. LLC, a Virginia limited liability company, hereinafter celled Grantee.
For and in valuable consideration, the Grantors do hereby grant, couvoy and quitclaim
unto the Grantee all of their right, title and interest to that certain parcel of land which fronts on
the west side of Lauck Drive, in Stonewall Magisterial District, and further described as 0.086
acre as shown on the plat and survey of Michael M. Artz, L.S., dated September 23, 2004,
attached hereto and made apart hereof. (portion of TMN 54-A-1).
This 0.086-acre &set is to be consolidated with the Grantee's existing 2.114 acre -tract
(TMN 53-A-34) to form a tract containing 2.200 acres.
The Grantors do hereby covenant that they have the right to convey to the Grantee; that
the Grantee shall have quiet and peaceable possession of the said property, free from all liens and
encumbrances; and they will grant such further assurances of title as may be requisite.
WITNESS the following signatures and seals:
&I (SEAL)
CARLIN L. SMITH, Executor of the Estate
of Lester A. Elliott, Jr.
c
SEAL)
CARLIN L. S
1(SEAL)
OVIE..S
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PROJECT SUMMARY
= Ir Kam..• ...`..1.a.I A —
Adjoining Owner Information
^+—��-�r-�Tox���....+
� r_ a Ira.. N-A-1 •�• N.m+.
Parch No, 01lnere None Zoning Uw
OI M.RIa KIM RP Vaoml
( 02 Donal L ARh RP R.aalmltd
...�..r. 07 , T. ! Yary JaN YSAfa7 RP R.~tid
p / �!/ w/ / / ••�� 05 Do.0 k 3Mw� Jan. YQu�r � Rwldmt)d
r ` / ch wtle MAW "aa, at W RP Vomit
07 Cha•Wt. Dour WKeM at d. RP Rsald-OW
\\ OB Yo►r C. Do—, at al. RP Vomit
09 N cn tm ! Mar7 E Arccaty RP Vacmt amE Inca
1 atdan RP R.tld
/ / / 1 \✓� 11 N.R4 Me RP Vaoart Iy.. T a""'a" R 1Y"�'t'
1] halter E ! C.. E. Ll it RP Want .a" .wrr l.d.
I / 9)n 7 14 Rdtar E ! Odd. L Lonwt RP V—t
1S \ H—d C. Ylrr ! 9.1h. L Cal.rt RP RaaldentH 1. 1Ta E ! Odd. E t.— t RP Reddanlld
\ _ 17 D.Ad a /t..nlak RP
1B Char R ! Br.ndo Y. 0,11nm RP R..Ida td
19 Yla.d Par RP Rwidmtkd
C ST k 221 0 John �� J . T— RRP P R. R.Wantld
a.�.I
a.r A. Cook
22 R. RP R.tld Iti yN Tv�.
2Sh 244 Phl E !Mar Tr%>W0uto1 dltbd
RP ~0V.oRP R..Id.nlM � �..w. h �16u
4 I 27 D.ml. J. ! Susan
ltaeo.d RP R..Id.ntld Ma. k. vala 667-Taos
t1 �I OPEN SPACE DEDICATION 24 Bvaaa H. Hoo— RP V-1,
' '-� �` J - •� ro BATTIFFIID PARK
APPr.•.d Bea
En Ir mantd Schedule
• - S7 RQWE 6f ACRES 70 C011YENtlAL =' — —%%' Housing Schedule
_ (9-2) FROM RERMTIAL (RP) wp. _,...t
F\ ar° aa� f s i .aw. a Prf o 40rr. s n.a.yl
r .�.
DL BOOSTER WMy\STATKM 9� ROAD QtOAD pr1ENS10N)
FORT COUIFT
GRAPTaC SCALE STAR FORT
Gilbert R. Clifford and Associates. Inc.
.w.� Preliminary Master Plan
do Generalized Development Plan
1x IW ea..tA a a Ra-n ol..� n
FREDER
ICK Nil' YiRCINI
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starfort
CAPE
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6I (4l 610
starfort
C.ANpS�APE
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PL40'rS)
starfort
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starfort
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Ptg9TS)
Site Improvements which require resolution to comply with ordinances:
A. Road construction. Must be constructed to VDOT standards and maintained
damage free throughout home construction.
B. E&S throughout. Roadside ditches and individual lot stabilization.
C. Installation of landscape screen along north and east property lines. Approved
SDP requires 164 Leyland Cypress (4-ft height at planting), and 82 Silver Maples. To be
planted within 20-ft of the development's perimeter property line. Based on notes, this
landscaping would be installed in lieu of a walkway.
D. Preservation of vegetation on the north side of the historic Star Fort site. If
vegetation has been removed within a 20-ft conservation area, then a road of trees shall
be planted.
E. Dedication of additional land to Middlesex Artillery (historic Star Fort property),
per MDP.
F. Establishment of viewshed protection easements to benefit historic Star Fort
property per MDP.
G. Establishment of access easement to benefit historic Star Fort per MDP.
Issues of consideration / legal clarification:
A. Proper operation of POA annual dues collection
B. Ownership of historic Star Fort
starfort
6I I4I a.G
starfort
CANMOLAPE
SC-n-EE.1
(ECPCAcG
PtgpJTS)
STAR FORT - site improvement and progress review
June 16, 2006
Zoning and Subdivision History of Star Fort subdivision
A. Zoning History: the property has held residential zoning designation since
inception of zoning. Initially the property was split zoned R-3 and R-6. These districts
were consolidated into RP in 1987.
B. MDP enabling 144 15,000 sq ft single family lots was approved in 1995
C. SDPs have been approved by phases since 1995. Plats have been approved
consistent with SDP. Deed of Dedication and Covenants link Sections 2 through 7
D. While there are no proffers associated with the property's zoning, a number of
notes were included on the approved MDP. These "notes applicable to the master
development plan" are attached to the memo.
E. The Property Owners Association was created in 1996. Articles of Incorporation,
Bylaws and Covenants papers are attached.
F. The POA Board of Directors were appointed. They are the four members of
Middlesex Artillery.
G. POA Accounts. As of June 30, 2005 the bank account established for the Star
Fort POA had 3,302.89. Documentation from Thomas Dickinson (closing attorney)
indicates that $60.00 POA dues are paid for each lot at closing.
H. The county presently holds 2 bonds for this project. For Erosion and
Sedimentation we hold $25,000 (Section 4A). For the rest of the site improvements
(roads, utilities, landscaping) we hold $ 168,000 (Section 4A, 6, and 7).
Site Improvements which require resolution to comply with ordinances:
A. Road construction. Must be constructed to VDOT standards and maintained
damage free throughout home construction.
B. E&S throughout. Roadside ditches and individual lot stabilization.
C. Installation of landscape screen along north and east property lines. Approved
SDP requires 164 Leyland Cypress (4-ft height at planting), and 82 Silver Maples. To be
planted within 20-ft of the development's perimeter property line. Based on notes, this
landscaping would be installed in lieu of a walkway.
D. Preservation of vegetation on the north side of the historic Star Fort site. If
vegetation has been removed within a 20-ft conservation area, then a road of trees shall
be planted.
E. Dedication of additional land to Middlesex Artillery (historic Star Fort property),
per MDP.
F. Establishment of viewshed protection easements to benefit historic Star Fort
property per MDP.
G. Establishment of access easement to benefit historic Star Fort per MDP.
Issues of consideration / legal clarification:
A. Proper operation of POA annual dues collection
B. Ownership of historic Star Fort
NOTES APPLICABLE TO THE MASTER DEVELOPMENT PLAN
The developmentof the property subject to this Master Development flan shall he in strict accordance with
the following conditions.
1. Binding Nature of the Master Development Plan
This Master Development Plan shall control the development of the property subject hereto, in accordance
with the ordinances and regulations of Frederick County,
2 Mandatory Assessments for the Preservation of Star Fort
(a) Prior to the approval of the first subdivision plan for the Property, the Applicants shall
create a Property Owners' Association applicable to the entire Property as required by §144-32 of the Frederick
County Subdivision Ordinance, the principal purpose ofwhich shall be the imposition of a mandatory
assessment upomwners of developed lots to assist in funding the operation and maintenance of Star Fort
located adjacent thereto as a park and educational site open to thgiublic. Such Property Owners' Association
may have such other purposes, functions and duties with regard to the Property as the Applicants shall
determine.
(b) The Applicants shall insure that the Property Owners' Association created hereunder shall
impose a mandatory annualassessment per developed residential lot in a surn not less than :d60 and not more
than $250, per lot, the proceeds of which shall be dedicated to the operation and maintenance of Star Fort by
any person, corporation, partnership, other private entity, or any governmental agency, or their successors and
assigns (hereinafter "the operating entity'). The assessment shall initially be set at $60 per lot, may not be
increased for five years after the formation of the Association, and may thereafter be increased not more than
10% per year.
(c) T'he Property Owners' Association Board of Directors shall be authorized t,:) make direct
grants of sums raised hereunder Wie operating entity, or to enter into contracts with the operating entity or
any other businessor entity, for the purposes of operating and maintaining Star Fort, provided that such
contracts have been first submitted to and approved by the operating entity.
(d) No funds hereunder may be provided to the operating entity, unlc,s and until budget for the
operation and maintenance of Star Fort shall have first been submitted to and approved b-, the Frederick
County Board of Supervisors. Funding shall he cienied to any operating entity inihe event ciat the Board
certifies that the operating entity cannot perform, , r is not Ixrforming, itsobligation, to operate and maintain
Star Fort as pmvided herein.
(e) 1)nless waived by the Board of Supervisors, it shall be a condition „i the conti:,ue(i 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 dulv-licensed Certified Public Accountant, ar.dprepared in
accordance %vith standard accounting practices. to assure the faithful and proper application of the funds
provided.
(0 1-he Property Owners' Association shall be authorized to convey any common open space or
other property otherwise subject to its ownership and control to the operating entity. for the purposes hereof
O) 1he ciperatin);entity may expend any funds provided hereunder for any purpose reasonahl�°
related to he operation and maintenance of Star Fort and the acquisition of additional property which may
advance the pirposes horn -cif
(h) The Property Owners' AssoCiatbIII d,icuments shall provide that ih.anj.;esvhich Would alter,
amend, or othcrwisi, affect provisions which are required hereby shall require the written agreement of at
icast 7, 5,,. c1f the o,vners of 01C Property, and M t1wir hnders, if inv.
3. P1,11h, Access io Star Fort
l`he Applican: -hall l n!vidc a public acces, t" `,ta; ,it flann the spin" 1-id ;en;;ii:,: -hc rc idcnti,al
ion the M,isi, r ,': .r. :nrnl Ilan
CD
020012404
01
W
THIS DEED OF DEDICATION made and dated this 14'b day of June, 2002
by and between SELDON, INC., a Virginia corporation; RICHARD G. HARDISON. INC.,
A Virginia corporation, and RICHARD and DIRM _INC.% A Virginia Corporation, Parties of
the first part, hereinafter called the Declarants, and THE COUNTY of FREDERICK
VIRGINIA, party of the second part.
WHEREAS, the Declarants are the owners in fee simple of the real estate shown on
the attached plat drawn by P. Duane Brown, Land Surveyor, dated October 4, 2001, known as
Star Fort, Section III, described on the Final Master Development Plan of , Star Fort, Section III,
as filed in the Office of the Frederick County Department of Planning and Development, and,
WHEREAS, the real estate shown on the aforesaid plat has been divided into lots and
further shows a portion of the public streets known as Fortress Drive, and Salvo Circle, which are
hereby dedicated to the public and the temporary turnaround easement at the terminus of Fortress
Drive, and,
WHEREAS, Seldon, Inc., a Virginia Corporation, is the owner of one-half ('/z) interest
in the subject property, the same having been acquired by Deed dated February 14, 1996, of
record in the Office of the Circuit court of Frederick County, Virginia, in Deed Book 853 at Page
0001; and,
WHEREAS, Richard G. Hardison, Inc., a Virginia Corporation, is the owner of a one -
forth ('/4) interest in the subject property, the same having been acquired by Deed dated September
14, 1995, of record in the aforesaid Clerk's Office in Deed Book 845 at Page 895; and,
WHEREAS, Richard and Bryon, Inc., a Virginia Corporation, is the owner of one-
forth ('/4) interest in subject property, the same having been acquired by Deed dated September
14, 1995, of record in the aforesaid Clerk's Office in Deed Book 845 at Page 904; and,.
WHEREAS, the Declarants now deserve to subdivide the same into lots known as
Star Fort, Section III. The subdivision of the said real estate as shown on the attached plat is with
the free consent and in accordance with the desires of the Declarants, and the Restrictive
covenants herein set forth shall apply only to Star Fort, Section III, and the Declarants may apply
different restrictive covenants to other sections of the subdivision.
NOW, THEREFOR �, 73IS M OF :) D1CA'_ =ON
W-7-7NESST-7:1, That for and in consideration of the premises and benefits which shall
accrue by reason of this Dedication, the Declarants do hereby subdivide all of that certain tract
of land designated as Star Fort, Section III, lying and being situate in Stonewall Magisterial
district, Frederick County, Virginia, known as Fortress Drive, Salvo Circle and the easement at
the terminus of Fortress Drive together with all drainage easements, and. more particuyarly
described by a aforesaid plat of P. Duane Brown, Land Surveyor, dated October 4, 2001, attached
I.
hereto and by Us reircrence made a part hereof as if set out in full, and which plat is drawn in
i'
conformity with the Final Master Development Plan for Star Fort, Section III, on file in the Office
of the Frederick county Department of Planning and Development. This is a portion of the same
real estate, a one-half (%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 000:.; and a one-i:ourtia ('/4) interest of
which was conveyed to Richard 0. 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 ('/.) 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 fort:a on exhibit A atta6ec. and. Articles w:sica 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.
t Mol
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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
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of developed lots to assist in funding the operation and maintenance of Star Fort, located adjacent
thereto, as a park and educational site opened to the public. Such SFPOA may have such other
purposes, functions and duties with regard to the property as the Declarants shall determine.
Section 2. "Properties" shall mean and refer to that certain property hereinabove
described as Star Fort, containing 0.9 Acres, more or less, and a jogging trail ("the Common
Areas") and such additions thereto as may hereafter be brought within the jurisdiction of the
Association.
Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of
Star Fort, Section II, with the exception of the Common Areas.
Section 4. "Member" shall mean and refer to every person or entity who holds
membership in the Association.
Section 5. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot which is a part of the Properties, including
contract sellers, but excluding those having such interest merely as security for the performance
of an obligation.
Section 6. "Declarants" shall mean and refer to Seldon, Inc., Richard G. Hardison,
Inc., and Richard & Byron, Inc.
AR 1CLE II
Every person or entity who is a record owner of a fee or undivided interest in any Lot
which is subject by covenants of record to assessments by the Association, including contract
sellers, shall be a member of the Association. The foregoing is not intended to include persons
or entities who hold an interest merely as security for the performance of an obligation. One
Membership per Lot. Membership shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot
shall be the sole qualification for Membership.
Each Member of the Association shall have one vote for each Lot owned in which said
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Member shall hold the interest required for membership in Article II. When more than one
person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot
shall be exercised as they among themselves determine, but in no event shall more than one vote
be cast with respect to any Lot.
BOABI? _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 Iy
PROPERTY RIGHTS IN COMMON PROPERTIES
Section 1. Members' Easements of En, jovmgnt: 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.
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ARTICLE V ��
COVENANTS FOR MAINTENANCE
ASSESSMENTS FOR THE ASSOCIATION
Section 1. Assessments: The Declarants, for each Lot owned within Star Fort,
Section II, hereby covenant, and each Owner of any Lot by acceptance of a deed therefor, whether
or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant to
agree and to pay to the Association an annual assessment, such assessment to be fixed,
established, and collected from time to time as hereinafter provided in Section 7. The annual
assessment, together with such interest, shall be a charge on the land and shall be a continuing
lien upon the property against which each assessment is made. Each such assessment, together
with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of
the person who was the Owner of such property at the time when the assessment fee was due.
The personal obligation shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments: The assessments levied by the Association shall
be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the
Properties and, in particular, for the improvement and maintenance of the Properties, payment of
real estate taxes, repairs, liability insurance and service and facilities devoted to this purpose and
related to the use and enjoyment of the Common Areas.
Section 3. Hasis end 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
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not more than ten percent (101/6) 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 (213) 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. Olieration and Maintenance of Star Fort: (a) The SFPOA Board of
Directors shall be authorized to make direct grants of sums raised hereunder to the operating
entity, or to enter into contracts with the operating entity or any other business or entity, for the
purposes of operating and maintaining Star Fort, provided that such contracts have been first
submitted to and approved by the operating entity.
(b) No funds hereunder may be provided to the operating entity, unless and until budget
for the operation and maintenance of Star Fort shall have first been submitted to and approved
by the Frederick County Board of Supervisors. Funding shall be denied to any operating entity
in the event that the Board certifies that the operating entity cannot perform, or is not performing,
its obligations to operate and maintain Star Fort as provided herein.
(c) Unless waived by the Board of Supervisors, it shall be a condition of the continued
receipt by the operating entity of any funds provided for hereunder, that it submit an annual report
of its finances and financial operations to the Board prepared by a duly licensed certified public
accountant, and prepared in accordance with standard accounting practices, to assure the faithful
and proper application of the unds provided.
(d) The SFPOA shall be authorized to convey any common open space or other
property otherwise subject to its ownership and control to the operating entity for the purposes
hereof.
(e) The operating entity may expend any funds provided hereunder for any purpose
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reasonably related to the operation and maintenance of Star Fort and the acquisition of additional
property which may advance the purposes hereof.
Section S. 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 Anthgrf+ Under Sections 3 and 4: At the first
meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members
or of proxies entitled to cast thirty-three percent (33%) of all votes shall constitute a quorum. If
the required quorum is not forthcoming at any meeting, another meeting may be called, subject
to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such
subsequent meeting shall be sixteen percent (16%). No such subsequent meeting shall be held
more than sixty (60) days following the preceding meeting.
Section 7. Data of Commencement of Annual Assessments: Due Date: The annual
assessments provided for herein shall commence as to any particular Lot on the first day of the
month following the issuance of a building permit for that Lot. The first annual assessment shall
be adjusted according to the number of months remaining in the calendar year. The Board of
Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days
in advance of each annual assessment period. Written notice of the annual assessment shall be
sent to every Owner subject thereto. The due dates shall be established by the Board of Directors.
The Association shall, upon demand at any time, furnish a certificate in writing signed by an
officer of the Association, setting forth whether the assessments on a specified Lot have been
paid. A reasonable charge may be made by the Board of Directors for the issuance of the
certificates. Such certificates shall be conclusive evidence of payment of any assessment therein
stated to have been paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association:
Any assessment which is not paid when due shall be delinquent. If the assessment is not paid
within thirty (30) days after the due date, the assessment shall bear interest from the date of
delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an
action at law against the Owner personally obligated to pay the same, or foreclose the lien against
the property, and interest, costs and reasonable attorney's fees on any such action shall be added
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to the amount of such assessment. No Owner may waive or otherwise escape liability for the
assessment provided for herein by nonuse of the Common Areas or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages: The lien of the assessments
provided for herein shall be subordinated to the lien of any mortgage or mortgages now or
hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien.
However, the sale or transfer of any Lot, which is subject to any mortgage or deed of trust,
pursuant to a decree of foreclosure or under the terms of a deed of trust sale, shall extinguish the
lien of such assessment as to payments thereof which become due prior to such sale or transfer.
No sale or transfers shall relieve such Lot from liability for any assessment thereafter becoming
due from the lien thereof.
Section 10. EMm1 t ProRerty: 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 fiill.
USE, RESTRICTIONS AND COVENANTS
Star Fort, Section III, 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 III, and not to the other sections of the Star Fort
Subdivision, unless expressly set forth in the dedication of each subsequent section of said
Subdivision.
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ARTICLE VU o
EASEMENTS
Section 1. Sewer and Water Easements: The property dedicated hereby is subject
to certain easements or rights of way designated Sanitary Sewer Easements/Utility Easements on
the aforesaid attached plat, and further the Declarants reserve an easement over the Common
Areas for sanitary sewer easement (s), water line easement (s) and drainage easement (s), as
shown on the plat drawn by P. Duane Brown, Land Surveyor, dated October 4, 2001, of record
in the Frederick County Department of Planning and Development, as amended from time to
time, and further subject to Section 3 hereinafter recited.
Section 2. Slope and Surface Drainage Easementf ): 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. Reservation: 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 YI
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
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agency, or the designee of the governing body of the County of Frederick, Virginia, to be used
for purposes similar to those for which the Association was created or for general welfare of the
residents of Star Fort, Section III. In the event that such dedication is refused acceptance, or if
the governing body refuses to designate a successor in interest to collect the annual assessments
provided for herein and the maintenance of the Common Facilities, then, in such event, such
assets shall be deemed vested in the Members of the Association as tenants in common, who shall
decide among themselves the manner in which the annual fees shall be collected and spent.
The Dedication of Subdivision of the land as shown on the aforesaid attached plat is with
the free consent and in accordance with the desire of the undersigned Declarants and is in
conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable,
together with the applicable ordinances and regulations of the governing body of the County of
Frederick, Virginia
The County of Frederick, Virginia, by its duly authorized agents, evidences its acceptance
of this Deed of Dedication by its signatures on the aforesaid attached plat.
WITNESS the following signatures and seals:
SELDON, INC.
B � �^-- (S AL)
ARLIN A. SMI , Pre ent
RICHARD G. HARDISON, INC.
(SEAL)
RICHARD G. HARDI ON, President
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COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, TO -WIT:
I, Bra-da G. M=hY allotary Public in and for the State and 'urnsdiction
LW
as attorney -in -fact and a t on of
aforesaid, do hereby certify that A L. SMiA, President of SELDOM, INC., an whose
name is signed to the foregoing Deed of Dedication, dated June 14, 2002, has personally appeared
before me and acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this 26th day of , 2002.
My Commission Expires 08/31/2002 �; " y
NOTARY PUBLIC
•� 4 t
COMMONWEALTH OF VIRGINIA
CITY O CHES TO -WIT:
Q. a Notary Public in and for the State and jurisdiction
aforesai , do K&by certify that RICHARD G. HARDISON, President of RICHARD G.
HARDISON, INC., and BYRON A. BRILL, President of RICHARD & BYRON, INC., whose
names are signed to the foregoing Deed of Dedication, dated June 14, 2002, have personally
appeared before me and acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this day of June, 2002.
My Commission Expires
TAR UBLIC
10301-SFG3 A DEED o(Dacsa on
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EXHIBIT A �-
Use common restrictions and covenants applicable to Star Port, Section III
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 attache,
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 FMSHED 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 qualit3
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 roo:
pitch. any storage building shall be compatible with the architecture of the dwellinj
house erected on the lot;
(g) All structures must have a minimum 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 iri ground swimming pool is placed upon the subject property.
7. SWM IING 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
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shall provide in connection therewith, off-street parking space of at least twelve feet (12')
by thirty-five feet (35'). The driveway must be paved or hard surfaced by asphalt,
concrete, or other approved material by the Architectural Review Committee set forth
hereinafter. Provided, however that the developer may waive all or portions of the paving
requirements set forth hereinabove.
14. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than
3/4 ton or tractor/trailers, and no such trucks or tractor/trailers shall be parked on any
street in this subdivision. No lot shall be used for manufacturing purposes or for the sale,
parking, or storage of new or second-hand automobiles or other motor vehicles. No
abandoned motor vehicles will be permitted on any lots or parking area. (For this
purpose, an abandoned motor vehicle is defined as one which bears no or an expired
license plate and has not been operated within six (6) months on a public street or
highway).
15. SIGHT DISTANCES AT 11 TERSECTIONS: There shall be no planting, structure,
fences, shrubbery, or other obstruction to vision planted or maintained on any corner lot
which rises more than three (3) feet above ground level within ten (10) feet of the
intersection of any two street lines.
16. NUISANCES: No noxious or offensive activity shall be carried on any lot, nor shall
anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood. Each lot shall be kept mown and free from weeds and debris at all times,
and shall be kept cleared in accordance with State laws and local ordinances
17. . UTILITIES: All utilities, including all telephone, electric, television, gas, TV cable, etc.,
shall be located underground.
18. DRIVEWAYS AND CULVERTS: If the construction of a driveway on any lot prohibits
the drainage in front of that lot, then a pipe or culvert of sufficient size (and not less than
twelve (12) inches in diameter) shall be installed by the purchaser of said Iot at his
expense. This final determination regarding this requirement will be made by the Virginia
Department of Transportation representative who services the property and NO
ENTRANCE, TEMPORARY OR PERMANENT, SHALL BE MADE WITHOUT
FIRST OBTAINING A PERMIT FOR SUCH ENTRANCE FROM THE
VIRGINIA DEPARTMENT OF TRANSPORTATION.
19. BUILDINGS: No building of any sort shall be place or constructed on any Lot hereby
dedicated unless or until plans and descriptions of the same shall have been submitted in
duplicate to and approved by the Architectural Review Committee. In addition, the
Architectural Review Committee shall approve all exterior colors for roofing, doors,
windows, shutters and exterior coverings of the house, as part of the review and approval
process. Once approval of colors has been made, no change in color scheme shall take
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place for a period of five (5) years after completion of construction.
(a) Buildings may be of either traditional or contemporary design but must be situated;
designed, constructed and finished so as not to detract from the natural beauty of
the surroundings and shall be compatible with the existing buildings. The power
to determine compliance with this standard shall rest solely with the discretion of
the Architectural Review Committee who have no liability whatsoever for the
approval or disapproval of any such plans.
(b) The initial Architectural Review Committee shall consist of three (3) members
appointed by the Declarants to serve through December 31, 1999. The Declarants
shall be solely empowered to fill, by further appointment, any term which shall
become vacant prior to December 31, 1999.
(c) Those persons owning Lots hereby dedicated in Star Fort, Section II in the year
2002 and subsequent years, may elect successor members to continue the existent
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 an}
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
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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:\oFFicavnywiMCLENT\STARFORT\SUB.RES ENT\STARFQRTISUBRES - swt
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CURVE TABLE
i CURVE RADIUS
ARC LENGTH
TANGENT CHORD BEARINGICHORD LENGTH' DELTA i
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29.95
14.99
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76.59 53
E
29.94
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C2 250 00'
24.96'
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05'43' 15"�
C3 275.00'
228.30'
121.19'
N
37'51'29"
E
1 221.80' ! 4733'54" '!
C4 275.00' ,,
212.25'
I; 111.73'
N
83'45'05"
E
' 207.02' 44' 13' 19"1
C5 • 35.00'
54.98'
II 35.00'
N
59.04,32"
E
49.50'
90,00,00 1 i,
C6 35.00
-_
54.98
35 00
N
30 55 28
W
; 49.50
"
; 90'00 00 I i
! C7 i 250.00
,
39.55
19.82'
N
,.
18'36'28��
E
39.51
,
109'03�51 is
C8 1 25TO025TO0 i.
167.99
87.31 i,
N
42'23 24
E
i, 164.85
+�
i, 38'30 03
C9 : 250.00'
167.99'
1 87.31'
N
80'53'28"
E
I 164.85' 38'30'03"
C10 300.00' I
71.81'
36.08'
N
86'42'58"
W
;: 71.64'
i 13'42'55" ,
C11 300.00'
75.75'
38.08'
S
79'11'32"
W
75.55'
14'28'05" !
I
j �C 12 35.00
48.68'
I 29.20'
N
68' 12'02"
W
44.85'
79' 40'57" I!
C13 25.00'
21.03' ( 11.18'
N
04-15'52"
W
20.41 '
148*1123
���
C14 ;� 50.00
53.60
1 29.70
N
10 52 56
W
51.07
61 25 31 l
C 15 50.00'
55.66'
' 31.11 `
N
73'29'02"
W
52.83'
! 63'46'40" ; !
I C16 50.077
82.69'
54.33'
S
27'14*53"
W
1 73.59'
94'45'30' !
C17 ' 50.00'
49.23'
26.82'
S
48'20'24"
E
47.27'
56'25'05"
C18 25.00
21.03
11.18
S
52'27 15
E
i 20.41'
1 48'11 23
C19 35.00'
48.68'
29.20' !
S
11'28'54
W
44.85'
179*40'57" 1 i
! ! C20 ! 300.00'
75.75'
! 38.08' �j
S
44'05'20"
W
75.55
1 14'28'0S !
i C21 300.00'
71.81
36.08'
S
29'59'50"
W
71.64'
! 13'42'55"
C22 300.00'
; 47.46
23.78'
S
18'36'28
W
47.41
79'03 51
AREA SUMMARY
AREA IN LOTS
6.2644 ACRES
I AREA IN R/W 1,3263 ACRES
TOTAL AREA SUBDIVIDED - 7.5907 ACRES
i
! NUMBER OF LOTS - 16
! !
AVERAGE LOT
SIZE - 17,055
SQ FT
V SMALLEST LOT
`I !
SIZE - 15,000
SQ FT
PIN 54-A-1 RESIDUAL AREA
- 50.157 ACRES
I
MINIMUM SETBACK
REQUIREMENTS,
FRONT = 35'
REAR = 25'
S.-.DE - 10'
IRON RODS ARE
TO BE SET
AT ALL CORNERS NOT PREVIOUSLY MONUMENTED.
,i
ZONING, RP
! ' i PROPOSED USE, S.iNGLE FAMILY . DE'i ACHIED
TRADITIONAL
I !
ALL LOTS ARE SUBJECT TO
A 10' SLOPE
&
DRAINAGE EASEMENT ALONG ALL
RIGHTS -OF -WAY AND A 10' UTILITY & DRAINAGE
EASEMENT
ALONG ALL
! PROPERTY LINES.
FINAL PLAT OF SUBDIVISION `+�PLTH OF
n n mT TT �cl
S.:m A-R i0 m
N SACi�ON _- �.
STONEWALL MAGISTERIAL DISTRICT
J9 i
i P. Duane Brown I
FREDERICK COUNTY, VIRGINIA i No. 001285 j
0
DATE: 10/4/01 i q
GENERAL NOTES SHEET 2 OF 6 <NA svRv`�� 4
Marsh & Legge Land Surveyors, P.L.C.
I ` I 680 NORTH LOUDOUN STREET N WIIdCHESTER, VIRGINI!► 22601 DRAWN BY: RTR I !I
i 11 1\ I PHONE (640) 667-0468 - FAX (640) 667-0469
.I DWG NAME: id3247 i
EMAILoffice@marshancUegge.com !
w
1�
SHOCKEY
19RO�ERS
�. PIN 54—A-1 INC. i
t i DB 748 pq 4
686
ZONED- r442
`' — — USE INDUSMI
AL
21 55
53 57
I ,
56
I. 4 SOLO
52
•� a
1
t-t; co 4 ' `� 45 p ��
ce
o z 50 44
CL
7
8
_ - o �� 43 �' 0�5�o�Q�O
1 b
'�
0 2 �i 1 �P��P QG00 O.Q`e,PG
I. I z - 48 Ii �� ��h o�� ��• . I.
0 9 IC3 SENTRY COURT' 0�
c» w 5p R/W
1 47 W -----,
SHEET INDEX
4 10 `— i 42 LOTS SHEET cc 1
i_ u' 46 i �i �i 4r��L—Emir '��r ', i li
►— + _ 45 i 5
1 �-- -- — r-----r— f 6-50 4,
41 t 51-57 ' 5
"r
EX. FORTRESS DRIVIr 1 i
' FINAL PLAT OF SUBDIVISION
1,�rH of
i
S'ATR 71OR7 ^r SECmx0N TTJ
I STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
P. Duane Brown �t
0 100 200 No. 001285
' DATE: 10/4/01 KEY MAP SHEET 3 0= 6 t4Nb SUR`� J_t.
arsh & Legge Lane Surveyors, P.1.C.I
560 NORTH LOUDOUN STREET N WINCHESTER, VERGINIA 22601 a DRAWN BY: RTR II
I� I � l PHONE (540) 667-0468 N FAX (540) 667-0469 t '
i ` DWG NAME: id3247
EMAIL otfice®marshandlegge.com ,
G
[3
SEE SHEET 5 OF 6 S,9 SEE SHEET 5 OF 6
rn G ,
52 / / 10' DRAINAGE
5i & UTILITY EASEMENT v
51 45
i u
Ou
I 20,172 SF
N38'11'al`E< l� 44 j
35.37' f 16, 778 SF
hl I SANITARY SEWER ESM'T
49
�O° I 16,922 SF I (•.:i ,�:a '
i r �,— N I
_ _ I
L — — — S75'55 28 E J 1.:'� 43 ��
75,385 SF I �I .,
N14'29'22'E----'1 a' o I #101 I
225,05' `i N L, _ I I
48
1 `y 1 15,375 SF
1- — _ ' 28-,.E — — J w I� . a ; SENTRY COURT
S75 55
o�--- -- — --- �87.50To -75 ;53'E 50 R/W -
�I -----� ->
'28149.36'
r----- S
47
—i cVN I 15 375 SF I IA � �,�'�_:::. .�89.36 �.�'' 1, I:
I :G% 10' DRAINAGE
'_ &_UTILITY EASEMENT
_ s: #100
5„i28T _ — W c^o I ?�y
42
0" I -- — -- — Nl8'02'46LE I �I \I I 15 000 SF
1 I
I I 11 Q► 4�5 106.54' I I 1 ll
Q' I 15,158 SF I ► `° ,o,I I
, _M �----� 5Z'36"w 128.53
N74 4737 W f87 54 N81
i I 1 IV75'S5'28"YY I
I I� O 50,00' EX. TEMP. TURN -AROUND ESM'T
' 10 4 4 (DB921PG610) !`
, HEREBY VACATED i
{ i EX. FORT IR ESS 1 '
DRIVE N 50 R/W I 1 I ii
i.
FINAL PLAT OF SUBDIVISION
STAR FURT N SAC _'0N
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
OMM—m-Em
j DATE: 10/4/01 SCALE: 1 "=60' SHEET 4 OF 6
OF
p y II
P. Duane Brown
No, 001285 1.1.
17e�e f 4,,2001
0SUR�E��¢
c� Surveyors, ?.L.C.
Marsh & Legge ,an
560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 DRAWN BY: RTR
I 1 I PHONE (540) 667-0468 N FAX (540) 667-0469
II 'I E1~dM office@marshandlegge.com i� DWG NAME: id3247 I 'I
C3
1 I CA
4 3 2 I
6 J 667 56 �,� N`36a9
t414.04'32 "E r - j'44, 28 �S„160
7�
• 21,432 SF `> 9, p�.
�.
I! c ' lc !I \ �o� - - #I05` r
52
I, ti 50
k 16,984 SF54
N 1 \� lch
% \ 17,032 SFZM
� k51
T 1 I
I 1 15,641 SF�Ssr�.� I I
N38'11'01`Eti°~i/ !r'" G�'?� �8 I
20 / ��h Jam+ % '�`� `i o
C
55
cti9=
alp , 16, 905 SF I
I col
ol� / ,• S87'58'52'W
1 ,Sp ,S' 56
SANITARY SEWER
�yj ; �\r� 17, 692 SF
l�
EASEMENT • \ .� 23i k3I I f
SANITARY SEVER
EASEMENT
44
w �Dc�7:' \ �' ' 20,888 SF I I !I
'N C
��/ 10' DRAINAGE I
& UTILITY EASEMENT45
tp
k III
16,137 SFFl
g5,
IN SJO
}�j Q
03.45 N�� 5. 2 .007
o Si 0'08
I �• SEE SHEET 6 OF 6
i�
i; FINAL PLAT OF SUBDIVISION
STAR FOR'.N SEC.' ON ...
rn
I '
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
OF L f
O 9 .►,
P. Duane Brown II
No. 001285 I
Oaf'd, 20oI
DATE: 10/4/01 SCALE: 1"=60' i SHEET 5 OF 6 1 1�ND SUR,*jS'k !
j Y 1 & T 'D
Varsh T ri i.
�egge Banc1 Surveyors' i .tJ.�.
560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22801 DRAWN BY: RTR
PHONE (540) 667-0468 N FAX (540) 687-0469
EMAIL office@marshandlegge.com DWG NAME: id3247
- — i
SEE SHEET S OF 6
\ 0,��
\ so,Fss
44
W ,
H � \
N 45
�S15'51
0,08'2g"W 103 Nf 5 00
si
55
01
.00 >
ow
00
00
57
1
r �93
S1 0.0'9�92 W
RADIUS = 275'
ARC LENGTH = 26.19'
I� co
t . ' \1
1
1 hod v N f .
� m I
TEMPORARY TURN -AROUND
EASEMENT
HARDISON, BYRON & SELDON
(REMAINDER N 50.157 ACRES)
PIN 54-A-1
DB 845 PG 895, DB 845 PG 904,
i DB 853 PG 1
ZONED. RP & B-2
USE: VACANT
2 5'�__10<
iI I
i
FINAL PLAT OF SUBDIVISION 'cI)--
C-)Cl
STONEWALL MAGISTERIAL DISTRICTFREDERICK COUNTY, VIRGINIA a-
( P. Duane Brown
I 0 SO 120 No. 001285
oaf _071
DATE: 10/4/01 SCALE: 1°=60' SHEET 6 OF 6 `�h'D SVRv$�o`�
I Marsa & Legge wand Surveyors, J.
+�
580 NORTH IAUDOUN STREET' N WINCHESTER, VIRGINiA $2601 ;DRAWN BY: RTR �
I' I PHONE (640) 887-0468 N FAX (540) 867-0469 DEG NAME. ' 4 II
EMAIL office®marshandlegge.com d32 7
d
C.�
Ln
VIRGINIA, FREDERICK COUNTY, SM
This instrument of writing was prodwed to me on
9-ab-0„1' at ��7
and with certificate of aftowledgement they to annexed
wased to record. Ta imposed by SeQ 58.1-802 of
$ � , and 58.1801 have been paid, if assessable
AW4/e"v Clerk
File N 10301
13MB:rn
KUYKENDALL,
JOHNSTON, WKEE
& BUTLER, P.L.C.
p.0 Drawer 2o97
Winchester, VA 22604
OG05g9
BK921
THIS DEED OF DEDICATION made and dated this 1 st day of October,
i998, by and between SELDQN,, NC," a Virginia Corporation, RICHARD G. HARDISON
C a Virginia Corporation, and RICHARD & 13YRON INC. a Virginia Corporation, parties
the first part, hereinafter called the Declarants, and THE COUNTY OF FREDERICK
party of the second part.
WHEREAS, the Declarants are the owners in fee simple of the real estate shown on
attached plat drawn by Pibuane Brown, Land Surveyor, dated May 5, 1998, known as Star
t, Section II, described on the Final Master Development Plan of, Star Fort, Section 11, as filed
the Office of the Frederick County Department of Planning and Development; and,
WHEREAS, the real estate shown on the aforesaid plat has been divided into lots and
shows a portion of the public streets known as Fortress Drive, Sentinel Drive and Caliber
which are hereby dedicated to the public and the temporary turnaround easement at the
is of Fortress Drive; and,
WHEREAS, Seldon, Inc., a Virginia Corporation, is the owner of one-half ('/s)
t in the subject property, the same having been acquired by deed dated February 14, 1996,
record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed
853 at Page 0001; and,
WHEREAS, Richard G. Hardison, Inc., a Virginia Corporation, is the owner of a
(1/4) interest in the subject property, the same having been acquired by deed dated
14, 1995, of record in the aforesaid Clerk's Office in Deed Book 845 at Page 895;
SHO2 f IT0590
WHEREAS, Richard & Byron, Inc., a Virginia Corporation, is the owner of one-
rth (1/4) interest in the subject property, the same having been acquired by deed dated
)tember 14, 1995, of record in the aforesaid Clerk's Office in Deed Book 845 at Page 904;
WHEREAS, the Declarants now wish to subdivide the same into lots known as Star
Section 11. The subdivision of the said real estate as shown on the attached plat is with the
consent and in accordance with the desires of the Declarants, and the Restrictive Covenants
I
in set forth shall apply only to Star Fort, Section II and Declarants may apply different
covenants to other sections of the Subdivision.
NOW, THEREFORE, THIS DEED OF DEDICATION
ESSETH: That for and in consideration of the premises and benefits which will
ie by reason of this Dedication, the Declarants do hereby subdivide all of that certain tract of
designated as Star Fort, Section II, lying and being situate in Stonewall Magisterial District,
erick County, Virginia, and dedicate to the County of Frederick that certain portion of the
known as Fortress Drive, Sentinel Drive and Caliber Court, together with all drainage
and more particularly described by the aforesaid plat of P. Duane Brown, Land
, dated May 5, 1998, attached hereto and by this reference made a part hereof as if set
ut in full, and which plat is drawn in conformity with the Final Master Development Plan for Star
ort, Section 11, on file in the Office of the Frederick County Department of Planning and
This is a portion of the same real estate, a one-half ('/z) interest of which was
✓eyed to Seldon, Inc., a Virginia Corporation, by deed dated February 14, 1996, of record in
I
2
f
Nf BK92 � PG059
i�
Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 853 at
Page 0001; and a one-fourth (1/4) interest of which was conveyed to Richard G. Hardison, Inc., a
Virginia Corporation, by deed dated September 14, 1995, of record in aforesaid Clerk's Office in
i
I! eed Book 845 at Page 895; and a one-fourth (1 /4) interest of which was conveyed to Richard &
yron, Inc., a Virginia Corporation, by deed dated September 14, 1995, of record in the aforesaid
Office in Deed Book 845 at Page 904.
All of the Lots shown on the plat attached hereto shall be subject to the following
)ns, covenants set forth on Exhibit A attached and Articles which are covenants real
with the land, and shall be binding upon all parties having any right, title and interest in
to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to
benefit of each owner thereof.
A177CLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to Star Fort Property Owners
i
ssociation, Inc. ("SFPOA"), a nonstock Virginia Corporation, its successors and assigns. The
j rincipal purpose of the SFPOA shall be the imposition of a mandatory assessment upon owners I
li
I �i
I f developed lots to assist in funding the operation and maintenance of Star Fort, located
adjacent thereto, as a park and educational site opened to the public. Such $FPOA may have
!i such other purposes, functions and duties with regard to the property as the Declarants shall
i
I �I
Idetermine.
Section 2. "Properties" shall mean and refer to that certain real property hereinabove a
II
described as Star Fort, containing 0.9 Acres, more or less, and a jogging trail ("the Common ;+
l 3 f
1 ;
+ I
N
3K9'2 r Ki0592
i
Leas") and such additions thereto as may hereafter be brought within the jurisdiction of the
Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of
tar Fort, Section II, with the exception of the Common Areas.
Section 4. "Member" shall mean and refer to every person or entity who holds
io in the Association.
Section S. "Owner" shall mean and refer to the record owner, whether one or more
tpersons or entities, of a fee s#le title to any Lot which is a part of the Properties, including
JI contract sellers, but excluding those having such interest merely as security for the performance of
obligation.
IjSection 6. "Declarants" shall mean and refer to Seldon, Inc., Richard G Hardison,
Ir
and Richard & Byron, Inc.
1
ARTICLE II
MEMBERSHIP ,
t�
Every person or entity who is a record owner of a fee or undivided interest in any Lot
Hants of record to assessments by the Association, including contract
hick �s subject by cove �!
sellers, shall be a member of the Association. The foregoing is not intended to include persons or ;I
ntities who hold an interest merely as security for the performance of an obligation One
embership per Lot. Membership shall be appurtenant to and may not be separated from
wnership of any Lot which is subject to assessment by the Association. Ownership of such Lot +
I
hall be the sole qualification for Membership.
4
'I
r
II
}I
t. BK92 ! PGO593
f
I
! ART- CLE 711
I
RIGHTS
VOTING RIGH
I �
Each Member of the Association shall have one vote for each lot owned in which said
shall hold the interest required for membership in Article II. When more than one person
� ember sha I
+ olds such interest in any Lot, all such persons shall be Members The vote for such Lot shall be
fes determine, but in no event shall more than one vote be cast
exercised as they among themselv
ith respect to any Lot.
i `-30ATiD OF DIRECTORS
The affairs of the Association shall be managed by a Board of not less than three (3), but
i
of more than nine (9) directors, who need not be Members of the Association. The initial Board
f 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
j etermined in the Bylaws of the Association,
ARTICLE IV
PROPERTY RIGHTS IN COMMON PROPERTIES
Section 1. Members' Easements of En'o meat• Every Member shall have a right
and easement of enjoyment in and to the Common Areas, specifically including but not limited to
the rights of ingress and egress to and from the aforesaid Common Areas as shown on the
I,
f 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
i the use of the Common Areas by a Member for any period during which an
6K52 6 PGC594
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
aws, his right of enjoyment. to the Common Area to members of his family, his tenants, or
purchasers who reside on the property.
ARTICLE V
COVENANTS FOR MAINTENANCE
ASSESSMENTS FOR THE ASSOCIATION
Section 1. Assessments: The Declarants, for each Lot owned within Star Fort,
II, hereby covenant, and each Owner of any Lot by acceptance of a deed therefor,
r or not it shall be so expressed in any such deed or other conveyance, is deemed to
nt to agree and to pay to the Association an annual assessment, such assessment to be
i, established, and collected from time to time as hereinafter provided in Section 7, The
ial assessment, together with such interest, shall be a charge on the land and shall be a
inuing lien upon the property against which each assessment is made. Each such assessment,
)gether with such interest, costs and reasonable attorney's fees, shall also be the personal
bligation of the person who was the Owner of such property at the time when the assessment fee
vas due. The personal obligation shall not pass to his successors in title unless expressly assumed
6
BK92 I PB0595
y them. "
Section 2. Purpose of Assessments: The assessments levied by the Association
I
hall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of
fl
he Properties and, in particular, for the improvement and maintenance of the Properties, payment i
f real estate taxes, repairs, liability insurance and service and facilities devoted to this purpose I
and related to the use and enjoyment of the Common Areas.
I
ual Assessments: Until January 1 of the year
Section 3. Basis and Maximum An
immediately following the copveyance of a Lot to an Owner, the maximum annual assessment
hall be in the amount of the current per year Lot assessment, provided, however, in no case shall ( i
he same be less than $60.00 per year per Lot and may not be increased for five (5) years after the !� ,
ormation of the Association and may thereafter be increased not more than ten percent (10%) per
i year and in no event shall the same exceed $250.00 per Lot per year. The proceeds of the annual 1
i
l ssessments 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
land assigns (hereinafter the "operating entity").
i
a, Subject to the above provisions, from and after January I of the year immediately
following the formation of the Association, the maximum allowable increases of
not more than ten percent (10%) per year may be increased by a vote of the
Members for the next succeeding and at the end of each year's period, for each
succeeding period of one (1) year, provided that any change shall have the assent
of two-thirds (2/3) of the vote of Members who are voting in person or by proxy
at a meeting duly called for this purpose, written notice of which shall be sent to all
Members not less than thirty (30) nor more than sixty (60) days in advance of the
meeting, setting forth the purpose of the meeting. The limitations hereof shall not
apply to any change in the maximum and basis of the assessments undertaken as an
incident to a merger or consolidation in which the Association is authorized to
participate under its Articles.
7
i'q
BK92"P-0596 `j
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
i
� hectors shall be authorized to make direct grants of sums raised hereunder to the operating
ntity, or to enter into contracts with the operating entity or any other business or entity, for the
6urposes of operating and maintaining Star Fort, provided that such contracts have been first
t ubmitted to and approved by the operating entity. {
(b) No funds hereunder may be provided to the operating entity, unless and until y
I
udget for the operation and maintenance of Star Fort shall have first been submitted to and 'll
?
approved b the Frederick County Board of Supervisors. Funding shall be denied to any
y
I
perating entity in the event that the Board certifies that the operating entity cannot perform, or is
I
of 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
eceipt by the operating entity of any funds provided for hereunder, that it submit an annual report
Board prepared b a duly licensed certified public
fits finances and financial operations to the Bo p p Y j
i practices, to assure the faithful
ccountant, and prepared in accordance with standard accounting p
application of the funds provided.
i d proper
(d) The SFPOA shall be authorized to convey any common open space or other
rooerty otherwise subject to its ownership and control to the operating entity for the purposes
(e) The operating entity may expend any funds provided hereunder for any purpose
i
easonabiy related to the operation and maintenance of Star Fort and the acquisition of additional i
'i
3K92 l r G0597
which may advance the purposes hereof.
Section 5. Uniform Rate of Assessment: Annual dues must be fixed at a uniform
for all Lots, and may be collected on a semiannual basis.
Section 6. Quorym for an Action Authori Under Sections 3 and 4: At the first
eting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or f
proxies entitled to cast thirty-three percent (33%) of all votes shall constitute a quorum. If the
meeting, another meeting may be called, subject to the ►+
�uired quorum is not forthcoming at any g, �
Mice requirement set forth its Sections 3 and 4 and the required quorum at any such subsequent
11
eeting 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: Bue Date: The
assessments provided for herein shall commence as to any particular Lot on the first day of
�annual
�he month following the issuance of a building permit for that Lot. The first annual assessment
hall be adjusted according to the number of months remaining in the calendar year. The Board of
i
Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in
dvance of each annual assessment period. Written notice of the annual assessment shall be sent
o every Owner subject thereto. The due dates shall be established by the Board of Directors.
he Association shall, upon demand at any time, furnish a certificate in writing signed by an
fficer of the Association, setting forth whether the assessments on a specified Lot have been
jaid. A reasonable charge may be made by the Board of Directors for the issuance of the
i
j ertificates. Such certificates shall be conclusive evidence of payment of any assessment therein
stated to have been paid.
9
.I
I
BK92IPGO598
Section S. Effect of Nonnayment of Assessments:_ Remedies of the Association_
y assessment which is not paid when due shall be delinquent. if the assessment is not paid
-thin thirty (30) days after the due date, the assessment shall bear interest from the date of
elinquency at the rate of twelve percent (12%) per annum, and the Association may bring an
r
action at law against the Owner personally obligated to pay the same, or foreclose the lien against
he property, and interest, costs and reasonable attorney's fees on any such action shall be added
o the amount of such assessment. No Owner may waive or otherwise escape liability for the
sessment provided for herefn by nonuse of the Common Areas or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages: The lien of the assessments
for herein shall be subordinated to the lien of any mortgage or mortgages now or
encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien
, the sale or transfer of any Lot, which is subject to any mortgage or deed of trust,
to a decree of foreclosure or under the terms of a deed of trust sale, shall extinguish the
of such assessment as to payments thereof which become due prior to such sale or transfer
sale or transfers shall relieve such Lot from liability for any assessment thereafter becoming
from the lien thereof.
Section 10. EM t Fro e : The following property subject to this Declaration
be exempt from the assessments created herein; (a) the Common Areas; and (b) all properties
sated to and accepted by a charitable or nonprofit organization exempt from taxation by the
of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from
assessments.
Section 11. Failure to Maintain Common Areas: In the event that the Association,
i
I
BK92 I PGO599
r its successors, shall fail to maintain the Open Space in reasonable order and condition, the
i County of Frederick may take such action as authorized by the Frederick County Zoning
ce is by this reference made a part hereof as if
rdinance. The Frederick County Zoning Ordinanit
I
et out in full.
li ,
ART1C 1 V1 �.
USE, RESTRICTIONS AND COVENANTS
+
Star Fort, Section It, 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 I 1
ovenants real to run with the land. Notwithstanding anything to the contrary herein, these
f'
Covenants shall apply only to Star Fort, Section II, and not to the other sections of the Star Fort )�
subdivision, unless expressly set forth in the dedication of each subsequent section of said
Subdivision. I
—
ARn . 1CLE V i
i
EASEMENTS '
Section I. The property dedicated hereby is subject �l
o certain easements or rights of way designated Sanitary Sewer Easements/Utility Easements on
he aforesaid attached plat, and further the Declarants reserve an easement over the Common
I Areas for sanitary sewer easement (s), water line easement (s) and drainage easement (s), as
f
shown on the plat drawn by P. Duane Brown, Land Surveyor, dated May 5, 1998, of record in the I .
n Department of Planning and Development, as amended from time to time, and
i
� Frederick County p +
1 (Ifurther subject to Section 3 hereinafter recited.
� 4
i �
X92i''v06'13'0
i
Section 2. Slope and Surface Drainage Easement(s): The property dedicated
i ereby is subject to those certain easements or rights of way designated Slope, Drainage
asement (s) on the aforesaid attached plat, for the purpose of surface water drainage
I:leasement(s) No structure of any kind which substantially impedes or obstructs the flow or
ding of surface drainage water may be placed within said surface water drainage easements
gnated on the aforesaid attached plat. Said surface water drainage easement (s) may not be
red or modified without the prior consent of the County of Frederick and the Declarants do
-by grant and convey untgrthe County of Frederick a perpetual right of way or easement over
aforesaid designated surface drainage easement (s) for the purpose of so providing surface
inage. Declarants do further agree that the County of Frederick shall be under no obligation to
rttain said surface drainage easement (s), provided, however, that in the event the Association
s to maintain said surface drainage easement (s), then, and in that event, the County of
;derick shall have the right to maintain the same and charge the Association pursuant to the
visions of ARTICLE V, Section 11, hereinabove
Section 3. Reservations: The Declarants reserve unto themselves, their successors
assigns, the right to erect, maintain, operate and replace underground and above ground
ephone and electric light conduits, related equipment, and other facilities, sewer, gas, water,
d television lines and related equipment are not located and along the strip ten (10) feet along
e front and rear of each Lot and a ten (10) foot strip centered on the side line of each adjoining
A, and a ten (10) foot strip along the boundary of all non -adjoining Lots, and the Declarants
serve unto themselves, their successors or assigns, an easement for telephone, electric, gas and
:her utility lines, water and sewer lines, and surface drainage over the Common Areas, as
12
i
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l
r 8K921PUQ601
t'
i il not interfere with the use and enjoyment of the
eeded, provided that such easement shaI i
I Areas.
.
4
Section 4. Public Access to Star Fort: Declarants herewith declare a public access
f o Star Fort from the spine road servicing the residential development, as generally shown on the
f aster Development Plan.
+ ARTICLE VIII
GENERAL PROVISIONS
I
' Section I. Enfor� ` cement. The Association, its successors or assigns, or any Owner,
hail have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions,
I
ovenants, 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 1
�i
+ hereafter. I
Section Z. Severability: Invalidation of any one of these covenants or restrictions by i
i +I
I. -udgment or court order shall in no way affect any other provision which shall remain in full force i
nd effect. i
i
Section 3. Amen,_. dnient: The covenants and restrictions of this Declaration shall run �I
with the land and bind the land, and shall inure to the benefit of and be enforceable by the I,
� + I
I
sociation, or the Owner of any Lot subject to this Declaration, their respective legal l
epresentatives, heirs, successors and assigns, for a term of thirty (30) years from the date this +I
eclaration is recorded, after which time, said covenants shall be automatically extended for !�
11
i 13
I �
8992' ?G00502
essive periods often (10) years. The covenants and restrictions of this Declaration maybe 1 1'
ided during the first thirty (30) year period by an instrument signed by not less than seventy- ;f
percent 75%) of the Lot Owners and their lenders, if any Any amendment must be properly �j i11
rded.
Section 4. Dissolution: Upon dissolution of the Association, other than incident to a + !II
11
ger or consolidation, the assets of the Association shall be dedicated to an appropriate public
ncy, or the designee of the governing body of the County of Frederick, Virginia, to be used for
similar to those for 'hich the Association was created or for general welfare of the f
poses s►m� �
dents of Star Fort, Section II. In the event that such dedication is refused acceptance, or if the
ierning body refuses to designate a successor in interest to collect the annual assessments j
-ovided for herein and the maintenance of the Common Facilities, then, in such event, such
;sets shall be deemed vested in the Members of the Association as tenants in common, who shall 1
11 i
ecide among themselves the manner in which the annual fees shall be collected and spent.
I
The Dedication of Subdivision of the land as shown on the aforesaid attached plat is with .
to free consent and in accordance with the desire of the undersigned Declarants and is in tl !!
..I
onformity w7th the provisions of"The Virginia Land Subdivision Act" as are applicable, together + ;I
of the governing body of the County o€ Frederick,
,+ith the applicable ordinances and regulations
Arginia i
The County of Frederick, Virginia, by its duly authorized agents, evidences its acceptance �I
)f this Deed of Dedication by its signatures on the aforesaid attached plat. I.
14
0
BK92'lIG0603
WITNESS the following signatures and seals.
SELDON, INC.
BY: (SEAL)
iI�iTH, President
RICHARD G. HARDISON, INC.
BY: V� S 11� (SEAL)
DM M. MIEWr Vice avddent
RICHARD & BYRON, INC.
BY: i (SEAL)
es�
TATE OF VIRGINIA
OFWINCHESTER, TO -WIT:
Ia Notary Public in and for the State and
idiction aforesaid, do hereby certify that CARLIN L. SMITH, President of SELDON, INC.,
i
whose name is signed to the foregoing Deed of Dedication, dated October _L, 1998, has
;ovally appeared before me and acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this }day of ( — 1998
••�t/�n�rt�q
•• CIF. M. it,
My Commission Expires .� •.
AOARY PUBLIC = { of s 9
NJ
ATE OF VIRGINIA RY Pti�a``•
'
TY OF WINCHESTER, TO -WIT: 0144ntn�•,
IQ fYl t le n, YQ r , a Notary Public in and for the State and
aforesaid, do hereby certify that DIANE M. 3t t5N, Vice President of
CHARD G HARDISON, INC., and BYRON A. BRILL, President of RICHARD & BYRON,
i
15
J
i i
TO21 PIG 0604
C., whose names are signed to the foregoing Deed of Dedication, dated October , 1998, it
fi �i
lave'personally appeared before me and acknowledged the same in my State and jurisdiction i I
foresaid.
'i
i
Given under my hand this $ day of OG'bbEr 1995
i My Commission Expires �{o�
NOT Y PUBLIC
ic
i
� 1
oeu
16
i 'I
1
i 2.
3
r
i
I
BK92"PG0605
MTTBF I A
Use common restrictions and covenants applicable to Star Fort, Section If.
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 j II
allowed on any of said lots. No yard sales or similar commercial enterprises may be
conducted on said lot.
BUILDTN G TYPES: No building or structure of any kind whatsoever shall be erected, i,II
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
al vehicle is stored so as not to be seen from any
recreational camper trailer or recreation
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 I.
porches, carports, garages, and basements of the following types of dwellings.
(a) One story dwellings shall have 1,575 finished square feet; II
i
(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, 1
(d) A one and one-half stories dwelling shall have a total of 1,760 finished square feet; �, A
(e) Two story dwellings shall have 1,760 finished square feet on each floor;
I�
(f) A storage building shall be allowed so long as the same is equal or better in quality it I�
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 5112 roof +
pitch. any storage building shall be compatible with the architecture of the dwelling
house erected on the lot; I
(g) All structures must have a minimum roof pitch of 5/12.
i
BK92 I PG0606 I
BUILDING FOUNDATION. All parging of foundation walls above ground level shall be
painted so as to conceal the color of the parge The color of the paint shall be compatible
with the color of the dwelling.
TEMPORARY STRUCTURES: No structures of a temporary nature, including but not
limited to, trailers, mobile homes, campers, basements, tents, shacks, garages, barns, or
other outbuildings shall be used on any lot at any time as a residence, either temporary or
permanent. No manufactured homes as defined in Title 36 of the Code of Virginia, 1950
as amended shall be maintained on any lot.
6. FENCES: No fences shall be located in front or on the sides of the house Fencing in the is
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 y
painting and stainini, 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.
I
7, SWIMMING POOLS: No above ground swimming pool shall be constructed on any lot.
8. SIGNS: No sign of any kind shall be displayed on any lot except a single sign not larger
than five (5) square feet advertising the lot for sale which shall be removed as soon as the
object is achieved.
9. CLOTHES LINES: Clothes lines or drying yards shall be so located as not to be visible
i
from the street serving the premises. i
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.
l 1. 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
BK92I?G0601
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 heremabove.
14. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than
314 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
as one which bes no
purpose, an abandoned motor no been aehicle is defineerated within six (6) months on a r
an public or
license plate and has p
highway).
15 SIGHT DISTANCE 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 (Io) feet of the 1
intersection of any two street lines. i
i
16. NUISANCES- No noxious or offensive activity shall be carried on any lot, nor shall
anything be done thereon which maybe own and free from weeds and debris at all times,
e
neighborhood. Each lot shall be kept m�
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. t
i
18. DRIVEWAYS AND CULVERTS:If the construction of a driveway on any lot prohibits i
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�IT FOOR R UCH ENTRANCE FROMNENT, SHALL BE T WITHOUT
FIRST OBTAINING
VIRGINLA 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,
of the review and
windows, shutters and exterior
f the house, as made, no change in color scheme halip take al
process Once approval of colors has been
BK92IM60a
place for a period of five (5) years after completion of construction.
(a) Buildings may be of either traditional or contemporary design but must be situated,
designed, constructed and finished so as not to detract from the natural beauty of
the surroundings and shall be compatible with the existing buildings. The power
to determine compliance with this standard shall rest solely with the discretion of
the Architectural Review Committee who have no liability whatsoever for the
approval or disapproval of any such plans.
(b) The initial Architectural Review Committee shall consist of three (3) members
appointed by the Declarants to serve through December 31, 1999. The Declarants
shall be solely empowered to fill, by further appointment, any term which shall
become vacant prior to December 31, 1999.
(c) Those persops owning Lots hereby dedicated in Star Fort, Section 1I 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 I;
compensation and shall not be liable to any person or entity for any exercise or j
nonexercise of the powers accorded them. Likewise, a Lot Owner shall not be I;
liable to any person for any exercise of nonexercise of powers herein accorded 11
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
4
BK921PG0609
right, title, or interest in any Lot shall have the right to prevent or stop violation or
I attempted violation of any of these restrictions by injunction or other lawful procedure,
i 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. NOISE NOTICE: Notice is hereby given by Declarant that noise may emanate from land
adjoining the Star Fort Subdivision and noise control is required in open space areas.
23 SEVERABILITY: Invalidation of any of these covenants by judgment or court order or
t in any other manner, shall in no way affect any of the other provisions, which shall remain
Ijin full force and effect.
J !
10301 C:\OFHcE1WPWIMCLIENrSTARFORMUB.RES-swf
I
I
5
I
f i
I 4
I
OK92 I PGOS 10
FINAL PLAT
i; ��lip �®Il°1� a ��llQDIIII
Stonewall Magisterial District Frederick Count, Virginia I+
. I;ti.�1 1. /'�1 1�•L , • �•�4 • • �.
1 jig• i A;I 1 �'�`'o '
Vioinity Yap,
.
li P VED BY /i
I Frederick County Sanitatlon Authoflty
1 Date 5` L 98
Planning CommisSIon it
` Dote
t
Subdivision Administrator
Date
Va. Dept. of Transportation �J
' OWNER'S CERTIFICM1l
The above and foregoing subdivision of land, as appears in the accompanying plots,
is with the free consent and in accordance with the desires of the undersigned
owners, proprietors, and trustees, if any.
NOTARY PUBLIC — � i
Janette M. Weaver a Notary Public in and for the State of Virgin la, at large, do certify j)
t,n •.1th. Dia�ye M. Johnson & Byron A.Brill whose names are signed to the
' ,Yn ` ' is Certificate, have acknowledged the same before me in my state.
. % October 1998.
RONly' ��yG Given under my hand this day of
My commission expires 03/31/01
Nr _
Vllltr� v. •r,., vim•.. �• .••� �••��.• _____ _ _. _
!� 895, Deed Book 845 at Page 904 and Deed Book 853 at Page 1, respectively.
k [H of dl
``• �Gi� j�j� EX. ZONING: RP £X. USE, VACANT A Duane Brown, L.S.
fl �4� Gib The property represented herein is a portion of the property
I�P. AUANE shown on Frederick County Tax Map 54((A)) as Parce! J.
O /� BROWN DATE: MAY 5, 1998 COVER SHEET FILE#: "6042-HCI.DWG"
UYp�yccn,,{
I. NO, 1285
;�911batt W.
dffford & assoclatM Inc. J�J
SHEET I°
Hay 5, 1976
ENGINEERS-
LAND PLANNERS - SURVEYORS I.
1 II
�qy �o�
d SURE
j1150-0 owe ow " M"
FredridlmbL +S Vh" 224M
2W tloMh Camston Ste l
NNdwdo, Vkn % MM 1
(60) W7-2130 i
OF j.
14
(MM M-2115
i _
I
BKg21 PG061 1
ZONING D15TFiICT BUFFERS
FtP ZONING AGAINST B2 ZONING REQUIRES A CATEGORY 'A" BUFFER WITH
NO SCREENING AND A TOTAL OF 50' DISTANCE: 25' ACTIVE AND 25' INACTIVE.
LOTS SUBJECT TO ZONINGMDI5�ICT BUFFER: IN THE ILOT'SI322 AND STRICT 33,BFFAREA.
MINIMUM SETBACK REQUIREMENTS Area Summary
FRONT a 35' Z2496 Acres
SIDE 10' Area in Lots 1.8107 Acres
REAR = 25' Area in R/W _ _—
All lots are single-family detached traditional
TOTAL AREA SU801V1D£D 9.0603 Acres
Lots 20f Lo
All lots are subject to a 10' Slope do Drainage Easement Number o15,790 Sp. Ft.
along ali rights -of -way and a 10' Utility k Drainage AverageLot
LotLSiZe Size 15,000 Sq. Ft.
Easement along all property lines,
��yTx of y
P, DUANE
O BROWN
U 70�icce..
ND. 1285
July 8' 1998
C,aHO SUR,;
NAL PLAT
WHOM
I Frederick County, Vrginia l!
Stonewall Ma isterial District
OATS: MAY 5, is' CURVE TABLE FILE#: "6042-FiC-1.DWG"'
s➢bert w, dlffwd d1 aasoalatm Inc. SHEET !
fNGINEfRS — LAND PLANNERS — 20o North Cansm 5hat'I OF40) i
II 1%4 aide oewn� Ddw WNdwg ` W �—� � 14
IFrtMdr� '"22�01
: (5 0) W-2116 REV: JULY 8, 1998
G�,921PG0612
EX. LAUCx DRIVE N 40' R/W
_ STATE RTE. 832 N27'33'39'E
-- - .,".... -
HOME
HILLCRES7 NURSNG , INC. ; ; '{-
DB 499 PG 79 C C�
ZONED: B2
USE: NURSING HOME � ` � ti � •,, ,; •.•
EX. 15' GAS EASEMENT
(D8 854 PG 1178)
i
I�
J 50' ZONING
DISTRICT BUFFS
Ij CATEGORY 'A'
NO SCREENING
2W ACTIVE
5' INACTIVE
Cl
,-�1
.�/ 9
Wr52 111
21,696 K.S. �
09:14 " T rA
t��•, ..� °i I
i
r
o
t • ...
DRAINAGE EASEMENT
SANITARY SEWER EASEMENT
V-
UJ
N j /�! The Frederick County inspectlons Department and the
�� Department of Public works will require a Detailed
SEE SHEET 8 OF 14 Site Plan for Lot 32.
EX. 20' SAN, SEWER EASEMENT
(DO 873 PG 1285) `
117.75'
57.75 r
I�
1 STAR FORT -SECTION I
ZONED:RP USE:RESiDENTIAL I+I
LOT 21
'1
1 PAUL A. and `
TAMMY S. SIRK 1
1 DB 876 PG 1418 I Ij
W I I
m
1 I
N I
Wx
lAf 22 W
/Z
' C2
All lots are single—family detached traditional. See Sheet 2 of 14 MINIMUM SETBACK REQUIREMENTS
NT 0 5'
All lots are subject to a 10' Slope & Drainage for CURVE TABLE FRONT
E1
Easement along oil rights —of —way and a 10' REAR = V
Utility k Drainage Easement along all property lines.
FINAL FLAT
ff op
Div Ift,
',� IStonewall Magisterial District
Frederick County, Virginia
6042-HC-I.DWGDATE:
SCALE: 1"=50
MAY 5, 1998,-�-
P0.1285
FILE :
g1bert w. dlfford & attsaclate% Inc. ENGNEERS - LAND PLANNERS - SURVEYORSSHEET.
kA f
vkOlo 22401
200 North ftvm nF
�10t1°*. k2xeo13
(°eo> eai-zlae
(8o e�-2tta p 25 50
SURV'
100 OF
4
14
j REV,. JULY 8 1998
- -L
v
31t21Pj0613
sreR FOff-sacrlo
nVIMAI
ZONED: RP USE: RESI
OA 1
P UL & LOT 20 I' j
TAMMY S. SIRK I MOTHER ADAMS, INC. LOT 19 LOT 18 l•
DB 876 PG 1418 DB 885 PG 13 ` LARRY G. &D JENNNIIFEPRG M. LaFOLLETTE i
1 _ N2733'390E 840.9-r
,w160,00 www-•�ww`80.00'. '111" 800a' w77
4.�.w+i.tiww
`T T
90 DRAINAGE --j
25' UX 22
12' � 6r7,� 5c���, T, EASEMENT
\C4 \
\C2
55
Wr 24
} 16,105 001, ,,R �r
j
WO;.,
0 L
Cs
l Cs
55.47
N27'33'39'E 539.49'
180.47'
Wr m
SEE SHEET 9 OF 14
The Frederick County Inspections Department and the
Deportment of Public Works will require a Detailed
Site Plan for Lot 22.
SEE SHEET 10 OF 14
All tots are single—family detached traditional. See Sheet 2 of 14 MINIMUM SETBACK 35QUIREMEIVis
All tots are subject to a 10' Slope & Drainage for CURVE TABLE SIDE � 10'
Easement along all rights —of —way and a 10' REAR = 0'
Lititity do Drainage Easement along ail property lines.
L:
W
WI
W
cn
it FWAL pIAT �I
TH ova a� Il° I mall° a swL'$cm E :I
Stonewall Magisterial District Frederick County, Virginia j
P. DUANE �, SCALE: 1"=50' El 8a42—HC—t.OWG"
O BROWN DATE: MAY 5, 1998
v�GO..,4 1: gg ��� w' e�iiford & atsodatJRVEYORS
ENGINIEEtS — LW PLANNERS SHEET
N0. 1285 � ti m tbft-C Rd� Anwtwlob Drlw
May 5, /998 i np*Wdm% �b 224Ot 100 �GW) 807-I1� I OF
`4N0 SUR�E�G� '� Eib-ittts + 25 50 14
Ni 9 2 �1 PS 3 6" J 4
LOT IS sTa pon-SICTION I
LARRY ZONED:RP LISE.RESIDENTIAL LO
JENNIFEW Mk LOT 17 LOT 16
1; LcFOLLETTE 1! DON ADAMS JOYCE C. ADAMS .01, �LOTI 5 T 14
DS 865 PG 3 J IDS 873 PG 1302 D8 873 PG 1295 SMOTHER ADAMS, INC.
IM N27'33'39"E &W.9-r DB 879 PG 1240
177,77
—w.6-5-7'
TO
Z 1
117
RAINAGE
EASEMENT
10
b
110 wr 25 �ff 26 LX 21
171 Lof 26 ID
�Jcw
000 K&I
V)
(n
' I i :tx
80.00'
FOR TRESS DRIvE
r%j 50' RITf f.
N2733'39*E 539.49'
-ST .3415F-
180.47'
L
SEE SHEET 10 OF 14 1;* I I
N� in
The Frederick County Inspections7n �9
w Ito Lor
Department and the Department of 1 0) � 110 1
Public Works wx require a DetailedSEESHEET il OF 14
site Plan for Lot 27
MINIMUM SETBACK REQUIREMENTS
A t single-family detached traditional. FRONT = 35
" Pots are a io' Slope & Drainage
All ots are subject to SIDE 10'
IIEasement along all rights -of -way and a 10' REAR = 25'
Utility & Drainage Easement along all property lines.
TWE RUT p,
'ru �n
U t
U OP :'Pent, M1 vii-gini
stonewall Magister r;,t Fre-leric', County, ci—
P, DUANE 1998 SCALE: 1'=50- FILE& "6042-HC-1.DWU-
ROW
BROWN MAY Jk 080datm Inc.
g r. diff*M SJRVEMRS
ENGINM LAND PLMNERS
NO. IZ85 h *rw- Mr@ak SHEET
y r99
=,*oft nia , -
100 OF
R- 50
.qo 0 25 1 14
SUIZ SU--fv4S 1
31(92�?GO 6G5
I STAR FORT-SICT110N I �
1, I
ZONED:RP U5ERESiDENTlAL
LOT 15 LOT 14
STROTHER ADAMS. INC. LOT 13 LOT 12
DO 879 PG 1240 V SEtDON, INC. at ale
DB 853 PG 650
N2M3'"E fQ.97'
39
,, `h ♦ \ �` .�'.'+ • `"..1 \ �... ter.. ,�,-
10,
` 25'
10,
DRAINAGE t
EASEME{dT—�►h � r � � k . } ` � r
;• c r
l-:I o
iI
84.54' r
N2T33'39'E 539.49'
348.50' ,
SEE SHEET 11 OF 14
The Frederick County Inspections Department and the
Department of Public Works will require Detailed
Site Plans for Lots 28 and 29.
{ All lots are single—family detached traditional.
AU lots are subject to a to' Slope & Drainage
Easement along all rights —of —way and a 10'
Utility & Drainage Easement along oil property lines.
TH 00 v
P. DUANE x
O BROWN
NO. 1285
�L,411z)8 SURVE'�op'
�: 10.52
SEE SHEET 12 OF 14
MINIMUM SETBACK REQUIREMENTS
FRONT = 35'
SIDE = IV
REAR = 25'
FINAL ?Lill
' eyl�8illf' I oUi rd 0I CS+i ®— 1TM
I
I5tonewall Magisterial District
Frederick County, Virginia j
DATE: MAY 5, 1998 -.1 SCALE: t"=50' I FILE : "6042—HC—I.DWG" .
911bert w. dltfond & cowk t A Inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
t y� 20M II SHEET,
(54 eve-21115 a� so too OF
� xt� �, of
44 0 14
BKS,2':PIG0616
'
STAR F01116SICTION I
ZONED:RP USE -.RESIDENTIAL
LOT 13 LOT i2 4 LOT 11
SELDON, INC.
SI:LDON, INC. et als
DS 853 PG 650
�11 p8 874 PG 1599
li E
N27W'39"E
840.97' N14.0432
.\\yam,\1\\•.�•. •.\\\`
ti .��. \ y�♦
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1
25'
I+
DRAINAGE
EASEMENT—+�
j
f
FUTURE
DEVELOPMENT
CP
Wray Oro,
36,M,.
� l
Li
Ll
0
SANITARY'' SEWER EASEMENT-1
25-
.._.�... �. 73.35
FORTRESS DRNE 50 P R/Y
N27'33'39"E 539.49'
348.50'
10.52'
TEMPORARY
TURNAROUND
EASEMENT
� II
G
11 a
4
r
SEE SHEET 13 OF 14
'�y{
W 1 4 ` q1q El C)Q +?he Frederick County inspections Department and the
V g to rDepartment of Public {Yorks will require a Detailed
ruccT 0 OF 14
Site Plan for Lot 30.
All lots are single—family
ila 1eet 2 of 14
Ut dope k Droinaga See or CURVE TABLE
All lots are subjec
Easement along all rights —of —way and a 10'
UtHity & Drainage Easement along all property lines.
F'WAL PLAT
4 � ° IF®UI,;Z�` Seam �
IStanewafi Magisterial District Frederick County, ^w, �� ��. •tina�-t
MINIMUM 5E1tiAUK Krwwincmc"
FRONT = 35'
SIDE 16
REAR = 25'
Virginia I�
DATE: MAY 5, IWO
,.I
1lbatt W. ellftad k O SURVEYDRS
EtNGINE — LAND PLANNERS 20p Narib OWAM **A r SHEET li
tl�+ 1 ww* wgft n ll10 avatar. wgtnia tz�
100 (�) ee7-2t3o y 7 I
tie-zt15 Q 25 50 , I� QF ;I
BX92 r Pc06 7
I�
SEE SHEET 3 OF 14
EX. 15' GAS EASEMENT V. "
�u \ •'. SEE SHEET 4 OF 14
(09 $54 PG 1178) (15.60 �`�'� ll
HILLCREST
NURSING HOME, INC.ti ' �'•
ZONED: 92
ill USE: NURSING HOME
r ; . C• 1eb 10' �, � 'li
"''� ....VIA
` /. , w ZONING '
I I w ; ! DISTRICT SUFFER
i . • CATEGORY A' � it
i,4O' ` . NO SCREENING A�
25' ACTIVE p� :
25' INACTIVE �: C2re
Ij
SAN. SEWER EASEMENT
DRAINAGE EASEMENT
w 20'
UJ
(N2422'10"Ej`� �'�y
3 10'
�( SEE SHEET 9 OF 14
FUTURE
DEVELOPMENT \
The Frederick County Inspections Department and the
Department of Public Works will require Detailed \\ II
:i Site Plans for Lots J3 and 34.
li All lots are single—family detached traditional. See Sheet 2 of 14 MINIMUM SETBACK REOUIREMENTS
to a 10' Slope & Drainage for CURVE TABLE FRONT = 35' I
All lots are subjectSIDE = 10'
Easement along all rights —of —way and a 10' REAR = 25'
Utility & Drainage Easement along aU property lines.
r FWAL PLAT
,zii of y S%T Fort a owdelm 11 ?
1!li Stonewall Magisterial District Frederick County, Virginia
I P. DUANE - DATE. MAY 5, 1998 SCALE: 1'=50'
BROWN FILE"fi042—HC—I.DWG"
O
gtlbert r. —t7Ri'ortl >k essocfates, Inc.
ENGINEERS - LAND PLANNERS - SURVEYORS
ll . No. 1295 'i 200 North C—FO Mast f SHEET,
Ill" Ode Cranrld DOw lbeKrhr, Vl to 22M 'I.
.j Y ly 8, 1998 rMft*MbwI;, vr>�nlo 22401 (50) 067-2139 8
< o¢ (MM W-2115 0 25 50 100 I of
% SURvC( 14
J REV: DULY 8, 1998
i
BI(° 21 ?IG06'J 3
SEE SHEET 4 OF 14 I
i LX 22 If !I
}
SEE SHEET 8 OF 14
i It ���
1 ��'y�/ 1002EN
\
R
SAN,1'SEWER EASEMENT
IG p9 k
ti,ti,�• R /
ti •�', 6 r M
20' l5,0
00 sa,�
\ti;.� \�
DRAINAGE EASEMENT_.,�
"L
is
r
o I�
.............�Fli
xI,
_J �_ - -
30.05'
FUTURE
DEVELOPMENT
The p artment of Public WorksfWill reqions uire Detaileartment d
the
1E 02C for Cots 35 and 38.
All lots are single-family detached traditional. See Sheet 2 of 14
All lots are subject to a 16 Slope & Drainage for CURVE TABLE
Easement along all rights-of-wav and a 10'
utility & Drainage Easement along all property lines.
Tx vF
o <,tNP, DUANE )
BROWN
ON. 1285
May 5, f9YB
o SURyf-,OR.
I'
!I
1-01'
MINIMUM SETBACK REQUIREMENTS
FRONT = 35'
SIDE 10'
REAR = 25'
FINAL PLAT
Stonewall Magisterial District Frederick County,
dbett v. dfefo� 8 a�totea ha i
ErIgNIEERS - LAND PLANNERS - Ca � li SHEET lilil
I1 � _
(fila) Sib-29t5 l00 (No 167 21Ji 1 OF 1
0 25 50 14 t
i
BK92 ! PG0619
SEE SHEET 4 OF 14
!+ SEE SHEET 5 OF 14 1;
22
I iit 1.a�T, 25 UY 2b
FORTRESS DRI ry 50' R ITF a 1'
wi
'!m gar C 5— —�
+IW f1.S4',i 108.93 w
C16
N -7
154'21 143.93'
S27'33'39"W 853.20'
F U T U R E D E V E L 0 P 14 E N T
DRivEWAY ACCESS to Lot 38 shall be provided from SEN77NEL DRIVE:
The Frederick
Works will require Detailed Site ecUons Department
Plans tand for Lots ea, and�.388.. t
of
Ali jots are single—family detached traditlonal. See Sheet 2 of 14
All lots are subject to a IV Slope do Drainage for CURVE TABLE
Easement along all rights —of —way and a 1d
Utlity & Drainage Easement along aA property lines.
MINIMUM SETBACK REDUINLMtNIt,
FRONT = 35'
SIDE o 16
REAR = 25'
FINAL PLAT
a OP
�� Frederick County. Virginia
;Stonewall Magisterial District
C3 PBROWNE DATE: MAY 5. 1996 SCALE: f"=50' FILE04
"82—HC—i.OWG"
g1bvt tr. dlfford 8l amxlatf^ 1eo. + Ij
ENgNimm — LAND PLANNERS — SURVEYORS
NO. 1285 109-C tide Cft no Nato 0M aan tlbaf SHEET
Mar 5, /998 I RrdRblo6uo. V 10
n4m (6f)0e7-2130 O
vE�i 14
OR. I (50 M-2115 0 15 50 7� F
l
,, SUR ; I� I'
OK921 PG0620
i
SEE SHEET 5 OF 14 i
SEE SHEET B OF 14
9.a 25 't' I,Qt 26 h.0r 21 161 0f 28 :i �0' 29
FORTRESS DRIVE 50 RIW
27'33 39 E 539.49 I�
r 180.47 c
i h �i° t15.D0'
w C17 N
iN �! inI��
ZA
! rN'� I ( 15,644 5aft, i V�
+ N� ,i L
— _ 1 25.00'i 25.001i ,.,.,��50.00,
S2733'39"W 853.20'
I� FUTURE TURE DEVELOPMENT
DRIVEWAY ACCESS to Lot 39 shall be provided from SENTINEL DRIVE
!) The Frederick County Inspections Department and the Department
I
of public works will require a Detafted Site Plan for Lot 39.
All lots are single—family detached traditional. See Sheet 2 of 14 MINIMUM SETBACK 3E3�N11REMENTS
All lots are subject to a 10 Slope &Drainage for CURVE TABLE SIDE IV
ii+ Easement along all rights—of—rray and a 10' REAR = 25'
Utility dr Drainage Easement along all property liner.
Tx of y�
1
P. DUANE S
a BROWN
a
M� PUT
o°faff -Fort M1
Frederick County, Virginia
..�__ _...�rr u,..,c�+e.Pnl flictrict
ENGINEERS
I: teo-o irae anNrndeh �
LAR1u rLAnnrnu
�A011aM SHEET
Can+ren +i
IO�� �—x1Je I� f 1
i OF
0
BK92 I PG062 I
SEE SHEET 6 OF 14
SEE SHEET 7 OF 14
;
� 29 ii L4f3o Is01'3
A � I
ii
S DRIVE 50' RIW
N2T33'39'E 539.49'
34&50'
113.50,
�w�� li�
Ld
52733'39'W g5.120'
FUTURE 0 E V E L 0 P M E N T
DRIVEWAY ACCESS to Lot 40 shall be provided from CALIBER COURT.
i
AU lots are single—family detached traditional. See Sheet 2 of 14 MINIMUM SETBACK REQUIREMENTSi,
Alt lots are subject to a 10' Slope do Dralnage for CURVE TABLE FRONT 3 35' II
Easement along W rights —of —way and a 10' SIDE t0'
' 25
REAR =
jjj utility k Drainage Easement along all property Imes.
FINAL PI
AT �I
�;fPOOH OF yj
IlStonewall Magisterial District Frederick County, Virginia ;j
P. DUANE �, 1"=50' FILE .-6042—HC-1.OwG"
BROWN •
OATE. MAY 5, 1998
Abert
, SCA
w. dtft d & cme )*tee, ins
— SURVEYORS
NO. 1Et35
ENGNS
— LAND FLMNERS
� li
SHEET.;
May 5/498
y ,
it 1lPed�%Mbw% Wf *
. wow!
t6so) eb7^21�
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OF
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SEE SHEET 7 OF 14
P, i�
a
r
O i,
Wj U li 9l 7
FOR TRESS DRIVE
N271W3VE 539.49'
34&50' 10.52'
50' R W
E-i�+ a1
si C19
TEMPORARY
1URNAROUND
�1y EASEMENT-7
1
�$ Nt4„0ju
32.4p 43.
1 FUTURE
:S -I i* 1 D£VEL0PWENT
14 ka
N C4
' 1
11
I L..
.. 25.00" 25.00' 156.55'
S27'33'39"W 853.20'
FUTURE DEVELOPMENT
DRIVEWAY ACCESS to Lot 41 shall be provided from CALIBER COURT
Ilse Frederick County Inspections Department and the Department
of Pub11C Works will require a Detailed Site Plan for Lot 41.
AD lots are single—family detached traditional. See Sheet 2 of 14
AD lots are subject to a 10' Slope & Drainage for CURVE TABLE
Easement along all rights —of —May and a IV
UtIlty & Drainage Easement along ail property lines.
,TH 00 D�
1
i
P. DUANE
O BR13WN
ND. 1295
May 5,1998
<q� SURVEY
MIN1IAUM SETBACK REQUIREMENTS
FRONT = 35'
SIDE 10'
REAR = 25'
FINAL PLAT
Stonewall Magisterial District Frederick County,
Virginia ;I
yr qIbet w. diffWd & aaoda" ha: 1s
ENdNIE — LAND PLANNERS SURVEYDRSZoo worth emmm arod SHEET
1100-0 olds: oft" ""Mdr, wom Ew 13
Z ( t6 p 401 25 50 100 {� "7-nay of ')
!, s>� ,i 14 II
BK92 r PGOE 23
'I HIItCREST NURSING HOME. INC.
D ZONED B2 99 9
I USE: NURSING HOME J
I F
i 40
EX. 15' GAS EASEMENT 2
(D8 854 PG 1178)
EASEMENT
1
DRAINAGE ,
5D' ZONING J
DISTRICT BUFFER
IV CAZEGORY A 10
/ No ORE
VEI.aPRMENT SCREENING
SEE SHEti -' w " Ii
/01i
3ti w' I
�\ z'
/ z I
J' �1 I
ii
D E 25' INACTIVE
20' SANITARY SEWER EASEME" 1
100rWIT11 OF yrS
P. DUANE
O BRDVN
N0, 1285
UIr 8,iggB�4j
14 suR`e�
FINAL PLAT
Magisterial District a c^ Frederick County. Virginia :1
c11 i:4 "6042—HC—I.DWG�
DATE: MAY 0,
ggbert a.
ENGINEERS
C 0Id° onto
Fm
Ili �� kkdU% 1� 0
REV. JULY 8, 1998
dlffor+d NI: caaodctftSu
S
LAND pl�1NNERS SHEET
�SUR
ohwt 14
OF
25 50 r00 I 14
YCaM-FymmanCtMCK�(/d•0aed t m0
nCOUNTY-
duc
Thl
,19
dlyot mant thereto annexed
Yax Imp Be by Sea —
was M� nd M1401 Nava been P
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N
;Vp- ON926FU0202
THIS DEED made and dated this 18th day of December,1998, by and between
SELDOM, INC., a Virginia Corporation, RICHARD G. HARDISON, INC., a Virginia
Coalwration, and RICHARD & BYRON, INC., a Virginia Corporation, t/a
STARFORT DEVELOPERS, parties of the first part, hereinafter called the Grantors,
and THE AMERICAN NATIONAL RED CROSS, a Non -Profit Charitable Entity,
existing under the Laws of the United States of America, party of the second part,
hereinafter called the Grantee, having an address of 43 0 1101 5+LIU
1�5h►n�-fin . !�. � • 21x'Y)t�
WTTNESSETH: That for and in consideration of the sum of Ten ($10.00)
Dollars, cash in hand paid, and other good and valuable consideration, the receipt of
which is hereby acknowledged, the Grantors do hereby grant and convey with general
warranty of title unto the Grantee in fee simple absolute, together with the improvements
thereon and the app menanow tbereuato belonging, situate in the County ofFrederick,
Virginia, more particularly described as follows:
All of 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 Port" and attached to the Deed of Dedication dated
September 22, 1998, recorded October 7, 1998, in Deed Book 917, at Page
849.
Bi WIG0203
TOGETHER WTTH a non-exclusive fifty foot easement for ingress and
egress to and from Route 522 as shown on the aforesaid plat.
AND BEING a portion of the same real estate conveyed to Richard G.
Hardison, Inc., Richard & Byron, Inc., and Seldon, Inc. by Deeds dated
September 14,1995, September 14, 1995, and February 14.1996
restively, which Deeds are of record 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, respectively.
Reference is made to the aforesaid Deeds and Plat for a more particular description
I of the real estate herein conveyed and for further derivation of tide.
The Grancom do f other grant unto the Grantee a certain Easement for ingress and
egress to and from U.S. Route 522 as shown on the aforesaid attached plat in dashed lines
and further shown thereon as a portion of the proposed Fortress Drive, a road to be
dedicated to public use in the future. At the time of any future division of the B-2 portion
of Star Fort Subdivision or at the time Phase Tit of the residential development is
implemented, whichever comes first, Fortress Drive shall be built, bonded, and dedicated
for acceptance into the State Secondary Road System. Grantee by the acceptance of this
Deed, agree to lease and quit claim its interest in the casement to the County of
Frederick, Virginia, upon the dedication of the proposed Fortress Drive which includes
the right of way granted herein.
This conveyance is made subject to any and all rights ofway, easements of record
affecting the subject property, and in particular to that certain 25 foot common shared
landscape screening easement as shown on the plat drawn by P. Duane Brown, dated
0
DK926'-,G0204
August 3.1998, of record in the aforesaid Cleric's Office in Deed Book 917, at Page 854.
Grantors further covenant to place a restrictive covenant on the property herein
conveyed and on all currently owned B-2 property owned by Seller at the Star Fort
location wherein the Grantors (or their designee) shall have the absolute right to approve
andJor reject all exterior design of buildings to be constructed on this property and other
commercial properties at the Star Fort Development. Further, that all parties intending to
construct improvements on the commercial property of the Star Fort Development shall
first submit far approval drawings that depict the design and materials to be used for the
intended inaprovemeott. The designee described above may only be appointed in the
event of s conveyance of the Sellers' entire interest in the Star Fort Development or death
of one or more of Byron A. BrM, Carlin L. Smith, or Richard G. Hardison. Grantors
fiuther agree that this covenant shall be a covenant matting with the land for not only the
property herein conveyed, but also the other commercial property contained in the Star
Fort Development, and agree that tht Grantors shall record in the Frederick County Land
Reeds a restrictive covenant that provides the above as a restrictive covenant running
with the land Provided, however, that Grantors shall incur no liability on the approval or
disapproval of any pleas for the exterior design of buildings as herein before set forth.
The execution of this Deed has been duly authorized by the Directors of the
Goat=' Corporation and nothing in the Corporate Charter or Bylaws reserves the power
into the stockholders to convey a part of the corporate real property.
W
OW926PG0205
WITNESS the following signatures and seals:
SELDON, INC., a Virginia Corporation
Carlin L. Smith, President
RICHARD G. HARDISON, INC., a Virginia
Corporation
BY.-Q" h' ��mar.�.
Diane H. Johns&4Aficc President
RICHARD & BYRON, INC., a Virginia
Corporation
4e J. ka� /�tlq
BY:
' , ids
STATE OF VIRGINIA
CITY OF WINCHESTER, TO -WIT:
I, S+ct, i is F=t k , a Notary Public is and for the State and
Jurisdiction aforesaid, do hereby certify that Carlin L. Smith, President, Seldon, Inc., a
Virginia Corporation, whose name is signed to the foregoing Deed dated December
19 . 1998, has personally appeared before me and acknowledged the same in my State
and jurisdiction aforesaid
Given under my hand this �� day of December,1998.
My Commission Expires 71311-;O o
(,�J .'eqp�
NOTARY PUBLIC a +pTAN.,..
v
8K9261"GO206
STATE OF VIRGINIA
CITY OF WINCHESTER, TO WIT:
I, -'S kC� W re t rr I , a Notary Public in and for the State and
Jurisdiction aforesaid, do hereby certify that Diane H. Johnson, Vice President, Richard
G. Hardison, Inc., a Virginia Corporation, whose name is signed to the foregoing Deed
dated December (S'_, 1998, has personally appeared before me and acknowledged the
same in my State and jurisdiction aforesaid.
�nk4Y �
Given under my hand this 4f" day of Deeembe 99&.
My Commission Expires -7/31 / a o o c,
ARY PUBLIC
STATE OF VIRGINIA
CITY OF WINCHESTER, TO WIT:
aVB�W..
A
4OLIG
s
�out+'t't
I, -75"e W F"re—i i a Notary Public in and for the State and
Jurisdiction aforesaid, do hereby certify that Byron A. Brill, President, Richard & Byron,
Inc., a Virginia Corporation, whose name is signed to the foregoing Deed dated
December _La , 1998, has personally appeared before me and acknowledged the same in
my State and jurisdiction aforesaid.
Given under my hand this A� day of December, 1998,
My Commission Expires -7 ()1 ! o�,OUO
NOTARY PUBLIC
10301(A)CAOFFICE%iVI'MMCLIEN ISTAFFORTMEDCROSSMED-swf
ozNtar �a
ThiRGt L4--FR®EM�truma
ft rCOUNTYUlng tluo me to on the
---F— itIng
dayo!
. * at - •�
and wllh cailificate of L_knowledy:nent thereto annexed
w.; adUr" to recc.tl. -;dA 1111po5ed by Sac. 68.1-6o33 o1
12QO-2, and 58.1.801 have bean paid. if assessable.
I '
4'0���r��-�-tl, cferlC