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HomeMy WebLinkAbout21-04 The Townes at Mosby Station 17 Lots Shawnee - Backfile� r Subdivision Checklist f r � 1. 2. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of Winchester '�GIS (Road Name Review) Sanitation Authority Health Department Inspections Department C/ Parks & Recreation Fire Marshal County Engineer One copy of the subdivision application d/a/ Application received. I I lqllFee paid (amount: $ oej ) �l E7 OV Information entered in d-BASE and Reference Manual 0 J224, -File given to Renee' to add to Application Action Summary Plat(s) signed by Subdivision Administrator (0 4 S Approval letter to applicant/agent Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment Updated d-BASE and Reference Manual %. %,0 - 0 J�bp�� File given to Renee'- to update Application Action Summary Final plat(s) submitted with review agency signatures along with: -.------.Recorded deed of dedication — - - ------ Bond estimate (if required) $ OAOperations ManuaRsubdivision.trk Revised b/24102 c mop" AMT.OF CASH ACCOUNT I AMT. PAID BALANCE I !F1, QRDER i 7b77-111 EBY/cmj 050013G45 THIS DEED OF DEDICATION, made and dated this /o �k day of May, 2005 by and between A.M.B. Builders, L.L.C., a Virginia Limited Liability Company, party of the first part, hereinafter called the Declarant, and EREDERICK COUNTY VIRGINIA, party of the second part, hereinafter called County. WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that certain final plat drawn by Kevin D. Nelson, dated February 3, 2005, entitled "The Townes at Mosby Station", which final plats are attached hereto and incorporated herein by reference as if set out in full. This is the same property conveyed to the Declarant by that certain Deed from Jasbo, Inc., of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument Number 040001529. WHEREAS, said real estate, as shown on the aforesaid attached final plats, has been subdivided into lots for the construction of townhouses thereon and the hereinabove-reference final plats shown accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said subdivision to be used as open space, parking areas, sanitary sewer and water easements, utility, and ingress - egress easements, all of which shall constitute a portion of that development known as The Townes at Mosby Station, and which common areas shall be owned and/or maintained by The Townes at Mosby Station Homeowners Association, upon the terms and conditions as set forth hereinafter; and, - WHEREAS, the Declarant now desires to subdivide the same into lots to be known as The Townes as Mosby Station, the subdivision of said real estate is with the free consent and in accordance with the desires of the undersigned Declarant, which further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the Declarant does hereby subdivide all of that certain tract or parcel of land designated as The Townes at Mosby Station, lying and being situate in Shawnee District, in the County of Frederick, Virginia, and being more particularly described by that certain Final Plat of The Townes at Mosby Station, drawn by Kevin D. Nelson, dated February 3, 2005 containing lots I 1 through 17, inclusive, attached hereto and incorporated herein by reference as if set out in full. All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real running, with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to The Townes at Mosby Station Association, Inc., a nonstock Virginia Corporation, its successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property described as common open space, the streets and parking areas in The Townes at Mosby Station, and such additions thereto as may hereafter be brought within the jurisdiction of the Company. Section 3. "Lot" shall mean and refer to any of the Lots 1 through 17, inclusive, designated upon the final plats of Kevin D. Nelson, with the exception of the open space and parking areas, defined as "Common Areas" hereinabove. Section 4. "Member" shall mean and refer to every person of 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 Townes at Mosby Station, as shown on the hereinabove-referenced final plats, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to A.M.B. Builders, L.L.C., a Virginia Limited Liability Company, its successors and assigns. ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only 2 t.J one membership shall be accorded per lot. Membership shall be appurtenant to and may1ot be separated from ownership of any lot which is subject to assessment by the association. Ownership of such lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS Each Member of the association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article IL 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 in respect to any lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a board of not less than three (3), but no more than five (5) directors, who must be members of the association. The initial board of directors shall be appointed by the Declarant herein and serve until the first annual meeting following conveyance of the first lot in The Townes at Mosby Station to a grantee other than A.M.B. Builders, L.L.C., thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. TREASURER The board of directors shall decide whether or not the Treasurer of the association shall be bonded with surety; and if so, the expense of such a fidelity bond for the treasurer to be borne by the Association. ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of EWoyment: Every Member shall have a right and easement of enjoyment in and to the "Common Areas", specifically including but not limited to the rights of ingress and egress across the aforesaid "Common Areas" and such easement shall be appurtenant to and shall pass with the title to every assessed lot, subject to the following provisions: (a) The rights of the association, in accordance with its Articles and bylaws, to borrow money for the purpose of improving the aforesaid "Common Acres". The association is further empowered, with the consent of at least two-thirds (2/3) of the members, to mortgage 3 IV the area in said Subdivision designated as "Common Areas" to secure any such borrowed funds, but such mortgage shall be subordinate to the rights of the Homeowners hereunder. In computing the required vote of the members in connection with any such mortgage of the "Common Areas", the lots owned shall be given notice of any such proposed mortgage of said "Common Areas" as set forth in Paragraph (c), infra. (b) The rights of the Association to suspend the voting rights and the right to the use of the "Common Areas" by a member for any period during which any assessment against his lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than thirty (30) days nor more than sixty (60) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. "Title to the "Common Areas": The Declarant, or such other entity as is invested with title at the time of conveyance, hereby covenants that fee simple title to the common open space and parking areas (referred to hereinabove as "Common Areas") will be conveyed to the Association. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each lot owned, hereby covenants, and each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay the association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected for time to time as hereinafter provided. The 4 annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time of the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. PMMF& of Assessments: The assessments levied by the Association shall be used exclusively for the following purpose, to -wit improvements and maintenance of the "Common Acres", specifically including, but not limited to, payment of real estate taxes, repairs, removal of snow from association -owned and maintained parking areas and streets within said subdivision, maintenance and repair of any drainage and detention facilities, maintenance of street lights and payment of all utility charges therefore, maintenance and repair of utility and drainage easements, maintenance, and services and facilities devoted to the aforesaid purposes and expenses related to the use of and enjoyment of the "Common Areas"; and further, for the purpose of promoting the recreation, health, safety and welfare of the residents in the "Common Areas" of The Townes at Mosby Station. Section 3. Basis and Maximum Annual Assessments: Until January I of the year immediately following the conveyance of the first lot to an owner the maximum annual assessment shall be $600.00 per lot for all lots 1 through 17, inclusive. Globe USA at Mosby Station, L.L.C., and A.M.B. Builders, L.L.C., is expressly excluded from all assessments. Payments will be $50.00 per month. (a) From and after January I of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment per lot may be increased above that set forth hereinabove by a vote of the members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of 51 % of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days of 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 5 in which the association is authorized to participate under its Articles of Incorporation. The maximum annual assessment hereunder shall be subject to the limitations set fourth in paragraph (c) infra. (b) After consideration of current maintenance costs and future needs of the association, the board of directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for CaRital Improvements: In addition to the annual assessments authorized above, the association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the "Common Areas", specifically including but limited to maintenance, repair and improvement of any association -owned parking areas and streets with said subdivision, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of 2/3 of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authorized 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 67% 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 %z of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Date of Commencement of Annual Assessments - Due Date: The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the first lot to a grantee other than A.M.B. Builders, L.L.C. 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 C established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent if the assessments are 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 file a Notice of Lien among the land records and foreclose said lien against property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his lot. Section 8. Subordination of the Lien l9 Mortgages: The lien of the assessments provided herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any lot Sale of transfer of any lot shall not affect the assessment lien. However, the sale of transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Lot Transfer Fee: Every lot or parcel of property subject to this Deed of Dedication is subject to a Lot Transfer Fee. Upon the sale of any lot in The Townes at Mosby Station, the purchaser of such lot shall pay to the Homeowners Association a transfer fee of $100.00. Such fee shall be paid to the Association at the closing or settlement of the property. A notice of this requirement shall be contained in every deed conveying the subject lots. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) Any property owned by the Association; (b) All properties dedicated to and accepted by a local public authority; (c) Any and all lots owned by Declarant, its successors or assigns for which a final Certificate of Occupancy has not been issued by the County of Frederick, Virginia, or such other agency 7 having jurisdiction thereof; and (d) All properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia- However, no residence occupied as 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 "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the County of Frederick Zoning Ordinance, The County of Frederick Zoning Ordinance and any and all amendments thereto is by this reference made a part hereof as if set out in full. Section 12. Dissolption of the Association: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created or for general welfare of the residents of The Townes at Mosby Station. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the members of the association as tenants in common. ARTICLE VI RESTRICTIVE COVENANTS The lots in The Townes at Mosby Station (lots 1 through 17, inclusive) shall be subject to the following restrictions, which are constituted covenants real to run with the land. All lots shall be used for townhouse residential purposes only. No townhouse may be modified to provide for an additional garage thereto after such townhouse has been erected. 2. No more than two (2) unrelated adults may reside in the home at any time, whether they are owners of the said lot or tenants. 3. No profession or home occupation shall be conducted in or on any part of a lot; provided, however, that Declarant, its successors and assigns reserves the right to use one or more of said lots or a portion of the "Common Areas" for business purposes in connection with the development, sales and operation of said townhouse Subdivision. 4. No signs or advertising of any nature shall be erected or maintained on any lot except "For Sale" signs for said lot which signs shall not exceed five (5) square feet in area, or signs used by the Declarant to advertise the property during construction and We. No "For Rent" signs shall be allowed on any lot. 5. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks, or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. Ownership of each lot shall entitle the Owner thereof to the use of not more than two (2) vehicular parking spaces which shall be as near and convenient to said lot as reasonably possible, together with the right of ingress and egress upon said Parking Area. 6. No vehicles shall be parked in an area other than the parking lots constructed by Declarant in The Townes at Mosby Station. No motorized vehicles of any kind shall be permitted upon any areas within said Subdivision except for the streets and parking areas constructed by Declarant. No right of vehicular access shall exist across any lot in said Subdivision except for those areas upon which streets or parking areas have been constructed by Declarant. 7. No animals of any kind (including livestock and poultry) shall be permitted on any lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers: and further, provided that no dogs shall be permitted to run at large without restraint in said Subdivision. No dog may be tied and left unattended outdoors. Further, no doghouses or other structures housing any animal shall be allowed on any lot whatsoever unless the lot is improved by a privacy fence. 8. There shall be not fencing or hedges in the front of any of the townhouse units and all fencing to the rear of the townhouse units shall be attached to the individual unit, and be one inch by six inch pressure -treated lumber on both sides of board -on -board fence not higher than six feet, provided further, that there must be a gate at rear to access the back yard. Any fences that are stained must use clear stain and no painting is allowed. No fence shall be constructed until the Board of Directors of the Association shall have approved the same. 9 u 9. No noxious of offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance of nuisance to the neighborhood. 10. In the event that a dwelling is destroyed, the Owner of the dwelling within thirty (30) days from said destruction, shall clear away the portion of the dwelling unit and maintain the lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 11. Each owner shall keep all lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management in the event an Owner of any lot in The Townes at Mosby Station, shall fail to maintain the premises and the improvements situated thereon as provided herein, the Association, after notice to the Owner as provided in the Bylaws and approval by two thirds (2/3) vote of the Board of Directors, shall have the right to enter upon said lot to correct drainage and to repair, maintain and restore the lot and the exterior of the building erected thereon. All cost related to such correction, repair or restoration shall become a special assessment upon such lot. 12. The general rules of law regarding party walls and liability for property damages due to negligence of willful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one of the Owners. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has use of the wall may restore it and if the other Owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the owners under any rule of law regarding liability for negligence or for willful acts or omissions. 10 13. Notwithstanding any other provision of this Article, an Owner by his negligence or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successor in title. 14. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incubators or other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the date of garbage pickup. 15. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical and telephone wires. 16. No baby carriages, bicycle or other articles of personal property shall be deposited, allowed or permitted to remain outside of any townhouse except in the enclosed rear area. The Association shall specifically have authority to impound all such articles that remain outside in violation of this provision and to make a charge for the safekeeping and return thereof. 17. No exterior clothesline, or hanging device shall be allowed upon any unit, except for an umbrella -type one with a diameter not exceeding seven (7) feet, provided same is located in the rear of the unit. No clothes, or other washing, shall be dried outside except during the hours from 7:00 a.m. to 7:00 p.m. 18. The color of the paint on the exterior of every building on each lot shall be the same as the original color unless approved in writing by the Homeowners Association. 19. No building, structure, addition or exterior alteration (including basketball backboards and storage buildings/sheds) or improvements of any character shall be constructed upon any lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plat of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Homeowners Association as being in harmony with 11 the whole Subdivision, especially the adjoining townhouse unit. 20. If in the construction of any dwelling by Declarant there occurs an encroachment then such encroachment shall be deemed a perpetual easement for the benefit of the dominant lot. 21. No lot upon which a townhouse has been constructed shall be further subdivided or separated into smaller lots by any Owner and no portion less than all of such lot nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. 22. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additionally successive ten (10) year periods unless the Owners of a majority of lots in The Townes at Mosby Station, shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 23. The invalidation of any one of the covenants or restrictions contained herein by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect. The failure of the lot Owners or the Declarant herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. The Declarant reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, and restrictions as into the sale or transfer of any future lot or lots except that it cannot change the provisions concerning open space easements without the permission of Frederick County and except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions and conditions upon any other lots. The Declarant does further reserve the right for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions as to the sale and transfer of any future lot or lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 12 ARTICLE VII "- EASEMENTS Section 1. Public Utility and Drainage Easements: The property dedicated hereby is subject to those certain easements or rights of way designated as Drainage Easements, Gas Easements and Utility Easements on the aforesaid plat of The Townes at Mosby Station. The Declarant does hereby grant and convey unto the County of Frederic, Virginia, or other agency having jurisdiction thereof, perpetual right of way or easement for the maintenance facility designated on the aforesaid plat as Water Easements, Sanitary Sewer Easements, Gas Easements and Utility Easements. Section 2. Rsservations: (a) The Declarant reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas water and television lines and related equipment, and other utility equipment where such utility lines and equipment are located within the easements set forth on the final plats of The Townes at Mosby Station, and other "Common Areas", as needed, provided that such easements shall not interfere with the use and enjoyment of the "Common Areas". (b) The Declarant further reserves unto itself, its successors or assigns, for a period of five (5) years from the date of conveyance of the first lot in The Townes at Mosby Station, a blanket easement and right on, over and under the ground within said Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes, or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the Declarant shall restore the affected property to its original condition as near as practical. The Declarant shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the Declarant an emergency exists which precludes such notice. Reservation by Declarant to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Declarant therefore. ARTICLE VII GENERAL PROVISIONS Section 1: Enforcement: The Association, its successors or assigns, or any Owner, 13 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 covenants or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. 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 fifteen (15) years from the date of this Declaration after which time, said covenants shall be automatically extended for successive periods of ten (10) years, as described under ARTICLE VI. Restriction No. 21, supra. The covenants and restrictions of this Declaration may be amended as set forth in said restriction. Any amendment must be properly recorded. Section 3. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event such dedication is refused acceptance, such assets shall be granted, conveyed or assigned to any non-profit organization, for similar purposes. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned Declarant of the land being subdivided, and is in conformity with the provision 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, or other agency having jurisdiction thereof. The designated "Common Areas" are not dedicated hereby for us by the general public but are dedicated to the common use and enjoyment of the homeowners in The Townes at Mosby Station, as provided hereinabove. 14 WITNESS the following signature and seal: A.M.B. BUILDERS, L.L.C., a Virginia Limited Liability Company By: (SEAL) STATE OF VIRGINIA CITYICOUNTY OF--Jj&'C3& , To -wit - I, Lcw_ Lot Qcm- , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that a _ Ake" , a duly authorized officer of A.M.B. Builders, L.L.C., whose name is signed to the foregoing peed of Dedication dated leday of May, 2005 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this ICF '' day of May, 2005. My commission expires R,a«S oe� CLWA Thu murumem was prepared by 8dwm 8 YOU Kuykendall, Johnston, McKee 8 Suder, P L C 112 South Cameron Smxn Winchester, Vrryinia 22601 (50) 662 S486 Notary Public / C.'\NPDQCS\6eedofDedLCatfon\ambbuildeie.dod.wpd 15 NOTES: 1. THE PROPERTY DELINEATED ON THIS PLAT IS SHOWN ON FREDERICK COUNTY TAX MAP 75M, SECTION 2, PARCEL BA AND IS ZONED RESIDENTIAL PERFORMANCE. 2. THE PROPERTY IS SUBJECT TO EASEMENTS OF RECORD. 3. BOUNDARY INFORMATION FROM EXISTING LAND RECORDS. FREDERICK COUNTY SANITATION AUTHORITY SUBDIVISION ADMINISTRATOR -- DEPARTMENT OF TRANSPORTATION FREDERKX SUBDIVISION SITE VICINITY MAP OWNER'S CERTIFICATE SCALE: 1" = 2000' THIS IS TO CERTIFY THAT THE LAND DEVELOPMENT AS APPEARS HEREON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DEISRE OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY, AND IN ACCORDANCE WITH THE REQUIREMENTS OF THE FREDERICK COUNTY SUBDMSON CONTROL ORDINANCE AMB B ILDERS, L.L.C. COUNTY/CITY OF �i STATE OF ��>��__------_------------ �------- TO WIT: THE FORGOING OWNERS CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS-yc6___ DAY --------- 2005 BY AMB BUILDERS, L.L.C.. I-yna A "Lz-) NOTARY PUBLIC MY COMMISSION EXPIRES: SURVEYOR'S CERTIFICATE: 1, KEVIN D. NELSON, A LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, DO HEREBY CERTIFY THAT THE LAND EMBRACED IN THIS SITE IS NOW IN THE NAME OF AMB BUILDERS, L.L.C. AND WAS ACQUIRED FROM JASBO, INC. BY DEED DATED JANURARY 9, 2004, RECORDED IN INSTRUMENT NUMBER 040001529 AMONG THE LAND RECORDS OF FREDERICK COUNTY VIRGINIA. IN D. NELLON JL . S . No . 002419 o y�� '� b2 oav •� KEVIN D. NELSON No.002419 COPYRIGHT 2004. NO REPRODUCTION OR USE OF THIS DRAWING 15 ALLOWED IN PART OR IN WHOLE BY ANY PROCESS WITHOUT PRIOR ram;, FINAL PLAT OF THE TOWNES AT MOSBY STATION SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE 1" = 50' DECEMBER 30, 2004 ' Amma William H. Gordon Associates, Inc. ENGINEERS • SURVEYORS • LAND PLANNERS • LANDSCAPE ARCHITECTS 24 West Piccadilly Street, Suite A Winchester, Virginia 22601 (540) 542-1737 SHEET 1 OF CURVE TABLE: CURVE ARC LENGTH RADIUS DELTA TANGENT CHORD CHORD BEARING Cl 418.06' 795.00' 30°07'48' 213.99' 413.26' N38055'57"W C2 16.04' 18.00, 51003*33' 8.60' 15.52' S05001'37"E C3 28.27' 18.00, 90000,00" 18.00, 25.46' N72044'15"E C4 19.10, 19.00, 57036'09" 10.45' 18.31, N01003'49"W C5 8.85, 16.00' 31042'22" 4.54' 8.74' N46014'34"W C6 3.76' 13.00' 16033'45" 1.89, 3.74' N46012'47"E C7 234.50' 781.00' 17012'13" 118.14' 233.62' N33049'01"W C8 1 31.52' 95.66' 18052'48" 15,91' 31.38' N34057'31"W C9 44.03' 107.66' 23025'51" 22.33' 43.72' S37012'59"E CIO 203.28' 769.00' 15008'46" 102.24' 202.69' S32°47'09"E C11 5.61' 2.36' 136020'50" 5.88' 4.37' N64°55'20"E C12 39.87' 61.00' 37°27'13" 20.68' 39.17' N05011'29"E C13 16.21' 58.00, 16000'41" 8.16, 16.16' N39940'29"E C14 24.58' 18.00, 78014'12" 14.64' 22.71' N08033'43"E C15 6.28' 4.00' 90000,000 4.00' 5.66' S75033'23"E C16 59.59' 69.00' 49028'42" 31.79' 57.75' S05007'32"E C17 6.31, 5.50' 65046,19" 3.56' 5.97' S13°16'21"E C18 101,43' 769.00' 7033'27" 50,79' 101.36' S49056'14"E C19 105,01' 781.00' 7042'13" 52.58' 104.93' N49959'47'W C20 5.36' 69.00' 4026'57" 2.68' 5.36' S35°08'42'W C21 8.56' 69.00' 7006'20" 4.28' 8.55' N26°18'43"W AREA TABULATION: LOTS (17) 37.208 SQ. FT. OR 0.85418 AC. PARCEL A 72,574,$0. FT, OR 1.66607 AC, TOTAL AREA 109,782 SQ. FT. OR 2.52025 AC. LINE TABLE, LINE BEARING DISTANCE L1 N54029'40"E 10.33' L2 N62015'45"W 9.14' L3 S62015'45"E 9.14' L4 S30°3323"E 12.00' L5 N59026'37"E 12.00' L5 S59026'37"W 10.00, L7 S37022'11"W 8.76' NL, TIH OF r y O +� v KEVIN D. NELSON No.002419 COPYRIGHT 2004. NO REPRODUCTION OR USE OF THIS DRAWING IS ALLOWED IN PART OR IN WHOLE BY ANY PROCESS WITHOUT PRIOR WRITTEN AUTHORIZATION FROM WILLIAIA H. GORDON ASSOCIATES, INC FINAL PLAT OF THE TOWNES AT MOSBY STATION SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE 1" = 50' DECEMBER 30, 2004 William H. Gordon Associates, Inc. ENGINEERS " SURVEYORS • LAND PLANNERS • LANDSCAPE ARCHITECTS 24 West Piccadilly Street, Suite A Winchester, Virginia 22601 (540) 542-1737 SHEET 2 OF 2112-0101 1 'i,;n I R.iF I Bran Gn r. 91 >)-m ni vpm NORTH VA STATE GRID fNifRiM+ FINAL PLAT OF THE TOWNES AT MOSSY STATION SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE 1" = 50' DECEMBER 30, 2004 50' 25' 0 50' 100' 150' Milligm S. Gordon Associates, Inc. GRAPHIC SCALE: 1 "=50' ENGINEERS • SURVEYORS - LAND PLANNERS • LANDSCAPE ARCHITECTS 24 West Piccadilly Street, Suite A Winchester, Virginia 22601 COPYRIGHT 2004. NO REPRODUCTION OR USE OF THIS DRAWING IS (540) 542-1737 SHEET 3 OF 6 ALLOWED IN PART OR IN WHOLE BY ANY PROCESS WITHOUT PRIOR "In n4n4 Ten a NORTH N533$ VASTAaR+� 6fi slowa% Mm m m3av� a►a IN N 14.44' LOT Gy 12 LOT 13 LOT 14 --�LOT 15 LOT 16 LOT 17 mft %ft NL )LS50N o�FINAL PLAT o °�°THE TOWNES AT KEviN DMOSBY STATION No.0SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE 1" = 50' DECEMBER 30, 2004 l4 S 50' 25' 0 50' 100' 150' m1t= William H. Gordon Associates, Inc. GRAPHIC SCALE: 1 "=50' ENGINEERS • SURVEYORS • LAND PLANNERS • LANDSCAPE ARCHITECTS 24 West Piccadilly Street, Suite A Winchester, Virginia 22601 COPYRIGHT 2004. NO REPRODUCTION OR USE OF THIS DRAWING IS (540) 542-1737 SHEET 4 OF 6 ALLOWED IN PART OR IN MOLE BY ANY PROCESS WITHOUT PRIOR -- ,.. ..,-- NORTH VA STATE �RfD C- PARCEL A 20' SANITARY SEWER ESM'T. 20' WATER LINE ESM'T.---.., LOT 7 z0T 8 N5738'44 31.66' EX. 30' STM. ORN. O.B. 895, PG. 475 ~� S15^43'1f LOT 12 zo LOT 13 LOT_....._. LOT 14 �r " --- � !0 ' LOT 15 co ...._—'� 0 LOT 16 j 0' waft gift 104 LOT 17 N/F S27`44' 1`� zo 10. GRawwom BAPTIST CHURCH �I `` _ za r- RP USE Rf5VfVr1AVfU7URE CHURCH 2 03 TA/.• 75-A-104C 1, l L`� W n = V) x w (,)KEVN,D TH op �f�FINAL PLAT Nf°sTHE TOWNES AT . ELSON MOSBY STATION 02419 SHAWNEE MAGISTERIAL DISTRICT 7"FREDERICK COUNTY, VIRGINIA 4SCALE 1= 50' DECEMBER 30, 2004 UBV - v 50' 25' 0 50' 100' 150' william H. Gordon Associates, Inc. GRAPHIC SCALE: 1 "=50' ENGINEERS - SURVEYORS - LMD PLANNERS - LANDSCAPE ARCHITECTS 24 West Piccadilly Street, Suite A Winchester, Virginia 22601 COPYRIGHT 2004. NO REPRODUCTION OR USE OF THIS DRAINING IS (540) 542-1737 SHEET 5 OF 6 ALLOWED IN PART OR IN M10LE BY ANY PROCESS WITHOUT PRIOR __ d Q N/F USE: RE'9'D£ IN 15.43' 180E �� ;,,,M. �' 7SM-2-8-z 20.52' Im.- RP 08 9 LOT 2 257 EXI75' INACTNE BUFFER N/F 8RA&EY FIELDS & STEPMW Q R&DS ZONE:• RP USE RESDENTW T& 75M-2-8-3 INsr./ 02-1473 LOT 3 N/F WEREY 0 8• DFAMY D088S ZOME:• RP USE- RES'ID&ML TM. 75M-2-8-4 D8 956. PIG 1714 3 ^ LOT 4 --AlfF _.. WKL69AI SCOTT &— CHERYL K BEASLEY N 00 ZOAaE• RP USE- RESIDEN7W m W o 1M.• 7-W-2-8-5 D8 941, PG 1610 LOT 5 EX. 20' F.C.W.A. ESM'T. D.B. 898, PG. 475 N/F MUM J CL£MENTB ZONE:• RP N LLSf.• RaveNrAL TM. 75M-2-8-6 08 955, PG 579 LOT 6 NIF -- N RODNEY W dr M£USM D. BUTLER NiD ZONE:RP UM'.- R£SIDENTLIL Till.• 75M-2-8-7 BYST./ 01-1027 LOT 7 EX. 20' SAN. SEW. ESM'T. ,�,•, D.8. 898, PG. 475 Sr, - „LASE W d.8, ggs, DRtjpG 475' E$M� V RP USE-t/ACANT 7M• 7SY-2-B-8 DO 898, PC 475 _=0T 8 NORTH JVAiiiiii�VA STAB GRID !',,NL T11 6 o� Gr FINAL PLAT OF v KEVIN D. NELSON THE TOWNES AT MOSBY STATION No.002419 SHAWNEE MAGISTERIAL DISTRICT -1y FREDERICK COUNTY, VIRGINIA SCALE 1" = 50' DECEMBER 30, 2004 lgNb SURv��O 50' 25' 50' 100' 150' William H. Gordon Associates, Inc. GRAPHIC SCALE: 1 "=50' ENGINEERS • SURVEYORS • LAND PLANNERS • LANDSCAPE ARCHITECTS 24 West Piccadilly Street, Suite A Winchester, Virginia 22601 COPYRIGHT 2004. NO REPRODUCTION OR USE OF THIS DRAWING IS (540) 542-1737 SHEET 6 OF 6 ALLOWED IN PI1RT OR IN WHOLE BY ANY PROCESS WITHOUT PRIOR r... ..,...,R%?� ... �.,... .... .... .. ...e,.,.. .��.,- wrra ►r ��i�_n�n� IIII PAP AP.An Fu F• q w)-nine RPnt nwn Q rw z VIRCANIA- FRT_LERICK COUNTY, SCT. Thi: instrvnt,ttt c t tinK produced to tcie pt1 �t "T 0111cate of m..Rnow}<<d&cn t.nt t;lercto annexed '..:�, ;tu. t�•,f tc, ; L1�Tl�. T tn�ed �.' Sec. SR, t-it�2 of wid 519.I-&91 have been paid, if aswssable ��-•c , Clerk k CO� Y of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 12, 2006 Globe USA 21670 Channing Court Ashburn, VA 20147 RE: The Townes at Mosby Station Dear Sir or Madame: I have had the opportunity to conduct a site inspection for The Townes at Mosby Station in Frederick County, on September 11, 2006. It is Frederick County's policy that Certificates of Occupancy will not be released until all improvements have been completed. As you proceed with this project, please address the following comments prior to seeking a Certificate of Occupancy. 1. Ten foot asphalt trail along Tasker Road. 2. Five foot concrete sidewalks within the residential development, along both sides of Cross Keys Place. 3. All landscaping and screening elements, including a six foot berm along Tasker Road. If you have any questions, please feel free to call me at (540) 665-5651. Sincerely, Bernard S. Suchicital Planner I BSS/bad CC: The Bryan Group, LLC, 1950 Old Gallows Road, Suite 200, Vienna, VA 22182 AMB Builders, LLC, 1820 Roberts Street, Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Outstanding issues at: The Townes at Mosby Station • 10' asphalt bike along Tasker Road • Sidewalks within the development • All landscaping and screening elements, including the 6' berm along Tasker Road. Staff s notes: Units on Lots 7-11 have been completed, no sidewalk has been installed. The approved subdivision design plans call for a 5' sidewalk in front of these units, but the developer has fully sided and landscaped the front yards. Foundations have been poured for Lots 12-17. I n �tti.�iF 2 72 6 q 1 1� oY t7�-1li Try, ZZ(?JZ ,4 �C ig2o �uSP��s Sfi G R olu7o 1 ' 4. co J,� 2 •C - R �' � 51 D N �y�� 8 W o 8 S 8» �\A NSSEMB GV UA M cp oD J $ x 12 N 'o Nov �3g 53 FF` can 22 o Y <TIPj cc o CDry o \, �39,53 FF, c�,M .60' W y CDo 46 ,39 43 FF` ,n o� o 9 93 Q 738 73 FP, 20 c� 9 73 ?39• 8.73. �') `O o 33 N o 1 3g • 0 CD (, o o 'gip �p OCA 00 —!� y O 5 n Q �o oo ��Q NP owe OD -A QD o �p� �� o �o J rno-1 n� �ZZ cs Q 0\ u-. Co O 42' ACCESS ESMT 40' BRL AND LIMIT — 10' F INACTIVE BUFFER -''— 15� RCP .. BlPIPE ©R.giAv4oBIKE PATH 10' ASPNA� , 60'-18" CP PIPE R`7 A--4 g 408 06 �,<` ` DE GRAVES SHOULDER PROP. ROP. WHITE' S WI STOP SIGN STOP BAR ROP. STRIPING .m r - EP / g i ..c".`-.2 "'a,a.� 'Ccp'�i LSTei [k�i• .,..e 1 ! L+' CVO' 11+00 _ ; 1 — EP Q TAPER p' TURN LANE - — „ 150 ' NOTE. SEE SHEET #�5 z COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 21, 2005 Kevin Nelson William H. Gordon Associates, Inc. 24 W. Piccadilly Street, Suite A Winchester, VA 22601 RE: Final Plats -The Townes at Mosby Station Dear Kevin: This letter is to confirm that I have reviewed the Final Plats for The Townes at Mosby Station. You will need to address the following comments: 1. Need to change Frederick. County Health Department on cover sheet. 2. Need to delineate dedicated open space on plats. 3. Need to delineate ten foot bike path on pages 3, 4, and 5. 4. Need deed of dedication for this subdivision. 5. Need deed and page for water and sewer easement on page 5. 6. Deed of dedication shall include all easements. If you have any questions call (540) 665-5651. Sincerely, Mar R. Cher Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 al-64 r4 -5L-io v kY Y 3 no� COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 May 11, 2005 Mr. Bryan Martin C/O AMB Builders, LLC 7705 Main Street Middletown, VA 22645 Ref: Townes @ Mosby Station Route 642 Frederick County Dear Mr. Martin: JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 Enclosed is your approved Land Use Permit #855-7119 to cover the construction of one turn lane and taper at the referenced location. Please ensure a copy of the approved permit assembly is kept at the job site whenever working within the Route 642 right-of-way. I would also like to remind you of the need to erect and maintain proper traffic control in accordance with our Virginia Work Area Protection Manual. If you have any questions concerning the permit requirements or during construction, do not hesitate to call. Sin , Philip A. Baker Hwy. Permits & Subd. Specialist Sr. PAB/rf Enclosure xc: Mr. C.B. Harris (w/ copy of permit) Mr. Bob Hawkins Mr. Bill Stover Mr. Mark Cheran VirginiaDOT.org WE KEEP VIRGINIA MOVING [Fwd: The Townes at Mosby Station] Subject: [Fwd: The Townes at Mosby Station] From: Eric Lawrence <elawrenc@co.frederick.va.us> Date: Wed, 01 Dec 2004 08:59:47 -0500 To: Candice Perkins <cmills@co.frederick.va.us> Subject: The Townes at Mosby Station From: "Funkhouser, Rhonda" <Rhonda.Funkhouser@VDOT.Virginia.gov> Date: Tue, 30 Nov 2004 08:58:37 -0500 To: "'CBader@whga.com"' <CBader@whga.com> CC: "Eric Lawrence (E-mail)" <elawrenc@co.frederick.va.us>, "Mark Cheran (E-mail)" <mcheran@co.frederick.va.us>, "Hawkins, Dwight" <Dwight.Hawkins@VDOT.Virginia.gov> Ref: The Townes at Mosby Station Route 642 Frederick County We have received your revised site plan dated November 18, 2004 for the referenced project. It appears all of our earlier review comments have been satisfactorily addressed. Please advise the owner of our approval. Also please provide six (6) sets of approved construction plans with signed seal for VDOT distribution. These plans need to include details of CG-3 since the speed limit is above 40 mph and Trip Generation Data from the development. The appropriate land use permit may now be applied for to cover work within the Route 642 right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. A copy of any/all recorded plats of dedication for drainage easements or additional right-of-way required for implementation of this proposed project should be provided to VDOT prior to issuance of any land use permits. Dedication should be made to the Commonwealth of Virginia. Once satisfactory application has been made, a permit will normally take approximately thirty days to process and issue. Should you have any questions, do not hesitate to call. Dwight W. Hawkins, Contract Administrator For Lloyd A. Ingram, Trans. Engineer VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5616 (540) 984-5607 (fax) 1 of 2 3/11/2005 9:38 AM N COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 26, 2005 William H. Gordon Associates Attention: Claus Bader 24 West Piccadilly St Winchester, VA 22601 RE: Approval of Towns at Mosby Station Subdivision Design Plan Dear Mr. Bader: This letter is to confirm that the Subdivision Design Plan for the Towns at Mosby Station has been approved. Enclosed are three (3) copies of the plans for your records and distribution. In addition to the information provided on the approved design plans, the final plat should include the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation. Additionally, a deed of dedication and an appropriate guarantee will be required prior to final plat approval. Should you have any questions, please feel free to call. Sincerely, David M. Beniamino Planner I Attachments DMB/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 M FILE copy COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 21, 2004 William H. Gordon Associates Attention: Claus Bader 24 West Piccadilly St Winchester, VA 22601 RE: The Townes at Mosby Station: Subdivision Design Plan Review Dear Mr. Bader: I have had the opportunity to review the Subdivision Design Plan (SDP) for The Townes at Mosby Station, received by our office on November 22, 2004. Please address the following comments: 1) Lot # 1 Building Restriction Lines: Please give an accurate figure regarding the overhang of the deck in Lot # 1 and make sure it is in compliance with the Frederick County Zoning Ordinance. 2) Bike Path: Please show how the location of the western portion of the bike path will cross the existing slope and drainage easement. It may be necessary to continue your proposed path over the drainage easement for this subdivision. 3) Driveway Specs: Please give the length of each driveway, as the widths are shown but not the depths. 4) Landscaping: Per section 165-37 B ofthe Frederick County Zoning Ordinance, landscaping used for screening must be entirely located in a ten foot landscape easement. It is the intent of this section that the entire 10 feet be used for the planting of multiple rows of trees. Using the scale you have provided, it seems that all of your screening will be located in a five foot strip. Please correct this on the plan to provide enough room for the trees to grow to acceptable heights, thus providing the screen intended by the ordinance. 5) Parking along Cross Keys Place: Using the elevations you have provided, it seems that the parking area in front of lots # 1-5 is at 36, while the area where the landscape screening will be planted is at an elevation of 30. Please provide the appropriate landscape screen for vehicle parking, so headlights will not shine on the adjacent properties. The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. I have enclosed a marked copy of the plans to assist with the revisions. If you have any questions, please feel free to call. Sincerely, David M. Beniamino, Planner I Attachment cc: AMB Builders, Inc., 7705 Main Street, Middletown, VA 22645 DMB/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Nov 9 r, APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA FREDERICK COUNTY PLANNING & DEVELOPMENT Date: Application # Fee Paid11::J,:��Y Applicant/Agent: AMB Builders, LLC Address: 7705 Main Street Middletown, Va 22645 Phone: 540-R6A-1 1 51 Owners name: AMB Builders, LLC Address: 7705 Main Street Middletown, Va 22645 Phone: 540-868-1155 Please list names of all owners, principals and /or majority stockholders: Bryan Martin Don Arnold Contact Person: William H. Gordoan Associates, Inc., Claus Bader, P.E. Phone: 540-542-1737 Name of Subdivision: The Townes @ Mosby Station Number of Lots 17 Total Acreage 2.5303 Property Location: Intersection of Route 642 (Tasker Rd) and Route 647 (Aylor Rd) on the north side of Tasker Rd. (Give State Rt.#, name, distance and direction from intersection) Magisterial District Shawnee Property Identification Number (PIN)) Tax Map # 75M-2-B-8A 9 Property zoning and present use: RP -vacant Adjoining property zoning and use: RP - Resident Has a Master Development Plan been submitted for this project? X Yes No If yes, has the final MDP been approved by the Board of Supervisors? X Yes No What was the Master Development Plan title? The Townes @ Mosby Starion Does the plat contain any changes from the approved MDP? Yes x ! No If yes, specify what changes: Minimum Lot Size (smallest lot): 2,000 sg . f t . Number and types of housing units in this development: 17 townhomes I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature: Date: �r/? ME REQUEST FOR SUBDIVISION COMMENTS Frederick County Fire Marshal ATTN: Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, 1st floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: AMB Builders, Inc., PH: 540-868-1155 7705 Main Street, Middletown, Va 22546 Name of development and/or description of the request: The Townes at Mosby Station, 17 lot townhome subdivision Location: Intersection of Route ;642 (TaSker Rnnd) and Rnnte 647 (Ayl Qr 8,ead) on the north side of Tasker-Road Fire Marshal Comments: Fire Marshal Signature & Date_�Q, \� (NOTICE TO FIRE MARSHAL - PLEASE RETURN WIS FORM NOTICE TO APPLICANT It is your responsibility to complete this form as. possible in order to assist the agency with their please attach a copy of your application form, loca other pertinent information. PPLICANT.) s MWERICK COUNTY PLAE'�NING & DEVELOPMENT Control number SD04-0015R Project Name The Townes at Mosby Station Address 7705 Main Street Type Application Subdivision Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Fredericky Department Office of the Fire Marshal Plan Review Date received 10/6/2004 City Middletown Tax ID Number 75M-2-B-8A Date reviewed 10/12/2004 Applicant AMB Builders, Inc. State Zip VA 22645 Fire District 11 Recommendations Automatic Fire Alarm System No Hydrant Location Adequate Roadway/Aisleway Width Adequate Date Revised 10/4/2004 Applicant Phone 540-868-1155 Rescue District 11 Election District Shawnee Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Additional Comments Fire lane signs and markings required at fire hydrants. No parking within 20 feet. pC�G�7We Plan Approval Recommended ReviSignature Yes TimoTitle FREDERICK COUNTY NNING & DEVELQPAPFNT ucti ci uft tu:.soa nrzjan martiin .7-ru COU-001tu F. REQUEST FOR SUBDIVISION COMMENTS Frederick County Parks and Recreation Dept. Attn: Director of Parks and Recreation 107 North Kent Street Winchester, Va. 22601 (540) 665-5678 The Frederick County Parks and Recreation Department is located on the second floor of the Frederick County Administration Building, 107 North Kent Street, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number. AMB Builders Inc.544-868-1155 7705 Main Street Middletown, Va 22546 Name of development and/or description of -the. request: The Townes at Mosby Station., 17 lot townhome subdivision Location: Intersection of Route 642 side of Tasker Rd. Parks & Recreation Dept. Comments: Rd) and Route 647 (Aylor Road) on the north Plan appears to meet open space and recreational unit requirements_ Parks Signature and Date: ///40. (NOTICE TO PARKS - PLEASE irV — 10/8/04 FORM TO THE APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, cation form. DEC�o�� NOVa FREDERICK COVNI-Y NNING & DEW-':?!�;9FNT Uct el Ulf IU:Jba bryan martin b tU UbZJ-bbRu P. 3 Request for Street Name Comments o iftMImE Subdivision Comments D Frederick County Department of Geographic Informatio rvices (GIS) Attn: Marcus Lemasters, GIS Director """-""-"""' 107 North Kent Street Winchester, Virginia 22601 (540) 665466400O The GIS Department will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name: AMB Builders, Inc. Address: Main Phone number: 540-868-1155 Name of development and/or description of the request: Y e odm - At Mosby station 17 lot townhome subdivision Location of property: TntPrGPrf i nn of Rnnta 642 (Tackar Rnad' and Rmite 647 AylQr -Roaa, on the north side of Tasker Road GIS Dept. Comments: The road name Cross Keys Place was previously approved and reserved for use in Townes at Mosby Station. Road name will be officially added to. the Frederick County Road Naming System. Preliminary structure numbers have been assigned. SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: x title "Subdivision Design Plan for "The Townes @ Mosby Station if x with a notation of all previous names of the subdivision. original property identification number. x page number and total pages on each page. x name of the owner and/or subdivider x vicinity map [scale of one to two thousand (1:2000)] showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. x written and graphic scale. x day, month and year plan prepared and revised. x North arrow. x name of the Magisterial District where located. x zoning of all land to be subdivided. x boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to the nearest one-hundreth (1/100) of a foot. x topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. x names of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. x proposed use of each lot, with the number of lots in each use category. x area of each lot and parcel, the total area of the subdivision and the total area in lots. 10 x location and area of each parcel of common open space and the total area of common open space. x location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. x existing or proposed utilities, sewer and water lines, manholes, fire hydrants and easements. x existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details. x stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed x facilities. proposed grading plan including spot elevations and flow arrows. x cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. x locations, dimensions and cross sections of existing and proposed sidewalks and walkways. N/A location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. N/A names of all streams and bodies of water, including all one -hundred -year flood limits as mapped by FEMA. x location of all land to be dedicated or reserved for public use. x location of required setback lines on each lot. x location of proposed recreational areas and facilities. x location of proposed buffers and screening with design details, locations and types of plants and screening. x proposed landscaping with location and types of plants. x certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. 11 x signature of the owner or principals certifying ownership of the property. N/A statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. x signature line for the Subdivision Administrator. 12 imam ill'AG'F21m William H. Gordon Associates, Inc. To Frederick County Dept. of Planning and Development 107 N. Kent Street 2nd Floor Winchester, Va 22601 ❑County No./❑Town No. 24 West Piccadilly Street Suite A Winchester, Virginia 22601 540-542-1737 (fax) 540-542-1923 Date November 9, 2004 Shipped Via Courier Plan Name The Townes @ Mosby Station Project No. 2112-0101/Task No. Subject Subdivision Review From Laura Gomez We are sending you ® Print(s) ® Correspondence(s) ❑Electronic Media ❑ Originals ® Submission ® 1' ❑ 2nd ❑ 3rd ❑ Other Copies Date Description 2 Subdivision Plans 1 Copy of Approval from GIS, Fire Marshall, Parks & Rec 1 Application and Checklist 1 Fee Check in the amount of $3,200 These are transmitted U For your use U As requested U For approval N For review and comment ❑Other Comments Enclosed please find approval letters from GIS, Fire Marshall, and Parks & Rec, we will forward the other agency approvals as we receive them. Please call with any questions. D Thank you. NOV 9 2004 Laura Gomez FREDERICK COUNTY PLANNING & DEVELOPMENT INTERNAL PLAN PROCESSING USE ONLY Project Name Description Notes: Signature of Receipt Date cc: Documentl Engineers • Surveyors • Land Planners • Landscape Architects l .0 IC E Q V E NOV 9 2004 Document Approval Form I PLANNING & DEM PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice David Mark Susan Eric COMMENTS: Received by Clerical Staff (Date & Time): SUBDIVISION #21-04 I gbnWnee 17 LOTS ������VEw`i'ir Please note: The Subdivision/MDP plans associated with this file are located in the file room. f i i