HomeMy WebLinkAboutShenandoah Phase I - BackfileI
I
COMMONWEALTH OF VIRGINIA
c;
z 7, VE7 .7 z I z 7
L
11, A
S
z 7 n
cr
Kh
DC-18 (1/90)
r
CD
-
d } Cn
060001207
THIS DEED OF SUBDIVISION, DEDICATION, EASEMENT AND RESERVATION
(the "Deed") is made this ltday of .SAMA 2006, by and among OXBRIDGE
DEVELOPMENT AT SHENANDOAH, L.C. a Maryland limited liability company (hereinafter
referred to as "Owner"); SHENANDOAH HOMEOWNERS ASSOCIATION, INC., a Virginia
non -stock corporation (hereinafter referred to as "Association"); the COMMONWEALTH OF
VIRGINIA (hereinafter referred to as "VDOT"); the BOARD OF SUPERVISORS OF
FREDERICK COUNTY, VIRGINIA, a body corporate and politic (hereinafter referred to as
"County"); and the FREDERICK COUNTY SANITATION AUTHORITY, a body corporate
and politic (hereinafter referred to as "Authority")
WITNESSETH
WHEREAS, the Owner is the owner and proprietor of certain real property (the
"Property") as shown on plat dated December 12, 2005, entitled "Final Plat of Subdivision
Shenandoah Phase 1 Section 1," and prepared by Marsh & Legge Land Surveyors, P.L.C.,
Winchester, Virginia, certified land surveyors (the "Plat") which Plat is attached hereto; and
WHEREAS, the Property is situate in Frederick County, Virginia, Owner having acquired
the Property by deeds recorded in Instrument # 040022116 and in Instrument # 050015737, among
the land records of Frederick County, Virginia; and
WHEREAS, it is the desire and intent of Owner to subdivide the Property into lots and
parcels, and to dedicate, grant, and convey for public use, the streets and thoroughfares in
accordance with this Deed and the Plat; and
WHEREAS, it is the desire and intent of Owner to reserve unto the Authority Parcel A in
the location as shown on the Plat and as hereinafter provided; and
Deed of Sub Ph 1 Sec 1 (FINAL) 1
O
CYN
EV
WHEREAS, it is the desire and intent of Owner to reserve unto itself certain easements as
defined on sheet #2 of the Plat and as hereinafter provided; and
WHEREAS, it is the desire and intent of Owner to grant and convey unto the County and
unto the Authority the easements in the locations as shown on the Plat and as hereinafter provided;
and
WHEREAS, it is the desire and intent of Owner to grant and convey unto the Association
the easements in the locations as shown on the Plat and as hereinafter provided.
NOW THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00),
cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby subdivide the
Property into lots and parcels, to be known as Lots 1 through 18, inclusive, and Parcels A, B, C, D,
E, F, G, H and I, SECTION 1, PHASE 1, SHENANDOAH, and a remainder, all in accordance with
the Plat which is expressly incorporated herein and made a part of this Deed.
STREET DEDICATION
THIS DEED FURTHER WITNESSETH, that in consideration ofthe premises and the sum
of One Dollar ($1.00) cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby dedicate to VDOT the 3.8624 acres for public street purposes as so designated as Parcel I on
the Plat. This dedication is made in accordance with the statutes made and provided therefore.
RESERVATION OF EASEMENTS
THIS DEED FURTHER WITHNESSETH that in consideration of the premises and the
sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Owner
does hereby reserve unto itself; its successors and assigns the following: (a) 10' utility easements
Deed of Sub Ph 1 Sec 1 (FINAL)
a
W
over the boundaries of all lots and Parcels B, C, D and E, in the areas where said lots and parcels are
adjoining private streets (excluding Rachel Carson Drive) (b) ingress -egress, drainage, water and
sanitary sewer easements along all private streets; and (c) 20' drainage easements over all open
space parcels, with said areas to be designated by Owner by subsequent written and recorded
documentation; all as more particularly set forth in the notes on sheet #2 of the Plat. The Owner has
the right to assign one or more of these easements in the future to any entity, including but not
limited to the County; the Authority, the Association; and utility companies. Further, the Owner has
the right to grant one or more of these easements to such entities by deed of easement. Any such
grant by deed or assignment may include such terms and conditions as deemed appropriate by the
Owner and such entities.
RESERVATION OF PARCEL A
THIS DEED FURTHER WITHNESSETH that in consideration of the premises and the
sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Owner
does hereby reserve Parcel A, containing 4.0175 acres for future conveyance to Frederick -
Winchester Service Authority, in the location as shown on sheet #7 of the Plat.
COUNTY EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration ofthe premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby grant and convey unto the County, its successors and assigns, the easements as hereafter set
forth in the respective locations shown on the Plat as follows:
A. Emergency Ingress and Egress Easement. An easement for ingress and egress, for
construction and maintenance of utilities, for County and other emergency vehicles, and for the
Deed of Sub Ph 1 Sec 1 (FINAL) 3
co
rn
.C—
purpose of performing any governmental functions which the County may find necessary or
desirable to perform, including but not limited to police and fire protection, over and across all
private streets, common driveways, public and private access easements, and ingress and egress
easements, as shown on the Plat.
B. Storm Drain Easements. Easements for the purpose of constructing, operating,
maintaining, adding to, altering or replacing present or future stormwater management facilities,
storm drainage lines, storm sewer lines or other drainage structures, including building connection
lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm
waters and its transmission through and across the said property of Owner, said easements being
more particularly bounded and described on the Plat.
The foregoing easements are subject to the following conditions where applicable:
All sewers, manholes, inlet structures, and appurtenant facilities which are
installed in the easements shall be and remain the property of the County, its successors and assigns.
2. The County and its agents shall have full and free use of said easements for
the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of
the easements including the right of access to and from the easements and right to use adjoining land
where necessary; provided, however, that this right to use adjoining land shall be exercised only
during periods of actual construction or maintenance, and further, this right shall not be construed to
allow the County to erect any building or structure of a permanent nature on such adjoining land.
3. The County shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions or facilities in or near the easements being conveyed,
deemed by it to interfere with the proper and efficient construction, operation, and maintenance of
Deed of Sub Ph 1 Sec 1 (FINAL) 4
I
said easements; provided, however, that the County, at its own expense, shall restore, as nearly as
possible, the premises to their original condition. Such restoration shall include the backfilling of
trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture
areas, and the replacement of structures and other facilities located without the easements, but shall
not include the replacement of structures, trees, or other facilities located within the easements.
4. Owner reserves the right to construct and maintain roadways over said
easements to the extent not prolubited or restricted by ordinance and to make any use of the
easements herein granted which may not be inconsistent with the rights herein conveyed or interfere
with the use of said easements by the County for the purposes named; provided, however, that
Owner shall not erect any building or other structure, excepting a fence, on the easements without
obtaining the prior written approval of the County.
F.C.S.A. EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration ofthe premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby grant and convey unto the Authority, its successors and assigns, the easements as hereafter
set forth in the respective locations as shown on the Plat, as follows:
A. Waterline Easements. Waterline easements for the purpose of constructing,
operating, maintaining, adding to, altering or replacing present or future water mains, including fire
hydrants, valves, meters, building service connections, and other appurtenant facilities for the
transmission and distribution of water through, upon, and across the property of Owner, said
easements being more particularly bounded and described on the Plat.
Deed of Sub Ph 1 Sec 1 (FINAL) 5
M
B. Sanitary Sewer Easements. Easements for the purpose of constructing, operating,
maintaining, adding to, altering or replacing present or future sanitary sewer lines, including building
connection lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary for the
collection of sanitary sewage and its transmission through and across the property of Owner as
shown on the Plat.
The foregoing easements to the Authority are subject to the following conditions:
1. All water mains, sewer lines, and appurtenant facilities which are installed in
the easements shall be and remain the property of the Authority, its successors and assigns.
2. The Authority and its agents shall have full and free use ofsaid easements for
the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of
the easements including the right of access to and from the easements and the right to use adjoining
land where necessary; provided, however, that this right to use adjoining land shall be exercised only
during periods of actual construction or maintenance, and further, this right shall not be construed to
allow the Authority to erect any building or structure of a permanent nature on such adjoining land.
3. The Authority shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions or facilities in or near the easements being conveyed,
deemed by it to interfere with the proper and efficient construction, operation, and maintenance of
said water mains, sewer lines, and appurtenant facilities; provided, however, that the Authority at its
own expense shall restore as nearly as possible, to their original condition, all land or premises
included within or adjoining said easements which are disturbed in any manner by the construction,
operation, and maintenance of said water mains, sewer lines and appurtenant facilities. Such
restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the
Deed of Sub Ph 1 Sec 1 (FINAL)
' Q
reseeding or resodding of lawns or pasture areas, and the replacement of structures and other
facilities located without the easements, but shall not include the replacement of structures, trees,
and other facilities located within the easements.
4. Owner reserves the right to construct and maintain roadways over said
easements and to make use of the easements herein granted which may not be inconsistent with the
rights herein conveyed or interfere with the use of said easements by the Authority for the purposes
named; provided, however, that Owner shall not erect any building or other structure, except a
fence, on the easements without obtaining the prior written approval of the Authority.
SIDEWALK/TRAIL & UTILITY EASEMENT
THIS DEED FURTHER WITNESSETH THAT in consideration of the premises and the
sum of One Dollar ($1.00), cash in hand paid, the receipt of which is hereby acknowledged, Owner
does hereby grant and convey unto the County and the Association a public access easement, right-
of-way and utility easement for the purpose of constructing, using, and maintaining utilities and a
sidewalk/trail over and across the Property as shown on the Plat described as "15' Pedestrian
Access & Utility Easement", said easement to be used exclusively for utilities and pedestrian and
non -motorized vehicular use, subject to the following terms and conditions:
1. The County and the Association shall have full and free use ofthe easement for the
purposes named, and shall have all rights and privileges reasonably necessary to the exercise thereof
and right to use adjoining land where necessary; provided, however, that this right to use adjoining
land shall be exercised only during periods of actual construction or maintenance, and further, this
right shall not be construed to allow the County or the Association to erect any building or structure
of a permanent nature on such adjoining land.
Deed of Sub Ph 1 Sec 1 (FINAL) 7
a
2. The County and the Association shall have the use of the easement free from any
obstructions and shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or
other obstructions or facilities in or near the easement being conveyed, deemed by it to interfere
with the proper and efficient construction, use, and maintenance of said easement.
3. The Association shall have the right in its sole discretion to provide paving and to
plant trees and shrubbery within the easement which shall remain the property of Association, its
successors and assigns.
4. The construction, repair and maintenance of the easement areas shall be the
responsibility of the Association, and shall not be the responsibility of the County or the
Commonwealth.
PRIVATE STREET MGRESS/EGRESS EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration of the sum of One Dollar
($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby create and
establish an easement for ingress and egress and for the construction and maintenance ofutilities in
the location as shown on the Plat, designated thereon as "Crappie Court", "Rachel Carson Drive",
`Bald Eagle Drive" and "Ruffed Grouse Court" for the use and benefit ofthe lot(s) served thereby.
The Association, its successors and assigns, shall be responsible for the construction, repair and
maintenance, including snow removal, ofthe roadway within the easement. The construction, repair
and maintenance of the roadway and the easement shall not be the responsibility of the County or
the Commonwealth.
Deed of Sub Ph 1 Sec 1 (FINAL) 8
C
MISCELLANEOUS
Headings used in this Deed are for convenience purposes only and are not intended to affect
the express terms herein set forth
This Deed is made in accordance with the statutes made and provided in such cases; with the
approval of the proper authorities of Frederick County, Virginia, as shown by the signatures affixed
to the Plat, and is with the free consent and in accordance with the desire of Owner, the owner and
proprietor of the land depicted on the Plat.
The undersigned warrants that this Deed is made and executed pursuant to authority
properly granted by the operating agreement of the Owner.
The Association unites herein to indicate and confirm its acceptance of all of the
maintenance and other obligations assigned to or assumed by the Association under this Deed.
IN WITNESS WHEREOF, the Owner has caused this Deed to be executed, under seal.
Deed of Sub Ph 1 Sec 1 (FINAL) 9
jo�
OXBRIDGE DEVELOPMENT AT
SHENANDOAH, L.C., a MarylVA limited liability
company
By: (SEAL)
Name: Elliot R. Tot
Title: Manager
STATE OF MARYLAND
COUNTY OF PRINCE GEORGE I S, to wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
Elliot R. Totah as Manager of OXBRIDGE DEVELOPMENT AT SHENANDOAH, L.C., whose
name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in
my jurisdiction aforesaid.
GIVEN under my hand and seal this day of January_, 2006.
�`"
Jam✓
Leah Wilson otaryPublic rj
My commission expires: 0 6- 01- 0 7 n �.10 N '
1
Deed of Sub Ph 1 Sec 1 (FINAL) 10
SHENANDOAH HOMEOWNERS
ASSOCIATf0AYJINC.•7 A �
By: SEAL)
Name: ELL o o r 12 . o r,+ii
Title: 1\112 r2T012
STATE OF MARYLAND
COUNTY OF PRINCE GEORGE' $to wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
Elliot R. Totah as Director of
SHENANDOAH HOMEOWNERS ASSOCIATION, INC., whose name is signed to the foregoing
Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this day of JamWKel ' 2006i„�
t `yJ
Leah Wilson"—T46tary Public
N 1
i
My commission expires: 0 6 — 01— 0 7 t « {
Deed of Sub Ph 1 Sec 1 (FINAL) 11
Us
-DOUBLE CHURCH RD - RT 641 \ MINI TY MAP
1'=2000'
MELODY LN
CR KED RUN FAIRFAX PIKE
FARM LN RT 277
SHELLY DR SUMMIT AVE
-------- -- FREDERICK COUNTY_ ___-------'""-
�'� FRONT ROYAL PIKE
ROUTE 522 do ROUTE 340 ---
WARREN COUNTY RT 340
APPROVED BY
FREDERICK COUNTY SA NI TA TION AUTHOR/ TY� DA TE-;�2 QicCnS
I
14RGINIA DEPARTMENT OF TRANSPORTA TION DA TE /Z.Z 7•- 05
SUBDII/ISION ADMIN/STRA TOR DA TE
OWNER'S CONSENT
THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF OXBRIDGE DEVELOPMENT AT SHENANDDAH,
L. C., AS APPEARS IN THE ACCOMPANYING PLA TS, IS WI TH THE FREE CONSENT AND IN ACCORDANCE
WITH THE E IRES 0 TH UND SIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY.
/ a0 0,5'
BY
ON BEHALF OF OX IOGE DEVELOPMENT A T SHENANDDAH, L. C. DA TE
NO TAR Y PUBLIC
STATE OF Maryland
CITY/COUNTY OF Prince George' s
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON December 20 2005
DA TE
BY _M Elliot R. Totah, Manager
ON BEHALF OF OXBRIDGE PEAELOPMENT A T SHENANDDAH, L. C.
��z � MY COMMISSION EXPIRES 0 6 - 01- 0 7
Leah Wi o (NOTARY PUBLIC)
SURVEYOR'S CERTIFICA TE
I HEREBY CERTIFY THAT THE PROPERTY CONTAINED IN THIS SUBDIWSION IS A PORTION OF THE
PROPERTY THA T. WAS CONVEYED TO OXBRIDGE DEVELOPMENT A T SHENANDDAH, L. C. BY DEED DA TED
OCTOBER 29, 2004, ADJUSTED BY DEED DA TED JUL Y 18, 2005, SAID DEEDS RECORDED IN THE OFFICE
OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA AS INSTRUMENT 040022116 AND,
INSTRUMENT 050015737, RESPECTI DEL Y.
tH OF j
RNAL PLA T OF SUBDI WS/ON
SHENANDOAH
A
PHASE 1 N SECTION 1
P. Duane Brown
OPEOUON MAGISTERIAL DISTRICT - FREDERICK COUNTY, ORGINIA
No. 001285
GREENWAY MAGISTERIAL DISTRICT - CLARKE COUNTY, VIRGINIA
Dec./,2 ZOOS
DATE- DECEMBER 12, 2005
1
14
9N4D
SURv���4
ID7298-1-1 SHEET 1 OF 15
1?k MARSH & LEGGE
WINCHESTER, VIRG NIASTREET 22601
Land Surveyors, P.L.C. PHONE �540)667-0468
%L01 y
FAX 540) 667-0469
O
fV
AREA SUMMARY
AREA IN LOTS - 3. 0130 ACRES
AREA IN CONDOMINIUM PARCEL - 0.6126 ACRES
AREA IN RIGHT -OF -WA Y - J. 8624 ACRES
AREA IN PRI VA 1F STREETS - 9.0792 ACRES
AREA IN PARCEL A - 4.0175 ACRES
AREA IN OPEN SPACE - 97.9997 ACRES
TOTAL AREA SUBDIVIDED - 118.5844 ACRES
NUMBER OF LOTS - 18
A VERAGE LOT SIZE - 7,291 SO FT
SMALLEST LOT SIZE 4,400 SO FT
PIN 87-A-103C RESIDUAL AREA - 206. 6279 ACRES
ALL LOTS AND OPEN SPACE AREAS ARE SUBJECT TO A 10' UTILITY EASEMENT ALONG ALL PRIVATE
STREETS (EXCLUDING RACHEL CARSON DRIVE).
RACHEL CARSON DRIVE IS A PRIVATE STREET SUBJECT TO AN INGRESS -EGRESS, DRAINAGE, WATER
AND SANITARY SEWER EASEMENT. ALL OTHER ROADS (AS DELINEATED HEREIN), EXCEPT LAKE
FREDERICK DRI VE, ARE PRI VA TE STREETS SUBJECT TO A 30' INGRESS -EGRESS, DRAINAGE, WA TER AND
SANITARY SEWER EASEMENT. THE PROPOSED PRIVATE STREETS WILL NOT BE MAINTAINED BY THE
VIRGINIA DEPARTMENT OF TRANSPORTA PON OR THE COUNTY OF FREDERICK. THE MAINTENANCE AND
IMPROVEMENT OF SAID PRI VA TE STREETS SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF THE
LOTS WI THIN THE AGE -RESTRICTED COMMUNI TY WHICH ARE PROVIDED ACCESS VIA THE PRI VA TE
STREETS.
LAKE FREDERICK DRIVE (J.8624 ACRES) IS HEREBY CONVEYED TO THE COMMONWEALTH OF VIRGINIA
FOR PUBLIC STREET PURPOSES
ALL OPEN SPACE AREAS ARE SUBJECT TO 20' DRAINAGE EASEMENTS AS REQUIRED.
THE PROPERTY REPRESENTED HEREIN IS A PORTION OF THE PROPERTY SHOWN ON FREDERICK COUNTY
TAX MAP 87-A AS PARCEL 103C.
IRON RODS ARE TO BE SET A T ALL CORNERS NOT PREVIOUSL Y MONUMENTED.
EXIS17NG ZONING: R5 MIN/MUM SETBACK REQUIREMENTS,
EXISTING USE- VACANT 35' FROM RACHEL CARSON DRI VE
PROPOSED USE- AGE -RESTRICTED,
SINGLE-FAMIL Y SMALL LOT-20 FROM ALL OTHER PRI VA TE STREETS
SINGLE-FAMIL Y DETACHED REAR = 15'
AND DUPLEXES SIDE = 5'
MINIMUM BUILDING SEPARATION = 20' (DUPLEXES)
DUPLEX LOTS: 15-18
IPF DENOTES IRON PIPE FOUND
IRF DENOTES IRON ROD FOUND
ALL PROPERTY OWNERS IN SHENANDOAH ARE REQUIRED TO BELONG TO THE SHENANDOAH HOME
OWNERS ASSOCIA TION. THE ASSOCIA TION IS THE OWNER OF ALL OPEN SPACE AND PRI VA TE ROADS
AND IS RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS. ALL PROPERTY OWNERS MUST PA Y
AN ANNUAL ASSESSMENT FOR THIS MAINTENANCE. THIS FEE AND ALL OTHER RULES OF THE
ASSOCIA TION ARE SET FORTH IN THE RESTRICTIONS AND COVENANTS A TTACHED HERETO.
CURVE TABLE
No
RADIUS
ARC
TAN
BEARING
CHORD
DEL TA
Cl
605. 00'
330.81 '
169. 65'
S 4JU5'29" E
326. 70'
31 '1944"
C2
75. 00'
80. 68'
44. 74'
S 19 J2'46" E
76. 85'
6138'17"
C3
305.00'
4.71 '
2.35'
S 49 5523" E
4.71 '
00 53 03"
C4
,176.00'
69.42'
1 35.17'
I S 24 50'36 " W
68.97'
22 3554 "
C5
1188.00'
173.02"
1 93.18'
1 S 39 5434" W
166.98'
i 52 W3'51 "
FINAL PLA T OF SUBDI WSION
SHENANDOAH
PHASE 1 " SECTION 1
OPEQUON MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA
GREENWA Y MAGISTERIAL DISTRICT - CLARKE COUNTY, VIRGINIA
DATE.- DECEMBER 12, 2005
ID7298-1-1
SHEET 2 OF 15
��LTH of Pf
U�,��9
P. Duane Brown
No. 001285
Dec.12, 2oo5 ,
K-"V,D
SURgs�j4
MARSH & LEGGE WINCHESTER VIRG N60 NORTH IIASTREET 22601
Land Surveyors, P. L. C. PHONE �540� 667-0468
FAX 540 667-0469
CURW
TABLE
No
RADIUS
ARC
TAN
BEARING
CHORD
DEL TA
No
DIRECTION
DIST
C7
RNAL PLA T OF SUBD/wsm
SHENANDOAH
PHASE 1 ~ SECTION 1
OPEOUON MAGISTERIAL DISTRICT - FREDERICK COUNTY, ORGINIA
GREENWA Y MAGISTERIAL DISTRICT - CLARKE COUNTY, k7RGINIA
DA TE.• DECEMBER 12, 2005
GRAPHIC SCALE
400 0 200 400 800
ID7298-1-1
1 inch = 400 ft.
SHEET 4 OF 15
\
I
��j,TH OF Pj
� ��i�arwa•��
P. Duane Brown
No. 001285
Dec. /2, 2005
L9ND SURv�.t�4
MARSH 8c LEGG 560 NORTH LOUDOUN STREET
E WINCHESTER, VIRGINIA 22601
Land Surveyors, P. L. C. PHONE (540) 667-0468
FAX 540 667-0469
RNAL PLA T OF SUBDI NSION
SHENANDOAH
PHASE 1 " SECTION 1
OPEQUON MAGISTERIAL DISTRICT - FREDERICK COUNTY, KRGINIA
GREENWA Y MAGISTERIAL DISTRICT - CLARKE COUNTY, VIRGINIA
DA TE• DECEMBER 12, 2005
GRAPHIC SCALE
400 0 200 400 800
107298-1-1 1 inch = 400 ft. SHEET 5 OF 15
��tiTH DF Dj Gz
P. Duane Brown
No. 001285
g'��Dec.
D SURvl��4
MARSH & LEGGE WIN HESTER, VIRG N60 NORTH IIASTREET 22601
11JULand Surve Ors P. L. C. PHONE �540� 667-0468
y ' FAX 540 667-0469
,
N38 49'42 "E
S 89.64'
li It
�\S`'\0� ��5x
E
T113
6- ,
(60.65)
SEE SHEET 13 OF 15
\ /�• R�� _ PIN A
>-50' WA TER & �TA
-,,SEWER EASEMENT
\c� \ HEREBY CREA TED 117///7'
PARCEL G
PRl VA TE STREET \2
0.4085 A C.
PARCEL C , �� C- , <7'
IRF OPEN SPACE S3608'33"W
51.0440 ACRES 220.51
15' PEDESTRIAN ACCESS N IR
V74 51 '02 "E do UTILITY EASEMENT / IRF-
721.24' 38 /� IRF
p RI VE — L4L41 C39 IRF
T �-- — —�--- --� h' � PARCEL I
1.�2_ �S� L61 G3.8624 A C.
LJ9
` IRF IRF
75.00' IRF c6 PARCEL H
�(/ i EX. 50' INGRESS/ 74.83' PRIVA TE STREETS
��� EGRESS EASEMENT
INST. 0JO01488J S28 03'55 "W 8. 6707 A CRES
IRF 191. 48'
IS22 5348 "W
1 88.82'
zs.
�6 PIN 94-A-1
WHEATLANDS LLC
j INST. 030014884
PARCEL B INST. 040021780
OPEN SPACE o, ZONED: R5
36.8942 ACRES USE: VACANT
i�
EX. DRAINAGE ESM'T o
IF "CROOKED RUN"
DB J80 PG 34
S78 42'58'
700.00'
o �
ZZ
N
72.00, _ 61_6._66' IRF
77842'587 PIN 93-A-77 EFG, L.C.
INST. 030025803 INST. 050015737
ZONED: RA USE: AGRICULTURAL
RNAL PLAT OF SUM WSION
SHENANDOAH
PHASE 1 N SEC77ON 1
OPEOUON MAGISTERIAL DISTRICT — FREDERICK COUNTY, 14RGINIA
GREENWA Y MAGISTERIAL DISTRICT — CLARKE COUNTY, VIRGINIA
DA TE- DECEMBER 12, 2005
GRAPHIC SCALE
200 0 100 200 400
ID7298-1-1
1 inch = 200 ft.
SHEET 6 OF 15
V
Z,TH OF y f
0�,cO...��,,,.�
P. Duane Brown
No. 001285
Dec. /Q, 2on5
l�ND suRv���4
0
W
MARSH & LEGGE WINCHESTER, VIRGIN60 NORTH IIASTREET 22601
Land SurveyorS P. L. C. PHONE 667-0468
C) - ' FAX �540)
540) 667-0469
mi
0
v
SEE SHEET 8 OF 15
", \knu.,
S45 48 02 E �2O' SANITARY ♦ .�
172.83 SEWER EASEMENT PIN 87-A-103B N6715 02 E
�2\♦` COMMONWEALTH OF VA., 578.32
L COMMISSION OF GAME & INLAND FISHERIES
Q "9� DB 543 PG 751
N2415'52'W ZONED: R5 USE: STATE GOV'T. IRF
6-♦ -70.91
p� WATER EASEMENT y
♦ %� Ao
W ' N43"13'32'E �- +O w
\13 74.76 PARCEL H
000, PRI I/A TE STREETS
8.6707 A CRES Y PARCEL C
OPEN SPACE
N4170'21 "W 51.0440 ACRES
419.85'
EX. 50' INGRESS/EGRESS EASEMENT
�♦ INST. 0JO01488J EX. DRAINAGE ESM'T
'CROOKED RUN"
sr�, ryh DB J80 PG 34
15' PEDESTRIAN ACCESS /
`� h & UTILITY EASEMENT
,. CgRSON pRI�E'
24 HACKBERRY �
PIN 93-A-77
EFG, L.C.
INST. 030025803 J L33 N 722559" W
INST.050015737 ^� 15' 4.11'
ZONED: RA �°' PARCEL B v C20 PARCEL B
USE: AGRICULTURAL / OPEN SPACE W c21 OPEN SPACE
/ 36.8942 A CRES 150 36.8942 A CRES
/ Q
oo // -- J87 06-- C) - L34 312.94'
hog Q S 78 4258 "E 700. 00'
IPF
N o PARCEL A o
N O 4.0175 ACRES (FOR FUTURE CONVEYANCE
NTO FREDERICK-WINCHESTER SERVICE AUTHORITY) N
N 78 4258" W Z
70.00' 700.00'
W N 78 4258 "W
0
N,O OWN
^�- N 784258" W 1100.00' --
PIN 93-A-77
FINAL PLAT OF SUBDI VISION
SHENANDOAH
PHASE 1 N SECTION 1
OPEOUON MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA
GREENWA Y MAGISTERIAL DISTRICT - CLARKE COUNTY, VIRGINIA
DA TE.• DECEMBER 12, 2005
GRAPHIC SCALE
200 0 100 200 400
I07298-1-1 1 inch = 200 ft. SHEET 7 OF 15
,TH OF
��I
P. Duane Brown
No. 001285
�9Dec-
too
6
560MARSH 8c LEGGEWINCHESTER, VIRG NIASTREET 22601
Land Surveyors, P. L. C. PHONE �540)667-0468
FAX 540 667-0469
PIN 87-A-103C (REMAINDER) 206.6279 ACRES 111
N40 50'31 "E _ 754.85'
r - - 652.35' —
f.--15' PEDESTRIAN ACCESS
02.50 I I I I do U11UTY EASEMENT S67'33'24"E-/
N50 01 '15 "W 50.40'
368. 8J'
I S75'26'10"E-"
I 241.21'
M S3147 90 "E
i O rl
25' SANITARY
Cj SEWER EASEMENT
a PARCEL C
I I OPEN SPACE
II 51.0440 ACRES
NJ C19 I
N PARCEL H S63.49'06'
I PRI VA TE STREETS 207.31'
8.6707 A CRES
N I Q,I I S72'21'08"E tiw
S07 53'42"E .
11.19,
I 81.8 ' 20'� Q4
t53 56J7424 '�W BALD
JAI
212.07y.,_ 20.06 16��Nss
135.18' 191 14
0 f
o I PARCEL D
" I ► OPEN SPACE
``' z ¢ C 125� 1 8.7138 ACRES
_ w 25'
r- � I I 20' WATER EASEI
¢, o I I I I NO2 59'15 "E
rnN� C17 11 11 96.15'�
oEX. 50' INGRESS/
Uj
z I EGRESS ESM'T
z o I INST. 0JO01488C25
I �
C 16 1 N33 54'17"W
I 100.29'
I N56 32 43? "W
W
C15
35.00 C24
U 1 N60'10'45 "W iftc
1 174.34' C2i
N2701'54"WLe
11 120.09' 1 Cl
PARCEL C
`►�° 11 OPEN SPACE
C 14 I L35 G51.0440 ACRES
N2415'52'W
C 13 _ :;;� 70.91'
N417021' WATER EASEMENT i
419.8 N4313'3�'E
74.76' 59.94
SEE SHEET 7 OF 15
RNAL PLAT OF SUM WSION
SHENANDOAH
PHASE 1 N SECTION 1
OPEOUON MAGISTERIAL D1S7R/CT - FREDERICK COUNTY, VIRGINIA
GREENWA Y MAGISTERIAL DISTRICT - CLARKE COUNTY, VIRGINIA
DATE: DECEMBER 12, 2005
ID7298-1-1
GRAPHIC SCALE
200 0 too 200 400
t inch = 200 ft.
SHEET 8 OF 15
PIN 87-A-103B
COMMONWEALTH OF VA.,
COMMISSION OF GAME &
INLAND FISHERIES
DB 543 PG 751
Z,TH Op-
P. Duane Brown
No. 001285
Dec. /,2,,2005
l9ND SURv���4
MARSH & LEGGE WINCHESTER, VIRG NIASTREET 22601
Land Surveyors, P. L. C. PHONE �540)667-0468
FAX 540 667-0469
I
SEE SHEET 10 OF 15
LOT 8 I LOT 7
3'
58A N64.5 039"W 61.20'
15.49'
SANITARY SEWER f, \ M
EASEMENT C o
PARCEL E
OPEN SPACE
1.3477 A CRES /
W
SANITARY SEWER
EASEMENT -\
�C36 C'2 9
0
19.84
G y'00
L
7,, 32
V S56'24'30"E
12.82'
1 J 15�1'�
N �O
15' 15� PARCEL H
O PRI VA TE STREETS
8.6707 A CRES
SEE SHEET 8 OF
LOT ,5
1�p� `
�A
9'28 5
583 ,1p �f) FT o cn
5'
550g �- o
1,
, W
Sg9 2g'2
WATER EASEMENT
LOT 4
\ 8,059 SO FT a,
:i A=16.26'
114.74'
1- 27'48'41 "E `s
51.13'
i LOT 3 ,�
0
QT 10, 253 SO FT �,�
S9 l
r N72'48'41"E
141.74'
LOT 2
8, 653 SO FT
WATER EASEMENT
I
O T 1
SO FT
15
5�
i�
FWAL PLA T OF sum wsm
SHENANDOAH
PHASE 1 N SECTION 1
PARCEL C
OPEN SPACE
51.0440 ACRES
OPEQUON MAGISTERIAL DISTRICT - FREDERICK COUNTY WRGINIA
GREENWA Y MAGISTERIAL DISTRICT - CLARKE COUNTY, VIRGINIA
DA TE.• DECEMBER 12, 2005
GRAPHIC SCALE
50 0 25 50 100
ID7298-1-1
1 inch = 50 ft.
SHEET 9 OF 15
I,TH OF y j
��
f.�,
P. Duane Brown
No. 001285
Dec. /2,2oo5 ,
l�ND suRl'
MARSH & LEGGE WINCHESTER, VIRGIN60 NORTH IIASTREET 22601
Land Surveyors, P. L. C. PHONE 667-0468
( D -y FAX �540�
540667-0469
SEE SHEET 11 OF 15
i LQT 1
o -_DEL H \
I PAR VATE STREETS
W i P816707 ACRES
1
19.3' �-�T 130
"E
N 111.00'5 7 GEE ENT
w� �D:�-0 SQ FlLn
T
NZ, 7,109 ENT 1v
.�
Z4.4'
.<.> Ng339 3 '
16
0'57 E,�
20 DRAINAGE EASEMENT �
w 28 LOT 8
N '_ _ 115.52_
�-- `� 7 N 18 00'35 "E 124.09";
Jr '_`N83'39'�0"W.
chi •:::.� A-40.25' 31.4 �1
#112 LOT 7
� 10,446 SO FT
f:::. •ems N3839'30"W
1' �o�. 50.9'
A=40.45`��` ,10
LOT 6
10, 452 SO FT
Q WATER EASEMENT p ^°�
—'► N00'31'31'E
;0 17.12'
v� 38'�!
9� 6A
5 00, 1 31
Y��00 3
,�,
;06,i
05 5A 00
�'E
5
.0�30
00
50
00 2 14
/ E
FINAL PLAT OF SUM WSION
SHENANDOAH
PHASE 1 N SECTION 1
S89 4732 "E
207.26'
N ,
10 vPNPO
m
PIN 87-A-103B
COMMONWEALTH OF VA.,
COMMISSION OF GAME &
INLAND FISHERIES
DB 543 PG 751
ZONED: R5 USE: STATE GOV'T.
vi
m
\1°
cr
w
PARCEL C
OPEN SPACE \
51.0440 ACRES \
�� 62
/g9
'E
145 23
�1
PIN 87-A-103B
COMMONWEALTH OF VA.,
COMMISSION OF GAME & INLAND FISHERIES
DB 543 PG 751
ZONED: R5 USE: STATE GOV'T.
OPEQUON MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIA
GREENWA Y MAGISTERIAL DISTRICT — CLARKE COUNTY, VIRGINIA
DATE.• DECEMBER 12, 2005
GRAPHIC SCALE
50 0 25 50 100
ID7298-1-1
1 inch = 50 ft.
SHEET 10 OF 15
TH Op-
P. Duane Brown
No. 001285
Dec. /12, 2005
t9ND SUR'q
MARSH & LEGGE WINCHESTER, VIRG NIASTREET 22601
PHONE 667-0468
Land Surve(D -yors, P. L. Ci. FAX �540�
540667-0469
011
ap
P\N a1,t�' ,'E 58920126 ��'/2�� �' 1
•32 q C Id
71 55.3
0
93POE, cc S s85•o6'1965'2r- i�
o v
OPEN AIR O
51.044 �'�391 z N -
0
N-41
11'\0-. 0
0 )<v
Z r o cs "+ w; O 1-• t� ^
_ ...s r*i O
m -A -� �'„ DRAINAGE
Ll
ON
24
'0„E a' r Vn ``? WATER A=23.80 EASEMENT o .
00 �O� N �`` EASEMENT ��N83'39'30"W S84-01-34"E
ON ` j kn ' ,, 0 83.61 70.04 W
o p ` W r, #12 0 #118 .: 12.61
ON a' a'_ -�, �cA #� 22 ,52. 78' -:r. ;c:::A/btu
rn_ �� N� 5 QQ' 32 5 ,1 g C33
� 1514
W
LO
N40 04'48'
20.00'
to
0
W
6
37
�::..
0
�Q44
.,...:r: N�3491�9� - 1
• 36 A, 5 36.50'
8 2 169-y1' PARCEL H
PRI VA TE STREETS
8.6 70 7 ACRES
SEWER EASEMENT
PARCEL E
OPEN SPACE
I. J477 A CRES
\ 28.8' h
`RUF=D GROUSKCOURT
a 50.6' S69 JJ'19 "E 84. 08' C_35
7.5' WATER EASEMENTW
S00'47 04" W S ;.:...... \ 1066. W
13.50'-10
��
A=5.96 o A=10.90 0�
N o
o f #200 0 #202
^1 ^I �(I O h o
W �('�y �k
� LOB` �p /0
PARCEL C N O o i 0 0 o f O° °
OPEN SPACE o v h N v rn ►� v p h/ v o
51.0440 ACRES �:, I h
cn N5 26 92 E
50.00' 38.30' 48 c,
N69 3.3'19 W 88.30' N,5624 3, • 4 p 00'`
0 88 3T EASEMENT
9.03'
F/NAL PLA T OF sumwS/ON
SHENANDOAHED
�r�
PHASE 1 N SECTION 1 ��OPEQUON MAGISTERIAL DISTRICT - FREDERICK COUNTY, ORGINIA
GREENWAY MAGISTERIAL DISTRICT - CLARKE COUNTY, KRGINIA...,.�DA TE.• DECEMBER 12, 2005rownGRAPHIC SCALE 550 0 25 50 1005��4
ID7298-1-1 1 inch 50 ft. SHEET 11 OF 15
lqkMARSH 8c LEGGE 560 NORTH LOUDOUN STREET
WINCHESTER, VIRGINIA 22601
%��l — Land Surveyors, P. L. C. PHONE 667-0468
FAX �540�
540667-0469
I
Q
"E
41 '32' •
PIN 87-A-10313 SS 207.2
COMMONWEALTH OF VA., "E
COMMISSION OF GAME & INLAND FISHERIES SS 6� g q2 2
DB 543 PG 751
ZONED: R5 USE: STATE GOV'T. 3''E
049
S854g.00
42/./
�52�?%3 ♦ LOT 13
585.01059
A-6i
PARCEL F
CONDOMINIUM PARCEL
0.6126 ACRES
z�
�a ♦
N69 34'14 "W
20' WATER
EASEMENT
PARCEL C
OPEN SPACE
51.0440 ACRES
LOT 14
t
S40 04'48 "E
20.00'—
S45'47'04"W 31.0'----
146.54'
A=36.28'
L `
9 PARCEL H
PRI VA TE STREETS
8.6707 ACRES
0
0
FINAL PLAT OF SUBDIVISION
SHENANDOAH
PHASE 1 N SECTION 1
OPEQUON MAGISTERIAL DISTRICT — FREDERICK COUNTY, I/IRGINIA
GREENWA Y MAGISTERIAL DISTRICT — CLARKE COUNTY, WRGINIA
DA TE.• DECEMBER 12, 2005
GRAPHIC SCALE
50 0 25 50 100
ID7298-1-1 1 inch = 50 ft. SHEET 12 OF 15
OF �
P. Duane Brown
No. 001285
Occ. /,Z, 2005
dgND Q
MARSH & LEGGE WINCHES ER VIRG NIASTREET 22601
I%PLand Surve OrS P.L. C. PHONE 540 667-0468
y FAX �540)667-0469
co
co
w
_ 9
y�
1 PIN 87-A-103
1 OXBRIDGE DEVELOPMENT AT y
i� SHENANDOAH, L.C.
INST. 040022116
ZONED: R5
1 USE: VACANT
1
PIN 87-A-103C
(REMAINDER)
206.6279 ACRES
W
PIN 87-A-1038 LESS L4
COMMONWEALTH OF VA., PE�ESTRIANSEMENT
COMMISSION OF GAME & INLAND FISHERIES 15 UT�I.IrY EA
DB 543 PG 751 & •55'38" E
ZONED: R5 USE: STATE GOV'T. _ - S g8 26.5193
f NI
48. 4 \ d
r0TAL1� n n 1
L- 57 ). -9 PARCEL G N 1 `° i C48
_ _ $ 6958'38�46�' PRl0. 4085 AC. I I
28 E ��N36 0833"E I I
co to
IRS 5 41�_._.� 60.44 M 5 S Q
50' WATER & SANITARY SEWER IN
EASEMENT HEREB Y
j to \� \ CREA TED I/ C45
N 50'2155 ' W G (0 1 C41
45.96' 1
1 +0'21'55-W
IRF \ 75.14' 4 .96'
N 38 4942" E ` Cl L2 — F4 La4KE- C44
89.64
PARCEL C
OPEN SPACE
51.0440 ACRES
PARCEL 1
J. 8624 A CR
EX. 50'INGRESS/EGRESS E.
INST. 03001 s
SEE SHEET 6 OF 15
PARCEL h
PRI VA TE 5TRZ
8.6707 A CRt .D
FINAL PLA T OF SUBDIVISION
SHENANDOAH,tiTH OF
PHASE 1 N SEC77ON 1 0 ��
OPEQUON MAGISTERIAL DISTRICT — FREDERICK COUNTY, ORGINIA
GREENWAY MAGISTERIAL DISTRICT — CLARKE COUNTY, 14RGINIA U�,cOr �B.w..,,,.•�
DATE- DECEMBER 12, 2005 P. Duane Brown
GRAPHIC SCALE No. 001285
goo o so 100 200
Dec, i2, 2005
t9ND SURvls,�'¢
ID7298-1-1 1 inch = 100 ft. SHEET 13 OF 15
MARSH & LEGGE WINCHESTER, VIRG N60 NORTH IIASTREET 22601
Land Surveyors, P. L. C. PHONE �540)667-0468
FAX 540 667-0469
co
,rl-
SEE SHEET 13 OF 15
IRF C3
I�R
IRF IRF
5 F C4 L 4 IRF
C5 h' a/
C.1
.Ah /RF '
IRF
�Q hp
PIN 94-A-1 j / C-i
WHEATLANDS LLC
INST. 030014884
INST.-040021780
I
ZONED: R5 h 1
USE: VACANT
V
1
1 1
PARCEL Ar-�f
J. 8624 A CRES
IRF
Z Z rn
QA
cfl 1
ca r
to 1 .
1
SEE SHEET 15 OF 15
RNAL PLA T OF SUMW570N
SHENANDOAH
PHASE 1 N SEC110N 1
:47
PIN 87-A-103
OXBRIDGE DEVELOPMENT AT
SHENANDOAH, L.C.
INST. 040022116
ZONED: R5
USE: VACANT
OPEOUON MAGISTERIAL DISTRICT - FREDERICK COUNTY, WRGINIA
GREENWA Y MAGISTERIAL DISTRICT - CLARKE COUNTY, WRGINIA
DA TE.• DECEMBER 12, 2005
GRAPHIC SCALE
100 0 50 100 200
ID7298-1-1 1 inch = 100 ft. SHEET 14 OF 15
MARSH & LEGGE
Land Surveyors, P. L C.
Igo
�j,TH OF � f
P. Duane Brown
No.
001285
Dec.
/,2, 2005
l .ND
sulvgs�l
560 NORTH LOUDOUN STREET
WINCHESTER, VIRGINIA 22601
PHONE (540) 667-0468
FAX 540 667-0469
SEE SHEET 14 OF 15
IRF
M
VI �V
V
1
PARCEL I
3.8624 ACRES
PIN 94-A-1
WHEATLANDS LLC IRF PIN 87—A-103
INST. 030014884 1 OXBRIDGE DEVELOPMENT
INST. 040021780 1 SHENANDOAH, L.C.
ZONED: R5 l 1 INST. 040022116
ZONED: R5
USE: VACANT ZI Z cn USE: VACANT
� m rn 1
1t
ui
1 o p coo
4.
�z c a rn O�NT,,,
CD ERIC'K Go --Ty
1 1 FREOARKE co
1
' 1
1 S 76 37'O1 " E
75.03 15 79 54
lRF . 75' IRF
,02» w
S 26 41 & ROU7E 340
ROUTE 52�YA!- PEKE
FRONT R y�H R�)
��ARIABLEpT
RNA PLA T OF SUBDI WS/ON
SHENANDOAH
PHASE 1 N SEC77ON 1
OPEQUON MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIA
GREENWA Y MAGISTERIAL DISTRICT — CLARKE COUNTY, VIRGINIA
DA TE.• DECEMBER 12, 2005
GRAPHIC SCALE
100 0 50 100 200
ID7298-1-1 1 inch = 100 ft. SHEET 15 OF 15
AT
��j,TH OF Dr
No. 001285
Dec. /2, 2005
4
9ND suRv��o4
MARSH & LEGGE
NORTH IIASTREET
WIN HESTER,
VIRG N60
22601
Land Surveyors, P. L. C.
PHONE �540)667-0468
FAX
540 667-0469
Pei
VIRUINIA: FREDERICK COUNTY, SCr.
Phis instrument of writing was produced to me an
at L4
and with certificate of acknowledgement thereto annexed
to record. T imposed by Sec. 5 1-802 of
, and 58.1-801 have been paid, if assossaft
4-4/re--a
, Clerk
O
r--
060000452
THIS DEED OF SUBDIVISION AND EASEMENT (the "Deed") is made this Wday of
AM , 2006, by and among OXBRIDGE DEVELOPMENT AT SHENANDOAH, L.C.,
a Maryland limited liability company (hereinafter referred to as "Owner"); SHENANDOAH
HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock corporation (hereinafter referred
to as "Association"); the BOARD OF SUPERVISORS OF FREDERICK COUNTY,
VIRGINIA, a body corporate and politic (hereinafter referred to as "County"); and the
FREDERICK COUNTY SANITATION AUTHORITY, a body corporate and politic
(hereinafter referred to as "Authority").
WITNESSETH
WHEREAS, the Owner is the owner and proprietor of certain real property (the
"Property") as shown on plat dated April 18, 2006 and revised April 21, 2006, entitled "Final Plat
Shenandoah Phase 1 Section 2," and prepared by Patton Harris Rust & Associates, P.C.,
Winchester, Virginia, certified land surveyors (the "Plat") which Plat is attached hereto; and
WHEREAS, the Property is situate in Frederick County, Virginia, Owner having acquired
the Property by deeds recorded in Instrument # 040022116 and in Instrument # 050015737, among
the land records of Frederick County, Virginia; and
WHEREAS, it is the desire and intent of Owner to subdivide the Property into lots and
parcels; and
WHEREAS, it is the desire and intent of Owner to reserve unto itself certain easements as
defined on sheet #2 of the Plat and as hereinafter provided; and
0
Cll
WHEREAS, it is the desire and intent of Owner to grant and convey unto the County and
unto the Authority the easements in the locations as shown on the Plat and as hereinafter provided;
and
WHEREAS, it is the desire and intent of Owner to grant and convey unto the Association
the easements in the locations as shown on the Plat and as hereinafter provided.
SUBDIVISION
NOW THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00),
cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby subdivide the
Property into lots and parcels, to be known as Lots 19 through 31, inclusive, and Parcels B2, C2,
and H2, PHASE 1, SECTION 2, SHENANDOAH, and a remainder, (with Parcels B2 and C2
being referred to as "Open Space") all in accordance with the Plat which is expressly incorporated
herein and made a part of this Deed.
RESERVATION OF EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Owner
does hereby reserve unto itself, its successors and assigns the following: (a) 15' utility easements
over the boundaries of all lots and Parcels B2 and C2, in the areas where said lots and parcels are
adjoining private streets; as shown on the Plat; (b) ingress -egress, drainage, water and sanitary
sewer easements along all private streets; and (c) drainage easements as shown on the Plat as "20'
DRAINAGE ESMT" AND "DRAINAGE ESMT, and over all open space parcels; and all as more
particularly set forth in Notes # 5, 6 and 7 on sheet #2 of the Plat. The Owner has the right to
assign one or more of these easements in the future to any entity, including but not limited to the
County; the Authority, the Association; and utility companies. Further, the Owner has the right to
O
Li
grant one or more of these easements to such entities by deed of easement. Any such grant by deed
or assignment may include such terms and conditions as deemed appropriate by the Owner and
such entities.
COUNTY EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby grant and convey unto the County, its successors and assigns, the easements as hereafter set
forth in the respective locations shown on the Plat as follows:
A. Emergency Ingress and Egress Easement. An easement for ingress and egress,
for construction and maintenance of utilities, for County and other emergency vehicles, and for the
purpose of performing any governmental functions which the County may find necessary or
desirable to perform, including but not limited to police and fire protection, over and across all
private streets, common driveways, public and private access easements, and ingress and egress
easements, as shown on the Plat.
B. Storm Drain Easements. Easements for the purpose of constructing, operating,
maintaining, adding to, altering or replacing present or future stormwater management facilities,
storm drainage lines, storm sewer lines or other drainage structures, including building connection
lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm
waters and its transmission through and across the said property of Owner, said easements being
more particularly bounded and described on the Plat as "20' DRAINAGE ESMT" AND
"DRAINAGE ESMT".
The foregoing easements are subject to the following conditions where applicable:
All sewers, manholes, inlet structures, and appurtenant facilities which are
installed in the easements shall be and remain the property of the County, its successors and
assigns.
2. The County and its agents shall have full and free use of said easements for
the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of
the easements including the right of access to and from the easements and right to use adjoining
land where necessary; provided, however, that this right to use adjoining land shall be exercised
only during periods of actual construction or maintenance, and further, this right shall not be
construed to allow the County to erect any building or structure of a permanent nature on such
adjoining land.
3. The County shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions or facilities in or near the easements being conveyed,
deemed by it to interfere with the proper and efficient construction, operation, and maintenance of
said easements; provided, however, that the County, at its own expense, shall restore, as nearly as
possible, the premises to their original condition. Such restoration shall include the backfilling of
trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture
areas, and the replacement of structures and other facilities located without the easements, but shall
not include the replacement of structures, trees, or other facilities located within the easements.
4. Owner reserves the right to construct and maintain roadways over said
easements to the extent not prohibited or restricted by ordinance and to make any use of the
easements herein granted which may not be inconsistent with the rights herein conveyed or
interfere with the use of said easements by the County for the purposes named; provided, however,
4
CJ' i
that Owner shall not erect any building or other structure, excepting a fence, on the easements
without obtaining the prior written approval of the County.
F.C.S.A. EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby grant and convey unto the Authority, its successors and assigns, the easements as hereafter
set forth in the respective locations as shown on the Plat, as follows:
A. Waterline Easements. Waterline easements for the purpose of constructing,
operating, maintaining, adding to, altering or replacing present or future water mains, including fire
hydrants, valves, meters, building service connections, and other appurtenant facilities for the
transmission and distribution of water through, upon, and across the property of Owner, said
easements being more particularly bounded and described on the Plat.
B. Sanitary Sewer Easements. Easements for the purpose of constructing, operating,
maintaining, adding to, altering or replacing present or future sanitary sewer lines, including
building connection lines, sanitary lateral lines, manholes and all other appurtenant facilities
necessary for the collection of sanitary sewage and its transmission through and across the property
of Owner as shown on the Plat as "SEW ESMT"
The foregoing easements to the Authority are subject to the following conditions:
1. All water mains, sewer lines, and appurtenant facilities which are installed in
the easements shall be and remain the property of the Authority, its successors and assigns.
2. The Authority and its agents shall have full and free use of said easements
for the purposes named, and shall have all rights and privileges reasonably necessary to the
exercise of the easements including the right of access to and from the easements and the right to
5
CD
(J1
use adjoining land where necessary; provided, however, that this right to use adjoining land shall
be exercised only during periods of actual construction or maintenance, and further, this right shall
not be construed to allow the Authority to erect any building or structure of a permanent nature on
such adjoining land.
3. The Authority shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions or facilities in or near the easements being conveyed,
deemed by it to interfere with the proper and efficient construction, operation, and maintenance of
said water mains, sewer lines, and appurtenant facilities; provided, however, that the Authority at
its own expense shall restore as nearly as possible, to their original condition, all land or premises
included within or adjoining said easements which are disturbed in any manner by the
construction, operation, and maintenance of said water mains, sewer lines and appurtenant
facilities. Such restoration shall include the backfilling of trenches, the replacement of fences and
shrubbery, the reseeding or resodding of lawns or pasture areas, and the replacement of structures
and other facilities located without the easements, but shall not include the replacement of
structures, trees, and other facilities located within the easements.
4. Owner reserves the right to construct and maintain roadways over said
easements and to make use of the easements herein granted which may not be inconsistent with the
rights herein conveyed or interfere with the use of said easements by the Authority for the purposes
named; provided, however, that Owner shall not erect any building or other structure, except a
fence, on the easements without obtaining the prior written approval of the Authority.
SIDEWALK/TRAIL & UTILITY EASEMENT
THIS DEED FURTHER WITNESSETH THAT in consideration of the premises and the
sum of One Dollar ($1.00), cash in hand paid, the receipt of which is hereby acknowledged, Owner
6
C
r,
CD
does hereby grant and convey unto the County and the Association a public access easement, right-
of-way and utility easement for the purpose of constructing, using, and maintaining utilities and a
sidewalk/trail over and across the Property as shown on the Plat described as "15' Pedestrian
Access & Utility Easement", said easement to be used exclusively for utilities and pedestrian and
non -motorized vehicular use, subject to the following terms and conditions:
The County and the Association shall have full and free use of the easement for the
purposes named, and shall have all rights and privileges reasonably necessary to the exercise
thereof and right to use adjoining land where necessary; provided, however, that this right to use
adjoining land shall be exercised only during periods of actual construction or maintenance, and
further, this right shall not be construed to allow the County or the Association to erect any
building or structure of a permanent nature on such adjoining land.
2. The County and the Association shall have the use of the easement free from any
obstructions and shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or
other obstructions or facilities in or near the easement being conveyed, deemed by it to interfere
with the proper and efficient construction, use, and maintenance of said easement.
3. The Association shall have the right in its sole discretion to provide paving and to
plant trees and shrubbery within the easement which shall remain the property of Association, its
successors and assigns.
4. The construction, repair and maintenance of the easement areas shall be the
responsibility of the Association, and shall not be the responsibility of the County or the
Commonwealth.
PRIVATE STREET INGRESS/EGRESS EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration of the sum of One Dollar
($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby create
and establish an easement for ingress and egress and for the construction and maintenance of
utilities in the location as shown on the Plat, designated thereon as "Merganser Court" and "Rachel
Carson Drive" for the use and benefit of the lot(s) served thereby. The Association, its successors
and assigns, shall be responsible for the construction, repair and maintenance, including snow
removal, of the roadway within the easement. The construction, repair and maintenance of the
roadway and the easement shall not be the responsibility of the County or the Commonwealth.
MISCELLANEOUS
Headings used in this Deed are for convenience purposes only and are not intended to affect
the express terms herein set forth.
This Deed is made in accordance with the statutes made and provided in such cases; with
the approval of the proper authorities of Frederick County, Virginia, as shown by the signatures
affixed to the Plat, and is with the free consent and in accordance with the desire of Owner, the
owner and proprietor of the land depicted on the Plat.
The undersigned warrants that this Deed is made and executed pursuant to authority
properly granted by the operating agreement of the Owner.
The Association unites herein to indicate and confirm its acceptance of all of the
maintenance and other obligations assigned to or assumed by the Association under this Deed.
IN WITNESS WHEREOF, the Owner has caused this Deed to be executed, under seal.
8
OXBRIDGE DEVELOPMENT AT
SH
liat
By:
Nai
Tit]
STATE OF
COUNTY OF ��� , to wit:
CT)
�I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that � as of OXBRIDGE
DEVELOPMENT AT SHENANDOAH, L.C., whose game is signed to the foregoing Deed,
appeared before me and personally acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this day of 52006.
Notary Public
My commission expires: 3l
'`,►►►►NtaUrr4brr r, y� •S•,a.R�c
•� CF -t•
r. ••.!R G 1 N�Q•: mac,
''•rr,• RYy Y�V ..• F.
SHENANDOAH HOMEOWNE
ASSOCL '10N.IDbt. Z% /.
By:
Name: E'-, W of
Title: A 1 R
STATE OF VIRGINIA:
COUNTY Oj�� , , to wit:
Q
r.�
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
8 �`� �� as M�a , -� of
SHENANDOAH HOMEOWNERS ASSOCIATION, INC., whose name is signed to the foregoing
Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this. day of , 2006.
Notary Public
My commission expires: 3l oZ007
10
7 f ,
:I
SITE,
_..�
CARBON DR.
r, A .;LAKE vN
FREDERICKDR
VICINITY MAP
SCALE: 1 " = 5000'
APPROVED BY:
FREDERICK COUNTY SUBDIVISION ADMINISTRATOR
FREDERICK COUNTY SANITATION AUTHORITY
DATE%�d
DATE 4WYaK
OWNER'S CONSENT:
THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF OXBRIDGE DEVELOPMENT AT SHENANDOAH,
L.C. AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH
THE DESIPV�, TH�NDERSI!gNED OWN , PROPRIETORS AND TRUSTEES, IF ANY.
PRINTED NAME & TITLE
NOTARY P I .
STATE OF
CITY/COUNTY OF LAodojo
THE FOREGOING INSTRUME T WAS ACKNOWLEDGED BEFORE ME ON '1 2 BY
MY COMMISSION EXPIRES
(NOTARY PUBLIC) (DATE)
SURVEYOR'S CERTIFICATE
I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY
CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS
SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO OXBRIDGE DEVELOPMENT AT
SHENANDOAH, L.C. BY DEED RECORDED AS INSTRUMENT #040022116 AMONG THE LAND RECORDS OF
FREDERICK COUNTY, VIRGINIA.
l
U CORY M. HAYNES 9
No. 2539
d6
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 2
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: AS SHOWN DATE: APRIL 18, 2006
REVISED: APRIL 21, 2006
Patton Harris Rust & Associates, pc
Engineers. Surveyors. Planners. Landscape Architects.
P
117 East Piccadilly Street, Suite 200
J� Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 1 OF 6
n
n
N
Aj
n
AREA SUMMARY
AREA IN LOTS = 2.8849 ACRES
AREA IN PRIVATE STREETS = 1.5031 ACRES
AREA IN OPEN SPACE = 6.7244 ACRES
TOTAL AREA SUBDIVIDED = 11.1124 ACRES
NUMBER OF LOTS = 13
AVERAGE LOT SIZE = 9,667 SO FT
SMALLEST LOT SIZE = 7,485 SO FT
PIN 87-A-103 RESIDUAL AREA = 195.5155 ACRES
NOTES:
1. PARENT TRACT - FREDERICK COUNTY PIN: 87-A-103.
MINIMUM SETBACK REQUIREMENTS:
35' FROM RACHEL CARSON DRIVE
20' FROM ALL OTHER PRIVATE STREETS
REAR = 15'
SIDE = 5'
2. BASIS OF MERIDIAN FOR THIS PROJECT IS THE FINAL PLAT OF SUBDIVISION; SHENANDOAH, PHASE 1,
SECTION 1 RECORDED AS INST #060001207.
3. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT.
4. PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH COMMONWEALTH
OF VIRGINIA AND FREDERICK COUNTY REGULATIONS.
5. ALL LOTS AND OPEN SPACE AREAS ARE SUBJECT TO A 15' UTILITY EASEMENT ALONG ALL PRIVATE
STREETS.
6. RACHEL CARSON DRIVE IS A PRIVATE STREET SUBJECT TO A 50' INGRESS -EGRESS, DRAINAGE, WATER
AND SANITARY SEWER EASEMENT. ALL OTHER ROADS (AS DELINEATED HEREIN) ARE PRIVATE STREETS
SUBJECT TO A 30' INGRESS -EGRESS, DRAINAGE, WATER AND SANITARY SEWER EASEMENT. THE PROPOSED
PRIVATE STREETS WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE
COUNTY OF FREDERICK. THE MAINTENANCE AND IMPROVEMENT OF SAID PRIVATE STREETS SHALL BE THE
SOLE RESPONSIBILITY OF THE OWNERS OF THE LOTS WITHIN THE AGE -RESTRICTED COMMUNITY WHICH ARE
PROVIDED ACCESS VIA THE PRIVATE STREETS.
7. ALL OPEN SPACE AREAS ARE SUBJECT TO 20' DRAINAGE EASEMENTS AS REQUIRED.
8. ALL PROPERTY OWNERS IN SHENANDOAH ARE REQUIRED TO BELONG TO THE SHENANDOAH HOME
OWNERS ASSOCIATION. THE ASSOCIATION IS THE OWNER OF ALL OPEN SPACE AND PRIVATE ROADS AND IS
RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS. ALL PROPERTY OWNERS MUST PAY AN ANNUAL
ASSESSMENT FOR THIS MAINTENANCE. THIS FEE AND ALL OTHER RULES OF THE ASSOCIATION ARE SET
FORTH IN THE RESTRICTIONS AND COVENANTS RECORDED AS INST #060001208 AMONG THE LAND RECORDS
OF FREDERICK COUNTY, VIRGINIA.
EXISTING ZONING: R5
EXISTING USE: VACANT
PROPOSED USE: AGE -RESTRICTED,
SINGLE-FAMILY SMALL LOT DETACHED
LINE TABLE
LINE
BEARING
LENGTH
L1
N50'01'15"W
79.37'
L2
N41'28'37"W
222.74'
L3
N07'27'22"E
65.67'
L4
S71'31'40"E
1 163.89'
L5
S61'35'41"E
218.16'
L6
I S41'21'02"E
1 26.76'
CURVE TABLE
CURVE
RADIUS
DELTA
LENGTH
TANGENT
BEARING
CHORD
C1
2000.00'
8'32'38"
298.24'
149.40'
N45'44'56"W
297.96'
C2
300.00'
48'55'59"
256.21'
136.51'
N17'00'38"W
248.50'
C3
350.00'
32*14'24"
196.94'
101.16'
N84'51'33"W
194.36'
C4
25.00'
57'46'09"
25.21'
13.79'
N82'22'35"E
24.15'
C5
50.00'
295*32'17"
257.91'
31.52
N21'15'39"E
53.33'
C6
25.00'
57'46'09"
25.21'
13.79'
N39'51'17"W
24.15'
C7
25.00'
99*12'25"
43.29'
29.38'
S29'25'02"W
38.08'
C8
25.00'
99*19,95"
43.29'
29.38'
S51'22'33"E
38.08'
r j
1160,
+J CORY M. HAYNES 9
No. 2539
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 2
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: N/A DATE: APRIL 18, 2006
REVISED: APRIL 21, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
PH1�Winchester, Virginia 22601
T 540,667.2139
F 540.665,04935.0493 SHEET 2 OF 6
Opp1,Lp'I
6
86-((A))-273D
N /F
OAKRIDGE PROPERTIES,
DB 604, PG 792
ZONED: RA
USE AGRI
CULTURAL
N05'05'40"W .46"E 46'
159.32' N�221
N74'5610"E
36.83'
PARCEL B2
OPEN SPACE
2.3924 AC
r� on Q
CON Q�
VN�Q/Z
o
Ki � �c)z '�F
c» w� oQ
N
L
q6
s
SOUR T NSER
OP NCS� C2
`S 0-.; "w� 4�3320 AnE
/ci / U�
/C)1Q N
61)
Q
o
� U
�o
r
Q
J
GRAPHIC SCALE 200 200
( IN FEET )
1 inch = 200 ft.
PNASF NqSEC
DOqM
ST #Og ECTION
USE ZoNEI R5207
OPEN SPA CE
87—((A))-103B
N F
COMMONWEALTH OF VA.,
COMMISSION OF GAME &
INLAND FISHERIES
DB 543, PG 751
ZONED: R5
USE: STATE GOVERNMENT
�p,1,TH OF Lr
v CORY K HAYNES 9
No. 2539
-�)Z1I06
PARCEL H2
PRIVATE STREETS
1.5031 AC
87—((A))-103
(REMAINDER)
195.5155 AC
-15' UTILITY ESMT
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 2
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=200' DATE: APRIL 18, 2006
REVISED: APRIL 21, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493
86—((A)) 273D' '
489.46 "—
OAKRIDGE PROPERTIES, INC. xv-
DB 604, PG 792
ZONED: RA
USE: AGRICULTURAL6� o�\060°°
NO
/ 15
i
PARCEL B2 87—((A))-103
OPEN SPACE / >;� (REMAINDER)
2.3924 AC 195,5155 AC
moo'
�LA
LOT
/ ,` 13,4513SF
v \ O „0000,
9
s �5 15 LOT 30 \
7,896 SF
/ PARCEL C2
OPEN SPACE > o�
4.3320 AC
r M SOy�S
zrn
t „ u' \ LOT 29 fa
LOT 19 \0li 1� 1'�, ` 7,871 SF
8,848 SFf;L
N21'15'39"E
� 112.28'
h J S21'15' 39V I
SEE SHEET 5
/ �LTH OF Ll FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 2
v CORY It. HAYNES OPEQUON MAGISTERIAL DISTRICT
No. 2539 FREDERICK COUNTY, VIRGINIA
I Z t f SCALE: 1"=50' DATE: APRIL 18, 2006
REVISED: APRIL 21, 2006
GRAPHIC SCALE Patton Harris Rust & Associates,pc
so 0 25 50 �.Q� 04' Engineers. Surveyors. Planners. Landscape Architects.
' 117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
( IN FEET) T 540.667.2139
1 inch = 50 ft. PHBA+
F 540.665.0493
SHEET 4 OF 6
3
0
0
m
D
V)
N
t
h
SEE SHEET 4
Z 87—((A))-103
N21'15'39:E (REMAINDER)
112.28' u7 195.5155 AC
S21'15 39�W 1 � Ut
119.21 15' 15'
a01 .' car rn
NI r wlo� LOT 28010
, oI o 110 0 0 -4 7, 484 SF "' m
w a, LOT 20 m
7,612 SF 1 I\ .15'39"E
oo N21
118.00' J'
S21'15' 392W �d
0
115.00' CD I I o\
3 a � � . I°�'� N LOT 27 �����
8,548 SF
,O LOT 21 - I�� ,
8,450 SF ( to 8 _ N21-15— —
� � 145.00
S21-15'3�� (n
to
145.00 c
Rl
LOT 26 NIA
10,053 SIF �l o
• O
O) r I N
Z v'
O � ,� *1
CR LOT 22 bw1n V N _{ 15' UTILITY ESMT
old 10,053 SF
w I� —i R,SO, N31'32 48„*E
�
113.00' PARCEL H2
PRIVATE STREETS Cn
0 1.5031 AC ��/ v 00
au
'o / SSW �P mod'• C5 4m � v
iA
�Zp, ORpdNPpE C=47.80' LOT 25 N
/ #114� y 11,669 SF m
LOT 23 / oo
LOT 24
12,067 SF
S4 8910, g.
PARCEL C2
OPEN
4.3320PACE
9 sobo1 PARCEL C2
S 8
�'�5.8�38• OPEN SPACE
e000120� 4.3320 AC
SEE SHEET 6
so GRAPHIC SCALE so
( IN FEET )
1 inch = 50 ft.
TH0
v CORY M. HAYNES a
No. 2539
-4)z.1 )OCR
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 2
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: APRIL 18, 2006
REVISED: APRIL 21, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
PHPA+
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493
C5
L-47.80'
#114�
LOT 23 % o0
SEE SHEET 5
LOT 25
11,669 SF
11,667 SF'>o\s
ox
LOT 24
12,067 SF
�8\39, 10,
4
1ss83gS� /�' '1•F' c'-
?8
�T'��> > •� e2 $�10s°6 PARCEL C2
s �8s
OPEN SPACE
4.3320 AC
v \
90 .-,
\ ?73�F ?0 ��8• 763
SFw \ f Zy1
N20'26 05 E
PARCEL C2 S2•10
OPEN SPACE 1 f-
4.3320 AC I I
I A) I
I I CE 25' SEW ESMT
I
I CI
w
I N I rn
� I I
12.5'--I II...-12.5'
S`1w 1 I
54 85,
I---=22'
01,Lp'I
�SMT
6p00,207
1
SHENANDOAH 1
PHASE 1, SECTION 1
INST #060001207
ZONED: R5 1
USE: OPEN SPACE
So GRAPHIC SCALE 0 25 50
( IN FEET )
1 inch = 50 ft.
' ELT H of Dj
0
v CORY M. HAYNES 9
No. 2539
4 I 7-1SM
l 06
FINAL PLAT
SHENANDOAH
q
PHASE 1, SECTION 2
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: APRIL 18, 2006
REVISED: APRIL 21, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
PHFA+
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 6
t KGI NIA: 1~ ::i L-,l-4it ICK COUNn . SCI'.
I his instrument of writing was produced to me on
at
• /
.ad with certificate of acknowledgement ,.hereto-innexco
,vas admitted to record. T imposed by Sec. 58.1-802 of
and 5&1-801 have been paid, if assessable
060009455
THIS DEED OF SUBDIVISION, EASEMENT AND CONVEYANCE (the "Deed") is
made this Eday ofAM, 2006, by and among OXBRIDGE DEVELOPMENT AT
SHENANDOAH, L.C., a Maryland limited liability company (hereinafter referred to as
"Owner"); SHENANDOAH HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock
corporation (hereinafter referred to as "Association"); the BOARD OF SUPERVISORS OF
FREDERICK COUNTY, VIRGINIA, a body corporate and politic (hereinafter referred to as
"County"); and the FREDERICK COUNTY SANITATION AUTHORITY, a body corporate
and politic (hereinafter referred to as "Authority")
WITNESSETH
WHEREAS, the Owner is the owner and proprietor of certain real property (the
"Property") as shown on plat dated April 25, 2006, entitled "Final Plat Shenandoah Phase 1
Section 3," and prepared by Patton Harris Rust & Associates, P.C., Winchester, Virginia, certified
land surveyors (the "Plat") which Plat is attached hereto; and
WHEREAS, the Property is situate in Frederick County, Virginia, Owner having acquired
the Property by deeds recorded in Instrument # 040022116 and in Instrument # 050015737, among
the land records of Frederick County, Virginia; and
WHEREAS, it is the desire and intent of Owner to subdivide the Property into lots and
parcels; and
WHEREAS, it is the desire and intent of Owner to reserve unto itself certain easements as
defined on sheet #2 of the Plat and as hereinafter provided; and
1
CD
WHEREAS, it is the desire and intent of Owner to grant and convey unto the County and
unto the Authority the easements in the locations as shown on the Plat and as hereinafter provided;
and
WHEREAS, it is the desire and intent of Owner to grant and convey unto the Association
the easements in the locations as shown on the Plat and as hereinafter provided; and
WHEREAS, it is the desire and intent of Owner to grant and convey unto the Authority
certain property in the location as shown on the Plat and as hereinafter provided.
SUBDIVISION
NOW THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00),
cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby subdivide the
Property into lots and parcels, to be known as Lots 32 through 88, inclusive, and Parcels A3, B3,
C3, D3, and H3, and Outlot G, PHASE 1, SECTION 3, SHENANDOAH, and a remainder,
(with Parcels A3, B3, C3 and D3 being referred to as "Open Space"), all in accordance with the
Plat which is expressly incorporated herein and made a part of this Deed.
RESERVATION OF EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Owner
does hereby reserve unto itself, its successors and assigns the following: (a) 15' utility easements
over the boundaries of all lots and Parcels A3, B3,C3 & D3, in the areas where said lots and
parcels are adjoining private streets, as shown on the Plat; (b) ingress -egress, drainage, water and
sanitary sewer easements along all private streets; and (c) drainage easements as shown on the Plat
as "20' DRAINAGE ESMT" AND "DRAINAGE ESMT, and over all open space parcels; and all
as more particularly set forth in Notes # 5, 6 and Ton sheet #2 of the Plat. The Owner has the right
J
to assign one or more of these easements in the future to any entity, including but not limited to the
County; the Authority, the Association; and utility companies. Further, the Owner has the right to
grant one or more of these easements to such entities by deed of easement. Any such grant by deed
or assignment may include such terms and conditions as deemed appropriate by the Owner and
such entities.
COUNTY EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby grant and convey unto the County, its successors and assigns, the easements as hereafter set
forth in the respective locations shown on the Plat as follows:
A. Emergency Ingress and Egress Easement. An easement for ingress and egress,
for construction and maintenance of utilities, for County and other emergency vehicles, and for the
purpose of performing any governmental functions which the County may find necessary or
desirable to perform, including but not limited to police and fire protection, over and across all
private streets, common driveways, public and private access easements, and ingress and egress
easements, as shown on the Plat.
B. Storm Drain Easements. Easements for the purpose of constructing, operating,
maintaining, adding to, altering or replacing present or future stormwater management facilities,
storm drainage lines, storm sewer lines or other drainage structures, including building connection
lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm
waters and its transmission through and across the said property of Owner, said easements being
more particularly bounded and described on the Plat as "20' DRAINAGE ESMT" AND
"DRAINAGE ESMT".
3
0
The foregoing easements are subject to the following conditions where applicable:
1. All sewers, manholes, inlet structures, and appurtenant facilities which are
installed in the easements shall be and remain the property of the County, its successors and
assigns.
2. The County and its agents shall have full and free use of said easements for
the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of
the easements including the right of access to and from the easements and right to use adjoining
land where necessary; provided, however, that this right to use adjoining land shall be exercised
only during periods of actual construction or maintenance, and further, this right shall not be
construed to allow the County to erect any building or structure of a permanent nature on such
adjoining land.
3. The County shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions or facilities in or near the easements being conveyed,
deemed by it to interfere with the proper and efficient construction, operation, and maintenance of
said easements; provided, however, that the County, at its own expense, shall restore, as nearly as
possible, the premises to their original condition. Such restoration shall include the backfilling of
trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture
areas, and the replacement of structures and other facilities located without the easements, but shall
not include the replacement of structures, trees, or other facilities located within the easements.
4. Owner reserves the right to construct and maintain roadways over said
easements to the extent not prohibited or restricted by ordinance and to make any use of the
easements herein granted which may not be inconsistent with the rights herein conveyed or
4
CZ)
interfere with the use of said easements by the County for the purposes named; provided, however,
that Owner shall not erect any building or other structure, excepting a fence, on the easements
without obtaining the prior written approval of the County.
F.C.S.A. EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby grant and convey unto the Authority, its successors and assigns, the easements as hereafter
set forth in the respective locations as shown on the Plat, as follows:
A. Waterline Easements. Waterline easements for the purpose of constructing,
operating, maintaining, adding to, altering or replacing present or future water mains, including fire
hydrants, valves, meters, building service connections, and other appurtenant facilities for the
transmission and distribution of water through, upon, and across the property of Owner, said
easements being more particularly bounded and described on the Plat.
B. Sanitary Sewer Easements. Easements for the purpose of constructing, operating,
maintaining, adding to, altering or replacing present or future sanitary sewer lines, including
building connection lines, sanitary lateral lines, manholes and all other appurtenant facilities
necessary for the collection of sanitary sewage and its transmission through and across the property
of Owner as shown on the Plat as "SEW ESMT".
C. FCSA Access Easement and EmerLyency Access. An easement for ingress, egress,
access and emergency access to the facilities of the Authority, as said easements are more
particularly bounded and described as "20' I/E Esmt" on the Plat.
The foregoing easements to the Authority are subject to the following conditions:
5
co
All water mains, sewer lines, and appurtenant facilities which are installed in
the easements shall be and remain the property of the Authority, its successors and assigns.
2. The Authority and its agents shall have full and free use of said easements
for the purposes named, and shall have all rights and privileges reasonably necessary to the
exercise of the easements including the right of access to and from the easements and the right to
use adjoining land where necessary; provided, however, that this right to use adjoining land shall
be exercised only during periods of actual construction or maintenance, and further, this right shall
not be construed to allow the Authority to erect any building or structure of a permanent nature on
such adjoining land.
3. The Authority shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions or facilities in or near the easements being conveyed,
deemed by it to interfere with the proper and efficient construction, operation, and maintenance of
said water mains, sewer lines, and appurtenant facilities; provided, however, that the Authority at
its own expense shall restore as nearly as possible, to their original condition, all land or premises
included within or adjoining said easements which are disturbed in any manner by the
construction, operation, and maintenance of said water mains, sewer lines and appurtenant
facilities. Such restoration shall include the backfilling of trenches, the replacement of fences and
shrubbery, the reseeding or resodding of lawns or pasture areas, and the replacement of structures
and other facilities located without the easements, but shall not include the replacement of
structures, trees, and other facilities located within the easements.
4. Owner reserves the right to construct and maintain roadways over said
easements and to make use of the easements herein granted which may not be inconsistent with the
6
rights herein conveyed or interfere with the use of said easements by the Authority for the purposes
named; provided, however, that Owner shall not erect any building or other structure, except a
fence, on the easements without obtaining the prior written approval of the Authority.
SIDEWALK/TRAIL & UTILITY EASEMENT
THIS DEED FURTHER WITNESSETH THAT in consideration of the premises and the
sum of One Dollar ($1.00), cash in hand paid, the receipt of which is hereby acknowledged, Owner
does hereby grant and convey unto the County and the Association a public access easement, right-
of-way and utility easement for the purpose of constructing, using, and maintaining utilities and a
sidewalk/trail over and across the Property as shown on the Plat described as "15' Pedestrian
Access & Utility Esmt", said easement to be used exclusively for utilities and pedestrian and non -
motorized vehicular use, subject to the following terms and conditions:
The County and the Association shall have full and free use of the easement for the
purposes named, and shall have all rights and privileges reasonably necessary to the exercise
thereof and right to use adjoining land where necessary; provided, however, that this right to use
adjoining land shall be exercised only during periods of actual construction or maintenance, and
further, this right shall not be construed to allow the County or the Association to erect any
building or structure of a permanent nature on such adjoining land.
2. The County and the Association shall have the use of the easement free from any
obstructions and shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or
other obstructions or facilities in or near the easement being conveyed, deemed by it to interfere
with the proper and efficient construction, use, and maintenance of said easement.
Co
3. The Association shall have the right in its sole discretion to provide paving and to
plant trees and shrubbery within the easement which shall remain the property of Association, its
successors and assigns.
4. The construction, repair and maintenance of the easement areas shall be the
responsibility of the Association, and shall not be the responsibility of the County or the
Commonwealth.
PRIVATE STREET INGRESS/EGRESS EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration of the sum of One Dollar
($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby create
and establish an easement for ingress and egress and for the construction and maintenance of
utilities in the location as shown on the Plat, designated thereon as "Grebe Drive", "Osprey Lane"
and "Rachel Carson Drive" for the use and benefit of the lot(s) served thereby. The Association,
its successors and assigns, shall be responsible for the construction, repair and maintenance,
including snow removal, of the roadway within the easement. The construction, repair and
maintenance of the roadway and the easement shall not be the responsibility of the County or the
Commonwealth.
CONVEYANCE TO AUTHORITY
THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby GRANT AND CONVEY WITH SPECIAL WARRANTY OF TITLE unto the Authority,
Outlot G, Section 3, Phase 1, Shenandoah, containing 0.0574 acres, to have and to hold unto the
Authority, its successors and assigns.
8
CD
CO
. r_
MISCELLANEOUS
Headings used in this Deed are for convenience purposes only and are not intended to affect
the express terms herein set forth.
This Deed is made in accordance with the statutes made and provided in such cases; with
the approval of the proper authorities of Frederick County, Virginia, as shown by the signatures
affixed to the Plat, and is with the free consent and in accordance with the desire of Owner, the
owner and proprietor of the land depicted on the Plat.
The undersigned warrants that this Deed is made and executed pursuant to authority
properly granted by the operating agreement of the Owner.
The Association unites herein to indicate and confirm its acceptance of all of the
maintenance and other obligations assigned to or assumed by the Association under this Deed.
IN WITNESS WHEREOF, the Owner has caused this Deed to be executed, under seal.
9
OXBRIDGE DEVELOPMENT AT
liability
By:_
Name:
Title:
STATE OF
COUNTY , to wit:
L.C_ a Marvlandlimited
nn I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
6P. oy a > as ,C4 J of OXBRIDGE
DEVELOPMENT AT SHENANDOAH, L.C., whose i9me is signed to the foregoing Deed,
appeared before me and personally acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this RYA, day of."AA-- 2006.
Notary Public
My commission expires: 07
10
CID
STATE OF VIRGINIA: ,
COUNTY O , to wit:
�a I, the undersi ed N tary Public, in and for the jurisdiction aforesaid, do hereby certify that
0k- '�- C� . ,, as of
SHENANDOAH HOMEOWNERS ASSOCIATION, INC., whose name is signed to the foregoing
Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this -1'day of 52006.
Notary Public
My commission expires % o OC7
I"
d Ai
j CARBON `DR.`,
y SLAKE Qh�
FREDERICKDR
oo�
Aj
Y
VICINITY MAP
SCALE: 1" = 5000'
APPROVED BY: j
FREDERICK COUNTY SUBDIVISION ADMINISTRATOR
FREDERICK COUNTY SANITATION AUTHORITY
co
cc
DATE //;�
DATE Od
OWNER'S CONSENT:
THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF OXBRIDGE DEVELOPMENT AT SHENANDOAH,
L.C. AS APPEARS ON THE ACCOMPANYIf�f�G PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH
THE DESLRE$,, QF THE PNDERWNED OYNERS, PROPRIETORS AND TRUSTEES, IF ANY.
PRINTED NAME &
NOTARY P 7WC • ,
STATE OF Cal
�� ra
-0 CITY/COUNTY OF u 666� r\
THE FO EGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON U BY
\
`Am& hAkL= MY COMMISSION EXPIRES
(NOTARY PUBLIC) (DATE)
SURVEYOR'S CERTIFICATE
I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY
CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS
SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO OXBRIDGE DEVELOPMENT AT
SHENANDOAH, L.C. BY DEED RECORDED AS INSTRUMENT #040022116 AMONG THE LAND RECORDS OF
FREDERICK COUNTY, VIRGINIA.
FINAL PLAT
,�TyT H OF
SHENANDOAH
PHASE 1, SECTION 3
p� 1� OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
p SCALE: AS SHOWN DATE: APRIL 25, 2006
+J CORY M. HAYNES
No. 2539 Patton Harris Rust & Associates,pc
a� Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
PH
1�Winchester, Virginia 22601
T 540.667.2139 F 540.665.04930493 SHFFT 1 OF 10
3
0
0
m
D
M
U
W
V)
CL
0
N
M
a
AREA SUMMARY
MINIMUM SETBACK REQUIREMENTS:
AREA IN LOTS = 8.5957 ACRES
AREA IN PRIVATE STREETS = 2.8683 ACRES
AREA IN OUTLOTS (FCSA) 0.0574 ACRES
AREA IN OPEN SPACE = 11.3457 ACRES
TOTAL AREA SUBDIVIDED = 22.8671 ACRES
NUMBER OF LOTS = 57
AVERAGE LOT SIZE = 6,572 SF
SMALLEST LOT SIZE = 4,400 SF
PIN 87-A-103 RESIDUAL AREA = 172.6484 ACRES
NOTES:
1. PARENT TRACT - FREDERICK COUNTY PIN: 87-A-103.
35' FROM RACHEL CARSON DRIVE C
20' FROM ALL OTHER PRIVATE STREETS
REAR = 15' co
SIDE = 5' (DETACHED)
SIDE = 0' ONE SIDE/10' OPPOSITE SIDE (ATTACHED)
MINIMUM BUILDING SEPARATION = 20' (DUPLEXES)
DUPLEX LOTS: 32-57
2. BASIS OF MERIDIAN FOR THIS PROJECT IS THE FINAL PLAT OF SUBDIVISION; SHENANDOAH, PHASE 1, SECTION
1 RECORDED AS INST #060001207.
3. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT.
4. PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH COMMONWEALTH OF
VIRGINIA AND FREDERICK COUNTY REGULATIONS.
5. ALL LOTS AND OPEN SPACE AREAS ARE SUBJECT TO A 15' UTILITY EASEMENT ALONG ALL PRIVATE STREETS.
6. RACHEL CARSON DRIVE IS A PRIVATE STREET SUBJECT TO A 50' INGRESS -EGRESS, DRAINAGE, WATER AND
SANITARY SEWER EASEMENT. ALL OTHER ROADS (AS DELINEATED HEREIN) ARE PRIVATE STREETS SUBJECT TO
A 30' INGRESS -EGRESS, DRAINAGE, WATER AND SANITARY SEWER EASEMENT. THE PROPOSED PRIVATE STREETS
WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF FREDERICK.
THE MAINTENANCE AND IMPROVEMENT OF SAID PRIVATE STREETS SHALL BE THE SOLE RESPONSIBILITY OF THE
OWNERS OF THE LOTS WITHIN THE AGE -RESTRICTED COMMUNITY WHICH ARE PROVIDED ACCESS VIA THE PRIVATE
STREETS.
7. ALL OPEN SPACE AREAS ARE SUBJECT TO (MINIMUM) 20' DRAINAGE EASEMENTS AS REQUIRED.
8. ALL PROPERTY OWNERS IN SHENANDOAH ARE REQUIRED TO BELONG TO THE SHENANDOAH HOME OWNERS
ASSOCIATION. THE ASSOCIATION IS THE OWNER OF ALL OPEN SPACE AND PRIVATE ROADS AND IS RESPONSIBLE
FOR THE MAINTENANCE OF THOSE AREAS. ALL PROPERTY OWNERS MUST PAY AN ANNUAL ASSESSMENT FOR THIS
MAINTENANCE. THIS FEE AND ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRICTIONS AND
COVENANTS RECORDED AS INST #060001208 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA.
EXISTING ZONING: R5
EXISTING USE: VACANT
PROPOSED USE: AGE -RESTRICTED,
SINGLE-FAMILY SMALL LOT:
SINGLE-FAMILY DETACHED AND ATTACHED (DUPLEX)
REF. § 165-65, PARAGRAPH F OF THE ZONING ORDINANCE
LINE TABLE
LINE
BEARING
LENGTH
L1
N07'27'22"E
120.09'
L2
N07'12'26"W
342.38'
L3
N82'47'34"E
225.26'
L4
S82'46'36"E
42.59'
L5
S70'09'30"E
51.63'
L6
S62'49'38"E
65.33'
L7
S46'57'32"E
128.17'
L8
S40'12'06"E
212.22'
L9
S4225'21 "E
54.31'
L10
S45'42'20"E
53.76'
L11
S48'42'56"E
53.67'
L12
S51'43'24"E
53.62'
L13
S55'16'43"E
54.19'
L14
S57'48'07"E
54.19'
L15
S61'21'26"E
53.62'
L16
S64'21'54"E
53.67'
L17
S68'58'58"E
99.34'
L18
S21'01'02"W
30.00'
L19
S21'01'02"W
21.76'
L20
N48'33'20"W
50.00'
L21
N41'26'40"E
50.00'
L22
N48'33'20"W
50.00'
L23
N41'26'40"E
50.00'
L24
S41'32'08"E
25.00'
L25
S64'38'56"E
19.74'
L26
N23'10'32"E
21.58'
L27
S3011'18"W
58.99'
L28
S58'38'52"E
241.96'
L29
S64'38'56"E
163.26'
L30
N23'10'32"E
82.05'
L31
S62'02'25"E
270.60'
L32
S43'25'10"E
272.70'
L33
S54'14'22"E
133.76'
L34
N29'56'36"W
18.89'
CURVE TABLE
CURVE
RADIUS
DELTA
LENGTH
TANGENT
BEARING
CHORD
C1
2800.00'
14'39'48"
716.59'
360.26'
N00'07'28"E
714.64'
C2
225.00'
37'07'06"
145.76'
75.54'
N72'03'43"W
143.23'
C3
1550.00'
7'42'20"
208.46'
104.39'
S57'21'20"E
208.30'
C4
100.00'
97'46'28"
170.65'
114.58'
N69'54'16"E
150.68'
C5
25.00'
90'00'00"
39.27'
25.00'
S66'01'02"W
35.36'
C6
25.00'
90'00'00"
39.27'
25.00'
S23'58'58"E
35.36'
C7
25.00'
90'00'00"
39.27'
25.00'
N66'01'02"E
35.36'
C8
25.00'
90'00'00"
39.27'
25.00'
N23'58'58"W
35.36'
C9
1000.00'
28'46'52"
502.33'
256.58'
S54'35'32"E
497.06'
C10
200.00'
57'00'20"
198.99'
108.60'
N68'42'16"W
190.88'
C11
25.00'
90'00'00"
39.27'
25.00'
S52'12'26"E
35.36'
C12
25.00'
90'00'00"
39.27'
25.00'
S37'47'34"W
35.36'
C13
25.00'
89*16'30"
38.95'
24.69'
1 S45'59'01 "E
35.13'
C14
25.00'
89'07'00"
38.88'
24.62'
S44'49'14"W
35.08'
C15
50.00'
80'00'00"
69.81'
41.95'
N01'32'08"W
64.28'
C16
50.00'
1 53'20'47"
1 46.55'
25.12'
S11'47'28"W
1 44.89'
�4.q3 NLTH
CORY M. HAYNES 9
No. 2539
Zsl 06
lq� SUR;d4
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 3
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: N/A DATE: APRIL 25, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
PHPA+
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493
001�01
�060�
86-((A)) 273D
OAKRIDGE PROPERTIES, INC
DB 604, PG 792
ZONED: RA
USE: AGRICULTURAL
R PC\Alz
OR
C PRSa��.sM`�
0.
V
LPK�\GKN
W 15
f o�
7�
N � LA
-A00LPrn
PARCEL C3
OPEN SPACE
7.0518 AC
Or.
SQPPi,
Q oQ����`6eti9g�
PARCEL D 3 ''---�
OPEN SPACE
0.2968 AC
OUTLOT G —�
0.0574 AC HEREBY
CONVEYED TO FCSA
IN FEE SIMPLE ,
r
6�r
0
L3 (TOTAL)
�s.
S. L4
L5
'3
L6
"L;o
S21•01'02"w
a\—L18 91.42'
S68.58'58"E
110.00
Z 87-1(All-?0
(REMAINDER'
tx � 172.6484 AC
(f Ttp,
� Ln
o �w --- 87-((Ai'-1038
�N t: °3 /F
a? COMMON WEAL i H OF .1�.,
�^ COMMISSION OF GAM`
SHEET INDEX: ,/ \ INLANI_I FISHERILS
SHEET 3 OVERALL SITE DB 543, PG 751
SHEET 4 LOTS 32-35 & 44-46 ZONED: R5
SHEET 5 LOTS 36-43 & 47-53 USE: STATE GOVERNMENT
SHEET 6 LOTS 54-59 & 87-88; PARCEL D3 4
SHEET 7 OUTLOT G
SHEET 8 LOTS 60-65 & 81786
SHEET 9 LOTS 66-71 & 76-80 LTH p
SHFFT inI (ITS 7�-75 ��
*PARCEL H3
PRIVATE STREETS
2.8683 AC
GRAPHIC SCALE Zoo oZoo
( IN FEET )
1 inch = 200 ft.
v CORY M.
HAYNES a
No.
2539
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 3
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=200' DATE: APRIL 25, 2006
Patton Harris Rust & Associates,pc
�`Ql� S[TR 4Q Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 3 OF 10
86—((A))-273D
OAKRIDGE PROPERTIES, INC. L� sT #os0001207 CZ)
DB 604, PG 792
ZONED: RA
USE: AGRICULTURAL N°7'12'26w _ -- -
- — -' 829.90'
PARCEL B3
SEE SHEET 3 OPEN SPACE
2.1246 AC
15' UTILITY ESMT SEE SHEET 3 & 10
N
_ _c_ RACHEL CARSON DRIVE N
LO
N L=26.06' 50' I/E ESMT L=325.80'
INST #030014883 N
L=84.13' — —
\) N Lv G�,y
00 .-
15' PEDESTRIAN " Z —
ACCESS &UTILITY N N " J 15' PEDESTRIAN
ESMT a; LOT 32 I I ACCESS & UTILITY
7,757 SF Q ►- N'* W 15' N ESMT
3I xW I ct
�N 11 W
S0016'E 15' N o
'37'N
00 F
1120. '1 *
PARCEL C3 gooi
OPEN SPACE z N
7.0518 AC �; LOT 33 N 8 PARCEL A3
6,673 SF It 15' 1g� 3 OPEN SPACE
I 00 1.8725 AC
Z J N
p l� o �
S1�OS 18"W ^ W I va �I
s s8 00
9T3/%'�
47
'9. ti
�/ A,
01
6C0T6.
19, sly p
S O
tiFF ti�•9�2 �6 s �/�
?.os�S�� r�
O
*PARCEL H3 NJ, TH OF / FINAL PLAT
PRIVATE STREETS° �� SHENANDOAH
2.8683 AC o PHASE 1, SECTION 3
v CORY M. HAYNES 9 OPEQUON MAGISTERIAL DISTRICT
No. 2HA FREDERICK COUNTY, VIRGINIA
SCALE: 1"=50' DATE: APRIL 25, 2006
�125106
Patton Harris Rust & Associates,pc
GRAPHIC SCALE �gND�4� Engineers. Surveyors. Planners. Landscape Architects.
50 0 25 50 SUR
PHEast Piccadilly Street, Suite 200
Winchester, Virginia 22601
( IN FEET T 540.667.2139
1 inch = 50 ft. F 540.665.0493
SHEET 4 OF 10
1)
W
UQUQ
_IN00
UZn
wwo
Qo^
0-
SEE SHEET 4
S36*29'50"W i J ^ I N36_29'50"E
10)
123.05'o lawLL
w
- o LOT 36 o Z =-
o � 4,420 SF 1� Q w � LOT 47 —0
jd—
S36_29'50"W I —J to N 6,152 SF ;�
w to
0 110.51' I I I j n N36_29'50"E N
I � I
o " LOT 37 0� u 0 123.os'
z to 5,525 SF of I N toI LOT 48 0
I to 1 O �h5 4,922 SF 61
S36*29'50"W l N36_29'S0"E 1
110.51' N 123.05'
LOT 38 I� � Of
LOT 49 N
4,487 SF C° N °'
"� °D a of
„ � II N N 3 6,260 SF
3 S357 7 50 W w -� Cd I I N
n Iu 110.00 J J Co w N34_53'47"E
I-
* to LOT 39 M 122.4s'
I
15' 15'
z LO 5,635 SF c I I LOT 50 N
5,056 SF CD
S33_29'24"W 8' N33'18'17"E !+� 1
110.83' to 124.40' o
CO
N LOT 40 I �I " �o - I
rn � 4,514 SF MI o Ito I LOT 51
N to 6,390 SF V'
3�— S32 02 40 Co
W p
710.17' d15') J _ N31'18'55"Eo
_
oI 125.25'
0 LOT 41 Wto
z N 5,640 SF I J I W LOT 52
x CD
�'I°'I 5150 SF M M
3 IJ J ' N
S3074'14"W �''
IN� N29� 43 — to
110.83' rn 126.43 N
LOT 42 I M
C4 N 4,517 SF
S28-47'30"W
110.30'
M
43
CD LOT5 SF
Z � 5,5
528'47' 30"
110.30'
,you
0001
�6 c�
*PARCEL H3
PRIVATE STREETS
2.8683 AC
GRAPHIC SCALE
50 So
( IN FEET )
1 inch = 50 ft.
T H of �l
,�' -ems. Ul.. ✓�
v CORY M. HAYNES �
No. 2539
�}lZ5�c�6
LOT 53
6,395 SF
N28.4� —
126.62
SEE SHEET 6
w
w
2
N
w
w
U)
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 3
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: APRIL 25, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 5 OF 10
o DRAIN&GE'ESMT
6 S62�31' N35.44'11"W
— 2519' PARCEL H3
_�L17 PRIVATE STREETS
�-- ss.34 2.8683 AC .--
o—� rn o 0
u2
co .-
w ti w w 15' 15, 3
m- 00 N `�' 00 LL� 0- W o
a 10 r. „I o CO H a'r Z o
c01= 0 C0 ;1 t0 I-- �
! O 3 ._ 04 J N
Z C14J�p Z -j00 �� rn�I}
Lv
SEW ESMT lL
d
00 Z
L31 0 L=30.61' 0 N
tw L 60.87' 17.35' G� * (j)
.n 0.46' " 97.35' 87—((A))-103
C9 s68'5858 E TOTAL (REMAINDER) �0
w ;n 57.35 40.00' 72.6484 AC 0,
L-- 5-3 , ,� *GREBE DRIVE ro
� 17.35
_
18' WATER
ESMT
15' UTILITY 1
ESMT 1 J
3 8, S68_58'58"E
rn LO N N ^ 00 110.00'
00 LOT 57
;n �� in - �O I l0 1C)
H r) :n M �' N 4,400 SF
1 J n N Cn n w S68*58'58"E
1 WL 04
o M T' 15110.00'
1 i �ir 5
3 0l o LOT 56 0l0
S61'12 3o"E to o to I 5,500 SF 0 0
38.13 22.96' _ 80.46' I I I 00
S68.58'58"E 103.43' Z ,._L68_58'58"E
2 �'uNi ^ T 110.00' 3
N
EnM. �I ^ o LOT 55 0
w I -'I 15' 15' 0 4,400 SF
OPEN SPACE N ss8.58'S8"E iN
b PARCEL D3 1io.00' —
►n N 0.2968 AC I N
It Co/ / n J �° LOT 54 0
00 N '' �� / 5,606 SF o
�- Z v�i / / o`O `� S4714'40"E `n
N c� u v <�A S68.58'58"E s>
LJ
24.28' L26
S61'12'30"E L=44.48 bC3
50.86' _ \
SF
152 6A, L2
25 \ �S
0'86 PARCEL C3
OPEN SPACE
7.0518 AC
3
a
�10
NI^�p,LTH pF FINAL PLAT
SHENANDOAH
--4• �'� PHASE 1, SECTION 3 0
v CORY M. HAYNES OPEQUON MAGISTERIAL DISTRICT m
FREDERICK COUNTY, VIRGINIA m
No. 2539 SCALE: 1"=50' DATE: APRIL 25, 2006 N
•4I25/b to
Patton Harris Rust & Associates,pc w
GRAPHIC SCALE
L9NDQ4' Engineers. Surveyors. Planners. Landscape Architects.
50 0 25 50 SUR 117 East Piccadilly Street, Suite 200 =
Winchester, Virginia 22601
P T 540.667.2139 04
( IN FEET) H, F 540.665.0493 SHEET 6 OF 10 M
1 inch = 50 ft.
u SEE SHEET 6 —
��
Z_
S47•14'4p"E
20.00
u7 �� <?R � 9 sp'
w SPR��(/ �� • \ S685858"E 87—((A))-103
w �,% j 10' (REMAINDER}
o L26 C15 172.6484 AC
\ \
w L25 1
N
20' SEW ESMT \\00� \ 20' I/E ESMT
\ �\ �0
\ \ N
\ \ O
PARCEL C3 \`P1
OPEN SPACE
v7.0518 AC
10 4\�'P
4)
�? ry OUTLOT G \
0.0574 AC HEREBY \
PARCEL C3
CONVEYED
TO FCSA
OPEN
I IN FEE
SIMPLE
0518P ACE
I I
I�-12.5'
Q
W
w
>w��L�
(o
11
` u7
O�(�0zy
N ^
;o LLJ
3
rn = �
JOcna�
Qz<zN
0Qm0�r,
00
_ 128.86'
—
—
N77'48'12"W
316.06'
00
SHENANDOAH
1
U U
PHASE 1, SECTION 2
/
SEWER ESMT
PARCEL C2
PHASE 1
SECTION 2
OPEN SPACE
Aj
PARCEL H3 +° GORY M. HAYNES a
PRIVATE STREETS
2.8683 AC No. 2539
4)'ZS 10C
GRAPHIC SCALE
50 0 25 50
( IN FEET )
1 inch = 50 ft.
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 3
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: APRIL 25, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
PHPA+
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 7 OF 1(
::
F—
w
w
w
W
V)
N,
F-
w
w
V)
w
w
U)
#c-6000XT�
SEE SHEET 9
W /N4739'4i
ro _ 07 114.50
N � � 544� 4�0=w ' /Cl I
12J.s3' — 1 �,l LOT 81
LOT 65 I j 6'620 sF
8,129 SF N44 07' ..
19 E
I) 116.0p•
S41' „ ~
-- 2-7W I I N I �I 10 w � LOT 82
131.08, `f
�I N 6,687 SF
LOT 64
' to _-3�_I 1 I
N40134'S2
"E,8 SF Io
bS W �15' Ia 7.00
_ 15, LOT 83
M 1242'
J I 6,727 SF
o Cn LOT q(063 � hI 15' „
'0 7,274 SF zi F I �iI rn N37 02 24 E
�
J w N ---�-- _ _ S35'22'26"00W w oD I - o
127.' o f �, 1 J W LOT 84
6,830 SF
(, LOT 62 I r.;l ° w°
7,340 SF 'O N33 27 35„ E
M 118.00'
I � IJI
S3219'47=W _ _
i 28.7s' I i�l I LOT 85
w I rn u l 6, 830 SF
LO
T 61 —�O 7 85 SF I IMI I I N29_52'46"E
Ito � ' I I I 117.50'
— --in S2917'08"W I II
I T 8612 30j LO1 0 6,727 SF
LOT 60 0'8
"
Ew SF N262
g,117.00
to to
—�10 N S25.5� W I�O�
*PARCEL H3
PRIVATE STREETS
2.8683 AC
SEE SHEET 6
ELT H t7F yj
U CORY M. HAYNES �P'
No. 2539
GRAPHIC SCALE
So So
SUR
( IN FEET )
1 inch = 50 ft.
cr,
0
� I I
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 3
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: APRIL 25, 2006
Patton Harris Rust & Associates, pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHFFT R OF 1 c
C�
000��o� 1 SEE SHEET 10
L�0 S44 5g,35bW
'i-79 I I
LCT
PARCEL A3 / ; 322 SF � �, N4�21',3sb
OPEN SPACE I ^ 1j E
1.8725 AC S4g 4j.54bW 3 / / o #
`v o 127 l
h N 76
6, 38 :`'
CVs Q T 7Q / o4 SF N
985 SF / /o Ng 4j, N
/ � � 54 be �
`p ` S¢g 4 j 54 p0, l
b
� O 12\W �0
�QT 6.215 Sr -O
6, 985 S9 / /vo%/ a N49,4j 54
S494 �� / 1j3po "E /
54 b �Cl o Co
0 12�p0, W\�0 8',8 J/
4) �0 o N / 6,215 SF to l
6,9856$8 ,i / o / m / 151 Nog 47'
CO
Op4 W 40
1 * M/ 3 � 0 %
CQT 6 o r,, 215 Sr o2Q o / o �Q
th N ti p - w
7,163 N4g. ���
SF 94�5 ac„ "� v, .- Zoo
S4j4 rn 113 p04 f 0 101, Q <
g 40b " /N �w CN
� 0 1� 0p�W � � / /M � / g C T BQ / / co
L4T �/ � ,428 SF
66
_LAJ ,290 SF rn l N473g
46
E /
CV S44=W
cn� 127 93' ' I
� 1 �
*PARCEL H3
PRIVATE STREETS
2.8683 AC
GRAPHIC SCALE
So So
( IN FEET )
1 inch = 50 ft.
SEE SHEET 8
� �ELTH op':
o
v CORY M. HAYNES �P'
No. 2539
-41rZ1a6
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 3
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: APRIL 25, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
PHBA+
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 9 OF V
86—((A))-273D
DB 604, PG 792
N /F
ZONED:
OAKRIDGE PROPERTIES, INC. USE: AGRICULTURAL
N07'12'26"W
— — — _ 829.90'
PARCEL B3 I
OPEN SPACE
2.1246 AC N
0
SEE SHEET 3
15' UTILITY ESMT
342.38'
04* RACHEL CARSON DRIVE L2 N
192.38'
N 50' I/E ESMT w 150.0o LO
N
I N ST #030014883 M
152.38' _ — 0 �� fn—
in 110.00'J15' PEDESTRIAN 15' PEDESTRIANACCESS & UTILITY ACCESS & UTILITY rnESMT ESMT �PARCEL A38'LOT 72
OPEN SPACE0'
1.8725 AC Co AINAGE 13,968 SF
5 ^ —�1 p� ESMT 1-34
A 8' WATER ESMT
\ 15' UTILITY ESMT 15, 15,
00 Co
S� SEW ESMT / / Q� /„o' / 136.62'
Cc)
f J
7S 8 S96 140
�0
/
L /
87—((A))-103
O ��� (REMAINDER)
O iA 9�
Ik 172.6484 AC
*PARCEL H3
PRIVATE STREETS ,��a'�
2.8683 AC F
��
16•
/ INST
-- #060001207
GRAPHIC SCALE
50 0 25 50
( IN FEET )
1 inch = 50 ft.
TH t7F �l
0
v CORY M. HAYNES a
No. 2539
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 3
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: APRIL 25, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
PHFA+
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 10 OF 1
VIRUINIA- FREDERICK COUNTY. SCr.
tlli,,, instrument of writing was produced to me on
OW!'�Ci
�d with ceytifi(at( -W" -'emerl ic
as ada0ttcd tr) iv"d- -F raposoci r-w Ser- i
$—.JZ22:,. aad 58.1-801 have bow paid, if,a
COMMONWEALTH OF VIRGINIA
7 T 7.T
90
v
0
7
t: T 71 7 n E': n r- 7
ai 7H
7- 7
LU
U)IL
CD
2
cr
0
LL
w
ill I
co
DC-1 8 (1/90)
m
060020323 a
CD
THIS DEED OF SUBDIVISION AND EASEMENT (the "Deed") is made this�&dayof
4., � Eh.• , 2006, by and among OXBRIDGE DEVELOPMENT AT SHENANDOAH, L.C.
a Maryland limited liability company (hereinafter referred to as "Owner"); SHENANDOAH
HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock corporation (hereinafter referred
to as "Association"); the BOARD OF SUPERVISORS OF FREDERICK COUNTY,
VIRGINIA, a body corporate and politic (hereinafter referred to as "County"); and the
FREDERICK COUNTY SANITATION AUTHORITY, a body corporate and politic
(hereinafter referred to as "Authority").
WITNESSETH
WHEREAS, the Owner is the owner and proprietor of certain real property (the
"Property") as shown on plat dated July 14, 2006 as revised on October 4, 2006, entitled "Final
Plat Shenandoah Phase 1 Section 5," and prepared by Patton Harris Rust & Associates, P.C.,
Winchester, Virginia, certified land surveyors (the "Plat") which Plat is attached hereto; and
WHEREAS, the Property is situate in Frederick County, Virginia, Owner having acquired
the Propertyby deeds recorded in Instrument # 040022116 and in Instrument # 050015737, among
the land records of Frederick County, Virginia; and
WHEREAS, it is the desire and intent of Owner to subdivide the Property into lots and
parcels; and
WHEREAS, it is the desire and intent of Owner to reserve unto itself certain easements as
defined on sheet #2 of the Plat and as hereinafter provided; and
1
A0089275.DOC / 1 Deed of Sub, Ph 1, Sec 5 002559 000013
I
WHEREAS, it is the desire and intent of Owner to grant and convey unto the County and
unto the Authority the easements in the locations as shown on the Plat and as hereinafter provided;
and
WHEREAS, it is the desire and intent of Owner to grant and convey unto the Association
the easements in the locations as shown on the Plat and as hereinafter provided.
SUBDIVISION
NOW THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00),
cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby subdivide the
Property into lots and parcels, to be known as Lots 89 through 132, inclusive, Lots 161 through
165, inclusive, and Open Space Parcels A5, B5, C5 & D5, and Parcel E5, Phase 1, Section 5,
SHENANDOAH, all in accordance with the Plat which is expressly incorporated herein and made a
part of this Deed.
RESERVATION OF EASEMENTS
THIS DEED FURTHER WITHNESSETH that in consideration of the premises and the
sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Owner
does hereby reserve unto itself its successors and assigns the following: (a) 15' utility easements
over the boundaries of all lots and Open Space Parcels A5, B5, C5 & D5, in the areas where said
lots and parcels are adjoining private streets, as shown on the Plat; (b) ingress -egress, drainage,
water and sanitary sewer easements along all private streets; and (c) drainage easements as shown
on the Plat as "VARIABLE WIDTH DRN ESMT", and over all open space parcels; and all as more
particularly set forth in Notes # 5, 6 and Ton sheet #2 of the Plat. The Owner has the right to assign
one or more of these easements in the future to any entity, including but not limited to the County,
A0089275.DOC / 1 Deed of Sub, Ph 1, Sec 5 002559 000013
v
N)
the Authority, the Association; and utility companies. Further, the Owner has the right to grant one
or more of these easements to such entities by deed of easement. Any such grant by deed or
assignment may include such terms and conditions as deemed appropriate by the Owner and such
entities.
COUNTY EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration ofthe premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby grant and convey unto the County, its successors and assigns, the easements as hereafter set
forth in the respective locations shown on the Plat as follows:
A. Emergency Ingress and Egress Easement. An easement for ingress and egress, for
construction and maintenance of utilities, for County and other emergency vehicles, and for the
purpose of performing any governmental functions which the County may find necessary or
desirable to perform, including but not limited to police and fire protection, over and across all
private streets, common driveways, public and private access easements, and ingress and egress
easements, as shown on the Plat.
B. Storm Drain Easements. Easements for the purpose of constructing, operating,
maintaining, adding to, altering or replacing present or future stormwater management facilities,
storm drainage lines, storm sewer lines or other drainage structures, including building connection
lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm
waters and its transmission through and across the said property of Owner, said easements being
more particularly bounded and described on the Plat as "VARIABLE WIDTH DRN ESMT".
A0089275.DOC / 1 Deed of Sub, Ph 1, Sec 5 002559 000013
O
J
Cr47
The foregoing easements are subject to the following conditions where applicable:
1. All sewers, manholes, inlet structures, and appurtenant facilities which are
installed in the easements shall be and remain the property of the County, its successors and assigns.
2. The County and its agents shall have full and free use of said easements for
the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of
the easements including the right of access to and from the easements and right to use adjoining land
where necessary; provided, however, that this right to use adjoining land shall be exercised only
during periods of actual construction or maintenance, and further, this right shall not be construed to
allow the County to erect any building or structure of a permanent nature on such adjoining land.
3. The County shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions or facilities in or near the easements being conveyed,
deemed by it to interfere with the proper and efficient construction, operation, and maintenance of
said easements; provided, however, that the County, at its own expense, shall restore, as nearly as
possible, the premises to their original condition. Such restoration shall include the backfilling of
trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture
areas, and the replacement of structures and other facilities located without the easements, but shall
not include the replacement of structures, trees, or other facilities located within the easements.
4. Owner reserves the right to construct and maintain roadways over said
easements to the extent not prohibited or restricted by ordinance and to make any use of the
easements herein granted which may not be inconsistent with the rights herein conveyed or interfere
with the use of said easements by the County for the purposes named; provided, however, that
4
A0089275.DOC / 1 Deed of Sub, Ph 1, Sec 5 002559 000013
C:)
C:)
Owner shall not erect any building or other structure, excepting a fence, on the easements without
obtaining the prior written approval of the County.
F.C.S.A. EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration ofthe premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby grant and convey unto the Authority, its successors and assigns, the easements as hereafter
set forth in the respective locations as shown on the Plat, as follows:
A. Waterline Easements. Waterline easements for the purpose of constructing,
operating, maintaining, adding to, altering or replacing present or future water mains, including fire
hydrants, valves, meters, building service connections, and other appurtenant facilities for the
transmission and distribution of water through, upon, and across the property of Owner, said
easements being more particularly bounded and described on the Plat.
B. Sanitary Sewer Easements. Easements for the purpose of constructing, operating,
maintaining, adding to, altering or replacing present or future sanitary sewer lines, including building
connection lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary for the
collection of sanitary sewage and its transmission through and across the property of Owner as
shown on the Plat as "VARIABLE WIDTH SAN SEW ESMT".
The foregoing easements to the Authority are subject to the following conditions:
1. All water mains, sewer lines, and appurtenant facilities which are installed in
the easements shall be and remain the property of the Authority, its successors and assigns.
5
A0089275.DOC / 1 Deed of Sub, Ph 1, Sec 5 002559 000013
i
2. The Authority and its agents shall have full and free use of said easements for
the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of
the easements including the right of access to and from the easements and the right to use adjoining
land where necessary, provided, however, that this right to use adjoining land shallbe exercised only
during periods of actual construction or maintenance, and further, this right shall not be construed to
allow the Authority to erect any building or structure of a permanent nature on such adjoining land.
3. The Authority shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions or facilities in or near the easements being conveyed,
deemed by it to interfere with the proper and efficient construction, operation, and maintenance of
said water mains, sewer lines, and appurtenant facilities; provided, however, that the Authority at its
own expense shall restore as nearly as possible, to their original condition, all land or premises
included within or adjoining said easements which are disturbed in any manner by the construction,
operation, and maintenance of said water mains, sewer lines and appurtenant facilities. Such
restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the
reseeding or resodding of lawns or pasture areas, and the replacement of structures and other
facilities located without the easements, but shall not include the replacement of structures, trees,
and other facilities located within the easements.
4. Owner reserves the right to construct and maintain roadways over said
easements and to make use of the easements herein granted which may not be inconsistent with the
rights herein conveyed or interfere with the use of said easements by the Authority for the purposes
A0089275.DOC / 1 Deed of Sub, Ph 1, Sec 5 002559 000013
-_J
cr)
named; provided, however, that Owner shall not erect any building or other structure, except a
fence, on the easements without obtaining the prior written approval of the Authority.
SIDEWALK/TRAIL & UTILITY EASEMENT
THIS DEED FURTHER WITNESSETH THAT in consideration of the premises and the
sum of One Dollar ($1.00), cash in hand paid, the receipt of which is hereby acknowledged, Owner
does hereby grant and convey unto the County and the Association a public access easement, right-
of-way and utility easement for the purpose of constructing, using, and maintaining utilities and a
sidewalk/trail over and across the Property as shown on the Plat described as "15' Pedestrian
Access & Utility Esmt", said easement to be used exclusively for utilities and pedestrian and non -
motorized vehicular use, subject to the following terms and conditions:
The County and the Association shall have full and free use of the easement for the
purposes named, and shall have all rights and privileges reasonably necessary to the exercise thereof
and right to use adjoining land where necessary; provided, however, that this right to use adjoining
land shall be exercised only during periods of actual construction or maintenance, and further, this
right shall not be construed to allow the County or the Association to erect any building or structure
of a permanent nature on such adjoining land.
2. The County and the Association shall have the use of the easement free from any
obstructions and shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or
other obstructions or facilities in or near the easement being conveyed, deemed by it to interfere
with the proper and efficient construction, use, and maintenance of said easement.
A0089275.DOC / 1 Deed of Sub, Ph 1, Sec 5 002559 000013
O
v
3. The Association shall have the right in its sole discretion to provide paving and to
plant trees and shrubbery within the easement which shall remain the property of Association, its
successors and assigns.
4. The construction, repair and maintenance of the easement areas shall be the
responsibility of the Association, and shall not be the responsibility of the County or the
Commonwealth.
PRIVATE STREET INGRESS/EGRESS EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration of the sum of One Dollar
($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby create and
establish an easement for ingress and egress and for the construction and maintenance ofutilities in
the location as shown on the Plat, designated thereon as "Sapsucker Lane", "Osprey Lane",
`Bunting Court" and "Rachel Carson Drive" for the use and benefit of the lot(s) served thereby.
The Association, its successors and assigns, shall be responsible for the construction, repair and
maintenance, including snow removal, of the roadway within the easement. The construction, repair
and maintenance of the roadway and the easement shall not be the responsibility of the County or
the Commonwealth.
MISCELLANEOUS
Headings used in this Deed are for convenience purposes only and are not intended to affect
the express terms herein set forth.
This Deed is made in accordance with the statutes made and provided in such cases; with the
approval of the proper authorities of Frederick County, Virginia, as shown by the signatures affixed
8
A0089275.DOC / 1 Deed of Sub, Ph 1, Sec 5 002559 000013
CD
--..1
Co
to the Plat, and is with the free consent and in accordance with the desire of Owner, the owner and
proprietor of the land depicted on the Plat.
The undersigned warrants that this Deed is made and executed pursuant to authority
properly granted by the operating agreement of the Owner.
The Association unites herein to indicate and confirm its acceptance of all of the
maintenance and other obligations assigned to or assumed by the Association under this Deed.
IN WITNESS WHEREOF, the Owner has caused this Deed to be executed, under seal.
9
A0089275.DOC / 1 Deed of Sub, Ph 1, Sec 5 002559 000013
OXBRIDGE DEVELOPMENT AT
SHENANDOAH, L.C., a Maryland limited
liability c'Rmyany
By: fXU4/G.
Name: Elliot R. T
Title: AuthorizecL
STATE OF MARYLAND:
COUNTY OF PRINCE GEORGE 1 a to wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
Elliot R. Totah as Authorized Manager of OXBRIDGE DEVELOPMENT AT SHENANDOAH,
L.C., whose name is signed to the foregoing Deed, appeared before me and personally
acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this 2 7 th day of October , 2006.
otaryPublic - Leah Wilson
My commission expires:
06-01-07
10
A0089275.DOC / 1 Deed of Sub, Ph 1, Sec 5 002559 000013
SHENANDOAH HOMEOWNERS
By:
Name: Elliot R. Totah
Title: Director
STATE OF MARYLAND:
COUNTY OF PRINCE GEORGE' ,Sto wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
Elliot R. Totah as Director of SHENANDOAH HOMEOWNERS ASSOCIATION, INC., whose
name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in
my jurisdiction aforesaid.
GIVEN under my hand and seal this 27 th day of October „".-,,.,,4046.
4_1
w_
Notary Pubhc�
My commission expires: 0 6 — 01— 0 7
11
A0089275.DOC / 1 Deed of Sub, Ph 1, Sec 5 002559 000013
r t
' SITE
1. f
RACHEL�''�
t�CARSON DR. \c ryN
LAKEµ
FREDERICK c GVO
DR r.
VICINITY MAP
SCALE: 1" = 2,000'
APPROVED BY:
FREDERICK COUNTY SUBDIVISION ADMINISTRATOR
FREDERICK COUNTY SANITATION AUTHORITY
AGE RESTRICTED NOTE:
80% OF THE HOMES WILL HAVE AT
LEAST ONE PRIME RESIDENT WHO
IS 55 YEARS OF AGE OR OLDER.
THE OTHER 20% OF THE HOMES
WILL HAVE ONE PRIME RESIDENT
WHO IS 45 YEARS OF AGE OR
OLDER. NO CHILDREN UNDER THE
AGE OF 19 MAY LIVE IN THE
COMMUNITY FOR MORE THAN 90
DAYS A YEAR.
DATE Z'70" 'b
DA
OWNER'S CONSENT:
THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF OXBRIDGE DEVELOPMENT AT SHENANDOAH,
L.C. AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH
THE DEWF,,S OF THI, UND¢RSIGNE[ktWNERS, PROPRIETORS AND TRUSTEES, IF ANY.
SIGNATU
CL-+- %GT N . I C
PRINTED NAME & TI
NOTARY PUBLIC
STATE OF r,, 19
CITY/COUNTY OF p M 1 NC C 03C— 0k9G E �S
IC �3 /2 00 G
ATE
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ,3♦ �� d� ; D Jl I yy'
Y
Lc1-L/07' -Zf' o-t2914 /VA-G`=Ile,
MY COMMISSION EXPIRES 617
_ J
(NOTA P BLIC)
SURVEYOR'S CERTIFICATE
I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY
CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS
SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO OXBRIDGE DEVELOPMENT AT
SHENANDOAH, L.C. BY DEED RECORDED AS INSTRUMENT #040022116 AMONG THE LAND RECORDS OF
FREDERICK COUNTY, VIRGINIA.
v CORY M. HAYNES a
No. 2539
to14`C
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 5
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: AS SHOWN DATE: JULY 14, 2006
REVISED: OCT. 4, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
HPA T 540,667,2139r ^
F 540.665.04930493
AREA SUMMARY
AREA IN LOTS = 8.7142 ACRES
AREA IN PRIVATE STREETS = 2.1677 ACRES
AREA IN OPEN SPACE = 13.2673 ACRES
TOTAL AREA SUBDIVIDED = 24.1492 ACRES
NUMBER OF LOTS = 49
AVERAGE LOT SIZE = 7,747 SF
SMALLEST LOT SIZE = 6,337 SF
PIN 87-A-103 RESIDUAL AREA = 130.8490 ACRES
MINIMUM SETBACK REQUIREMENTS:
35' FROM RACHEL CARSON DRIVE
20' FROM ALL OTHER PRIVATE STREETS
REAR = 15'
SIDE = 5'
NOTES:
1. PARENT TRACT - FREDERICK COUNTY PIN: 87-A-103.
2. BASIS OF MERIDIAN FOR THIS PROJECT IS THE FINAL PLAT OF
SUBDIVISION; SHENANDOAH, PHASE 1, SECTION 1 RECORDED AS INST
#060001207.
3. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT.
4. PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN
COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY
REGULATIONS.
5. ALL LOTS AND OPEN SPACE AREAS ARE SUBJECT TO A NON-EXCLUSIVE
15' UTILITY EASEMENT ALONG ALL PRIVATE STREETS.
6. RACHEL CARSON DRIVE IS A PRIVATE STREET SUBJECT TO A 50'
INGRESS -EGRESS, DRAINAGE, WATER AND SANITARY SEWER EASEMENT. ALL
OTHER ROADS (AS DELINEATED HEREIN) ARE PRIVATE STREETS SUBJECT TO
A 30' INGRESS -EGRESS, DRAINAGE, WATER AND SANITARY SEWER
EASEMENT. THE PROPOSED PRIVATE STREETS WILL NOT BE MAINTAINED BY
THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF
FREDERICK. THE MAINTENANCE AND IMPROVEMENT OF SAID PRIVATE
STREETS SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF THE
LOTS WITHIN THE AGE -RESTRICTED COMMUNITY WHICH ARE PROVIDED
ACCESS VIA THE PRIVATE STREETS.
7. ALL OPEN SPACE AREAS ARE SUBJECT TO (MINIMUM) 20' DRAINAGE
EASEMENTS AS REQUIRED.
8. ALL PROPERTY OWNERS IN SHENANDOAH ARE REQUIRED TO BELONG TO
THE SHENANDOAH HOME OWNERS ASSOCIATION. THE ASSOCIATION IS THE
OWNER OF ALL OPEN SPACE AND PRIVATE ROADS AND IS RESPONSIBLE
FOR THE MAINTENANCE OF THOSE AREAS. ALL PROPERTY OWNERS MUST
PAY AN ANNUAL ASSESSMENT FOR THIS MAINTENANCE. THIS FEE AND ALL
OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRICTIONS
AND COVENANTS RECORDED AS INST #060001208 AMONG THE LAND
RECORDS OF FREDERICK COUNTY, VIRGINIA.
9. WATERLINE (WATER) EASEMENTS SHOWN HEREIN ARE NON-EXCLUSIVE.
CURVE
TABLE
CURVE
RADIUS
DELTA
LENGTH
TANGENT
BEARING
CHORD
C1
6900.00'
0'39'23"
79.05'
39.53'
S06'52'45"E
79.05'
C2
225.00'
44'49'37"
176.03'
92.80'
N74'47'38"W
171.58'
C3
1375.00'
12*10'43"
292.27'
146.69'
N46'17'28"W
291.72'
C4
1 1000.00'
59*13'19"
1033.62'
568.33'
S69'48'45"E
988.22'
C5
25.00
90'00'00"
39.27'
25.00'
S37'47'34"W
35.36'
C6
25.00'
90'00'00"
39.27'
25.00'
S52'12'26"E
35.36'
C7
25.00'
87'47'45"
38.31'
24.06'
N22'52'50"W
34.67'
C8
25.00'
87'47'45"
38.31'
24.06'
S64'54'54"W
34.67'
C9
25.00'
90'00'00"
39.27'
25.00'
N54'25'25"W
35.36'
C10
25.00'
90*00'00"
39.27'
25.00'
N35'34'35"E
35.36'
C11
25.00'
5746'09"
25.21'
13.79'
N38'18'29"W
24.15'
C12
50.00'
295*32'17"
257.91'
31.52'
S80'34'35"W
53.33'
C13
25.00'
57'46'09"
25.21'
13.79'
S19'27'40"W
1 24.15'
AGE RESTRICTED NOTE:
80% OF THE HOMES WILL HAVE AT
LEAST ONE PRIME RESIDENT WHO
IS 55 YEARS OF AGE OR OLDER.
THE OTHER 20% OF THE HOMES
WILL HAVE ONE PRIME RESIDENT
WHO IS 45 YEARS OF AGE OR
OLDER. NO CHILDREN UNDER THE
AGE OF 19 MAY LIVE IN THE
COMMUNITY FOR MORE THAN 90
DAYS A YEAR.
�I,TH0
OF Lj
CORY M. HAYNES
No. 2539
to 141
EXISTING ZONING: R5
EXISTING USE: VACANT
PROPOSED USE: AGE -RESTRICTED,
SINGLE-FAMILY SMALL LOT DETACHED
REF. §165-65, PARAGRAPH F OF
THE ZONING ORDINANCE
LINE TABLE
LINE
I BEARING
LAWTH
L1
S15'36'22"W
35'
L2
S56'48'50"E
83.49'
L3
S29'05'23"E
41.18'
L4
S40'41'51"E
29.68'
L5
I S80'27'14"E
27.51'
L6
I S25'04'33"E
44.12'
L7
S88'03'21 "E
43.56'
L8
S46'45'53"E
32.36'
L9
S73'15'30"E
36.12'
L10
S56'55'51 "E
53.67'
L11
S81'49'06"E
126.23'
L12
S68'37'22"E
125.55'
L13
S16'05'49"W
65.97'
L14
S32'41'40"E
40.02'
L15
S75'05'43"E
40.41'
L16
N60'33'15"E
105.33'
L17
S84'40'19"E
121.70'
L18
N67'23'01 "E
31.46'
L19
S73'00'26"E
268.50'
L20
S09'33'20"W
46.49'
L21
S33'48'03"E
60.33'
L22
S27'39'17"W
62.08'
L23
S49'44'10"W
83.19'
L24
S03'41'42"W
49.39'
L25
S28'18'24"E
40.77'
L26
S10'52'15"W
80.88'
L27
N79'07'45"W
41.34'
L28
S80'34'35"W
171.29'
L29
S09'25'25"E
5.00'
L30
N82'54'06"E
182.39'
L31
S86'47'20"E
187.73'
1_32
S75'53'42"E
180.58'
L33
N68'58'58"W
61.40'
L34
N21'01'02"E
1.05'
L35
S68'58'58"E
99.34'
L36
S64'21'54"E
53.67'
L37
S61'21'26"E
53.62'
L38
S57'48'07"E
54.19'
L39
S55'16'43"E
54.19'
L40
S51'43'24"E
53.62'
L41
S48'42'56"E
53.67'
L42
S45'42'20"E
53.76'
L43
S42'25'21"E
54.31'
L44
S40'12'06"E
212.22'
L45
S4657'32"E
128.17'
L46
S62'49'38"E
65.33'
L47
S70'09'30"E
51.63'
L48 I
S82'46'36"E
42.59'
L49
S82'47'34"W
225.26'
L50
N82'47'30"E
15.85'
L51
N17'48'34"E
10.01'
L52
S24'33'02"E
3.49'
L53
S07'19'10"W
87.54'
L54
I N60'01'18"W
46.05'
L55
N80'17'41"W
335.92'
L56
S60'14'28"E
227.95'
L57
S4322'35"E
217.49'
L58
N35'44'11 "W
13.02'
L59
S62'15'30"E
212.29'
L60
I S50'25'31 "E
205.23'
L61
S40'52'53"E
216.74'
L62
S49'07'07"W
10.07'
L63
S53'11'34"E
247.39'
L64
N43'30'37"W
206.74'
L65
NO3'03'08"E
15.00'
L66
N80'34'35"E
15.00'
L67
N09'25'25"W
22.91'
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 5
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: N/A DATE: JULY 14, 2006
REVISED: OCT. 4, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493
0
0
m
m
En
LO
U
W
V)
m
g
M
I
86-((273D ZONED:
N/F USE:
AGRICULTURAL
OAKRIDGE PROPERTIES, INC. N0712'26"W 15' UTILITY
D8 604, PG 792 409.72 ESMT
N07'12'26"W 488.78'
RACHEL-CARSON DR. OPE SPA r M
50' I/E ESMT � , r
INST #030014883 _
AND TO LAKE S
PRIVATE STREET FREDERICK DR - o' w
INST #060009455
PARCEL H3 104 Z
PARCEL C5 a r`
OPEN SPACE L4s Ir �N o
11,463 SF '--1L47 103 105 0 in
W z o
L4s w cn
102 106 0- 0 F
100101 107
99
98 / 109 /
J W = a Q��� � L4 966
w W Q L�41 95 �� JG 112��
tO 94 Q 113
� L4
o>° 93 �114 / �h
a- z \L38 92 // 115 /
LO R�gRL3
116
ov 91
ar 36 117
87-((A))-103
-JCL41wp90 (REMAINDER)
1)x� 308490 AC
44 43
ao •�,FFT 9 /� PARCEL A5 is h � 1
OPEN SPACE 46 40 1
514,843 SF 4� INsr
V- 118 C8 ..moo #060001207
124 4i
=z �N 49 Z�
p o 125 119 410 ,vow
Q0 126 120 J
w' 127� Q121
J
1 122 ^N SHEET INDEX:
28� Q ^`tsi' SHEET 3 OVERALL SITE
z �123 SHEET 4 PARCEL C5, LOTS 102-106
Q 129 �`� �14 „5 � `Su) SHEET 5 LOTS 97-101 & 107-112
Q = �jS4 O C� Q 4,L/ f SHEET 6 LOTS 92-96 & 113-117
130 _> <> SHEET 7 PARCEL D5 & LOTS 89-91,
a I a 161 '1 ��� �� ^ / 118-121 & 124-125
131 N 162 4.�\� o �Q SHEET 8 LOTS 122-123 & 126-132
SHEET 9 LOTS 161-165
132
163 (�8 �� AGE RESTRICTED NOTE:
N *BUNTING ��� O 80% OF THE HOMES WILL HAVE AT
N (PRIVATE 165 164 V CO f LEAST ONE PRIME RESIDENT WHO
IS 55 YEARS OF AGE OR OLDER.
STREET)
THE OTHER 20% OF THE HOMES
J 4 WILL HAVE ONE PRIME RESIDENT
WHO IS 45 YEARS OF AGE OR
?6 L2 OLDER. NO CHILDREN UNDER THE
L25!
�'� f AGE OF 19 MAY LIVE IN THE
?j COMMUNITY FOR MORE THAN 90 Z —'"' DAYS A YEAR.
TH OF
Off$ t'r� FINAL PLAT
o -9=J6SHENANDOAH
PHASE 1, SECTION 5
*PARCEL E5 v CORY M. HAYNES 9 OPEQUON MAGISTERIAL DISTRICT
PRIVATE STREETS No. 2539 FREDERICK COUNTY, VIRGINIA
2.1677 AC 161410(m SCALE: 1"=200' REVISED: :J LY 14, 2006
2006
Patton Harris Rust & Associates,pc
GRAPHIC SCALE le`, 0 Engineers. Surveyors. Planners. Landscape Architects.
200 0 100 200 SURV
117 East Piccadilly Street, Suite 200
Winchester,
.+ Winchester, Virginia 22601
( IN FEET) T 540.667.2139
1 inch = 200 ft. F 540,665.0493 SHEET 3 OF 9
3
0
0
m
D
V)
to
U
W
x
g
n
ro
Fm
N82'47'34"E
92.79' — 25.00' 25.00 �7 337.21' — — — — — —
AGE RESTRICTED NOTE:
80% OF THE HOMES WILL HAVE AT
I I I LEAST ONE PRIME RESIDENT WHO
IS 55 YEARS OF AGE OR OLDER.
THE OTHER 20% OF THE HOMES
WILL HAVE ONE PRIME RESIDENT
WHO IS 45 YEARS OF AGE OR
OLDER. NO CHILDREN UNDER THE
AGE OF 19 MAY LIVE IN THE
COMMUNITY FOR MORE THAN 90
DAYS A YEAR.
X
w
w
2
in
W
w
fn
LoW 1
m Q N
Lj
Uzi
< a �
t1 0 I
C41
0
H
W
W
a
%-4o 00
4
N
iV
n
Oi
NIO
000
PARCEL A5
OPEN SPACE
514,843 SF
Z
Q �
W(n
w
w cv)
S82*47'34"W
93.42' N89 44
92.0
d' li 3 In li
20' Nl o O N
TER iv o
ESMT F— L0 nl F— 'dodo CO
N II I L50 0 o z O C° ^ q- O
J �
N
rl
pn o 15'UTI
Z z o ESMT
O) C6 68.42'
*SAPSUCKER LANE
N82 47 3 E 118.42
w
CS 00 57.92'
U
Q I 8' WATER
w ESMT
25' 25'
15' UQ�
3 Z _l a
in(0 , 4 : Q L�.I N to
Nlto I N Uz.*
in
N
Cn 00
Ww,-:
Z
I aw
120
'r¢o
92.34'I 25.00' j25.00' ,
1
L49I
I
Q�d
M
o ~00
�,
wn"
Ova)
( a wa
�=Q
Z(n0
Q wMZNww
�z_
CL
a
=tnt j
U
z
=z(
<L
o-
°c
GRAPHIC SCALE
Sa
Sa
( IN FEET )
1
inch = 50 ft.
82.92'
LOT 72
J •�
LITY 2 ~ V6 /
O c0 0 /o
W a ve
62.59' \
LO
.� CpRj�q Te `9, �
S FF
T10.50' 0) ' 3• 80 � r>
C
10t
15' UTILITY
ESMT \
w 00 N
Noo
O \\
N J r ro 0 �Q Gib \\
IL
L48 /
����LTH OF Lr
CORY M. HAYNES
No. 2539
is �04
r
I--
w
w
2
to
w
w
I L47-� -w FINAL PLAT
LOT 73 SHENANDOAH
PHASE 1, SECTION 5
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: JULY 14, 2006
REVISED: OCT. 4, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
*PARCEL E5 PHPA
PRIVATE STREETS
2.1677 AC
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 4 OF 9
AGE RESTRICTED NOTE:
80% OF THE HOMES WILL HAVE AT
LEAST ONE PRIME RESIDENT WHO
IS 55 YEARS OF AGE OR OLDER.
THE OTHER 20% OF THE HOMES
WILL HAVE ONE PRIME RESIDENT
WHO IS 45 YEARS OF AGE OR
OLDER. NO CHILDREN UNDER THE
AGE OF 19 MAY LIVE IN THE
COMMUNITY FOR MORE THAN 90
DAYS A YEAR.
n
= z,n
O O0) L
QUa
Q No
LLJ
QI. LOT 74
az
LOT 75
co
N22 40��8"E
4,p0'
SEE SHEET 4 Ln
r I O �01
't04 N 8,645 SF cil
N37'37'11 "E
114.00'
— � S38'58014'W II I
13Doo I - I$,Co I LOT108Co
"I
III � 7,478 SF
LOT 101 20ol
I to
81 �I ."
94 SF I(0 t—+,h — 38 E
110.90' 3
7.g5' �11-jjj Z ^ 15' UTILITY
00
S4154'53"W Q o ESM T
115.00' —' LOT 109
SANVARIS SEW EBLE SD>H �, W 1 �' I 7,374 SF
� °'� z
a? ILOT 100 0Co
7,702
SF J II I NU a
o Q
J 54-51'32"W t I I _'
114 61'
VADRNLE WIDTH l
ESMT
/c`to LOT 99 it 15' /
J ,
7, 572 SF � 15 15'
�'0
S41j" ^ �` � =48o
LOT 76 � W
110, 93,
: /
l� J L07' 98 3
7, 40, LOT 77 SF ro l 1,
,�" , 4 I
54�47'g4"
W o W
/ 111 69,
%L
z 7,26T 97 3�� o
/o SF'
S4`4j,54" /
111 69, W 0 7.
_o
*PARCEL E5
PRIVATE STREETS
2.1677 AC
.41
/ SEE SHEET 6
1�LTH OP �r
v CORY M. HAYNES 9
No. 2539
GRAPHIC SCALE 50 50 lq� sulv�
( IN FEET )
1 inch = 50 ft.
15'
N42 54'06"E
I111.00.
o
v LOT 110 3
M
w
7,377 SF `°►
_
of co
`01;r
w
�
N4532'33"E z
w
to
111 00
� 7,3 77 111
SF zo
rn Co
O/M
111.00, E
PARCEL A5
LOTOPEN SPACE
7'28112 3 514,843 SF
SF �,/h
N4=4 j So
4" µo o���
1j021' f 2 6
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 5
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: JULY 14, 2006
REVISED: OCT. 4, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
PHPA+
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493
3
0
0
m
N
LO
U
w
01
It
M
m
AGE RESTRICTED NOTE:
80% OF THE HOMES WILL HAVE AT
LEAST ONE PRIME RESIDENT WHO
IS 55 YEARS OF AGE OR OLDER.
THE OTHER 20% OF THE HOMES
WILL HAVE ONE PRIME RESIDENT
WHO IS 45 YEARS OF AGE OR
.yob
0 O1
60
SEE SHEET 5
OLDER. NO CHILDREN UNDER THE
/
AGE OF 19 MAY LIVE IN THE
COMMUNITY FOR MORE THAN 90
DAYS A YEAR.
LOT 78
t749
1
Q �
3�u
o
:W
/
I co
�4 E
1j0.21'
r
0
LOT 80
2'Z�
Q' O B-
LOT 81
ZOO
Q
Z oI
_ Li.1 LU
() Q
a�
' �' 3
11 g9, _0 7 ,.�' 7,163 SF S'
7' o •` ci
LQl
A
LOT 79 /J/ / 7, 40T 3 96 '� 15 15, N4-47'S4"
Sr1g. E
S41?336'W IIM W l,� LOT 4 3
I _
/ 8g SF �/N
�o
LOT 95 /^
Q�Z 7,63p SF M/ W �_N477g36„E 2
rn / Q R oar I Y VARI1 00
,
�u I !; ABBE
LOT 82
L41
to
I
'w
�°
J
�z
0 I
M
L40
LOT 83
�I
I
LOT 84
I
L39
i
*PARCEL E5
PRIVATE STREETS
2.1677 AC
I1 AN SEW ES IH
�s4�7615"W M a /^ j� LOT 11 MT 3
114.65' N 1► I. z 7,561 5 N/ k
O' Q ' J
v� rn w �
Co
LOT
94
7,764 SF ,�� I fl N4305 31"E 2
W I<o C111.00,
�i UAS4040'24"W 5 LOT 116 iv N LiJ Ov.
s0'J 7,561 SF 00 UCif Z Go
o:
Q W M �IP Uj
CO QLL d
LOT 93 z aoU)
7,853 SF °0 w I I`M° N N38*54'25"E
(50
I 111.' M
8' >' 1—
S3704'33"W a � ^ w
11s.ss' I� I LOT 117 r to c=n
bl /IJ 8,146 SFto
�I w
�
I
LOT 92 `� 1 I VARIABLE WIDTH z v)
7,921 SF � M SAN SEW ESMT
I IJ I N34'24'01"E
I � 111.00'
S33_28'07"W
117.35'
GRAPHIC SCALE 50 50
( IN FEET )
1 inch = 50 ft.
SEE SHEET 7
TH
o 'p-4
v CORY M. HAYNES >'
No. 2539
�c 14104
Sm,
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 5
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: JULY 14, 2006
REVISED: OCT. 4, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493
Q 0
Q
ruo
LOT 85L3
ZOO
LU
< L37a
LOT 86 /c5
19
ORN EAL36
INST #060In
LOT 8M
d-
U' o
-----T
Q (D LOT 88
F 0
D_ J U.)OZ rn U JI
n_
SEE SHEET 6 C)
S33 28, " Co
I � � 357 W 1 �
I N3�24'01"
;P.) �7 OT 91
m�rN SF / "0 I I
Q o W ►� 1 ,
$�Z ( 5 15' I I
116.96' I
'►� (o
LOT 9 I F'1 J� o
7,1582 SF- 3 I 11�i it W INI LU
pp�Zp'I
m W l co
t I¢ I I A m ti
J I15' �
_S26'15'13"W W � w > N
w I
115.86' Y
8'1-•-N
LOT 89 � � <9 a I I OPEN SPACE
9,363 SF ^ w I ' 1 N I 514,843 SF
'1
15' 8' 5 0-
JUILITY WATER
MTESMT �-
88.43' cO
*OSPREY LAB NE
N21'0100E 127.66'
88 43'
/ C7
RIVATE
89.48' ;o )C8
PARCEL B4 M 15' PARCEL D5
OPEN SPACE J uTILITY OPEN SPACE a ESMT 6,473 SF
00 W I
S17*08'41"W J
716.30'
LOT 124 M
I
00
LOT 144 0
0"'
6,568 SF I
tO
8'
S14*06'02"W
— 114.71' I
I
=z
Q � N
LOT 143 o 5 0
.
LOT 125 I ,
6,568 SF 1
_ 7 �o
y = 4
$11.3'2„w
�
116.31
az.
LOT 142 I
AGE RESTRICTED NOTE:
80% OF THE HOMES WILL HAVE AT
LEAST ONE PRIME RESIDENT WHO
IS 55 YEARS OF AGE OR OLDER.
THE OTHER 20% OF THE HOMES
WILL HAVE ONE PRIME RESIDENT
WHO IS 45 YEARS OF AGE OR ;
OLDER. NO CHILDREN UNDER THE '
AGE OF 19 MAY LIVE IN THE
COMMUNITY FOR MORE THAN 90
DAYS A YEAR.
GRAPHIC SCALE
50 0 25 50
( IN FEET )
1 inch = 50 ft.
SEE
LOT 118
Z
0)
6,337 SFC4
o
N18'31'17"E
710.0
ZJ�
119
�LOT
w7
SF
vi
14'58'49"E
110.0WIDTH
SEW ESMT
Z
16
SAN
LO T 120
61337 SF
_ N
15
N11.26' 2
� 1 ��►�
110.00
Z
0
�s
LOT 121
N,
o
6,337 SF
Np7�3'.
SHEET 8
&j,TH OF Ar
t° CORY M. HAYNES
No. 2539
su
*PARCEL E5
PRIVATE STREETS
2.1677 AC
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 5
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: JULY 14, 2006
REVISED: OCT. 4, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 7 OF 9
Cw�
AGE RESTRICTEIOTE:
for �42 SEE SHEET 7 80% OF THE HOMES WILL HAVE AT
LEAST ONE PRIME RESIDENT WHO
IS 55 YEARS OF AGE OR OLDER.
/
THE OTHER 20% OF THE HOMES 51�32�2 " WILL HAVE ONE PRIME RESIDENT
<pT 6, 11 W WHO IS 45 YEARS OF AGE OR
N 31.
OLDER. NO CHILDREN UNDER THE
AGE OF 19 MAY LIVE IN THE
6O7 126 / COMMUNITY FOR M RE THAN 90
81 Sr DAYS A YEAR.
50Z 43" /# INST
LOT 140 121 13, W / T##060001207
�� LpT 12�, /
6,802 SF � �N0753, "
1 0 (z S £
LOT 139 Q o SO4,5g,04" /
-- Qw - 20' 1j767' W ' l/ L0% 3
---. —I o^^ L O T R £SMT 3 g3, 15,/ 613,37
/ 22 0
W " 1 128SF
= vWi 6,690 SF 0 N04' , 2 Q � N
LOT 138 t�J i 1N ; t)1�7"£ W L)
S0155• " L65 Io / 15 UnLITYO' J a r�
— 17 34 W fF 1 N' p/ J I ESMTLO - 3 U Z 00
LOT 12 ��s' �� / I 6,3371SF �o n
LOT 137 1 coo 6, 772 S 9 3 I ,a? -' N " �
v� 00 49 00 E z
zo to I j Co
110.00.
' ^ I
S01'07'15"E °' VARIABLE WIDTM
LLJ I wi
120.38' Q SAN SEW ESMT
15 ._.I r. I
LOT 136 LOT 130 V LU
ro 6, 790 SF to W I
I IJ PARCEL A5
-q04_09'55"E o OPEN SPACE
116.92' Cl- I Q �n I 514,843 SF SEE SHEET 9
LOT 135 11
II
=Z Q x
0" LOT 131*, a,
w I
z to 6,608 SF I I`jj 15 15
W w rM
LOT 134 Q J S07'12'34"E � I w
a 115.44' N - -
-- ---- ^ LOT 132 N I I CD
�;I o 13
7,587 SF ' D w
LOT 133 N 06 VARIABLE t
ORN £SMT� / w L67
2 .c 41 M o c`co
D NR ESMT L53 " Cg C10
SECTION 4 92.39
bg w
--ISTREET
87.39
to PRIVATE STREET) 127.39' z — ``'
S09'25'25"E30'PRIVABUNTING COURT LLI
SECTLo S09' 25 5 E178.95r_a 15' UTILITY
PARCEL C4 J ESMT
OPEN SPACE 8' WATER
r ESMT � �1?►LTH OF Af FINAL PLAT
SEE SHEET 3 O SHENANDOAH
o PHASE 1, SECTION 5
*PARCEL E5 v CORM M. HAYNES OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
PRIVATE STREETS No. 2539
2.1677 AC SCALE: 1 "=50' REVISED: OCT. JULY 14, 2006
t0 ��`O(e
Patton Harris Rust & Associates,pc
GRAPHIC SCALE �4 Engineers. Surveyors. Planners. Landscape Architects.
50 0 25 50
117 East Piccadilly Street, Suite 200
WinR+A chester, Virginia 22601
( IN FEET) T 540.667.2139
1 inch = 50 ft. PH F 540.665.0493
SHEET 8 OF 9
tM
87—((NA))F 103E
COMMONWEALTH OF VA.,
COMMISSION OF GAME 8c ZONED: RZ)
INLAND FISHERIES USE: STATE GOVERNMENT
DB 543, PG 751 0")
L
\,'\5 /14,
lg
PARCEL A5
OPEN SPACE
514,843 SF
r7
w
04
o �' w
om
�
9 519 LOT 163 (n S' ' w
N ��, 10,769 SF
Z 20'�/o° J
E MTTR z� " LOT 164
/^ LOT 162 L51 -y10110 9,031 SF
10,769 SF i
2 J� e� L_ 44.42' �lh/ i.lA\
�%,. / L=5.96'
8.1w
�;� A
1p8.00• N "0
/^ I * 7o N74 03' a
LOT 161 ,5°� n� � N is22?-£ 935j5 W
8,179 SF 1 ��, R � � �o og
LOT 165 0
N7j p8.5g"w 62.65 clnl v Z20 0031p"E 545 SF �Il
S88'17�"K j�P CV
o L_4 �0.0.38' Z
• 73 S77 �4,3py f�
1
;' 15
WATER
SEE SHEET 8
AGE RESTRICTED NOTE:
80% OF THE HOMES WILL HAVE AT
LEAST ONE PRIME RESIDENT WHO
IS 55 YEARS OF AGE OR OLDER.
THE OTHER 20% OF THE HOMES
WILL HAVE ONE PRIME RESIDENT
WHO IS 45 YEARS OF AGE OR
OLDER. NO CHILDREN UNDER THE
AGE OF 19 MAY LIVE IN THE
fir• T 1 0, . r0 n
LA co I�
10.29 L40-Od
4'35"E 1�, ' PARCEL A5
�= Im' OPEN SPACE
C9 rn �I I 514,843 SF
I
COMMUNITY FOR MORE THAN 90 NLTH OF
DAYS A YEAR. oLf�
Off"
*PARCEL E5 U CORY M. HAYNES 9
PRIVATE STREETS No. 2539
2.1677 AC 7k lD 14I�
GRAPHIC SCALE
50 0 25 50
I m m 0 "�!�
( IN FEET )
1 inch = 50 ft.
'.` p4 �
SEE SHEET 8
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 5
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: JULY 14, 2006
REVISED: OCT. 4, 2006
Patton Harris Rust & Associates,pc
Engineers, Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493
g
VIRGINIA: FREDERICK COUNTUCT.
This instrument of writing was produced to me on
1�-3C?-010 at D.
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$- , and 58.1-801 have been paid, if assessable.
'� , Clerk
Ci
i E
e AA 0 L R.
LAKE
FREDDERRICK
o
G
VICINITY MAP
SCALE: 1" = 5000'
APPROVED BY:
N
w
w
FREDERICK COUNTY SUBDIVISION ADMINISTRATOR 5< DATE `lyr fG 9V
FREDERICK COUNTY SANITATION AUTHORITY DATED
OWNER'S CONSENT:
THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF OXBRIDGE DEVELOPMENT AT SHENANDOAH,
L.C. AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH
THE DESIPAS„OF THE. UNDEUIGNEY OWNERS, PROPRIETORS AND TRUSTEES, IF ANY.
140&us-r o?, a004
TURE DATE
,,11
-0 faIr I /hrAd
PRINTED NAME & TITLE
NOTARY PUBLIC
STATE OF MARYLAND
MIXP/COUNTY OF PRINCE GEORGE' S
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON August 2200Fi BY
Elliot R. Totah Authorized Manager, Oxbridge Dev. at Shenandoah, L.C.
MY COMMISSION EXPIRES 6-1-07
(N ; AR PUBLIC)Leah Wilson (DATE)
SURVEYOR'S CERTIFICATE
I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF ARGINIA, HEREBY
CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS
SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO OXBRIDGE DEVELOPMENT AT
SHENANDOAH, L.C. BY DEED RECORDED AS INSTRUMENT #040022116 AMONG THE LAND RECORDS OF
FREDERICK COUNTY, VIRGINIA.
,jSLTH OF Df
r° CORY M. HAYNES'
No. 2539
lq�� svR�o4
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: AS SHOWN DATE: JULY 5, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
P
East Piccadilly Street, Suite 200
Winchester, Virginia 22601
HRN T 540.667.2139
F 540.665.049393 n.rrr , nr e
AREA. SUMMARY
AREA IN LOTS = 6.4355 ACRES
AREA IN PRIVATE STREETS = 1.4833 ACRES
AREA IN OPEN SPACE = 9.7314 ACRES
TOTAL AREA SUBDIVIDED = 17.6502 ACRES
NUMBER OF LOTS = 38
AVERAGE LOT SIZE = 7,377 SF
SMALLEST LOT SIZE = 4,641 SF
PIN 87-A-103 RESIDUAL AREA = 154.9982 ACRES
NOTES:
1. PARENT TRACT - FREDERICK COUNTY PIN: 87-A-103.
(V
MINIMUM SETBACK REQUIREMENTS: W
20' FROM ALL PRIVATE STREETS 4r-
REAR 15'
SIDE = 5' (DETACHED)
SIDE = 0' ONE SIDE/10' OPPOSITE SIDE (ATTACHED)
MINIMUM BUILDING SEPARATION = 20' (DUPLEXES)
DUPLEX LOTS: 133-148
2. BASIS OF MERIDIAN FOR THIS PROJECT IS THE FINAL PLAT OF SUBDIVISION; SHENANDOAH, PHASE 1, SECTION
1 RECORDED AS INST #060001207.
3. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT.
4. PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH COMMONWEALTH OF
VIRGINIA AND FREDERICK COUNTY REGULATIONS.
5. ALL LOTS AND OPEN SPACE AREAS ARE SUBJECT TO A NON-EXCLUSIVE 15' UTILITY EASEMENT ALONG ALL
PRIVATE STREETS.
6. ALL ROADS DELINEATED HEREIN ARE PRIVATE STREETS SUBJECT TO A 30' INGRESS -EGRESS, DRAINAGE,
WATER AND SANITARY SEWER EASEMENT. THE PROPOSED PRIVATE STREETS WILL NOT BE MAINTAINED BY THE
VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF FREDERICK. THE MAINTENANCE AND
IMPROVEMENT OF SAID PRIVATE STREETS SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF THE LOTS
WITHIN THE AGE -RESTRICTED COMMUNITY WHICH ARE PROVIDED ACCESS VIA THE PRIVATE STREETS.
7. ALL OPEN SPACE AREAS ARE SUBJECT TO (MINIMUM) 20' DRAINAGE EASEMENTS AS REQUIRED.
8. ALL PROPERTY OWNERS IN SHENANDOAH ARE REQUIRED TO BELONG TO THE SHENANDOAH HOME OWNERS
ASSOCIATION. THE ASSOCIATION IS THE OWNER OF ALL OPEN SPACE AND PRIVATE ROADS AND IS RESPONSIBLE
FOR THE MAINTENANCE OF THOSE AREAS. ALL PROPERTY OWNERS MUST PAY AN ANNUAL ASSESSMENT FOR THIS
MAINTENANCE. THIS FEE AND ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRICTIONS AND
COVENANTS RECORDED AS INST #060001208 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA.
9. WATERLINE (WATER) EASEMENTS SHOWN HEREIN ARE NON-EXCLUSIVE.
EXISTING ZONING: R5
EXISTING USE: VACANT
PROPOSED USE: AGE -RESTRICTED,
SINGLE-FAMILY SMALL LOT.
SINGLE-FAMILY DETACHED AND ATTACHED (DUPLEX)
REF. $ 165-65, PARAGRAPH F OF THE ZONING ORDINANCE
LINE TABLE
LINE
BEARING
LENGTH
L1
S88'13'27"E
47.01'
L2
N66'31'38"E
83.49'
L3
S77'50'33"E
0.75'
L4
S47'21'36"E
57.23'
L5
S32-44-17"E
326.48;
L6
S37'40'43"E
112.48'
L7
S29'51'30"E
176.29'
L8
S03'12'20"W
63.98'
L9
S72'18'13"W
53.23'
L10
S54'36'50"W
67.36'
L11
S85'49'40"W
122.94'
L12
N32'02'52"W
141.46'
L13
N53'04'04"W
55.91'
L14
N73'53'37"W
72.96'
L15
S58'51'34"W
64.21'
L16
S12'06'46"E
48.37'
L17
S24'01'21 "E
34.63'
L18
S38'34'50"E
44.16'
L19
S07'05'12"E
44.54'
L20
S81'54'46"W
359.81'
L21
S69'36'15"W
71.61'
L22
S83'02'13"W
103.92'
L23
N42'17'52"W
65.31'
L24
S81'54'46"W
59.52'
L25
S33'32'27"W
46.51'
L26
N81'47'50"W
50.08.
L27
S87'06'39"W
82.51'
L28
N85'05'03"W
108.73'
L29
S13'04'23"W
43.77'
L30
S24'33'02"E
78.07'
L31
S35'30'41 "W
21.19'
CURVE
TABLE
CURVE
RADIUS
DELTA
LENGTH
TANGENT
BEARING
CHORD
C1
25.00'
90' 0'00"
39.27'
25.00'
S66'01'02"W
35.36'
C2
25.00'
90'00'00"
39.27'
25.00'
S23'58'58"E
35.36'
C3
1100.00'
30'26'27"
584.42'
299.28'
S84'12'11"E
577.57'
C4
200.00'
59'54'57"
209.15'
115.27'
N69'27'56"W
199.75'
C5
175.00'
24'44'38"
75.58'
38.39'
S09'20'30"E
74.99'
C6
100.00'
63'0837"
110.21'
61.45'
S53'17'07"E
104.71'
C7
100.00'
104'33'59"
182.50'
129.31'
N42'51'35"E
158.21'
C8
25.00'
87'59'21"
38.39'
24.14'
N40'57'51 "W
34.73'
C9
25.00'
87'59'21"
38.39'
24.14'
S47'01'30"W
34.73'
C10
25.00'
90'00'00"
39.27'
25.00'
N54'25'25"W
35.36'
C11
25.00'
90'00'00"
39.27'
25.00'
S35'34'35"W
35.36'
C12
25.00'
90'00'00"
39.27'
25.00'
N35'34'35"E
35.36'
C13
25.00'
90'00'00"
39.27'
25.00'
S54'25'25"E
35.36'
C14
25.00'
86'10'39"
37.60'
23.39'
NO3'34'52"E
34.16'
C15
50.00'
266'01'08"
1 232.15'
1 53.60'
1 S86'2954"E
73.12'
TH OF �r
r° CORY M. HAYNES
No. 2539
zl5l��
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: N/A DATE: JULY 5, 2006
le n4 Patton Harris Rust & Associates,pc
!� SUR Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHFFT 2 OF 8
D
� �o;-a
o
N21'01'0;*E
30.00
SHEN ANDOAH
PHASE
16600094553
IN nCpF
PARCEL B4
OPEN SPACE
7,128 SF
60p0,101
c�a
CJI
nV 110 ..b'
44 ��1
N
'0 '02 E
g�`$�rn
143
.
\ 142 � N �;
87—((A))-103
.�
(REMAINDER)
154.9982 AC
PARCEL A4
153
152 N
N
D
OPEN SPACE
409,254 SF
154
1,�-y6
PSF
149
�.�g
09.�p�P
bj ,
155 *
5Ik
150 1 11'5�
1
N��
1
�%P
223
156
1p5
157
151
166 `
158
167
<
<?�
159 160
168
PARCEL A4
OPEN SPACE
�o\ 409,254 S
"' ---87-((A))-103B---..,,,,
N /F
COMMONWEALTH OF VA.,
COMMISSION OF GAME &
INLAND FISHERIES
DB 543, PG 751
ZONED: R5
USE: STATE GOVERNMENT
SHEET INDEX:
SHEET 3 OVERALL SITE
SHEET 4 PARCEL B4, LOTS 139-144 & 152-153
SHEET 5 LOTS 133-138 & 145-149
SHEET 6 LOTS 150-151 & 154-160
SHEET 7 PARCEL C4 & LOTS 166-169
SHEET 8 LOTS 170-175
I(NO LOTS N SECTION 6 -165 ASSIGNED .c �LTH OP
*PARCEL *PARCEL D4
PRIVATE STREETS
1.4833 AC
GRAPHIC SCALE
200 0 too 200
( IN FEET )
1 inch = 200 ft.
(L18
L19
CORY M. HAYNES a
No. 2539
71sloL �
169 ' T4
170
171
172
173
174
175 a
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "-200' DATE: JULY 5, 2006
eO4SL Patton Harris Rust & Associates,pc
L441)L;U; Engineers. Surveyors. Planners. Landscape Architects.
Winchester,
Easter, Virgins Street, Suite 200
.+ Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 3 OF 8
OSPREY LANE
30 PRIVATE STREET
_ INST 06000455 I
C1 V
3
I LOT 56 LOT 57.
ISHENANDOAH 00
CID
P ASE 1, SEC ON 3 z
I ST #06000 455
N21 TOVO "E _
180.00,
ppp,�2p1
6
vtks(
PARCEL A4
OPEN SPACE
409,254 SF
LOT 153
8,004 SF
SEE SHEET 6
*PARCEL D4
PRIVATE STREETS
1.4833 AC
0
_ w
N21'O1'02"E _ Q�
C2 N21'01'0.
90.36
•
PARCEL B4
N N
I�o
W. g
°' N
OPEN SPACE
o
at
Z
$ 0 �;
J
7,128 SF
II��
(
N19'26'46"E
115.00'
I I
n I
LOT 1 44
SA
618SF
60
�
15' 15' - N16�"17'O8"E 1
N all
(io
� I� 118.51' �I
W W N W LOT 143
S 3 IICI I� I I� 5,549 SF w w
m II o N13'41'02"E N�
W rn
in 00 119.19'
N LOT 142
15-"� a, "' � 5,534 SF o0
I �
M I� F N11�4'46"E
� 117.
86 w
io
M 16 LOT 141
4,836 SF"
11 sow..! - E
6 W J 15 00
09 1 top N
0$"35.� 1 � a:
%6. Z \ LOT 140 N
15' r O 6,295 SF
con
00
\ \ �5,� 15 q 1 •41"E
Np5�5
LOT 152 ° w 10,014 SF ? \ LOT 139 \
CA ;n ` 1 M ` 5,558 SF
!15 \% q"E
GRAPHIC SCALE
50 0 25 50
( IN FEET )
1 inch = 50 ft.
TH OF Lr
o �•
v CORY M. HAYNES a
No. 2539
-1.slot.
po
t0.
4b su?.V °�+'
\ SEE SHEET 5
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1"-50' DATE: JULY 5, 2006
Patton Harris Rust & Associates,pc'
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
P Winchester, Virginia 22601
HPA
T 540.667.2139
F 540.665.0493 SHEET 4 OF 8
" * KINGFISHER ce
i21'42�49 W , COURT cs SO301'49"w!
52.00 ..� T 39 30.
1.3of 20.71 L$69.10
C9
co
/ 0)
LOT 149
w1,1692 SF
o 'ol
>° 'Q!)
2
S03'14'S8
111.25'
�►� LOT 148
c°
4,641 SF
Iw
S05'i 6'04 WE
tr
M 113.9T
N
U.1
LOT 147
5,949 SF
�M
I_ k" 114.82'
to * LOT 146
0 4,699 SF
00
Z S09-25-25"E
114.32'
I� LOT 145
�141DW-ES7mT-
89.32
6,153 SF .n
15' UTILITY ESMT '
C 1
_ S s• 25' E
1.98�
106.80 0 _
VARIABLE WIDTH -
WATER ESMT
15' UTILITY ESMT -�
SST #060001207
*PARCEL D4
PRIVATE STREETS
1.4833 AC
GRAPHIC SCALE
so 50
( IN FEET )
1 inch = 50 ft.
I
9n
CIO in I
RT
146.80
C11 N
\C,�� w i
I
SEE SHEET 4
119 SS ,
LOT 138
s 5,556 SF
o 118.51' o
LOT 137 / of
-j 6,065 SF o Co
15' NO2• �
3 Z20'31 "W
'0 M ;,� 115.00'
0
I N LOT 136
�-' �N 4,828 SF N
0
�
117.46'
12
It I m
LOT 135
0113)
6,120 SF
SIN
0
N0733'05"W
0
r-
�.�,
j
118.31'
LOT 134
W
HIV
4,855 SF
o N
OD
MI
N09 25'25"W
z
117.23'
f-
I �oW
LOT 133
oI
l �Q
6,252 SF
J
C12
C1
/
M �U
QUjQ
~w
�ZN
�Qrn
�rn
00 �r-
114 !tnL
N09'25'25"W
90.00' 25'31 5.00'
* BUNTING COURT
S09'25'25"E in T-'15.00'
00
95.00' �o-- _
r 8' WATER ESMT —I
15' UTILITY ESMT �I
SEE SHEET 7
H 6F
�o ffP
v CORY M. HAYNES 9
No. 2539
715109
l9 04'
��
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: JULY 5, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
P Winchester, Virginia 22601
HPA T 540.667.2139
F 640.665.0493 SHEET 5 OF 8
PARCEL A4 1y5_0.791
OPEN SPACE 69.95'
w
409,254 SF
zNST rn
LOT 154 3
7,668 SF N100
n w
ti qb
' r
>J\� WLOT 1559,083 SF L� 6. �9 23.00'
S°S•
T N21'42'49"W
0 0 h� L�9 83.71_ —
/ N4'23
LOT 156 31.291
hry�/
7,2Sb
15 SF
s 'OLZo
^; 0 , w 3 ��o J
Cj 'by
LOT 157 ��- ���"� I'll
7,555 SF J °�
4 ry� / J� ►.
VU
LOT 158 / o , ; / •
9,282 SF
n C4 I '4l �
# -j #U
wi S2632'29"E O &
112.00'.41
V
Z 0 `�kp
LOT 159 �'� �•ow $ i
9,344 SF C'-,?s� N
;0 ' *PARCEL D4
• '' 48.
n PRIVATE STREETS
�h 4� 1.4833 AC
a '9 14 •
?� LOT 160\sg .
9,344 SF
2
S
PARCEL A4°8�.0?1
OPEN SPACE s.�•
409,254 SF F '�J TH p� FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
v 9 OPEQUON MAGISTERIAL DISTRICT
CORY M. HAYNES FREDERICK COUNTY, VIRGINIA
No. 2HA
•T S 39 SCALE: 1 "=50' DATE: JULY 5, 2006
GRAPHIC SCALE f[7 �,V 11 II QI IIJ 1\V .11 {i AJJV V1a l6 a�'JI
l��' Engineers. Surveyors. Planners. Landscape Architects
50 0 25 50 S[JR
Winchester,
East Piccadilly Street, Suite 200
Winchester, Virginia 22601
( IN FEET) T 540.667.2139
1 inch = 50 fL F 540.665.0493
3
0
in
N
x
g
M
I
00i95 V� .� o�
's LOT 166
G3 8,421 SF
G�
r000
\NS, y 1y
1 1 �1N 1
PARCEL A4
OPEN SPACE
409,254 SF I I I I; h
I
Fsy�,
*PARCEL D4
PRIVATE STREETS
1.4833 AC
GRAPHIC SCALE
50 0 25 50
( IN FEET )
1 inch = 50 ft.
TH of Df
0
v CORY M. HAYNES 9
No. 2539
7�s jo6
LOT 167
8,738 SF
13-V112
114A0�
0
N
GJ
87—((A))-103
(REMAINDER)
154.9982 AC
52'15
N N10' �►
coo 50.88
a�
�-Ln
LOT 168 o IW
8.353 SF 411-°
PARCEL A4
OPEN SPACE
409,254 SF
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: JULY 5, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
PHPA+
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 7 OF 2
8' WATER ESMT �"
15' UTILITY ESMT /
i
15'�+
L15
SEE SHEET 7
1:10
,y 15' 15'
j 60 RN
w c4
st N -'o
v .Iccn
4
_N45'01'06"E
112.49'
N
LOT 170 n
7,599 SF
N50'29'32"E
111 00'
*GREBE
DRIVE to I LOT 171 gl
�yy0 LO
5E I 7,215 SF
5033"N)LL 50_29'32"E
I111.00'
\ C1C155 i I bl
I LOT 172 UiI
40' c° I 7,215 SF Ui
g
~ N50'29'32"E
PARCEL A4
I uj 0 W
1i1.00'
w
\
f
OPEN SPACE
J
15'
=
00
ir\
409,254 SF
I w F �
r'-
ol0
*PARCEL D4
PRIVATE STREETS
1.4833 AC
Z N S LOT 173 LI°
I ? M o I 7,215 SF `� V)
N50*29'32"E
111.00'
I o I LOT 174tn
0l
owF o j 7,215 SF
o zo I
IZ LO N50*29'32"E
M � 111.00'
I I
[::35'
o LOT 175 qI
n I 7,215 SFL 1- `O
111.00'
N50'29'32"E
SEE SHEET 3
I-SOFV1
TH OF Ar
v CORY M. HAYNES >'
No. 2539
L ' 71 s/oG A
GRAPHIC SCALE L��D � Q4
50 0 25 so
�Sm��
( IN FEET )
1 inch = 50 it.
O
N
0
1
1
PARCEL A4
OPEN SPACE
409,254 SF
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1"=50' DATE: JULY 5, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
PHPA+
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 8 OF 8
0
N
VIRGINIA: FREDERICK COUNTY.SCT.
This instrument of writing was produced to me on
Aao�%sa I b p 202ln at S � .,S io W
and with certificate acknowled(,ement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
S, and 58.1-801 have been paid, if assessable.
4L'�4 , Clerk
060015633 c::)
N
THIS DEED OF SUBDIVISION AND EASEMENT (the "Deed") is made this '6 day of
Avav-ST , 2006, by and among OXBRIDGE DEVELOPMENT AT SHENANDOAH, L.C.,
a Maryland limited liability company (hereinafter referred to as "Owner"); SHENANDOAH
HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock corporation (hereinafter referred
to as "Association"); the BOARD OF SUPERVISORS OF FREDERICK COUNTY,
VIRGINIA, a body corporate and politic (hereinafter referred to as "County"); and the
FREDERICK COUNTY SANITATION AUTHORITY, a body corporate and politic
(hereinafter referred to as "Authority").
WITNESSETH
WHEREAS, the Owner is the owner and proprietor of certain real property (the
"Property") as shown on plat dated July 5, 2006, entitled "Final Plat Shenandoah Phase 1 Section
4," and prepared by Patton Harris Rust & Associates, P.C., Winchester, Virginia, certified land
surveyors (the "Plat") which Plat is attached hereto; and
WHEREAS, the Property is situate in Frederick County, Virginia, Owner having acquired
the Propertyby deeds recorded in Instrument # 040022116 and in Instrument # 050015737, among
the land records of Frederick County, Virginia; and
WHEREAS, it is the desire and intent of Owner to subdivide the Property into lots and
parcels; and
WHEREAS, it is the desire and intent of Owner to reserve unto itself certain easements as
defined on sheet #2 of the Plat and as hereinafter provided; and
I
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
O
[V
!V
WHEREAS, it is the desire and intent of Owner to grant and convey unto the County and
unto the Authority the easements in the locations as shown on the Plat and as hereinafter provided;
and
WHEREAS, it is the desire and intent of Owner to grant and convey unto the Association
the easements in the locations as shown on the Plat and as hereinafter provided.
SUBDIVISION
NOW, THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00),
cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby subdivide the
Property into lots and parcels, to be known as Lots 133 through 160, inclusive, Lots 166 through
175, inclusive, and Open Space Parcels A4, B4 & C4, and Parcel D4, Phase 1, Section 4,
SHENANDOAH, all in accordance with the Plat which is expressly incorporated herein and made a
part of this Deed.
RESERVATION OF EASEMENTS
THIS DEED FURTHER WITHNESSETH that in consideration of the premises and the
sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Owner
does hereby reserve unto itself its successors and assigns the following: (a) 15' utility easements
over the boundaries of all lots and Open Space Parcels A4, B4 & C4, in the areas where said lots
and parcels are adjoining private streets, as shown on the Plat; (b) ingress -egress, drainage, water
and sanitary sewer easements along all private streets; and (c) drainage easements as shown on the
Plat as "20' DRN ESMT", "10' DRN ESMT", "VARIABLE WIDTH DRN ESMT" AND "DRN
ESMT", and over all open space parcels; and all as more particularly set forth in Notes # 5, 6 and 7
on sheet #2 of the Plat. The Owner has the right to assign one or more of these easements in the
2
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
N
N
C. n
future to any entity, including but not limited to the County, the Authority, the Association; and
utility companies. Further, the Owner has the right to grant one or more ofthese easements to such
entities by deed of easement. Any such grant by deed or assignment may include such terms and
conditions as deemed appropriate by the Owner and such entities.
COUNTY EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration ofthe premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby grant and convey unto the County, its successors and assigns, the easements as hereafter set
forth in the respective locations shown on the Plat as follows:
A. Emergency Ingress and Egress Easement. An easement for ingress and egress, for
construction and maintenance of utilities, for County and other emergency vehicles, and for the
purpose of performing any governmental functions which the County may find necessary or
desirable to perform, including but not limited to police and fire protection, over and across all
private streets, common driveways, public and private access easements, and ingress and egress
easements, as shown on the Plat.
B. Storm Drain Easements. Easements for the purpose of constructing, operating,
maintaining, adding to, altering or replacing present or future stormwater management facilities,
storm drainage lines, storm sewer lines or other drainage structures, including building connection
lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm
waters and its transmission through and across the said property of Owner, said easements being
A0089267.DOC / I Deed of Sub, Ph 1, Sec 4 002559 000013
0
N
N
more particularly bounded and described on the Plat as ' 20' DRN ESMT", "10' DRN ESMT",
"VARIABLE WIDTH DRN ESMT" AND "DRN ESMT".
The foregoing easements are subject to the following conditions where applicable:
1. All sewers, manholes, inlet structures, and appurtenant facilities which are
installed in the easements shall be and remain the property of the County, its successors and assigns.
2. The County and its agents shall have full and free use of said easements for
the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of
the easements including the right of access to and from the easements and right to use adjoining land
where necessary, provided, however, that this right to use adjoining land shall be exercised only
during periods of actual construction or maintenance, and further, this right shallnot be construed to
allow the County to erect any building or structure of a permanent nature on such adjoining land.
3. The County shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions or facilities in or near the easements being conveyed,
deemed by it to interfere with the proper and efficient construction, operation, and maintenance of
said easements; provided, however, that the County, at its own expense, shall restore, as nearly as
possible, the premises to their original condition. Such restoration shall include the backfdhng of
trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture
areas, and the replacement of structures and other facilities located without the easements, but shall
not include the replacement of structures, trees, or other facilities located within the easements.
4. Owner reserves the right to construct and maintain roadways over said
easements to the extent not prohibited or restricted by ordinance and to make any use of the
4
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
O
N
N
J
easements herein granted which may not be inconsistent with the rights herein conveyed or interfere
with the use of said easements by the County for the purposes named; provided, however, that
Owner shall not erect any building or other structure, excepting a fence, on the easements without
obtaining the prior written approval of the County.
F.C.S.A. EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration ofthe premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby grant and convey unto the Authority, its successors and assigns, the easements as hereafter
set forth in the respective locations as shown on the Plat, as follows:
A. Waterline Easements. Waterline easements for the purpose of constructing,
operating, maintaining, adding to, altering or replacing present or future water mains, including fire
hydrants, valves, meters, building service connections, and other appurtenant facilities for the
transmission and distribution of water through, upon, and across the property of Owner, said
easements being more particularly bounded and described on the Plat.
B. Sanitary Sewer Easements. Easements for the purpose of constructing, operating,
maintaining, adding to, altering or replacing present or future sanitary sewer lines, including building
connection lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary for the
collection of sanitary sewage and its transmission through and across the property of Owner as
shown on the Plat as "VARIABLE WIDTH SAN SEW ESMTS" and "VARIABLE WIDTH SAN
SEW ESMT".
The foregoing easements to the Authority are subject to the following conditions:
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
O
N
N
OO
1. All water mains, sewer lines, and appurtenant facilities which are installed in
the easements shall be and remain the property of the Authority, its successors and assigns.
2. The Authority and its agents shall have full and free use of said easements for
the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of
the easements including the right of access to and from the easements and the right to use adjoining
land where necessary; provided, however, that this right to use adjoining land shall be exercised only
during periods of actual construction or maintenance, and further, this right shall not be construed to
allow the Authority to erect any building or structure of a permanent nature on such adjoining land.
3. The Authority shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions or facilities in or near the easements being conveyed,
deemed by it to interfere with the proper and efficient construction, operation, and maintenance of
said water mains, sewer lines, and appurtenant facilities; provided, however, that the Authority at its
own expense shall restore as nearly as possible, to their original condition, all land or premises
included within or adjoining said easements which are disturbed in any manner by the construction,
operation, and maintenance of said water mains, sewer fines and appurtenant facilities. Such
restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the
reseeding or resodding of lawns or pasture areas, and the replacement of structures and other
facilities located without the easements, but shall not include the replacement of structures, trees,
and other facilities located within the easements.
4. Owner reserves the right to construct and maintain roadways over said
easements and to make use of the easements herein granted which may not be inconsistent with the
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
a..
N
N
'I'D
rights herein conveyed or interfere with the use of said easements by the Authority for the purposes
named; provided, however, that Owner shall not erect any building or other structure, except a
fence, on the easements without obtaining the prior written approval of the Authority.
PRIVATE STREET INGRESS/EGRESS EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration of the sum of One Dollar
($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby create and
establish easements for ingress and egress and for the construction and maintenance ofutilities in the
locations as shown on the Plat, designated thereon as "Grebe Drive", "Kingfisher Court", `Bunting
Court", "40' Non -Exclusive I/E & Utility Esmt" and "35' Non -Exclusive I/E & Utility Esmt" for
the use and benefit ofthe lot(s) served thereby. The Association, its successors and assigns, shallbe
responsible for the construction, repair and maintenance, including snow removal, of the roadway
within the easement. The construction, repair and maintenance of the roadway and the easement
shall not be the responsibility of the County or the Commonwealth
MISCELLANEOUS
Headings used in this Deed are for convenience purposes only and are not intended to affect
the express terms herein set forth.
This Deed is made in accordance with the statutes made and provided in such cases; with the
approval ofthe proper authorities of Frederick County, Virginia, as shown by the signatures affixed
to the Plat, and is with the free consent and in accordance with the desire of Owner, the owner and
proprietor of the land depicted on the Plat.
The undersigned warrants that this Deed is made and executed pursuant to authority
properly granted by the operating agreement of the Owner.
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
N
GJ
O
The Association unites herein to indicate and confirm its acceptance of all of the
maintenance and other obligations assigned to or assumed by the Association under this Deed.
IN WITNESS WHEREOF, the Owner has caused this Deed to be executed, under seal
A0089267.DOC / I Deed of Sub, Ph 1, Sec 4 002559 000013
0
N
W
OXBRIDGE DEVELOPMENT AT
STATE OF V -
COUNTY O , to wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
. a4jk as Alza Au+4f-X of OXBRIDGE
DEVELOPMENT AT SHENANDOAH, L.C., whose name is signed to the foregoing Deed,
appeared before me and personally acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this day of 52006.
Notary Public
My commission expires. 3 I A007
a tA� _
y\
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
4,4+
C)
N
W
DO
STATE OF VIRGINIA:
COUNTY to wit:
I, the undersigned Notary Public, in and for tbrjurisdiction aforesaid- do hereby certify that
v as of
MENANDOAX HOMEOWNERS ASSOCIATION, INC., wh se name is signeg to the foregoing
Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this 1(o& day of , 2006.
Notary Public
My commission expir 1,d :5 o�iXTf
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
10
U)
CP
U
z
r3l
DC-18 (1/90)
SL
:77
J
s
0600012
R&LARATION OF COVENANTS, CONDITIONS
RESTRICTIONS AND RESERVATION OF EASEMENTS co
co
SHENANDOAH HOMEOWNERS ASSOCIATION, INC.
This Declaration of Covenants, Conditions, Restrictions and Reservation of
Easements is made this _ day of _J A AjuAgq , 2006, by OXBRIDGE
DEVELOPMENTAT SHENANDOAH, LC, a Maryland limited liability company, referred to
as "Developer."
**WITNESSETH**
WHEREAS, Developer is the owner of certain land situated in Frederick County,
Virginia more particularly described in Exhibit "A" attached hereto as a part hereof, said
land together with such additional lands as shall be subjected to this Declaration being
referred to as the "Property," and
WHEREAS, the Developer wishes to establish and assure a uniform plan for the
development of the Property and to enhance and protect the economic and aesthetic value
and desirability of the Property and the health, safety and welfare of the residents of the
Property; and
WHEREAS, the Developer wishes to provide age -qualified housing intended and
operated for occupancy pursuant to the Fair Housing Act [42 U.S.C. § 3601 et seq.], in
accordance with the Master Development Plan (as defined herein), and set forth in Article
15 herein.
NOW, THEREFORE, the Developer declares that the Property is hereby subjected
to and shall be held, sold, occupied and conveyed subject to this Declaration of
Covenants, Conditions, Restrictions and Reservation of Easements.
The Developer further declares that this Declaration and all amendments and
supplements thereto shall run with the land and shall be binding upon the Developer, the
Association, each Owner, their heirs, successors and assigns and all parties claiming
under them or under this Declaration and shall inure to the benefit of and be enforceable
by the Developer, the Association, each Owner and all claiming under each Owner.
The Property is part of a larger tract of land owned or to be acquired by the
Developer. The Developer anticipates that such larger tract of land will be developed in
sections and subjected or annexed to this Declaration. The Developer shall not be
Shenandoah HOA Declaration (FINAL) Page 1
Q
obligated, however, to develop or annex such additional land. Any such annexation will bQ0
governed by the provisions for annexation of land contained herein.
Shenandoah Homeowners Association, Inc., referred to herein, has been
established as a community association for the Owners and Residents of the Property.
ARTICLE 1
Definitions
The words used hereinabove or hereafter in this Declaration which begin with
capital letters (other than words which would be normally capitalized) shall have the
meanings assigned to them in Article I of this Declaration.
1.1 "Annual General Assessment' shall mean and refer to the annual
charge shared by all Class A members established pursuant to Article 4 of this
Declaration.
1.2 "Assessments" shall mean and refer to the Annual General
Assessment, Services Assessment, Special Assessment, and any other assessment
obligation, as levied by the Association.
1.3 "Association" shall mean and refer to Shenandoah Homeowners
Association, Inc., a Virginia non -stock corporation, its successors and assigns.
1.4 "Board of Directors" shall mean and refer to the Board of Directors of
the Association and any board, group or entity of the successor or assign to the
Association serving in a comparable capacity to the Board of Directors of the Association.
1.5 "ClassA Members" shall mean and refer to all Owners except, during
the Development Period, the Developer.
1.6 "Class B Member' shall mean and refer to the Developer.
1.7 "Community Facilities" and/or "Common Area" shall mean and refer
to all personal and real property and the improvements thereon from time to time owned or
maintained by the Association for the common use and enjoyment of the Members. Such
property may (but need not) include any common areas, easement areas, public,
neighborhood or community buildings, recreational facilities, natural resource facilities,
parks and other open space land, lakes and streams, storm water management and
drainage facilities, all private streets, pathway and bikeway systems, pedestrian facilities,
cable television facilities, design amenities and other community facilities and buildings
Shenandoah HOA Declaration Page 2
I
needed in connection with water supply, sewage disposal, gas, electric, or other utility
lines, equipment or installations.
1.8 "Covenants Committee" shall mean and refer to the Architectural
Review and Covenants Committee so named and established in accordance with Article 5
of this Declaration.
1.9 "Declaration" shall mean and refer to this Declaration of Covenants,
Conditions, Restrictions and Reservation of Easements as it may from time to time be
amended or supplemented in the manner provided herein.
1.10 "Developer" shall mean and refer to OXBRIDGE DEVELOPMENT AT
SHENANDOAH, LC, its successors and assigns; provided, however, that no successoror
assignee of the Developer shall have any rights or obligations of the Developer hereunder
unless such rights and obligations are specifically set forth in an instrument of succession
or assignment designating a party as the Developer hereunder, orwhich pass by operation
of law. Developer reserves the right to assign in whole or in part its rights as the
"Developer" to any Owner of all or any part of the Property.
1.11 "Development Period' shal I mean and refer to the period commencing
on the date of this Declaration first set forth above and terminating on the date that Class B
Membership terminates, as provided herein.
1.12 "Dwelling Unit" shall mean any portion of the Property, as improved,
intended for any type of independent ownership for use and occupancy as a residence by
one household and shall, unless otherwise specified, include within its meaning (byway of
illustration, but not limitation) condominium units, townhouses, duplex units, single family
attached and detached homes.
1.13 "Land Development Activity' shall mean and refer to any building,
construction, reconstruction or repair of a Dwelling Unit, roadways, curbing, sidewalks,
utility services or any other Structure on a Lot or any other portion of the Property by the
Developer and/or by other persons regularly engaged in the building or construction
business (including a Participating Builder), if granted approval in writing by the Developer.
1.14 "Lot' shall mean and refer to any plot of land shown upon any recorded
subdivision map of the Property which has been subjected to this Declaration and upon
which a Dwelling Unit(s) could be constructed in accordance with Frederick County zoning
ordinances, and also to each condominium unit on the Property created in accordance with
the applicable laws of Virginia in effect from time to time. "Lot" shall not mean and refer to
Community Facilities, or any real property owned by the Association.
1.15 "Member" shall collectively mean the Class A Members and Class B
Member of the Association.
Shenandoah HOA Declaration Page 3
ko
1.16 "Mortgagee" shall mean the holder of any recorded mortgage, or the
party secured or beneficiary of any recorded deed of trust, encumbering one or more of the
Lots. "Mortgage," as used herein, shall include deeds of trust. "First Mortgagee" as used
herein, shall mean a holder of a mortgage with priority over all other mortgages. As used in
this Declaration, the term "Mortgagee" shall mean any mortgagee and shall not be limited
to institutional mortgagees. As used in this Declaration, the term "institutional mortgagee"
or "institutional holder" shall include banks, trust companies, insurance companies,
mortgage insurance companies, savings and loan associations, trusts, mutual savings
banks, credit unions, pension funds, mortgage companies, Federal National Mortgage
Association ("FNMA") , Federal Home Loan Mortgage Corporation (THLMC"), all
corporations and any agency or department of the United States Government or of any
state or municipal government. As used in this Declaration, the term "holder" or
"mortgagee" shall include the parties secured by any deed of trust or any beneficiary
thereof.
1.17 "Owner' shall mean and refer to the record owner, whether one or more
persons or entities, of the fee simple title to any Lot which is a part of the Property,
including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation.
1.18 "Participating Builder' shall mean and refer to a person or entity
designated in writing by the Developer as a Participating Builder.
1.19 "Person" shall mean and refer to any individual, corporation, limited
liability company, joint venture, partnership, association, joint stock company, trust,
unincorporated organization or government or any agency or political subdivision thereof
or any other separate legal entity.
1.20 "Proffers" and/or "Master Development Plan" shall mean the
agreement between the Developer and Frederick County dated May 2, 2001, referred to as
"Final Notes to Master Development Plan Shenandoah" regarding the development of the
Property as the same may be amended from time to time.
1.21 "Property' shall mean and refer to those certain lands in Frederick
County, Virginia, more particularly described in Exhibit "A" attached hereto, together with
such additional lands as may be subjected to this Declaration.
1.22 "Resident" shall mean and refer to (i) each individual occupying any
Dwelling Unit, including an Owner or those individuals occupying such Dwelling Unit
pursuant to a lease agreement with the Owner thereof who, if requested by the Board of
Directors, has delivered proof of such lease agreement to the Board of Directors; (ii)
members of the immediate family of such individual or of an Owner, who actually resides
within the Property and in the same household with each such individual or Owner; and (iii)
Shenandoah HOA Declaration Page 4
C")
N
any person who has a fixed place of habitation at a Dwelling Unit of any such individual or
Owner to which, whenever he is absent, he has the intention of returning.
1.23 "Services Assessment" shall mean and refer to the charge or charges
imposed upon a section or Subassociation of the Property for certain services rendered
pursuant to Article 4 of this Declaration.
1.24 "Special Assessment' shall mean and refer to any special charge
established pursuant to Article 4 of this Declaration.
1.25 "Structure" shall mean and refer to:
(a) Any Community Facility,
(b) Any structure, thing or object (other than trees, shrubbery,
landscaping and hedges less than two feet high) the placement of which upon any Lot may
affect the appearance of such Lot, including, but not limited to, any building, garage, porch,
shed, greenhouse, bathhouse, coop, cage, house trailer, covered or uncovered patio,
swimming pool, fence, curbing, paving, wall, signboard, antenna, satellite dish, statues or
any other temporary or permanent improvement on such Lot,
(c) Any excavation, fill, ditch, dam, berm or other thing or device which
affects or alters the natural flow of surface waters from, upon or across any Lot, or which
affects or alters the flow of any waters in any natural or artificial stream, wash or drainage
channel from, upon or across any Lot.
(d) Any change of more than six inches in the grade of any Lot.
1.26 "Subassociation" means an owners association, including but not
necessarily limited to a homeowners association or condominium unit owners association,
created by a declaration or other appropriate instrument recorded among the Land
Records which subjects a portion of the Property to covenants, conditions and/or
restrictions additional to those set forth in this Declaration and grants rights to such
association with respect to such portion of the Property. During the Development Period,
any such association shall be created only by the Developer or with its consent.
1.27 "VDGIF' shall mean the Commonwealth of Virginia, Department of
Game and Inland Fisheries.
Shenandoah HOA Declaration Page 5
ARTICLE 2
Property Rights of Community Facilities ca
2.1 Ri_ahts of Enjoyment of Community Facilities. Each Owner shall
have a right and nonexclusive easement of enjoyment in and to the Community Facilities
owned by the Association which shall be appurtenant to and shall pass with the title to his
Lot. Each Resident shall have a nontransferable right to use and enjoy the Community
Facilities owned by the Association, which right shall terminate when such person ceases
to have the status of a Resident. Such easements and rights shall be subject to the
following provisions:
(a) The right of the Board of Directors to adopt, promulgate, enforce,
and from time to time amend, reasonable rules and regulations pertaining to the use of the
Community Facilities which shall enhance the preservation of such facilities and the safety
and convenience of the users thereof. Such rules and regulations shall not violate the
provisions of the Proffers and may include limitations on the number of guests of Owners
and Residents who may use the Community Facilities at any one time.
(b) The right of the Board of Directors to allow use of any of the
Community Facilities by non -Members on such basis as the Board of Directors may
determine, and the right of the Board of Directors to establish and charge reasonable
admission and any other fees for certain uses of the Community Facilities.
(c) The right of the Board of Directors to suspend the voting rights of
Members, and the rights of any Owner or Resident to use all or any portion of the
Community Facilities (with the exception of any streets or access ways) for a violation of
this Declaration or an infraction of the Board's rules and regulations for period(s)
determined by the Board of Directors until such violation is cured.
(d) The right of the Board of Directors to suspend the right of any
Owner or Resident to use the Community Facilities for so long as any Annual General
Assessment, Services Assessment or Special Assessment for such Lot remains unpaid
and overdue.
(e) The right of the Board of Directors to levy fines, late fees, interest
and penalties for violations of the provisions of this Declaration or any reasonable rules or
regulations adopted by the Board of Directors pursuant to the provisions hereof.
(f) The right of the Developer to construct additional Community
Facilities thereon in accordance with Section 2.2.
(g) The right of the Board of Directors to grant easements or
rights -of -way over the Common Areas.
Shenandoah HOA Declaration Page 6
C)
(h) The right of the Board of Directors with the approval of a 66 2/3%
vote of the Class A Members present at a meeting at which a quorum is present (and of the
Class B Member during the Development Period), to borrow such amounts as are required
by the Association.
(i) The Board of Directors may at any time dedicate ortransfer all or a
part of the Community Facilities to any public agency, authority, or entity including, without
limitation, Frederick County, or to any nonprofit organization upon such terms and
conditions as shall be agreed upon by such agency, authority, entity or organization,
including, without limitation, terms and conditions providing for the use of such Community
Facilities by the public, in general, and with terms and conditions pertaining to the
maintenance and repair of such Community Facilities and the assessments of Owners
and/or Residents for the costs of such maintenance and repair. No such dedication or
transfer shall be effective during the Development Period unless approved by the Class B
Member. Provided, further, that the Board of Directors may convey portions of the
Common Areas to any entity or individual if needed as part of a boundary line adjustment.
0) The right to regulate parking on the property, including Community
Facilities through the granting of easements, licenses, or promulgation of rules and
regulations. In areas where parking is provided on private streets and parking bays owned
by the Association, the Board has the right, but not the obligation, to assign and reserve
parking spaces for the exclusive use of individual Owners. The Board may exercise this
right in a selective manner according to guidelines and criteria created for such purpose
and duly adopted by the Board.
2.2 Additional Community Facilities.
(a) The Developer may without the consent of any Class A Member,
from time to time, during the Development Period, (i) construct additional Community
Facilities on real property owned by the Association, and (ii) convey additional real
property to the Association, Frederick County, or to a utility company along with any
structure, improvement, or other facility (including related fixtures, equipment and
furnishings) located thereon.
(b) After the Development Period has expired, the Association shall
not construct any capital addition or capital improvement to the Community Facilities or
annex any additional Community Facilities (other than as provided in Section 2.2(a))
unless such addition, improvement, or annexation shall have been authorized by the Board
of Directors. Any such construction shall be performed in accordance with the Proffers.
Such action must also be approved by 66 2/3% of the votes cast by the Class A Members
who are voting in person or by proxy at a meeting duly called for such purpose at which a
quorum is present.
Shenandoah HOA Declaration Page 7
ARTICLE 3
Association Membership,CD
Voting Rights, Board of Directors
Cil
3.1 Organization of the Association. The Association has been
organized as a nonprofit, nonstock corporation under the laws of Virginia (i) to provide for
the acquisition, construction, management, maintenance and care of the Community
Facilities; (ii) to obtain, manage and maintain services for the Property, or sections thereof
including, but not limited to, as necessary, refuse collection, grass mowing, street cleaning,
landscape maintenance, parking area maintenance and management, snow plowing and
maintaining the records of the Association; (iii) to provide for the maintenance of any land
which is intended to be conveyed to the Association; and (iv) to take other acts or action
which would promote the health, safety or welfare of the Owners and Residents. The
Association is charged with such further duties and invested with such powers as are
prescribed by law and set forth in the Articles of Incorporation of the Association and the
Bylaws as all of the same may be amended from time to time. The Articles of Incorporation
and Bylaws of the Association shall not be amended or otherwise changed or interpreted
so as to be inconsistent with this Declaration.
3.2 Membership in the Association. The Association shall have the
following classes of membership:
Class A. Class A Members shall be all Owners (with the exception, during
the Development Period, of the Developer). A Person shall automatically become a Class
A Member upon his becoming an Owner and shall remain a Class A Memberfor so long as
he is an Owner.
Class B. The Class B Member shall be the Developer.
3.3 Votin_a Rights of Members. The Association shall have two (2)
classes of voting membership:
Class A: Class A members shall be all Owners with the exception of the
Developer. Class A members shall be entitled to one (1) vote for each Lot owned. When
more than one (1) person holds an 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 (1) vote be cast by a Class A member with respect to any Lot.
Class B: The Class B member shall be the Developer (as defined in the
Declaration) and shall be entitled to six thousand (6,000) votes. The Class B membership
shall cease upon the happening of any of the following events, whichever occurs later:
Shenandoah HOA Declaration Page 8
0
t3N
(i) December 31, 2035; or
(ii) the release of all improvement and development bonds or
sureties posted or filed with the State, County, Town or other
governmental agencies in connection with the Property.
In addition, notwithstanding subparagraph (i) and (ii) above, the Class B
Membership may be terminated at any time by Developer by the recordation among the
Land Records of a written instrument signed by the Developer, or its successors or
assigns, specifically terminating such rights.
3.4 Board of Directors.
The business and affairs of the Association shall be managed by a Board of
Directors elected by the Members without regard to class of membership. As long as the
Developer has the status of a Class B Member, it shall have the right to appoint the
Directors. After the Class B membership has terminated, Directors shall be elected by the
Members in accordance with Article 4 of the Bylaws of the Association. The number of
directors shall be determined in accordance with the provisions of the Bylaws of the
Association.
3.5 Adoption of Further Rules and Re_niulations. The Board of Directors
may make such rules and regulations consistent with the terms of this Declaration and the
Association's Articles of Incorporation and Bylaws, as it deems advisable with respect to
items such as meetings of Members, proof of membership in the Association, evidence of
right to vote, appointment and duties of inspectors of votes, registration of Members for
voting purposes, voting by proxy and other matters concerning the conduct of meetings
and voting. If the Board of Directors shall so determine and if permitted under applicable
law, voting on elections and other matters, including any matters requiring the approval of
the Class A Members as provided in this Declaration, may be conducted by mail or by
ballot.
3.6 Limitation of Liability. The Association and its Board of Directors shall
not be liable for any failure of any services to be obtained by the Association or paid for
out of the common expense funds, or for injury or damage to person or property caused by
the elements or resulting from water which may leak or flow from any portion of the
Common Areas or its facilities, or from any wire, pipe, drain, conduit or the like. The
Association shall not be liable to any Members for loss or damage, by theft or otherwise, of
articles which may be stored upon the Common Areas or its facilities. No diminution or
abatement of assessments, as herein elsewhere provided for, shall be claimed or allowed
for inconvenience or discomfort arising from the making of repairs or improvements to the
Common Areas or its facilities, or from any action taken by the Association to comply with
any of the provisions of this Declaration or with any law or ordinance or with the order or
directive of any municipal or other governmental authority.
Shenandoah HOA Declaration Page 9
C3
ARTICLE 4
Covenant for Assessments
4.1 Creation of the Lien and Personal Obligation ofAssessments. The
Developer hereby covenants, and each Owner of any Lot by acceptance of a deed
therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Association such Annual General Assessments, Services
Assessments, Special Assessments, and other assessments and obligations as are
established herein and are to be paid and collected as hereinafter provided. The Annual
General Assessments, Services Assessments, Special Assessments, and other
assessments and obligations as hereinafter provided, together with late fees, 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 Lot against which each such Assessment is
made. Each such Assessment, together with interest thereon, late charges, and cost of
collection thereof, shall also be the personal obligation of the person who was the Owner
of such Lot at the time when the Assessment fell due. The personal obligation for
delinquent Assessments shall not pass to successors in title unless expressly assumed by
them. No Owner may waive or otherwise escape liability for the Assessments provided for
herein by non-use of the Community Facilities or abandonment of his Lot or any Dwelling
Unit thereon. No Owner may waive or otherwise escape liability for the Assessments
provided for herein in the event the Community Facilities have not been completed in any
given year.
4.2 Purpose ofAssessments. The Assessments levied by the Association
shall be used exclusively to carry out the business and responsibilities of the Association
including, but not limited to (i) the acquisition, construction, management, maintenance
and care, repair or replacement of the Community Facilities and services; (ii) obtaining,
managing and maintaining services for the Property, or sections thereof including, as
necessary, refuse collection, and maintenance; and (iii) promoting the recreation, health,
safety and welfare of the Members.
4.3 Establishment of Annual General Assessment.
(a) The Association shall levy in each of its fiscal years an Annual
General Assessment against each Lot which is owned or occupied by a person who is not
the Developer or a Participating Builder. The amounts of such Annual General Assessment
shall be established by the Board of Directors at least thirty (30) days in advance of each
Annual Assessment Period. The first Annual General Assessment on each Lot imposed
pursuant to this Section 4.3(a) shall be adjusted according to the number of months
remaining in the Annual Assessment period from the date of conveyance.
Shenandoah HOA Declaration Page 10
to
co
(b) Participating Builders shall have no obligation to pay Assessments
to the Association on any Lot which is owned by a Participating Builder, until a certificate
of occupancy has been issued for a Dwelling Unit constructed on such Lot, at which time
any Participating Builder shall be subject to a full assessment with the respect to such Lot.
Provided, however, that the Participating Builder may be required by the Developerto pay
fees for each Lot owned by the Participating Builder, in an amount to be determined by the
Developer. Each Participating Builder shall be obligated to notify the Association within
ten (10) days of the issuance of the Certificate of Occupancy for the Dwelling Unit
constructed on any Lot on the Property.
(c) The amount of the Annual General Assessment shall be
determined by the Board of Directors according to its estimate of the cost of providing
services or rights of use which are common to all of the Lots.
4.4 Services Assessments. A Services Assessment may be levied by the
Board of Directors against any Lot, group of Lots, Subassociation, or a portion of any such
Subassociation. The amount of the Services Assessment shall be determined by the
Board of Directors according to the estimated cost of providing services or rights of use to
such Lot, group of Lots, Subassociation, or portion of any such Subassociation, which
services or rights are not enjoyed by all of the Members of the Association.
4.5 Special Assessments. In addition to the Annual General Assessment
and Services Assessment authorized above, the Board of Directors may levy, in any fiscal
year of the Association, a Special Assessment for the purpose of defraying, in whole or in
part, the cost of any construction, reconstruction, repair, replacement or maintenance of
the Community Facilities, including fixtures and personal property related thereto or upon
public lands within the Property. Special Assessments shall be imposed against Lots in
the same proportions as Annual General Assessments.
4.6 Developer Assessment. Notwithstanding any provision of this
Declaration, the Articles of Incorporation or Bylaws of the Association to the contrary, as
long as there is Class B membership in the Association, the Developer shall not be
obligated for, nor subject to, any Assessment for any Lot, Dwelling Unit, or portion of the
Property which it may own.
4.7 Date of Commencement of Assessments. The Annual General
Assessment and Services Assessment, if any, provided for in this Article 4 shall commence
as to each Lot on the date of conveyance of the Lot to a Class A Member. The first Annual
General Assessment and Services Assessment (if any) shall be adjusted for each Lot
according to the number of days remaining in the month in which settlement occurs and
the number of months remaining in the calendar year.
4.8 Repair and Replacement Reserve. As a part of any Annual General
Assessment, the Board of Directors shall obtain from Owners contributions to capital on a
Shenandoah HOA Declaration Page 11
regular basis, which contributions will be used to establish a replacement and repair
reserve. Such contributions shall be paid monthly or at such time as regular assessments
are due and be in an amount to be designated from time to time by the Board of Directors.
Such funds shall be deposited in an account with a lending institution, the accounts of
which are insured by an agency of the United States of America, or may, in the discretion
of the Board of Directors, be invested in obligations of, or fully guaranteed as to principal
by, the United States of America. Such funds also may, in the discretion of the Board of
Directors, be invested in Money Market Funds which, although they themselves are not
guaranteed by the United States Government, invest solely in United States Government
securities (or in State bonds which are backed in principal by the State). The replacement
reserve may be expended only for the purpose of the replacement and repair of the
Community Facilities. A General or Operating Reserve may also be established by the
Board of Directors for other purposes at the sole discretion of the Board.
4.9 Initial Working Fund. The Board of Directors shall collect a working
capital contribution against the Owner of a Lot (other than the Developer or a Participating
Builder) at the time of closing on the Lot. Such contribution shall be in the amount of two
(2) months of the Annual General Assessment, in addition to any applicable
Subassociation assessment, and shall be utilized for commencing business of the
Association and providing the necessary working fund for it.
4.10 Notice and Due Dates. Written notice specifying (i) the amount of each
Annual General Assessment, Services Assessment and Special Assessment, and (ii) the
number and amounts of the installments by which each such Assessment is to be paid,
shall be given to the Owners of each Lot subject thereto. Assessments may be paid
monthly, quarterly, semi-annually or annually or as the Board of Directors may approve. If
requested by the Board of Directors, such assessments described herein may be collected
by a Subassociation for the Lots subject to such Subassociation and transmitted to the
Association. Each installment of an Annual General Assessment, Services Assessment or
Special Assessment shall be due on the first day of each assessment period as defined by
the Board of Directors.
4.11 Effect on Nonpayment of Assessments: Remedies of the
Association. Any Assessment not paid within thirty (30) days after the due date shall be
delinquent and the Association may exercise any or all of the following remedies, in
addition to any other remedy available at law or in equity: (a) upon notice to the Owner
declare the entire balance of any Annual General Assessment or Special Assessment due
and payable in full; (b) bring an action at law or in equity against the Owners of the Lot to
collect the same; and (c) foreclose the lien against the Lot. Such lien may be enforced by
the Association in the same manner and to the same extent and subject to the same
procedures as in the case of a foreclosure of a real property mortgage under the laws of
Virginia.
Shenandoah HOA Declaration Page 12
I
In addition, the Association may charge a late fee of $10.00 or such other
amount as is determined by the Board from time to time, for assessments which are not
received by the fifteen (15th) day of the assessment period. In any proceeding against an
Owner or Lot, the amount which may be recovered by the Association shall include all
costs of the proceeding, including reasonable attorneys' fees, as well as interest, late fees
and any administrative fees.
4.12 Certificate of Payment. The Association shall, upon written request by
an Owner, and for a reasonable charge, furnish a certificate signed by an officer or agent
of the Association setting forth whether the Annual General Assessments, Services
Assessments and Special Assessments, if any, on a specified Lot have been paid. The
Association shall furnish said Certificate within ten (10) business days of receipt of the
written request. A properly executed certificate of the Association as to the status of
Assessments on a Lot shall be binding upon the Association as of the date of its issuance.
4.13 Subordination of the Lien to Mort_oa_ges. The lien of the Annual
General Assessments, Services Assessments and Special Assessments provided for
herein shall be subordinate only to the lien of any First Mortgage or First Deed of Trust.
The sale or transfer of any Lot shall not affect the lien of such Assessments. However, the
sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu
thereof for the benefit of any First Mortgagee shall extinguish the lien of such Assessments
as to payments which became due prior to such sale or transfer. No sale or transfer shall
relieve such Lot from liability as to any assessments thereafter becoming due or from the
lien thereof. Notwithstanding the foregoing, no sale or transfer of any Lot pursuant to a
mortgage foreclosure or any proceeding in lieu thereof for the benefit of any First
Mortgagee shall be deemed to extinguish any mortgage or lien which the Association has
itself placed upon any property owned by the Association.
ARTICLE 5
Architectural Review and Covenants Committee
5.1 Composition and Appointment. An Architectural Review and
Covenants Committee (the "Covenants Committee") shall advise the Board of Directors.
Such Committee shall initially consist of three (3) members appointed by the Developer.
Members of the Covenants Committee shall serve for a term of three (3) years, or until
their successors are elected and qualified. The Developer may continue to appoint the
members to the Covenants Committee until the Development Period has terminated.
Except for members who have been designated by the Developer, any member may be
removed with or without cause by the Board of Directors.
Shenandoah HOA Declaration Page 13
tN
O
5.2 Powers and Duties.
(a) The Covenants Committee shall serve as an Architectural Review
Board and shall advise the Board of Directors as to the external design, appearance and
location of the Lots and Structures thereon so they may enforce the architectural
provisions of this Declaration, enforce the requirements of the recorded subdivision plats,
deeds of subdivision and Proffers, and to preserve and enhance values and to maintain a
harmonious relationship among Structures and the Property. The Covenants Committee
may delegate to a Subassociation the responsibilities described above with respect to the
Lots subject to such Subassociation. However, the Covenants Committee has the right to
advise the Board of Directors to enforce its design guidelines or the provisions of this
Article in the event the Subassociation fails to do so.
(b) The Covenants Committee shall serve in such other capacities as
may be determined, from time to time, by the Board of Directors in advising it regarding the
provisions of this Declaration, the Articles of Incorporation and Bylaws of the Association.
5.3 Submission of Plans to Covenants Committee. Except for such
structures as may be constructed by the Developer or structures constructed by a
Participating Builder which have first been approved by the Developer, no Structure of any
kind whatsoever shall be commenced, erected, placed, moved onto or permitted on any
Lot, nor shall any existing Structure upon any Lot be removed or altered in any way which
materially changes the exterior appearance thereof (including change of exterior color)
until plans and specifications therefor shall have been submitted to the Covenants
Committee and approved in writing by the Covenants Committee. Such plans and
specifications shall be in such form and shall contain such information as the Covenants
Committee may reasonably require, which may include:
(a) A site plan showing the location of all proposed and existing
Structures on the Lot and all existing Structures on adjoining Lots,
(b) Exterior elevations for the proposed Structures,
(c) Specifications of materials, color scheme and other details
affecting the exterior appearance of the proposed buildings,
and
(d) Description of the plans or provisions for landscaping or grading,
(e) Explanation of the proposed use of the Structure.
The provisions of this Section 5.3 shall not apply to Land Development
Activity as defined herein. Any plans and specifications of any Participating Builder which
have been approved by the Developer shall not be subject to any review or approval by
Shenandoah HOA Declaration Page 14
C)
ry
the Covenants Committee following the termination of the Class B membership or the
Development Period.
5.4 Approvals and Denials. Any approval or denial of a requested action
by the Covenants Committee shall be in writing and filed for review by the Board of
Directors. In denying any application, the Covenants Committee shall specify the reasons
for such denial. The Covenants Committee may approve an application subject to such
conditions and qualifications as deemed appropriate to enforce the architectural provisions
of these Covenants. The board shall reserve the right to periodically review Covenant
Committee decisions. The Board, in exercising its option of review may change any
decision of the Covenants Committee at anytime.. Work related to all approvals must be
commenced within 6 months and completed within 12 months of approval. If not so
commenced and/or completed, the approval shall be deemed to be terminated
automatically, unless an extension is granted by the Covenants Committee in its discretion.
5.5 Failure of the Covenants Committee to Act. If the Covenants
Committee shall fail to act upon any written request submitted to it within sixty (60) days
after submission thereof, then approval will be deemed to have been denied. Any request
that has been denied may be submitted to the Board of Directors for consideration. If the
Board of Directors shall fail to act within sixty (60) days after a resubmission, then such
request shall be deemed to have been approved as submitted, and no further action shall
be required.
5.6 Rules, Re_iulations and Policv Statements. The Board of Directors
shall adopt design guidelines for the Property which shall be in accordance with the
Proffers. The Covenants Committee may recommend, from time to time, subject to the
approval and adoption of the Board of Directors, reasonable rules and regulations
pertaining to its authorized duties and activities under this Declaration and may from time
to time issue statements of policy with respect to architectural standards and such other
matters as it is authorized to act on. The Covenants Committee shall adopt rules of
procedure, subject to the prior approval and adoption of the Board of Directors, which rules
of procedure shall include provisions substantially to the following effect (all subject to the
provision that certain procedures shall not apply during the Development Period defined
herein):
(a) Following the end of the Development Period, the Covenants
Committee shall hold regular meetings as necessary and at such time as is determined by
the Board of Directors. Meetings of the Covenants Committee may be called by the
Chairman of the Covenants Committee and by a majority of the members of said
Covenants Committee.
(b) A majority of the members of the Covenants Committee present at
any meeting shall constitute a quorum.
Shenandoah HOA Declaration Page 15
(c) The Covenants Committee shall maintain minutes of its meetings
and a record of the votes taken thereat.
(d) Following the end of the Development Period, all meetings of the
Covenants Committee shall be open to the Members of the Association and any vote of the
Covenants Committee shall be taken at an open meeting. Nothing contained herein,
however, shall prevent the Covenants Committee from meeting in closed session or
executive session to discuss matters before the Covenants Committee in accordance with
the Virginia Property Owners Association Act.
(e) A copy of all minutes, rules, regulations and policy statements of
the Covenants Committee shall be filed with the records of the Association and shall be
maintained by the Association as a permanent public record. The Association shall make
copies thereof available to any interested person at a reasonable cost or shall make such
minutes, rules, regulations and policy statements available to any person for copying.
5.7 Expenses of the Covenants Committee. The Covenants Committee
may charge reasonable fees for the processing of any requests, plans and specifications.
The Association shall pay all ordinary and necessary expenses of the Covenants
Committee; provided, however, no member of the Covenants Committee shall be paid any
salary or receive any other form of compensation, at the expense of the Association during
the Development Period except upon authorization by the Board and upon approval by (i)
66 2/3% of the votes cast by the Class A Members who are voting in person or by proxy at
a meeting duly called for such purpose at which a quorum is present, and (ii) the Class B
Member voting in person or by proxy at such meeting.
5.8 Ri4ht of Entry. The Board of Directors and the Covenants Committee,
through their authorized officers, employees and agents, shall have the right to enter upon
any Lot at all reasonable times for the purpose of ascertaining whether such Lot or the
construction, erection, placement, remodeling or alteration of any Structure thereon is in
compliance with the provisions of this Article and Article 6 without the Association or the
Covenants Committee or such officer, employee or agent being deemed to have committed
a trespass or wrongful act solely by reason of such action or actions.
5.9 Land Development. Notwithstanding any other provisions of this
Declaration, any Land Development Activity shall not require the approval of or be subject
to review by the Covenants Committee. This provision shall not be construed in any
manner as a limitation upon the right of the Developer to review and approve any plan or
modification thereof of any Participating Builder.
ARTICLE 6
Shenandoah HOA Declaration Page 16
C=)
General Restrictions on the Use of
Lots and Improvements to be Made Thereon
.c-
6.1 Fair Housing Restrictions. The use and occupancy of all Dwelling
Units and Lots is subject to certain age restrictions required by the Proffers, and by the
Fair Housing Act and its amendments. Such restrictions are described in Article 15 and
Section 16.1 of this Declaration.
6.2 Zoning Regulations, The Property shall not be used for any purpose
other than as permitted in Frederick County, Clarke County and Warren County Zoning
Ordinances (as applicable) or the laws, rules, or regulations of any governmental authority
in force and effect on the date of recording of this Declaration as the same may be
hereafter from time to time amended. The right, however, to further limit or restrict the use
of a particular Lot is reserved under the provisions of this Article.
6.3 No Use Contrary to Law and No Nuisances. No noxious or offensive
trade, services or activities shall be conducted on or upon any portion of the Property nor
shall anything be done thereon which may be or become a continuing annoyance or
hazard or nuisance to the Owners or Residents of the Property. No use of any Lot or part
thereof or any Structure thereon shall be made, nor shall any materials or products be
manufactured, processed or stored thereon or therein, contrary to Federal, State or Local
laws or regulations, or which shall cause an undue hazard to adjoining Lots. This provision
shall not be construed to prohibit the conduct of such professional services in residential
areas as are approved by the Board of Directors and are in compliance with local zoning
regulations.
6.4 Structures. The architectural character of all Structures, or alterations,
additions, or improvements thereof (other than interior alterations not affecting the external
appearance of a Structure) when visually related to each other and the surrounding natural
environment shall be, in the opinion of the recommendation of the Covenants Committee,
harmonious in terms of type, size, scale, form, color and material. Except as otherwise
herein provided, no Structure shall be painted, stuccoed or surfaced with any material
unless and until approved in writing by the Covenants Committee orthe Board of Directors,
in accordance with objective, performance -oriented guidelines established by the
Covenants Committee, and more particularly set forth in the submission and approval
procedure in Article 5.
6.5 Screens and Fences. Except for any fence installed by the Developer,
a Participating Builder, or the Association, no fence or screen shall be installed on a Lot
except in accordance with the rules established by the Covenants Committee and with the
prior written approval in accordance with Article 5.
Shenandoah HOA Declaration Page 17
C,
lU
C)
c-n
6.6 Outside Storage or Operations. No outside storage of lumber, metals,
or bulk materials of any kind, except building materials stored during the course of
construction of any approved Structure, shall be permitted and no refuse or trash shall be
kept, stored or allowed to accumulate on any Lot, unless such item is visually screened in
a manner approved in accordance with Article 5. No outside storage and operations shall
extend above the top of any such screening. If trash or other refuse is to be disposed of by
being picked up and carried away on a regular and recurring basis, containers may be
placed in the open, on any day that a pick-up is to be made, at such place on the Lot so as
to provide access to the persons making such pick-up. At all other times, such containers
shall be stored so as to be visually screened from all streets and adjacent and surrounding
Lots. The Covenants Committee may formulate and adopt reasonable rules and
regulations relating to the size, shape, color and type container permitted and the manner
of storage of same on any Lot.
6.7 Sians, Mailboxes and Li_ahtin_g. The location, color, nature, size,
design and construction of all signs, mailboxes or outdoor lights shall be considered and, if
acceptable, approved in accordance with the submission provisions of Article 5. Any
approved signs, mailboxes and outdoor lighting must be in keeping with the character of
the Property and in accord with guidelines established by the Covenants Committee. The
Board of Directors has the authority to prohibit all signs in its discretion.
6.8 Vehicles. No commercial truck, commercial bus, taxicabs or other
commercial vehicle of any kind, boats, trailers, campers, recreational vehicles and motor
homes shall be parked in any visible location on the Property except for vehicles owned by
the Association. Commercial vehicles shall be deemed to include cars and vans in styles
normally used for private purposes but painted with or carrying commercial advertising,
logos, or business names or containing visible commercial materials. No disabled vehicle
or vehicle on which current registration plates are not displayed shall be parked on any Lot
or on Common Area. The repair or extraordinary maintenance of vehicles shall not be
carried out on any Lot or on the Common Areas. Golf carts are a permitted form of
transportation within the Common Area. Golf carts may only be powered by electric
engines and with the exception of any paved walking/biking trails on the Property, are only
authorized to drive on paved surfaces. When driven on the roadway a golf cart is
considered a vehicle and is required to obey all traffic regulations including stop signs.
Anyone operating a golf cart must have a valid driver's license. All carts operated on the
property must be registered with the Association and are required to be insured. The
Association may enforce the provisions of this Section 6.8 by towing any non -complying
vehicle.
6.9 Animals. No livestock, poultry or other animals shall be kept or bred on
any Lot, and in no event shall any stable, hatch, barn, coop or other housing or shelter for
animals or for the storage of materials be placed or maintained upon any Lot, except as
approved in writing in accordance with Article 5. Notwithstanding anything to the contrary
herein contained, except to the extent prohibited or restricted by the Owner of any Lot for
Shenandoah HOA Declaration Page 18
cr)
such Lot, dogs, cats and other household pets may be kept on the Property provided that
such household pets are subject to Frederick County regulations and the rules and
regulations established by the Board of Directors and further provided that said pets are
not raised or bred for any commercial purposes.
6.10 Garages. No garage shall be utilized for other than the purpose of
parking and storage of vehicles and other types of items normally stored in garages in
first-class residential neighborhoods. No garage may be converted into or used for living
space.
6.11 Air and Water Pollution. No use of any Lot will be permitted which
emits pollutants into the atmosphere, or discharges liquid or solid wastes or other harmful
matter into any waterway in excess of environmental standards applicable thereto to be
established and approved by the Board of Directors which standards shall at a minimum
meet the requirements of Federal and State law and any regulations thereunder applicable
to the Property. No waste or any substance or materials of any kind shall be discharged
into any private or public sewer serving the Property, or any part thereof, in violation of any
regulations of Frederick County, Warren County or Clarke County or any private or public
body having jurisdiction. No person shall dump garbage, trash or other refuse into any
waterway on the Property.
6.12 Leases. No Owner of a Lot or Dwelling Unit shall lease to another any
such Lot or part thereof or any such Dwelling Unit unless such lease shall be in writing for
an initial term of not less than six (6) months and shall expressly provide that the terms of
such lease shall be subject in all respects to the provisions of this Declaration, including
but not limited to the Fair Housing Act requirements contained in Article 15 of this
Declaration, and the Articles of Incorporation, Bylaws and rules and regulations of the
Association, and that any failure by the lessee to comply with the terms of such documents
shall be a default under such lease. Copies of all leases shall be given to the Association
no later than the commencement of the lease term.
6.13 Landscapin_g. The land area not occupied by Structures,
hard -surfacing, vehicular driveways or pedestrian paths, shall be kept planted with grass,
trees or shrubs or other ground covering or landscaping in conformance with the standards
set by the Covenants Committee and approved by the Board of Directors. Such standards
will take into consideration the need for providing effective site development to:
(a) enhance the site and building,
(b) screen undesirable areas or views,
(c) establish acceptable relationships between buildings, parking and
adjacent properties, and
(d) control drainage and erosion.
Shenandoah HOA Declaration Page 19
Q
O
v
As required by the Covenants Committee, existing trees shall be retained,
buffer areas maintained and the natural contour of the land respected as much as
reasonably possible. Notwithstanding the foregoing, any clearing, grading, landscaping or
other development work approved by the appropriate authorities of Frederick County,
Virginia for Developer or for any Participating Builder shall not be subject to the review of
the Covenants Committee or approval of the Board of Directors.
6.14 Maintenance of Premises and Improvements. Each Owner or
Resident shall at all times keep his premises, buildings, improvements and appurtenances
in a safe, clean, neat and sanitary condition. Appropriate maintenance shall include, but
not be limited to, the seeding, weeding, 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 with the exception of those Lots on which the Association
may provide maintenance of landscaping. All Owners of Lots on which storm water
management or storm drainage easements exist must keep such area free of debris so as
not to impede drainage. The Owner or Resident shall comply with all laws, ordinances and
regulations pertaining to health, safety and pollution, and shall provide for storage and
removal of trash and rubbish from his premises.
6.15 Enforcement of Maintenance. The Board, the Covenants Committee,
or their agents, during normal business hours, shall have the right (after 10 days' notice to
the Owner or Resident of any Lot involved, setting forth the maintenance action to be
taken, and if at the end of such time reasonable steps to accomplish such action have not
been taken by the Owner or Resident) to do any and all maintenance work reasonably
necessary in the written opinion of the Board or Covenants Committee, to keep such Lot,
whether unimproved, improved or vacant, in neat and good order, such cost and expense
to be paid to the Association upon demand, and if not paid within thirty (30) days thereof,
then to become a lien upon the Lot affected. The Board or Covenants Committee, or their
agents, shall further have the right (upon like notice and conditions) to cause to have
trimmed or pruned, at the expense of the Owner or Resident, any hedge, tree or any other
planting that, in the written opinion of the Board or Covenants Committee, by reasons of its
location on the Lot, or the height to or the manner in which it is permitted to grow, is
detrimental to the adjoining Lots or contrary to the rules and regulations of the Covenants
Committee. The lien provided under this Section shall not be valid against a bona fide
purchaser (or bona fide mortgagee) of the Lot in question unless a lien or a suit to enforce
such lien shall have been filed in the appropriate records of Frederick County, Virginia
prior to the recordation among the records of Frederick County, Virginia of the deed (or
mortgage or deed of trust) conveying the Lot in question to such purchaser (or subjecting
the same to such mortgage or deed of trust).
6.16 Maintenance During Construction. During construction it shall be the
responsibility of each Owner to insure that construction sites are kept free of unsightly
accumulation of rubbish and scrap materials, and that construction materials, trailers,
Shenandoah HOA Declaration Page 20
I
shacks and the like are kept in a neat and orderly manner. No burning of any trash and no
accumulation or storage of litter or trash of any kind shall be permitted on any Lot.
6.17 Miscellaneous. Without prior review of the Covenants Committee and
approval by the Board of Directors:
(a) no water pipe, gas pipe, sewer pipe, or drainage pipe, or industrial
process pipe, except hoses and movable piping used for irrigation purposes, shall be
installed or maintained on any Lot above the surface of the ground;
(b) no previously approved Structure shall be used for any purpose
other than that for which it was originally designed;
(c) except for condominium subdivision, no Lot shall be split, divided,
or subdivided for sale, resale, gift, transfer or otherwise, unless by deed of subdivision in
accordance with the applicable Frederick County requirements;
(d) no facility, including but not limited to, poles, wires and conduits for
transmission of electricity, telephone messages and the like shall be placed and
maintained above the surface of the ground on any Lot and no external or outside
antennas or satellite dishes of any kind no matter how disguised shall be maintained,
subject, however, to all applicable Federal and local laws and regulations, which may
permit satellite dishes, as may be set forth and limited in such laws or regulations.
(e) no Lot or portion thereof shall be used for any mining, boring,
quarrying, drilling, removal of, or any other exploitation of subsurface natural resources,
which would tend to conflict with the surface development in accordance with Federal,
State or Local laws or regulations.
6.18 Developer Exemption. The foregoing provisions of Article 6 shall not
be applicable to the Developer and Participating Builders.
ARTICLE 7
Annexations
7.1 Additions by the Developer. The Developer hereby reserves the right
(but not the obligation) at any time within the Development Period to submit, by recordation
of a supplemental declaration, or by reference in any deed of conveyance, any additional
land which lies within the land area represented in the Master Development Plan, or such
property in the vicinity thereto, including property located in Clarke County or Warren
County. Action under this Section shall not require the approval of the Class A Members
Shenandoah HOA Declaration Page 21
f "O
C3
or their Mortgagees. Any such supplemental declaration may impose all, or only a portioW,
of the covenants, conditions and restrictions set forth in this Declaration, and may impose
additional covenants, conditions and restrictions which are not set forth herein.
7.2 Additions by the Members. After the expiration of this Development
Period additional lands described in Section 7.1 may be subjected, annexed or submitted
to this Declaration with the written consent of 66 2/3% of the Class A Members, by the
recordation of a supplemental declaration, to be signed by the owner of the property being
subjected, and by an officer of the Association, certifying that the members have approved
the annexation in conformance with this section. The supplemental declaration may be in
such format as contemplated by Section 7.1 above.
7.3 Withdrawable Real Estate. During the Development Period, the
Developer has the unilateral right, without the consent of the Association, any Owner or
Mortgagee, or any other party, to execute and record an amendment to the Declaration
withdrawing any portion of the Property from the operation of this Declaration. If the
Developer does not own such land, then the Owner of such land being withdrawn must
also join in the execution of the amendment.
ARTICLE 8
Easements
8.1 Development Easements.
(a) General Easement. The Developer reserves to itself, its
successors and assigns and its designees a non-exclusive (except as provided below)
blanket easement over and through the Property, for all purposes reasonably related to the
development and completion of the improvements on the Property, including, without
limitation: (i) temporary slope and construction easements; (ii) drainage, erosion control
and storm and sanitary sewer easements (including the right to cut or remove trees,
bushes or shrubbery, to regrade the soil and to take any similar actions reasonably
necessary; provided, however, that thereafter the Developer shall restore the affected area
as near as practicable to its original condition); (iii) easements for the storage (in a sightly
manner) of reasonable supplies of building materials and equipment necessary to
complete the improvements; (iv) easements for the construction, installation and upkeep of
improvements (e.g., buildings, landscaping, street lights, signage, roads, trails etc.) on the
Property or reasonably necessary to serve the Property; and (v) easements for ingress and
egress as necessary to accomplish the foregoing purposes.
Shenandoah HOA Declaration Page 22
a
(b) Easement to Facilitate Sales. The Developer hereby reserveWo
itself, its successors and assigns and its designees the right to: (i) use any Lots owneZr
leased by the Developer, any other Lot with the written consent of the Owner theredror
any portion of the Common Area (including any buildings thereon) as models,
management offices, sales offices, a visitors' center, construction offices, customer service
offices or sales office parking areas (provided, however, that the Developer or its
designee, as appropriate, shall remain responsible for the upkeep of that portion of the
Common Area used for the foregoing purposes); (ii) place and maintain in any location on
the Common Area and on any Lot (for a distance of fifteen feet behind any Lot line which
parallels a public or private street), street and directional signs, temporary promotional
signs, plantings, street lights, entrance features, lighting, stone, wood or masonry walls or
fences and other related signs and landscaping features; provided, however, that all signs
shall comply with applicable governmental regulations and the Developer shall obtain the
consent of the Owner of any affected Lot or of the Board of Directors if the Owner does not
consent at the time the sign is erected; and (iii) relocate (in a permissible location) or
remove all or any of the above from time to time at the Developer's sole discretion. The
Association is hereby granted an easement to perform upkeep of any permanent structure
or landscaping installed pursuant to (ii) above. These rights shall continue until all Lots
have been conveyed to Owners other than the Developer or a Participating Builder.
(c) Utility Easements. The Developer hereby creates, and there is
hereby reserved to the Developer, its successors and assigns and its designees, a blanket
easement upon, across, over, and under all of the Property, to create perpetual
easements, rights and privileges of ingress and egress to install, maintain, repair, replace
and remove poles, wires, cables, conduits, pipes, mains, wells, pumping stations, siltation
basins, tanks, meters and other facilities, systems and equipment for the conveyance and
use of electricity, telephone service, sanitary and storm sewer, water, gas, cable television,
drainage and other public or private conveniences, telecommunication systems or utilities,
upon, in or over those portions of the Property, including Common Area, as the Developer
may consider to be reasonably necessary (the "Utility Easements") for the development of
the Property. The Utility Easements shall include the right of access to such facilities and
the right to cut trees, bushes or shrubbery and such other rights as Developer or its
designees may reasonably require. The utility lines installed pursuant to the Utility
Easements must be installed below ground unless approved by Developer and except as
otherwise provided in this Declaration; provided, however, that no utility line shall run
beneath a dwelling other than the utility lines serving such dwelling. Developer shall have
the right to convey Utility Easements to other Owners, to governmental authorities or utility
companies, to the Association and to any other party or parties. This reservation of Utility
Easements is subject to easements granted in any deeds of subdivision.
(d) Specific Development Easement Areas. The Developer hereby
reserves to itself, its successors and assigns and its designees the right to grant and
reserve easements, rights -of -way and licenses over and through the Common Area, any
land conveyed to a Participating Builder, or over and through any Lot within ten feet of any
Shenandoah HOA Declaration Page 23
(=Y—
NO
boundary line for the installation and upkeep of the equipment for providing to any portion
of the Property or any other adjacent land, any utilities, including, without limitation, water,
sewer, drainage, gas, electricity, telephone, television, telecommunications or other similar
services, whether public or private, or for any other purpose necessary or desirable forthe
orderly development of the Property.
(e) Dedications and Easements required by Governmental Authority.
The Developer hereby reserves to itself, its successors and its assigns, the right to make
any dedications and to grant any easements, rights -of -way and licenses required by any
government or governmental agency over and through all or any portion of the Common
Area. The Developer also hereby reserves to itself and its successors and assigns an
easement and a right to grant and reserve easements orto vacate orterminate easements
across all Lots and Common Area as may be required by any governmental agency or
authority or utility company in connection with the release of bonds or the acceptance of
streets for public maintenance with respect to the Property.
(f) Drainage and Erosion Control. Developer reserves a perpetual
easement, right and privilege to enter upon any Lot or Common Area, and the Association
is granted a perpetual easement, right and privilege to enter upon any Lot, either before or
after a structure has been constructed thereon or during such construction, forthe purpose
of taking such drainage and erosion control measures as Developer or the Association
deems necessary to prevent or correct waterflow and soil erosion or siltation; provided,
however, that Developer or the Association shall not exercise such right unless it has
given the Owner of the Lot or the Association (as to the Common Area) at least ten (10)
days prior notice thereof and the Owner or the Association, as the case may be, has failed
to take appropriate action to correct or prevent the erosion or siltation problem (the notice
provision shall not be required in the case of emergency situations). The cost incurred by
the Association in undertaking such drainage and erosion control measures on any Lot
shall, if reasonably attributable to a Lot Owner, become an individual assessment upon the
Lot and shall constitute a lien against the Lot and shall be collectible in the manner
provided herein for the payment of Assessments. This Section shall not apply to Lots
owned by Developer.
(g) Storm Water Management Easement. The Developer hereby
reserves to itself and its successors and assigns an easement and the right to grant and
reserve easements over and through the Property for the construction and upkeep of storm
water management facilities.
(h) Specific Easements. The Developer hereby reserves to itself and
its designees, and hereby grants to the Association, easements over and through all or
any portions of the Property (excluding any areas occupied by a home, a structure or any
other similar improvements) for the following purposes:
Shenandoah HOA Declaration Page 24
0
ry
tV
(i) Planting, replanting, maintaining, protecting, enhancing and
otherwise controlling (including all landscaping) the Common Area. The Developer or the
Association, as appropriate, shall be solely responsible for selecting and maintaining all
landscaping in the Common Area.
(ii) Landscaping portions of the Property that are not the Common
Area (such as Lots), with the Association having the right (but not the obligation) to
maintain landscaping on Lots.
(iii) Locating, relocating, constructing, maintaining, protecting,
enhancing and otherwise controlling all walkways or pathways located within the Property.
(iv) Locating, relocating, constructing, maintaining, protecting and
otherwise controlling all electrical, oil, gas, solar, television, telephone, microwave, cable,
telecommunication systems, sanitary and storm sewer, storm water management and
public water facilities (including pipes, conduits, lines, wires, transformers, manholes,
inlets and other appurtenances), but only where such facilities serve Lots other than the
Lot on which the specific facilities in question are located and only to the extent permitted
herein.
(v) Locating, relocating, constructing, maintaining, protecting and
otherwise controlling all project signage located on the Common Area or any other portion
of the Property and controlling signage installed by Owners for other purposes. The
Association shall have the right to exercise control over all signage.
(vi) Controlling and regulating the use and enjoyment of all open
spaces and facilities located in the Common Area.
(vii) Complying with the requirements of the Proffers.
(i) Further Assurances. Any and all conveyances made by the
Developer to the Association or any Owner shall be conclusively deemed to incorporate
these reservations of rights and easements, whether or not set forth in such grants. Upon
written request of the Developer, the Association and each Owner shall from time to time
sign, acknowledge and deliver to the Developer such further assurances of these
reservations of rights and easements as may be requested. If a designee requests
recordation of a separate document evidencing such easement rights that are consistent
with this Declaration, then the Developer or the Association, as applicable, may sign and
record such an easement instrument, without the consent, approval or joinder of any
Owner or Mortgagee.
8.2 Duration and Assignment of Rights. The Developer may assign its
rights, in part or in whole, under this Article VIII to, or share such rights with, one or more
other persons or entities, exclusively, simultaneously or consecutively. The Developer
shall notify the Association of any such assignment or designation by the Developer. The
Shenandoah HOA Declaration Page 25
ro
tO
w
rights and easements reserved by or granted to the Developer pursuant to this Section
shall continue until the end of the Development Period, unless specifically stated
otherwise.
8.3 Association Power to Make Dedications and Grant Easements. The
Developer, on behalf of itself and its successors and assigns, hereby also grants to the
Association the rights, powers and easements reserved to the Developer above. These
rights, powers and easements may be exercised by the Association; provided, however,
that the limitations on duration applicable to the Developer shall not apply to the
Association. However, the Association shall not exercise any such easement rights to the
detriment of Developer's rights reserved hereunder. If the Developer or any Owner
requests the Association to exercise its powers under this Section, the Association's
cooperation shall not be unreasonably withheld, conditioned or delayed.
8.4 Easement for Upkeep.
(a) Association Access. The Developer hereby grants the right of
access over and through any portion of the Property (excluding any areas occupied by a
home, a structure or any other similar improvement) to the Association, the managing
agent and any other Persons authorized by the Board of Directors in the exercise and
discharge of their respective powers and responsibilities, including without limitation to
make inspections, correct any condition originating in a Lot or in the Common Area
threatening another Lot or the Common Area, correct drainage, perform installations or
upkeep of utilities, landscaping or other improvements located on the Property for which
the Association is responsible. The agents of the Association may also enter any portion of
the Property (excluding any dwelling) in order to utilize or provide for the upkeep of the
areas subject to easements granted in this Article to the Association. Each Owner shall be
liable to the Association for the cost of all upkeep performed by the Association and
rendered necessary by any act, neglect, carelessness or failure to comply with this
Declaration for which such Owner is responsible, and the costs incurred by the Association
shall be assessed against such Owner's Lot.
(b) Developer Access. Until the expiration of the Development Period,
the Developer hereby reserves to itself and its successors and assigns a right of access
over and through any portion of the Property not within an improvement to perform
warranty -related work within the Common Area or the Lots. The Developer may assign its
rights under this Subsection to, or share such rights with, one or more other persons or
entities, exclusively, simultaneously or consecutively.
Shenandoah HOA Declaration Page 26
0
8.5 Limitations on Exercise of Rights and Easements.
(a) These easements are subject to all other easements and
encumbrances of record (including those created by this Declaration).
(b) The Developer, the Association or any Owner, as appropriate,
when exercising the rights and easements granted by this Article, shall: (i) give reasonable
prior notice to all affected Owners; provided however, that such notice is not required for
routine inspections, or for emergency situations; (ii) minimize any economic or aesthetic
injury to the affected Lots or the Common Area; and (iii) not unreasonably interfere with the
affected Owners' use, enjoyment and benefit from such Owners' Lots or the Common Area.
Further, notwithstanding the easement rights established by Sections 8.1 and 8.2, neither
the Developer nor the Association shall exercise any such rights within the interior of a
dwelling on a Lot without the prior written consent of the Owner, which consent shall not be
unreasonably withheld, conditioned or delayed.
(c) If an easement is relocated, the cost of such relocation shall be
paid by the party requesting the relocation.
(d) Any damage to property resulting from the exercise of the aforesaid
rights and easements shall be promptly repaired and the site restored to its original
condition to the extent practicable by the Developer or the Association, as appropriate, or
at the option of the Developer or the Association, the party responsible for such damage.
In either case, the cost of such repair and restoration shall be paid for by the party
responsible for the damage.
(e) Nothing within this Article shall authorize the installation or
maintenance of any equipment or facility, public or private, on any portion of the Property
unless prior approval has been obtained from the Developer during the Development
Period, which approval may be withheld in the Developer's sole discretion.
8.6 Crossover Easement. If the Owner (including the Developer or any
Participating Builder) of any Lot must, in order to make responsible repairs or
improvements to a building on his Lot, enter or cross any area owned or to be owned by
the Association, or a Lot of another Owner, such Owner shall have an easement to do so,
provided that said Owner shall use the most direct, feasible route in entering and crossing
over such an area and shall restore the surface so entered or crossed to its original
condition, at the expense of said Owner, and further provided that such easement shall not
exist on the land of any other Lot Owner if the purpose for the entrance or crossing is one
requiring approval of the Board of Directors, unless such approval has been given.
8.7 Easement and Right of Law Enforcement Officials, Etc. An easement
and right of entry through and upon the Property is hereby granted to law enforcement
officers, rescue squad personnel, fire fighting, animal wardens, and other emergency
Shenandoah HOA Declaration Page 27
personnel of Frederick, Warren and Clarke Counties, and to vehicles operated by said
personnel and other agencies while in the pursuit of their duties. Said emergency
personnel shall also have the right of enforcement of cleared emergency vehicle access on
the roadways and driveways on the Property.
8.8 Encroachment Easement. Each Lot within the Property is hereby
declared to have an easement, not exceeding two feet in width, over all adjoining Lots for
the purpose of accommodating any encroachment due to engineering errors, errors in
original construction, settlement or shifting of the building, roof overhangs, gutters,
architectural or other appendages, draining or rain water from roofs, or any other similar
cause. There shall be valid easements for the maintenance of said encroachments so long
as they shall exist, and the rights and obligations of Owners shall not be altered in anyway
by said encroachment, settlement or shifting; provided, however, that in no event shall a
valid easement for encroachment occur due to the willful misconduct of said Owner or
Owners. In the event a structure or any Lot is partially or totally destroyed and then
repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining
Lots shall be permitted and that there shall be valid easements for the maintenance of said
encroachments so long as they shall exist.
ARTICLE 9
Party Walls
The rights and duties of the Owners of Lots with respect to 'party walls shall be
governed by the following:
9.1 General Rules of Law to Apply. Each wall which is constructed as a
part of the original construction on the Property and any part of which is placed on the
dividing line between separate Lots, shall constitute a party wall, and with respect to such
wall, each of the adjoining Owners shall assume the burdens and be subject to an
easement for that portion of a party wall on his Lot, and be entitled to the benefits of these
restrictive covenants and, to the extent not inconsistent herewith, the general rules of law
regarding party walls and of liability for property damage due to negligence or willful acts
or omissions, shall apply thereto.
9.2 'Sharing of Repair and Maintenance and Destruction by Fire or
Other Casualty. If any such party wall is damaged or destroyed by fire or other casualty
or by some cause other than the act of one of the adjoining Owners, his agents, or family
(including ordinary wear and tear and deterioration from lapse of time) then, in such event,
both such adjoining Owners shall proceed forthwith to rebuild or repair the same to as
good condition as formerly, in proportion to their respective use of the party wall.
Shenandoah HOA Declaration Page 28
Cn
9.3 Repairs Necessitated by Act of One Owner. If any such party wall is
damaged or destroyed through the act of one adjoining Owner or any of his agents or
guests or members of his family (whether or not such act is negligent or otherwise
culpable) so as to deprive the other adjoining Owner of the full use and enjoyment of such
wall, then the first of such Owners shall forthwith proceed to rebuild and repair the same to
as good condition as formerly, without cost to the adjoining Owner.
9.4 OtherChanges. In addition to meeting the other requirements of these
restrictive covenants, and of any building code or similar regulations or ordinances, any
Owner proposing to modify, make additions to or rebuild his residence in any manner
which requires the extension or other alteration of any party wall shall first obtain the
written consent of the adjoining Owner.
9.5 Right to Contribution Runs With Land. The right of any Owner to
contribution from any other Owner under this Article 9 shall be appurtenant to the land and
shall pass to such Owner's successors in title.
9.6 Dispute. In the event of a dispute between Owners with respect to the
repair or rebuilding of a party wall or with respect to the sharing of the cost thereof, then,
upon written request of one of such Owners addressed to the Association, the matter shall
be submitted to its Board of Directors, who shall decide the dispute, and the decision of
such Board of Directors shall be final and conclusive upon the parties. In the event the
affected owners are subject to a Subassociation, the Board of Directors may delegate its
duties and authority with respect to this Article to such Subassociation.
9.7 Condominium Exempt. The provisions of this Article 9 shall not apply
to any condominium or condominium units on the Property which are created in
accordance with the Virginia Condominium Act.
ARTICLE 10
Mortgages
10.1 Notices to Mort_ga_gees, etc. Provided that such First Mortgagee has
notified Association in writing of the existence of its mortgage, the Association shall
promptly notify the First Mortgagee on any Lot for which any assessment levied pursuant
to the Declaration, or any installment thereof, becomes delinquent for a period in excess of
thirty (30) days and the Association shall promptly notify the First Mortgagee on any Lot
with respect to which any default in any other provision of this Declaration remains
uncured for a period in excess of thirty (30) days following the date of such default. Any
failure to give any such notice shall not affect the validity or priority of any first mortgage
on any Lot and the protection extended in this Declaration to the holder of any such
Shenandoah HOA Declaration Page 29
0
mortgage shall not be altered, modified or diminished by reason of such failure. Failure to
give notice shall not affect the validity of the assessment.
10.2 Casualty Losses. In the event of substantial damage or destruction to
any of the Community Facilities, the Board of Directors of the Association shall give prompt
written notice of such damage or destruction to the First Mortgagees of record on the Lots.
No provision of this Declaration or the Articles of Incorporation or the Bylaws of the
Association shall entitle any Member to any priority over the First Mortgagee of record on
his Lot with respect to the distribution to such Member of any insurance proceeds paid or
payable on account of any damage or destruction of any of the Community Facilities.
10.3 Condemnation or Eminent Domain. In the event any part of the
Community Facilities is made the subject matter of any condemnation or eminent domain
proceeding, or is otherwise sought to be acquired by any condemning authority, then the
Board of Directors of the Association shall give prompt written notice of any such
proceeding or proposed acquisition to the First Mortgagees of record on the Lots. No
provision of this Declaration or the Articles of Incorporation or the Bylaws of the
Association shall entitle any member to any priority over the First Mortgagee of record on
his Lot with respect to the distribution to such member of the proceeds of any condem-
nation or settlement relating to a taking of any of the Community Facilities.
10.4 Presumptive Approval. Notwithstanding the foregoing, all notices and
rights of Mortgagees shall pertain only to those Mortgagees who are listed with the
Association. Each Owner must notify the Association of his Mortgagee's name and
address. If any notice is given or consent requested pursuant to this Article 10 and the
Mortgagee does not respond within thirty (30) days of such notice, then such Mortgagee
shall be deemed to have approved such notice or requested consent.
ARTICLE 11
Insurance and Casualty Losses
11.1 insurance. The Association's Board of Directors or its duly authorized
agent shall have the authority to and shall obtain insurance for all insurable improvements
on the Community Facilities and may, by written agreement with any Subassociation,
assume the insurance responsibility for the Property held by or the responsibility of such
Subassociation against loss or damage by fire or other hazards, including extended
coverage, vandalism and malicious mischief. This insurance shall be in an amount
sufficient to cover the full replacement cost of any repair or reconstruction in the event of
damage or destruction from any such hazard. The Board shall also obtain a public liability
policy covering the Community Facilities, the Association and its Members for all damage
Shenandoah HOA Declaration Page 30
N
co
or injury caused by the negligence of the Association or any of its Members or agents, and
if reasonably available, directors' and officers' liability insurance, and fidelity bond
coverage in reasonable amounts. The public liability policy shall be in such reasonable
amounts, and for customary and standard coverages. Premiums for all insurance on the
Community Facilities shall be common expenses of the Association; premiums for
insurance provided to other associations shall be charged to those associations. The
policy may contain a reasonable deductible, and the amount thereof shall be added to the
face amount of the policy in determining whether the insurance at least equals the full
replacement cost.
Cost of insurance coverage obtained for the Community Facilities shall be
included in the Annual General Assessment.
All such insurance coverage obtained by the Board of Directors may be
written in the name of the Association as Trustee for the respective benefitted parties, as
further identified in (b) below. Such insurance shall be governed by the provisions
hereinafter set forth:
(a) All policies shall be written with a reliable company licensed to do
business in Virginia and holding a reasonably high rating in the current edition of Best's
Insurance Guide.
(b) All policies on the Community Facilities shall be for the benefit of
the Owners and their mortgagees as their interests may appear.
(c) Exclusive authority to adjust losses under policies in force on the
Community Facilities obtained by the Association shall be vested in the Association's
Board of Directors; provided, however, that no mortgagee having an interest in such losses
may be prohibited from participating in the settlement negotiations, if any, related thereto.
(d) In no event shall the insurance coverage obtained and maintained
by the Association's Board of Directors hereunder be brought into contribution with
insurance purchased by individual Owners, occupants, or their mortgagees and the
insurance carried by the Association shall be primary.
(e) All casualty insurance policies shall have an agreed amount
endorsement with an annual review by one or more qualified persons, at least one of
whom must be in the real estate industry and familiar with construction in the geographical
area where the Property is located.
(f) The Association's Board of Directors shall be required to make
every reasonable effort to secure insurance policies that will provide for the following:
Shenandoah HOA Declaration Page 31
0
r
(i) A waiver of subrogation by the insurer as to any claims against
the Association's Board of Directors, its Manager, the Owners and their respective tenants,
servants, agents and guests;
(ii) A waiver by the insurer of its rights to repair, and reconstruct
instead of paying cash;
(iii) That no policy may be canceled, invalidated or suspended on
account of any one or more individual Owners;
(iv) That no policy may be canceled, invalidated or suspended on
account of the conduct of any director, officer or employee of the Association or its duly
authorized Manager without prior demand in writing delivered to the Association to cure
the defect and the allowance of a reasonable time thereafter within which the defect may
be cured by the Association, its Manager, any Owner or mortgagee;
(v) That any "other insurance" clause in any policy exclude
individual Owners' policies from consideration.
11.2 No Partition. Except as is permitted in the Declaration, there shall be
no physical partition of the Community Facilities or any part thereof, nor shall any person
acquiring any interest in the Property or any part thereof seek any such judicial partition
until the happening of the conditions set forth in Section 11.4 of this Article in the case of
damage or destruction, or unless the Property has been removed from the provisions of
this Declaration. This Section shall not be construed to prohibit the Board of Directors from
acquiring and disposing of tangible personal property nor from acquiring title to real
property which may or may not be subject to this Declaration.
11.3 Disbursement of Proceeds. Proceeds of insurance policies shall be
disbursed as follows:
(a) If the damage or destruction for which the proceeds are paid is to
be repaired or reconstructed, the proceeds, or such portion thereof as may be required for
such purpose, shall be disbursed in payment of such repairs or reconstruction as
hereinafter provided. Any proceeds remaining after defraying such costs of repairs or
reconstruction to the Community Facilities or, in the event no repair or reconstruction is
made, after making such settlement as is necessary and appropriate with the affected
Owner or Owners, if any Dwelling Unit is involved and their mortgagee(s) as their interests
may appear, shall be retained by and for the benefit of the Association. This is a covenant
for the benefit of any mortgagee of a Dwelling Unit and may be enforced by such
mortgagee.
(b) If it is determined as provided for in Section 11.4 of this Article that
the damage or destruction to the Community Facilities for which the proceeds are paid
Shenandoah HOA Declaration Page 32
0
N
N
C
shall not be repaired or reconstructed, such proceeds shall be disbursed in the manner as
provided for excess proceeds in Section 11.3(a) hereof.
11.4 Damage and Destruction.
(a) Immediately after the damage or destruction by fire or other
casualty to all or any part of the Property covered by insurance written in the name of the
Association, the Board of Directors or its duly authorized agent shall proceed with the filing
and adjustment of all claims arising under such insurance and obtain reliable and detailed
estimates of the cost of repair or reconstruction of the damaged or destroyed property.
Repair or reconstruction as used in this paragraph means repairing or restoring the
property to substantially the same condition in which it existed prior to the fire or other
casualty.
(b) Any damage or destruction to the Community Facilities shall be
repaired or reconstructed unless at least seventy-five percent (75%) of the total votes in
existence at such time shall decide within sixty (60) days after the casualty not to repair or
reconstruct. If for any reason either the amount of the insurance proceeds to be paid as a
result of such damage or destruction, or reliable and detailed estimates of the cost, repair
or reconstruction, or both, are not made available to the Association within said period,
then the period shall be extended until such information shall be made available; provided,
however, that such extension shall not exceed sixty (60) days. No mortgagee shall have
the right to participate in the determination of whether the Community Facilities damage or
destruction shall be repaired or reconstructed.
(c) In the event that it should be determined by the Association in the
manner described above that the damage or destruction of the Community Facilities shall
not be repaired or reconstructed and no alternative improvements are authorized, then and
in that event the Property shall be restored to its natural state and maintained as an
undeveloped portion of the Community Facilities by the Association in a neat and attractive
condition.
11.5 Repair and Reconstruction. If the damage or destruction for which the
insurance proceeds are paid is to be repaired or reconstructed, and such proceeds are not
sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a
vote of the Association's Members, levy a special assessment against all Owners.
Additional assessments may be made in like manner at any time during or following the
completion of any repair or reconstruction. If the funds available from insurance exceed the
cost of repair, such excess shall be deposited to the benefit of the Association.
Shenandoah HOA Declaration Page 33
ARTICLE 12 a
tv
Condemnation NO
12.1 Common Area Condemnation. Whenever all or any part of the
Community Facilities shall be taken (or conveyed in lieu of and under threat of
condemnation by the Board acting on its behalf or on the written direction of all Owners
subject to the taking, if any,) by any authority having the power of condemnation or
eminent domain, each Owner shall be entitled to notice thereof and to participate in the
proceedings incident thereto unless otherwise prohibited by law. The award made for such
taking shall be payable to the Association as Trustee for all Owners to be disbursed as
follows:
If the taking involves a portion of the Community Facilities on which
improvements have been constructed, then, unless within sixty (60) days after such taking
the Developer and at least seventy-five percent (75%) of the Class A Members of the
Association shall otherwise agree, the Association shall restore or replace such
improvements so taken on the remaining land included in the Community Facilities to the
extent lands are available therefore, in accordance with plans approved by the Board of
Directors of the Association. If such improvements are to be repaired or restored, the
above provisions in Article 11 hereof regarding the disbursement of funds in respect to
casualty damage or destruction which is to be repaired shall apply. If the taking does not
involve any improvements on the Community Facilities, or if there is a decision made not to
repair or restore, or if there are net funds remaining after any such restoration or
replacement is completed, then such award or net funds shall be disbursed to the
Association and used for such purposes as the Board of Directors of the Association shall
determine.
ARTICLE 13
Common Driveways
13.1 Definition and Restrictions.
(a) "Common Driveways" are access ways shown on the subdivision
plats for the Property, and described within the subdivision deeds, which are to be used for
the purpose of ingress and egress to certain Lots.
Shenandoah HOA Declaration Page 34
C?
N
N
tV
(b) No act shall be performed by any Owner, their tenants, guests or
agents which would in any manner affect or jeopardize the free and continuous use and
enjoyment of any other authorized Owner in and to the Common Driveway of a Lot.
(c) There shall be no parking within Common Driveways at anytime
except for delivery and/or emergency vehicles, unless the Board of Directors by resolution,
determines otherwise upon petition of an Owner of an affected Lot.
13.2 Maintenance, Damage or Destruction. The Owner(s) benefiting from
Common Driveways shall be responsible for maintenance, repair and replacement of the
Common Driveways (unless the deed creating the right of access provides otherwise).
The Board of Directors shall have the right, but not the obligation, to provide maintenance
to the Common Driveways, and to assess the benefiting Owners for such costs as a
Services Assessment. In the event that any Common Driveway is damaged or destroyed
through the act of an Owner or any of his agents or guests or members of his family
(whether or not such act is negligent or otherwise culpable) it shall be the obligation of
such Owner to repair and/or replace the Common Driveway.
ARTICLE 14
General Provisions
14.1 Duration. The covenants and restrictions of this Declaration shall run
with and bind the land for a term of twenty (20) years from the date this Declaration is
recorded, after which time they shall be automatically extended for successive periods of
twenty (20) years unless amended or terminated as provided in this Article.
14.2 Amendment.
(a) Subject to the other limitations set forth in this Declaration, this
Declaration may be amended by an instrument approved by not less than sixty-seven
percent (67%) of the votes in existence at the time of such amendment. The amendment
instrument shall be recorded among the land records of Frederick County. Unless a later
date is specified in any such instrument, any amendment to this Declaration shall become
effective on the date of recording.
(b) Notwithstanding anything to the contrary herein contained, the
Developer reserves the right, during the Development Period, to amend this Declaration
without the consent of any Owners, Residents, Mortgagees or any other Persons claiming
an interest in the Property or the Association.
Shenandoah HOA Declaration Page 35
n3
(c) Without the express prior written consent of Developer, no
amendments shall be made to the Declaration and no rules and regulations shall be
adopted by the Association which shall modify the assessments or other charges on
Developer, Dwelling Units or Lots or which shall restrict, impair or in Developer's sole
judgment adversely affect Developer's activities on the Common Area, delegation of use of
the Common Area, or marketing and sale of the remaining Dwelling Units or Lots during
the Development Period.
14.3 Enforcement. The Developer, the Association, or any Owner, shall
have the right to enforce, by 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 or by any Owner to enforce any covenants or
restrictions herein contained shall in no event be deemed a waiver of the right to do so
thereafter. The provisions of this Section 14.3 shall be in addition to and not in limitation
of any rights or remedies provided in other Sections of this Declaration.
14.4 Severability. Invalidation of anyone of these covenants or restrictions
by judgment or court order shall in no way affect any other provisions hereof which
provisions shall remain in full force and effect.
14.5 Construction. The Board of Directors shall have the right to construe
the provisions of this Declaration, and, in the absence of an adjudication by a court of
competent jurisdiction to the contrary, such construction shall be final and binding as to all
persons and entities benefitted or bound by the provisions of this Declaration.
14.6 Invalidity. The determination by a court of competent jurisdiction that
any provision of this Declaration is invalid for any reason shall not affect the validity of any
other provision hereof.
14.7 Headings. The headings of the Articles and Sections of this
Declaration are for convenience only and shall not affect the meaning or construction of
the contents of this Declaration.
14.8 Gender. Throughout this Declaration, the masculine gender shall be
deemed to include the feminine and neuter, and the singular, the plural, and vice versa.
14.9 Developer's Reservation. The Lots are subject to certain Proffers
described in Article I above. Owners acknowledge that Developer may, from time to time,
rezone or amend Proffers or development conditions relating to the Property following the
date of recordation of this Declaration. In the event that any rezoning application, proffer
amendment, variance, special exception, use permit or other type of land use application
filed with Frederick County, Virginia shall require the joinder of any Owners, each Owner
by acceptance of the Deed for any Lot irrevocably appoints the Association as its attorney -
in -fact for the purpose of executing any proffer amendments or rezoning applications,
Shenandoah HOA Declaration Page 36
1
0
r%a
Na
variance, special exception or other type of land use applications as may be reasonably
required in connection with the development of the Property.
14.10 Claims Against Developer. In the event that the Association shall file
any suit or proceeding against the Developer, and the Developer shall substantially prevail
in such suit or proceeding, in addition to any other judgment or award granted in favor of
Developer in such suit or proceeding, Association shall be obligated to reimburse
Developer for all fees and costs expended by Developer with respect to such suit or
proceeding including, but not limited to, reasonable attorneys fees, expert witness fee, and
all other costs incurred by Developer with respect to any such suit or proceeding.
14.11 VDGIFA_greement. There is an agreement between the predecessor
owner to Developer, and VDGIF, dated July 19, 2001 (the "Agreement") concerning the
development of the land around Lake Frederick and the use and protection of Lake
Frederick, and which provides that the rights and obligations therein can be delegated to
an association. The Agreement refers to, among other requirements, a 100 foot buffer
around the lake, maintenance of the VDGIF's structures/landscaping on the Property by
the Association, and the necessity for the Association to coordinate any actions relating to
the lake with VDGIF.
14.12 Recordation of Documents. Notwithstanding anything to the contrary
contained herein, this Declaration and any supplemental declaration (or copies thereof)
may also be recorded in Clarke County and Warren County, if properties from said
counties are subjected to this Declaration.
ARTICLE 15
Fair Housing Act Requirements
15.1 Occupancy Restrictions. The Property is intended to provide housing
for occupancy by at least one (1) person fifty-five (55) years of age or older per Dwelling
Unit. The Property shall be operated as an age restricted community in compliance with
all applicable state and federal laws, to the extent required by the Fair Housing Act, 42
U.S.C. Sec. 3601, et seq., and the Virginia Fair Housing Law, Va. Code Ann. §36-96.7, et
seq., as such laws are amended from time to time, including, but not limited to,
amendments to the Fair Housing Act contained within the Housing for Older Persons Act of
1995 (collectively, the "Fair Housing Acts"). Notwithstanding anything to the contrary
contained in this Declaration or elsewhere, the provisions of this Article 15 may be
enforced by the Board of Directors by an action in law or in equity, including, without
limitation, an injunction requiring specific performance hereunder. In accordance with The
Shenandoah HOA Declaration Page 37
N
Na
Fair Housing Acts, the following restrictions on ownership, use and occupancy are hereby to
imposed on the Owners, Dwelling Units and Lots:
(a) At least eighty percent (80%) of the inhabited Dwelling Units on the
Property shall be occupied by at least one Resident who is fifty five (55) years of age or
older. Each Resident shall provide the Association with reasonable evidence of proof of
age. With respect to those Lots occupied by a person who is fifty-five (55) or older, the
following conditions apply:
(i) All other Residents must be at least nineteen (19) years of age,
and must reside with a person who is fifty-five (55) years of age or older.
(ii) Guests of Owners or Residents under the age of nineteen (19)
are permitted for periods of time not to exceed ninety (90) days total for each such guest in
any calendar year.
(iii) If title to any Lot or Dwelling Unit shall become vested in any
person under the age of fifty-five (55) by reason of descent, distribution, foreclosure or
operation of law, the age restriction covenant shall not work a forfeiture or reversion of
title, but rather, such person thus taking title shall not be permitted to reside in such Lot or
Dwelling Unit until he shall have attained the age of fifty-five (55) or otherwise satisfies the
requirements as set forth above. Notwithstanding the foregoing, the surviving spouse of
an Owner may retain ownership and occupancy of the Lot and/or Dwelling Unit without
regard to the age of such surviving spouse, provided the ownership and occupancy of
such surviving spouse does not violate the requirement of the Fair Housing Act that eighty
percent (80%) of the Lots be occupied by a person who is fifty-five (55) or older.
(b) It is the intent of Developer to sell and market the Property as a
qualified age 55-or-over community. However, up to twenty percent (20%) of the inhabited
Dwelling Units on the Property may be conveyed by the Developer and occupied by at
least one Resident who is forty-five (45) years of age or older. All subsequent
conveyances and occupancy of Lots and/or Dwelling Units must comply with the terms of
Section 15.1 (a) above. With regards to the twenty percent (20%) of Dwelling Units which
may be occupied by one Resident who is forty-five (45) years of age or older, the following
conditions apply:
(i) All other Residents must be at least nineteen (19) years of age,
and must reside with a person who is forty-five (45) years of age or older.
(ii) Guests of Owners or Residents under the age of nineteen (19)
are permitted for periods of time not to exceed ninety (90) days total for each such guest in
any calendar year.
(iii) If title to any Lot or Dwelling Unit shall become vested in any
person under the age of forty-five (45) by reason of descent, distribution, foreclosure or
Shenandoah HOA Declaration Page 38
Cy
' tV
N
M
operation of law, the age restriction covenant shall not work a forfeiture or reversion of
title, but rather, such person thus taking title shall not be permitted to reside in such Lot or
Dwelling Unit until he shall have attained the age of forty-five (45) or otherwise satisfies
the requirements as set forth herein. Notwithstanding the foregoing, the surviving spouse
of an Owner may retain ownership and occupancy of the Lot and/or Dwelling Unit without
regard to the age of the surviving spouse, provided the ownership and occupancy of such
surviving spouse does not violate the requirement of the Fair Housing Act that eighty
percent (80%) of the Lots be occupied by a person who is fifty-five (55) or older.
(c) The above described use restrictions shall be enforced by the
Board of Directors and may be amended by the Board of Directors from time to time
(without the necessity for approval of, or a vote by, the Members) in accordance with
applicable local and state regulations governing age restricted housing and the Fair
Housing Act so long as the substantive intent as set forth herein is maintained. For
enforcement of these restrictions, the Board of Directors shall be entitled to any remedies
available at law or in equity, including the right of injunction. The costs of any such
enforcement action (including attorney's fees) shall be deemed as an additional
assessment, recoverable pursuant to the procedures set forth in Article 4
(d) Each Owner or Resident, if requested to do so by the Board of
Directors, shall furnish the Board of Directors with the names and ages of all occupants of
the Dwelling Unit and such affidavits and other documents as the Board of Directors may
request to verify the age of such occupants. The Board of Directors shall be entitled to
compile and gather information in any reasonable manner, including surveys and
certificates to be completed by Owners and Residents. Surveys that gather information on
the ages of unit occupants, and the names of occupants, are deemed reasonable and
useful for obtaining information. Drivers licenses, passport, immigration cards, military
identification cards, birth certificates and any other government document that shows a
date of birth are also considered reasonable and reliable documentation of the age of an
occupant. A signed certification by any member of a household 19 years of age or older
stating that at least one resident of the unit is 45 or 55 years of age or older (as applicable)
can also be considered reliable documentation of the ages of the unit residents. The Board
of Directors may adopt, publish and enforce such policies and procedures and rules and
regulations as are deemed necessary by the Board of Directors in order to demonstrate
intent to maintain the status of the Property as housing for older persons under the Fair
Housing Acts.
(e) The term "occupancy", or any variation thereof, shall mean staying
overnight in a particular Dwelling Unit for more than ninety (90) days in a consecutive
twelve (12) month period.
(f) The requirements contained in this Article 15 are intended to comply
with the exemption requirements under the Fair Housing Acts and any regulations issued
thereunder. Notwithstanding anything contained herein to the contrary, all Owners
Shenandoah HOA Declaration Page 39
E7
N
--J
acknowledge and agree that although it is the intent of the Developer that the Property is
to be operated in compliance with the Fair Housing Acts, which exempt "housing for older
persons" from the prohibitions against discrimination because of familial status, no
representation or warranty is made that the Property complies or will comply with the Fair
Housing Acts, and if for any reason the Property is deemed not in compliance with the Fair
Housing Acts and, therefore, not exempt from the prohibitions against discrimination
because of familial status, neither the Developer nor the Association nor their respective
directors, officers, agents or employees shall have any liability in connection therewith.
Notwithstanding any other provision of this Declaration to the contrary, the Developer,
during the Development Period, and thereafter the Board of Directors, may amend the
provision of this Article 15 from time to time to the extent that it deems it necessary or
appropriate, without the approval of the Members, in accordance with applicable local and
state regulations governing age restricted housing and the Federal Fair Housing Act so
long as the substantive intent as set forth herein is maintained.
(g) No Owner may permit occupancy of a Dwelling Unit in violation of this
Article 15. Owners shall be responsible for (a) including a statement that the Dwelling
Units are intended for the housing of persons 55 years of age or older, as set forth
hereinabove, in conspicuous type in any lease or other occupancy agreement or contract
of sale relating to such Owner's Condominium Unit, which leases, agreements or contracts
shall be in writing and signed by tenant or purchaser, and (b) clearly disclosing such intent
to any prospective tenant, purchaser, or other potential occupant of the Dwelling Unit.
Every lease of a Dwelling Unit shall provide that failure to comply with the requirements
and restrictions of this Article 15 shall constitute a default under the lease.
ARTICLE 16
Proffers
Master Development Plan ("MDP") Requirements: The following is a summary of
various requirements under the Master Development Plan which relate to
responsibilities and obligations of the Association. This summary is not intended to be
a full and complete summary:
16.1 Age Restricted Community. Per Note #1, MDP, the gated active adult
portion of the site is an age restricted community subject to the Fair Housing Act. The
Association is to maintain and enforce these age restrictions as further defined in Article
15.
16.2 Trail System. Per Notes #4 & #8(f), MDP, a system of walks and trails
will be constructed to provide pedestrian access within the development from residential
Shenandoah HOA Declaration Page 40
areas to the lake and to community recreation areas and commercial areas within the
development. The trail system will be maintained by the Association.
16.3 Fire and Rescue Facility. Per Note #7, MDP, a fire and rescue site is
offered in the development or offsite for a period of 5 years with 5 more years renewable if
satisfactory progress is being made on site development for the fire and rescue facility.
This facility will serve the Shenandoah development and other areas of Frederick County.
The Association is responsible to maintain the private streets in the development, including
the cutting of tree canopy to allow access to the largest fire and rescue equipment and
vehicles at all times.
16.4 Lake Frederick. Per Note #8(a), MDP, no water will be taken from the
lake to operate or maintain the onsite wastewater treatment facility. Per Note #8(b), all
Best Management Practices ("BMP") shall be either of the wet or dry pond type or other
approved BMP structures; all pond facilities shall be designed for a minimum stormwater
detention period of forty hours. Per Note #8(c), the maintenance of all BMP's shall be the
responsibility of the Association or other entity as determined by Frederick County and the
Developer, and shall include routine and non -routine maintenance as recommended in the
"Practical Manual for Designing Urban BMPs". Per Note #8(d), water quality tests in the
lake to determine BMP effectiveness shall be conducted at least annually funded by the
Association. Per Note #8(e), a 50 foot wide buffer easement, adjoining the VDGIF
property line, shall be provided to preserve the existing vegetation surrounding the lake,
and shall be granted to the Association and VDGIF. No building, tree cutting, clearing or
disturbance of undergrowth or existing vegetation or any use of the buffer area shall be
permitted except with the explicit written approval of VDGIF.
16.5 Recreational Facilities. Per Note #12, MDP, the Association will be
responsible for the use and maintenance of certain facilities, which may include the
Community Building, an outdoor pool, play courts, trails, boat docks, and VDGIF facilities
(including landscaping, parking area, concession stand, fishing piers, two entrance guard
houses).
16.6 Homeowners Association. Per Note #14, MDP, the Association will
operate the community center and other Common Areas, the BMP facilities, trails, street
lights, recreation areas and the private streets. The Association is also required to protect
vegetative screening and open space trees, all common area plantings, such as street
trees, and to regularly prune street trees to allow proper access by all emergency and
service vehicles.
[SIGNATURE PAGE FOLLOWS]
Shenandoah HOA Declaration Page 41
C
N
IN WITNESS WHEREOF, the undersigned, being the Developer herein, has
executed this instrument on the I°r 'day of Z*1JuA'R y 2004.
OXBRIDGE DEVELOPMENT AT SHENANDOAH, LC,
a Maryland limited lia ility company
By:
Name: Elliot R. Totah
Title: Manager
STATE OF MARYLAND
CITY/COUNTY OF PRINCE GEORGE' S : to -wit:
The foregoing instrument was acknowledged before me this 19th daj� f�rlanua y ,
2006, by Elliot R. Totah, Manager of OXBRIDGE DEVELOPMENT AT. F#F�IANDPP�H, ��
L.C. '.� 12
T
ss• 40.
RY PUBLIC [Leah ,wilSrgh]
rs
My commission expires: 06-01-07
Shenandoah HOA Declaration Page 42
r
r10
CO
EXHIBIT A C---,)
Lots 1 through 18, inclusive, and Parcels B, C, D, E, F, G and H, Phase 1, SHENANDOAH,
as duly dedicated, platted and recorded in a Deed of Subdivision, Dedication, Easement
and Reservation recorded immediately prior hereto, among the land records of Frederick
County, Virginia.
VIRWNI IA: FREDERICK COUNTY. SCT. M1
Phis instrument of writing was produced to me on
/--/0 P-/4'
dgement thereto annexed
x>sed by Sec. 58.1-802 of
re been paid, if assessable.
, Clerk
Shenandoah HOA Declaration Page 43
060015633
N
N
ll w
THIS DEED OF SUBDIVISION AND EASEMENT (the "Deed") is made this �b dayof
hwu-ST , 2006, by and among OXBRIDGE DEVELOPMENT AT SHENANDOAH, L.C.
a Maryland limited liability company (hereinafter referred to as "Owner"); SHENANDOAH
HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock corporation (hereinafter referred
to as "Association"); the BOARD OF SUPERVISORS OF FREDERICK COUNTY,
VIRGINIA, a body corporate and politic (hereinafter referred to as "County"); and the
FREDERICK COUNTY SANITATION AUTHORITY, a body corporate and politic
(hereinafter referred to as "Authority")
WITNESSETH
WHEREAS, the Owner is the owner and proprietor of certain real property (the
"Property") as shown on plat dated July 5, 2006, entitled "Final Plat Shenandoah Phase 1 Section
4," and prepared by Patton Harris Rust & Associates, P.C., Winchester, Virginia, certified land
surveyors (the "Plat") which Plat is attached hereto; and
WHEREAS, the Property is situate in Frederick County, Virginia, Owner having acquired
the Property by deeds recorded in Instrument # 040022116 and in Instrument # 050015737, among
the land records of Frederick County, Virginia; and
WHEREAS, it is the desire and intent of Owner to subdivide the Property into lots and
parcels; and
WHEREAS, it is the desire and intent of Owner to reserve unto itself certain easements as
defined on sheet #2 of the Plat and as hereinafter provided; and
1
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
WHEREAS, it is the desire and intent of Owner to grant and convey unto the County and
unto the Authority the easements in the locations as shown on the Plat and as hereinafter provided;
and
WHEREAS, it is the desire and intent of Owner to grant and convey unto the Association
the easements in the locations as shown on the Plat and as hereinafter provided.
SUBDIVISION
NOW, THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00),
cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby subdivide the
Property into lots and parcels, to be known as Lots 133 through 160, inclusive, Lots 166 through
175, inclusive, and Open Space Parcels A4, B4 & C4, and Parcel D4, Phase 1, Section 4,
SHENANDOAH, all in accordance with the Plat which is expressly incorporated herein and made a
part of this Deed.
RESERVATION OF EASEMENTS
THIS DEED FURTHER WITHNESSETH that in consideration of the premises and the
sum of One Dollar ($1.00), cash in hand paid, receipt ofwhich is hereby acknowledged, the Owner
does hereby reserve unto itself, its successors and assigns the following: (a) 15' utility easements
over the boundaries of all lots and Open Space Parcels A4, B4 & C4, in the areas where said lots
and parcels are adjoining private streets, as shown on the Plat; (b) ingress -egress, drainage, water
and sanitary sewer easements along all private streets; and (c) drainage easements as shown on the
Plat as "20' DRN ESMT", "10' DRN ESMT", "VARIABLE WIDTH DRN ESMT" AND "DRN
ESMT", and over all open space parcels; and all as more particularly set forth in Notes # 5, 6 and 7
on sheet #2 of the Plat. The Owner has the right to assign one or more of these easements in the
2
A0089267.DOC / I Deed of Sub, Ph 1, Sec 4 002559 000013
N
N
c.n
future to any entity, including but not limited to the County, the Authority, the Association; and
utility companies. Further, the Owner has the right to grant one or more ofthese easements to such
entities by deed of easement. Any such grant by deed or assignment may include such terms and
conditions as deemed appropriate by the Owner and such entities.
COUNTY EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration ofthe premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby grant and convey unto the County, its successors and assigns, the easements as hereafter set
forth in the respective locations shown on the Plat as follows:
A. Emergency Ingress and Egress Easement. An easement for ingress and egress, for
construction and maintenance of utilities, for County and other emergency vehicles, and for the
purpose of performing any governmental functions which the County may find necessary or
desirable to perform, including but not limited to police and fire protection, over and across all
private streets, common driveways, public and private access easements, and ingress and egress
easements, as shown on the Plat.
B. Storm Drain Easements. Easements for the purpose of constructing, operating,
maintaining, adding to, altering or replacing present or future stormwater management facilities,
storm drainage lines, storm sewer lines or other drainage structures, including building connection
lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm
waters and its transmission through and across the said property of Owner, said easements being
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
more particularly bounded and described on the Plat as "20' DRN ESMT", "10' DRN ESMT",
"VARIABLE WIDTH DRN ESMT" AND "DRN ESMT".
The foregoing easements are subject to the following conditions where applicable:
1. All sewers, manholes, inlet structures, and appurtenant facilities which are
installed in the easements shall be and remain the property of the County, its successors and assigns.
2. The County and its agents shall have full and free use of said easements for
the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of
the easements including the right of access to and from the easements and right to use adjoining land
where necessary; provided, however, that this right to use adjoining land shall be exercised only
during periods of actual construction or maintenance, and further, this right shallnot be construed to
allow the County to erect any building or structure of a permanent nature on such adjoining land.
3. The County shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions or facilities in or near the easements being conveyed,
deemed by it to interfere with the proper and efficient construction, operation, and maintenance of
said easements; provided, however, that the County, at its own expense, shall restore, as nearly as
possible, the premises to their original condition. Such restoration shall include the backfilling of
trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture
areas, and the replacement of structures and other facilities located without the easements, but shall
not include the replacement of structures, trees, or other facilities located within the easements.
4. Owner reserves the right to construct and maintain roadways over said
easements to the extent not prohibited or restricted by ordinance and to make any use of the
4
A0089267.DOC / I Deed of Sub, Ph 1, Sec 4 002559 000013
O
N
N
-.J
easements herein granted which may not be inconsistent with the rights herein conveyed or interfere
with the use of said easements by the County for the purposes named; provided, however, that
Owner shall not erect any building or other structure, excepting a fence, on the easements without
obtaining the prior written approval of the County.
F.C.S.A. EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration ofthe premises and the sum
of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does
hereby grant and convey unto the Authority, its successors and assigns, the easements as hereafter
set forth in the respective locations as shown on the Plat, as follows:
A. Waterline Easements. Waterline easements for the purpose of constructing,
operating, maintaining, adding to, altering or replacing present or future water mains, including fire
hydrants, valves, meters, building service connections, and other appurtenant facilities for the
transmission and distribution of water through, upon, and across the property of Owner, said
easements being more particularly bounded and described on the Plat.
B. Sanitary Sewer Easements. Easements for the purpose of constructing, operating,
maintaining, adding to, altering or replacing present or future sanitary sewer lines, including building
connection lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary for the
collection of sanitary sewage and its transmission through and across the property of Owner as
shown on the Plat as "VARIABLE WIDTH SAN SEW ESMTS" and "VARIABLE WIDTH SAN
SEW ESMT".
The foregoing easements to the Authority are subject to the following conditions:
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
C:)
N
N
Co
1. All water mains, sewer lines, and appurtenant facilities which are installed in
the easements shall be and remain the property of the Authority, its successors and assigns.
2. The Authority and its agents shall have full and free use ofsaid easements for
the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of
the easements including the right of access to and from the easements and the right to use adjoining
land where necessary; provided, however, that this right to use adjoining land shall be exercised only
during periods of actual construction or maintenance, and further, this right shall not be construed to
allow the Authority to erect any building or structure of a permanent nature on such adjoining land.
3. The Authority shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions or facilities in or near the easements being conveyed,
deemed by it to interfere with the proper and efficient construction, operation, and maintenance of
said water mains, sewer lines, and appurtenant facilities; provided, however, that the Authority at its
own expense shall restore as nearly as possible, to their original condition, all land or premises
included within or adjoining said easements which are disturbed in any manner by the construction,
operation, and maintenance of said water mains, sewer lines and appurtenant facilities. Such
restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the
reseeding or resodding of lawns or pasture areas, and the replacement of structures and other
facilities located without the easements, but shall not include the replacement of structures, trees,
and other facilities located within the easements.
4. Owner reserves the right to construct and maintain roadways over said
easements and to make use of the easements herein granted which may not be inconsistent with the
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
O
N
N
%1D
rights herein conveyed or interfere with the use of said easements by the Authority for the purposes
named; provided, however, that Owner shall not erect any building or other structure, except a
fence, on the easements without obtaining the prior written approval of the Authority.
PRIVATE STREET INGRESS/EGRESS EASEMENTS
THIS DEED FURTHER WITNESSETH that in consideration of the sum of One Dollar
($1.00), cash in hand paid, receipt ofwhich is hereby acknowledged, Owner does hereby create and
establish easements for ingress and egress and for the construction and maintenance ofutilities in the
locations as shown on the Plat, designated thereon as "Grebe Drive", "Kingfisher Court", "Bunting
Court", "40' Non -Exclusive I/E & Utility Esmt" and "35' Non -Exclusive I/E & Utility Esmt" for
the use and benefit ofthe lot(s) served thereby. The Association, its successors and assigns, shallbe
responsible for the construction, repair and maintenance, including snow removal, of the roadway
within the easement. The construction, repair and maintenance of the roadway and the easement
shall not be the responsibility of the County or the Commonwealth.
MISCELLANEOUS
Headings used in this Deed are for convenience purposes only and are not intended to affect
the express terms herein set forth.
This Deed is made in accordance with the statutes made and provided in such cases; with the
approval of the proper authorities of Frederick County, Virginia, as shown by the signatures affixed
to the Plat, and is with the free consent and in accordance with the desire of Owner, the owner and
proprietor of the land depicted on the Plat.
The undersigned warrants that this Deed is made and executed pursuant to authority
properly granted by the operating agreement of the Owner.
A0089267.DOC / 1 Deed of Sub, Ph 1, See 4 002559 000013
N
W
The Association unites herein to indicate and confirm its acceptance of all of the
maintenance and other obligations assigned to or assumed by the Association under this Deed.
IN WITNESS WHEREOF, the Owner has caused this Deed to be executed, under seal.
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
OXBRIDGE DEVELOPMENT AT
STATE OF lJ -
COUNTY O to wit:
O
N
W
I, the undersi ed Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
� as ftvf NoiC► za A v4Af- 2 of OXBRIDGE
DEVELOPMENT AT SHENANDOAH, L.C., whose name is signed to the foregoing Deed,
appeared before me and personally acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this 16WQ day of 52006.
My commission expires: 0-4t31 -;IOd%
A0089267.DOC / 1 Deed of Sub, Ph 1, Sec 4 002559 000013
N
W
N)
SH
AS:
By:
Nai
Titl
STATE OF VIRGINIA:
COUNTY O� to wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
S'HENANDOA14 HOMEOWNERS ASSOCIATION, INC., wh se name 1s signeg to the foregoing
Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this L&fj, day of , 2006.
yqmut" - OCCL±tAl
Notary Public
My commission expire
10
A0089267.DOC / I Deed of Sub, Ph 1, Sec 4 002559 000013
0
yZ
J
Q
U
w
(L
U)
U)
i
0
LL
co
W
Zf
U)
03
m
DC-18 (1/90)
COMMONWEALTH OF VIRGINIA
r �
t
j r, vp
I 3 OA S,ON DR. a
LAKE
7 >" FREDERICK
1 G
VICINITY MAP
SCALE: 1 " = 5000'
APPROVED BY:
FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE
FREDERICK COUNTY SANITATION AUTHORITY DATE 40
OWNER'S CONSENT:
THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF OXBRIDGE DEVELOPMENT AT SHENANDOAH,
L.C. AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH
THE DESIPAS„OF THE. UNDE13FIGNVOWNERS, PROPRIETORS AND TRUSTEES, IF ANY.
IIIEZAZ v&ms-r :C o2004
SIGNATURE A DATE
ELL.10 1Q. oT , , AvTN IZEB ANAe. 7X
PRINTED NAME & TITLE
NOTARY PUBLIC
STATE OF MARYLAND
02VCOUNTY OF PRINCE GEORGE' S
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON August 2 , 0 0 6 BY
Elliot R. Totah Authorized Manager,
Oxbridge Dev. at Shenandoah, L.C.1
MY COMMISSION EXPIRES
(N AR PUBLIC)Leah Wilson
SURVEYOR'S CERTIFICATE
6-1-07
(DATE)
I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY
CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS
SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO OXBRIDGE DEVELOPMENT AT
SHENANDOAH, L.C. BY DEED RECORDED AS INSTRUMENT #040022116 AMONG THE LAND RECORDS OF
FREDERICK COUNTY, VIRGINIA.
TH
o �
,o$ -� • lam. �'�,.
v CORY M. HAYNES >'
No. 2539
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: AS SHOWN DATE: JULY 5, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
H T 540.667.2139+ ^r
F 540.665.04930493
n
D
n
AREA SUMMARY
AREA IN LOTS = 6.4355 ACRES
AREA IN PRIVATE STREETS = 1.4833 ACRES
AREA IN OPEN SPACE = 9.7314 ACRES
TOTAL AREA SUBDIVIDED = 17.6502 ACRES
NUMBER OF LOTS = 38
AVERAGE LOT SIZE = 7,377 SF
SMALLEST LOT SIZE = 4,641 SF
PIN 87-A-103 RESIDUAL AREA = 154.9982 ACRES
NOTES:
1. PARENT TRACT - FREDERICK COUNTY PIN: 87-A-103.
N
MINIMUM SETBACK REQUIREMENTS: w
20' FROM ALL PRIVATE STREETS 47-
REAR = 15'
SIDE = 5' (DETACHED)
SIDE = 0' ONE SIDE/10' OPPOSITE SIDE (ATTACHED)
MINIMUM BUILDING SEPARATION = 20' (DUPLEXES)
DUPLEX LOTS: 133-148
2. BASIS OF MERIDIAN FOR THIS PROJECT IS THE FINAL PLAT OF SUBDIVISION; SHENANDOAH, PHASE 1, SECTION
1 RECORDED AS INST #060001207.
3. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT.
4. PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH COMMONWEALTH OF
VIRGINIA AND FREDERICK COUNTY REGULATIONS.
5. ALL LOTS AND OPEN SPACE AREAS ARE SUBJECT TO A NON-EXCLUSIVE 15' UTILITY EASEMENT ALONG ALL
PRIVATE STREETS.
6. ALL ROADS DELINEATED HEREIN ARE PRIVATE STREETS SUBJECT TO A 30' INGRESS -EGRESS, DRAINAGE,
WATER AND SANITARY SEWER EASEMENT. THE PROPOSED PRIVATE STREETS WILL NOT BE MAINTAINED BY THE
VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF FREDERICK. THE MAINTENANCE AND
IMPROVEMENT OF SAID PRIVATE STREETS SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF THE LOTS
WITHIN THE AGE -RESTRICTED COMMUNITY WHICH ARE PROVIDED ACCESS VIA THE PRIVATE STREETS.
7. ALL OPEN SPACE AREAS ARE SUBJECT TO (MINIMUM) 20' DRAINAGE EASEMENTS AS REQUIRED.
8. ALL PROPERTY OWNERS IN SHENANDOAH ARE REQUIRED TO BELONG TO THE SHENANDOAH HOME OWNERS
ASSOCIATION. THE ASSOCIATION IS THE OWNER OF ALL OPEN SPACE AND PRIVATE ROADS AND IS RESPONSIBLE
FOR THE MAINTENANCE OF THOSE AREAS. ALL PROPERTY OWNERS MUST PAY AN ANNUAL ASSESSMENT FOR THIS
MAINTENANCE. THIS FEE AND ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRICTIONS AND
COVENANTS RECORDED AS INST #060001208 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA.
9. WATERLINE (WATER) EASEMENTS SHOWN HEREIN ARE NON-EXCLUSIVE.
EXISTING ZONING: R5
EXISTING USE: VACANT
PROPOSED USE: AGE -RESTRICTED,
SINGLE-FAMILY SMALL LOT -
SINGLE -FAMILY DETACHED AND ATTACHED (DUPLEX)
REF. § 165-65, PARAGRAPH F OF THE ZONING ORDINANCE
LINE TABLE
LINE
BEARING
LENGTH
L1
S88'13'27"E
47.01'
L2
N66'31'38"E
83.49'
L3
S77'50'33"E
40.75'
L4
S47'21'36"E
57.23'
L5
S32'44'17"E
326.48'
L6
S37'40'43"E
112.48'
L7
S29'51'30"E
176.29'
L8
S03'12'20"W
63.98'
L9
S72'18'13"W
53.23'
L10
S54'36'50"W
67.36'
L11
S85'49'40"W
122.94'
L12
N32'02'52"W
141.46'
L13
N53'04'04"W
55.91'
L14
N73'53'37"W
72.96'
L15
S58'51'34"W
64.21'
L16
S12'06'46"E
48.37'
L17
S24'01'21 "E
34.63'
L18
S38'34'50"E
44.16'
L19
S07'05'12"E
44.54'
L20
S81'54'46"W
359.81'
L21
S69'36'15"W
71.61'
L22
S83'02'13"W
103.92'
L23
N42'17'52"W
65.31'
L24
S81'54'46"W
59.52'
L25
S33'32'27"W
46.51'
L26
N81'47'50"W
50.08'
L27
S87'06'39"W
82.51'
L28
N85'05'03"W
108.73'
L29
S13'04'23"W
43.77'
L30
S24'33'02"E
78.07'
L31
S35'30'41"W
21.19'
CURVE
TABLE
CURVE
RADIUS
DELTA
LENGTH
TANGENT
BEARING
CHORD
C1
25.00'
90'00'00"
39.27'
25.00'
S66'01'02"W
35.36'
C2
25.00'
90'00'00"
39.27'
25.00'
S23'58'58"E
35.36'
C3
1100.00'
30'26'27"
584.42'
299.28'
S84'12'11 "E
577.57'
C4
200.00'
59'54'57"
209.15'
115.27'
N69'27'56"W
199.75'
C5
175.00'
24'44'38"
75.58'
38.39'
S09'20'30"E
74.99'
C6
100.00'
63'08'37"
110.21'
61.45'
S53'17'07"E
104.71'
C7
100.00'
104'33'59"
182.50'
129.31'
N42'51'35"E
158.21'
C8
25.00'
87'59'21"
38.39'
24.14'
1 N40'57'51"W
34.73'
C9
25.00'
87'59'21"
38.39'
24.14'
S47'01'30"W
34.73'
C10
25.00'
90*00*00"
39.27'
25.00'
N54'25'25"W
35.36'
C11
25.00'
90'00'00"
39.27'
25.00'
S35'34'35"W
35.36'
C12
25.00'
90'00'00"
39.27'
25.00'
N35'34'35"E
35.36'
C13
25.00'
1 90'00'00"
1 39.27'
25.00'
1 S54'25'25"E
35.36'
C14
25.00'
86-10'39"
37.60'
23.39'
NO3'34'52"E
1 34.16'
C15
50.00'
266'01'08"
232.15'
53.60'
S86'29'54"E
1 73.12'
p,LT H OF
FINAL PLAT
--�• �--- SHENANDOAH
CORM M. HAYNES PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
No. 2539 FREDERICK COUNTY, VIRGINIA
L `t(5`D�o SCALE: N/A DATE: JULY 5, 2006
l904_ Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
PHFA+ Winchester. Virginia 22601
T 540.667.2139
5,0493
F 540.665.0493 .„«T
';0
=O
z r
N21'01'02"E
21.76'
14
2 00"E3
0013?"
E21
96
0
SHENANDOA
0�H'R
PHAST055
A
IN #06nc
PARCEL A4
OPEN SPACE
409,254 SF
PARCEL B4
OPEN SPACE
7,128 SF
144
12 UE-
145
42
` 14�
140
152 1�9$
153
154 149 1�6
N
PARCEL A4
OPEN SPACE
409,254 SF/
�LL1165
L18L14
L19 ,-
v
�`-- 87—((A))-103B---
N F
COMMONWEALTH OF VA.,
COMMISSION OF GAME &
INLAND FISHERIES
DB 543, PG 751
ZONED: R5
USE: STATE GOVERNMENT
SHEET INDEX:
SHEET 3
OVERALL SITE
SHEET 4
PARCEL B4, LOTS 139-144 & 152-153
SHEET 5
LOTS 133-138 & 145-149
SHEET 6
LOTS 150-151 & 154-160
SHEET 7
PARCEL C4 & LOTS 166-169
SHEET 8
LOTS 170-175
LOTS ASSIGNED
IN SECTIONO
N
4)1-165
�p,LTH OF
*PARCEL D4
PRIVATE STREETS
1.4833 AC
GRAPHIC SCALE
200 o too 200
IN FEET )
1 inch = 200 ft.
CORY M. HAYNES
No. 2539
600017,01
w
C.Ti
87—((A))-103
(REMAINDER)
154.9982 AC
G GF,
� P�F
169 1 a
Q-
v �
170 4 (j
171 QPQ�c°'�'
172
173
174
175 9
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1"=200' DATE: JULY 5, 2006
I
Off, Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
R+A PH Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 3 OF 8
—__j —
OSPREY LANE N21.01'02
30.00'
_ _ 3 NSTRI V 6TE STREFTS
:
LOT 56 LOT 57 6
�SHENANDOAH 00
to
PF ASE 1, SECT ON 3 z
I ST #06000 455
N2101'02"E _
180.00'
A,
ppp12p'I
6
\NSA
PARCEL A4
OPEN SPACE
409,254 SF
C1
N21_01'02"E
C2 90.36'
w
Nc
PARCEL B4 00
00
N N
I'
o °' N OPEN SPACE o
Z���Ur—
w
b
J 7,128 SF R
..
N19*26'46"E
ao
I I 115.00'
o�
I In I LOT 144
6,618 SF
rtc—l-,
N16_17'08"E 1
oWWI NI N IW LOT 143
cr-1 �� I �7w 5,549 SF w W
3 I m I b N13'4102"E N
in c0 119.19'
* N W LOT 142 � IP
15 --� 8, 5, 534 SF ao
F N1 04'46"E
1 �
411.
\ LOT 141
' I ' 4,836 SF
M SI
"
�5 p0 E
a
f'V
CA)m
I
Lo
00arn
i
C4
9,41
9 11
35.
1 LOT 140
6,295 SF
os
Aaj
o �
1, ,15� \ , 0q 45''°E
LOT 152 r-
10,014 SF 1
s
LU I 153 z co
8,004 SF ��,,
65
P/ O9L X
�sy JQ�y1P�
C J \ X�
SEE SHEET 6
*PARCEL D4
PRIVATE STREETS
1.4833 AC
GRAPHIC SCALE
50 0 25 50
( IN FEET )
1 inch = 50 ft.
U CORY M. HAI ES
No. 2539
ZC S106
0 ;— s�Vv �
iT..�8,5g'
LOT 139 �w
N 5,558 SF
M �
�.+ \ Np i9�/4.
J 11g.55
\ SEE SHEET 5
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1"=50' DATE: JULY 5, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
PHPA+ Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493
N
CJ
" n * KINGFISHER C8 / SEE SHEET 4
N21'42�49 W COURT cs 50,3 '4,9
52.00 _ 39.30,
1.3� 20.71 L=69.10
NO3 0,9 "
C9 119 55 4 E
/ /J LOT 138
LOT 149 11�
1 W 1,1692 SF
o/
��
LL-
-
S05-16,
S03'14'S8
M
P LOT 148
c° V 4,641 SF
w 04"
N 113.07'
N
w LOT 147
N 5,949 SF
M
S07'47'28"E
�. P 114.82'
LOT 146
csi5---
4,699 SF
S0925-25"E
114.32'
�to LOT 145
to 6,153 SF �n
-415' UTILITY ESMT
-t_�--)*KINGFISHER
RN ESMT
_ 89.32'
C 1
to
s- 25T
1.s8'
106.80 ao _
VARIABLE WIDTH -
WATER ESMT
15' UTILITY ESMT -�
00
1207
*PARCEL D4
PRIVATE STREETS
1.4833 AC
GRAPHIC SCALE 50 50
( IN FEET )
1 inch = 50 ft.
/ 5,556 SF _
lb
bo
J)c
M M Q�W�M� adzNIo > oz �?\ C12
7RT i
146.80 _ *BUNT
I tj
SEE SHEET 7
eaeIH 1�
v CORY M. HA) ES
No. 2539
71 SJ04
118.518
LOT 137
6,065 SF
1. vjQ�0131 "W
115.00,
LOT 136
4,828 SF
)4 39'26"W
117.46'
o �C �.
oil
V-
LOT 135
1r,I o,
to
6,120 SF
N
W Q
J07 33'05"W
�I
of 00
Z N
Q q' m
118.31'
W
io
� C
IOW t-
LOT 134
N t
� �'
4,855 SF
M�
z
D9*25'25"W_.,
117.23'
F:3
LOT 133
W of
6,252 SF
_
N09'25'25"W0.00' 25 31�
0-05.00'
.0RTVG COU
E 10'45.015.0
95.00' co _
WATER ESMT
5' UTILITY ESMT
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: JULY 5, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
p+A Winchester, Virginia 22601
lyT 540.667.2139
F 540.665.0493 -- .,� a
�3
iNST
�s
�000'20�
h�
�<v
PARCEL A4
OPEN SPACE
409,254 SF
ti
�� LOT 155
9,083 SF
4S°doe,
A
o
LOT 156
\ 7,215 SF
711i
LOT 157
7,555 SF
^. \SOoy v`
Q
LOT 158 / o
9,282 SF
N
Iwl S26'32'29"E
n 1 i z.00' I
N
Z
Z
Ui
LOT 159 \�
9,344 SF \
$a�
2a,U%�i-�. 55's��od
LOT 160
9,344 SF
0
PARCEL A4
OPEN SPACE
409,254 SF
GRAPHIC SCALE
50 0 25 50
( IN FEET )
1 inch = 50 ft.
150.79-1 v
69.95'
co
N
0>
�Io LOT 154 3
'1 - 7,668 SF N�� w
CA r- _
N
boo w
w
L=36 09r 23.00'
5
IV*3 to
9 N21'42'49'W
ro A 1.3652.00'
G 1� 6a '
31.
io ' *PARCEL D4
17.48, PRIVATE STREETS
1.4833 AC
<. _
9, 14,
(s '�
\\69�
0
NLT H ply,
I
o W-•
v CORY M. HAYNES a
No. 2539
402b sup'v �'
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1"=50' DATE: JULY 5, 2006
Patton Harris Rust & Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
PHPA+
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 ��t
C7
N
SN��-� 6 ypp G';;-. 1�po
SSE q
87—((A))"103
(REMAINDER)
SQ P 154.9982 AC
� P F
��r6' OQ 51 •v1 �'
> �.
'�s`- LOT 166
�15 ems\ G� 8,421 SF
\ 5 G
%�� � w
A Ar"
N10•5215"E
\NSA #p6`��
LOT 167 �, - LP
o
�V ��, 8,738 SF �' J
\\
� I N13'27'12"E
PARCEL A4 1114.00'
OPEN SPACE r r
409,254 SF I I I lu► LOT 168 o Iw
I IN I
I I N 8,353 SF � I
N2974 2.9 PARCEL A4
114 00,E OPEN SPACE
409,254 SF
rs,j LOT 169 �
8,349 SF C1904N
�N
�N
H;\br 06.
r2 49 F
SEE SHEET 8
*PARCEL D4
PRIVATE STREETS
1.4833 AC
GRAPHIC SCALE
So so
( IN FEET )
I inch = 50 ft.
� 15��,Z,TH ply, P FINAL PLAT
o ��, SHENANDOAH
"� ,_, �, PHASE 1, SECTION 4
v CORY M. HAYNES OPEQUON MAGISTERIAL DISTRICT
No. 2HA FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: JULY 5, 2006
' S j�
Patton Harris Rust & Associates,pc
l04 Engineers. Surveyors. Planners. Landscape Architects.
S R 117 East Piccadilly Street, Suite 200
PHFA+ Winchester, Virginia 22601
T 540.665.2139
0493
F 540.665.0493 SHEET 7 OF 8
M
8' WATER ESMT "
i
15' UTILITY ESMT \, /
i
15J
L15
SEE SHEET 7
1:115-
15' 4
j 0N
w
04
`r 001
i0
0!U MI
N45'01'06"E
112.49'
N
LOT 170
7,599 SF
N50*29'32"E
11100,
M I
*GREBE N
DRIVE to I LOT 171 0l
35.00' �'�I 7,215 SF �I
R�gO N50'29'32"E N
N50'29'32"E
I111.00'
` C15 i I of
\ I LOT 172 A
40' ° I 7,215 SF °D
Ui
N50*29'32"E It
PARCEL A4 I'`' N In 111.00'
OPEN SPACE ui � 00
�3r\ 409,254 SF I � w F 15 ol0
*PARCEL D4
PRIVATE STREETS
1.4833 AC
GRAPHIC SCALE
50 0 25 50
( IN FEET )
1 inch = 50 ft.
11
o N o LOT 173 UIM
I zw� I I 7,215 SF �`n
V)
N50*29'32"E
111.00'
us 'I w oI
I 3 o I LOT 174 0l
W � ( F
7,215 SF 0
ICi I ;
O
t2 Z U, m N50*29'32"E
lin < +—� 111.00'
I-
35' bj
o LOT 175 qn
I o I 7,215 SFL 6- `O
111.00,
N50'29'32"E
SEE SHEET 3
t�1yTH CF Df
o
v CORY M. HAYNES tP'
No. 2539
7l a fo4
POl 4b S�z�.°.4�r
FV
CD
I
I
PARCEL A4
OPEN SPACE
409,254 SF
FINAL PLAT
SHENANDOAH
PHASE 1, SECTION 4
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 "=50' DATE: JULY 5, 2006
Patton Harris Rust & Assoc! ates,pc
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 nrcr n �r c
0
N
VIRGINIA: FREDERICK COUNTY.SCT.
This instrument of writing was produced to me on
th Jc._S.x 1 b. 9CO(a at S `'.5 6 Ptn
and with certificate acknowledgemcnt thereto annexed
was admitted to record. Tar imposed by Sec. 58.1-802 of
&, and 58.1-801 have been paid, if assessable.
4�yea /' --- , Clerk
SHEmaNCoAH ;:�m5DWiS(oxJ - P+-I.