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HomeMy WebLinkAbout02-93 Village at Sherando Single Family Opequon District - Backfile (2)C r * STAFF SUBDIVISION CHECKLIST * This application is not complete if the following are not included: SUBNIISSION PACKAGE J 31. Comments sheets from the following agencies along with any marked copies of the plan; VDOT `— Sanitation Authority Inspections Dept. Fire Marshal One copy of the subdivision application 15 copies of the plan on a single sheet One re.producible copy of the plan (if required) A 35mm. slide of the plan TRACKING Date City of Winchester Health Department `-' Parks & Recreation Road Naming Coordinator C/ County Engineer ��Application received S Fee Paid (amount $ 3 7y j f ) 6 Subdivision heard by Planning Commission. Action taken J1%_ Subdivision heard by Board of Supervisors. Action taken Final plat submitted with review agency signatures and; deed of dedication bond estimate $ ' v{-" , • t% = 1 Plat signed by Planning Director Plat signed by Subdivision Administrator ouse numbering assigned Info added to annual report disk RECEIPT C 7'%-"4 AMOUNT DUE s� AMOUNTPAID BALANCE DUE ✓_ I PAID BY F-](""` CASH CHECK&—olf-'1 OTHER FIRE: : , " %NN!NG AND DEVELOPPAIEN P.O. BOX 601, 9 COURT SQUARE WINCHESTER, VIRGiNIA 22601 RECEIVED FROM - ADDRESS_�,� THE SUM OF LJ OLLARS $ BY 9 DAY TIMERS RE -ORDER No. 3221 —Printed in USA THIS DEED OF DEDICATION, made and dated this 30--, day of June, 1994, by and between SHERANDO VILLAGE, L.L.C., a Virginia Limited Liability Company, of the first part, hereinafter called the DECLARANT, and COUNTY OF FREDERICK, VIRGINIA, of the second part, hereinafter called COUNTY. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on that certain Final Subdivision Plat drawn by Douglas C. Legge, C.L.S., dated September 9, 1993, known as The Village at Sherando, which Final Plat is attached hereto and incorporated herein by reference as if set out in full. (Note: The Village at Sherando - Section II will be referred to and known as The Village at Sherando.) This is the same real estate previously conveyed to the DECLARANT by that certain Deed and Deed of Release dated February 15, 1994, which deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 814, at Page 1168; and, WHEREAS, said real estate, as shown on the aforesaid attached Final Subdivision Plat, has been subdivided into lots for the construction of single family homes thereon (Lots 1 through 52, inclusive), and the hereinabove Final Plat shows accurately,the metes and bounds -of -the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used as open space, sanitary sewer easements, utility, ingress -egress, and drainage easements, all of which shall constitute a portion of that development known as The Village at Sherando and which areas that are marked as common areas to be owned and/or maintained by The Village at Sherando Home Owners Association upon the terms and conditions set forth hereinafter; and, 1 ALr, (MORTON a An NS AT LAW .ENT STREET 'cR,VIRGINIA !S01 iCULLY, ICKMORTON a GLASS NEVS AT LAW i KENT STREET ;TER, VIRGINIA 22801 WHEREAS, the Subdivision of The Village at Sherando as shown on the aforesaid attached Final Subdivision Plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, and the DECLARANT further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does thereby subdivide all of that certain tract or parcel of land designated as The Village at Sherando, lying and being situate in the County of Frederick, Virginia, and being more particularly described by that certain Final Subdivision Plat of The Village at Sherando by Douglas C. Legge, C.L.S., dated September 9, 1993, containing Lots 1 through 52, inclusive, which Final Subdivision Plat is attached hereto and incorporated herein as if set out in full. This is a portion of the same real estate previously conveyed to the DECLARANT by Deed and Deed of Release dated February 15, 1994, said deed is of record in the aforesaid Clerk's Office in Deed Book 814, at Page 1168. FOR AND IN CONSIDERATION AS AFORESAID, the DECLARANT does further dedicate all of the streets in The Village at Sherando to the County of Frederick, Virginia, for public use, which streets dedicated hereby are more particularly described by the hereinabove referenced Final Subdivision Plat of The Village at Sherando. `a JLLY, KMORTON 8 LASS WS AT LAW CENT STREET ER, VIROINIA I601 All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to The Village at Sherando Home Owners Association, Inc., a nonstock Virginia Corporation, its successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property described as open space, and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the Lots (Lots 1 through 52, inclusive) designated upon the Final Subdivision Plat of The Village at Sherando, with the exception of the open space defined as "Common Areas" hereinabove. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entitles, of a fee simple title to any Lot which is a part of The Village at Sherando as shown on the hereinabove referenced Final Subdivision Plat, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 3 Section 6. "Declarant" shall mean and refer to Sherando Village, L.L.C., a Virginia Limited Liability Company, its successors and assigns. ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS Each member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but no more than seven (7) directors, who must be members of the Association. The initial 4 GULLY, iCKMORTON s OLASS NEYS AT LAW KENT STREET ITER, VIROINIA 22801 MULLV, WKWATON GLASS iNEVS AT LAW N KENT STREET 4TER, VIRGINIA 22601 Board of Directors shall be appointed by the Association and serve until the first annual meeting following conveyance of the first Lot in The Village at Sherando; thereafter, the Board of Directors shall be elected by the Membership as determined in ithe By Laws of the Association. TREASURER The Treasurer of the Association shall be bonded, with the expense of such fidelity bond for said officer to be borne by the Association. ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every (Member shall have a right and easement of enjoyment in and to the "Common Areas," specifically including but not limited to the rights of ingress and egress across the aforesaid "Common Areas" and such easement shall be appurtenant to and shall pass I with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the aforesaid "Common Areas." The Association is further empowered, with the consent of at least two-thirds (2/3) of the members, to mortgage the area in said Subdivision designated as "Common Areas" to secure any such borrowed funds, but such mortgage shall be subordinate to the rights of the Homeowners hereunder. In computing the required vote of the members in connection with any such mortgage of the "Common Areas", the lots owned by the DECLARANT shall not be included. All members shall be given notice of any such proposed mortgage of said "Common Areas" as set forth in Paragraph (c), infra. 5 (b) The rights of the Association to suspend the voting rights and the right to the use of the "Common Areas" by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the By Laws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas". The DECLARANT, or such other entity as is vested with title at the time of conveyance, hereby covenants that fee simple title to the open space (referred to hereinabove as "Common Areas") will be conveyed to the Association free and clear of all liens and encumbrances provided, further that'the Declarant shall not be required to convey the Common Areas at one given time, but rather may convey the same by multiple deeds at various times. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section 1. Assessments: Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so CULLY, 6 iCKMORTON 6 GLASS NEYS AT LAW IKENTSTREET !TER, VIRGINIA 2MI I expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the following purposes, to -wit: Improvements and maintenance of the "Common Areas", specifically including but not limited to, (payment of. real estate taxes, repairs, maintenance and repair of drainage and detention facilities, maintenance and repair of street lights and payment of all utility charges therefor, maintenance and repair of utility and drainage easements, and further, for the purpose of promoting the recreation, health, safety and welfare of the residents in the "Common Areas" of The Village at Sherando. Section 3. Basis and Maximum of Annual Assessments: jUntil January 1 of the year immediately following the conveyance 7 ICULLY, ICKMORTON GLASS NEYS AT LAW i KENT STREET ITER,VIRGINIA 22801 ICULLY, XKMORTON s GLASS INEYS AT LAW N KENT STREET STER, VIRGINIA 22601 of the first Lot to an Owner the maximum annual assessment shall be One Hundred Dollars ($100.00) per Lot for all Lots (Lots 1 through 52, inclusive). (a) The maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction; unexpected repair or replacement of a described capital improvement upon the "Common Areas", specifically including but not limited to maintenance, repair and improvement of any Association -owned areas within said Subdivision, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in 8 person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at a meeting of Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) jdays following the preceding meeting. Section 6. Date of Commencement of Annual Assessments - IDUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the incorporation of the Association. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable E CULLY, CKMORTON a GLASS NEY$ AT LAW IKENTSTREET TER,VIROINIA 22801 charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose said lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non- use of the "Common Areas" or abandonment of his Lot. Section 8. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the same or transfer of any Lot which is subject to any mortgage, pursuant to a decree of.foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Exempt Property: The following property isubject to this Declaration shall be exempt from the assessments 10 CULLY, ICKMORTON 8 CLASS NEYS AT LAW i KENT STREET ;TER, VIRGINIA 22001 created herein; (a) Any property owned by the Association; (b) All properties dedicated to and accepted by a local public authority; (c) Any and all lots owned by DECLARANT, its successors or assigns except for out -conveyances to third party lot owners in the regular course of business and in which the DECLARANT has no legal interest; and, (d) All properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia. However, no lot with a residence and occupied as a dwelling shall be exempt from these assessments. Section 10. Failure to Maintain "Common Areas": In the event that the Association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the County of Frederick's applicable Ordinances. ARTICLE VI USE, RESTRICTIONS AND COVENANTS The single family Lots in The Village at Sherando shall be subject to the following restrictions, which are constituted covenants real to run with the land: FIRST: It is the intent of the Declarant, as the present Owner of the above -described Subdivision, that a dignified and high quality residential subdivision shall be developed and maintained. It is, therefore, required that the standard of architectural design, material and workmanship of all houses and other improvements in said Subdivision be of the highest order, and that the site planning, building and landscaping thereof result in a carefully executed and harmonious effect. To such ends, the restrictions and covenants herein contained are by these presents imposed upon all land in the Subdivision. SECOND: The land in the above described Subdivision, and any and all Lots now or hereafter subdivided or created therein by Declarant, its successors or assigns, shall be used solely for, and shall be known and described exclusively as, residential dwelling Lots. The Declarant, however, for itself, its successors and assigns, does hereby reserve the right to 11 CULLY. CKMORTON i OLASS NEYS AT LAW IKENTSTREET :TER, VIRGINIA 22601 alter, amend and/or change any line or lines or subdivision plan, pursuant to a recorded plat of subdivision or resubdivision, and/or operate on any Parcel in the Subdivision any community swimming pool, tennis courts or other recreational facilities, all as Declarant, its successors or assigns, may deem appropriate. THIRD: No dwelling is to be erected or maintained on any of said lots to contain less than the following total finished living space (outside foundation dimensions), exclusive of open porches, carports, garages, and basements, of the following types of dwellings: (a) Rambler, ranches, one-story or the above ground levels in a multi -level home - 1,400 finished square feet; (b) Split foyer and one and one-half stories - having a first floor of 1,000 finished square feet and a total of 1,600 finished square feet; (c) Two stories - 900 finished square feet each floor. (d) Cape Cod - 900 finished square feet on first floor - total of 1,600 finished square feet. All structures must have a minimum roof pitch of 5/12. All dwellings must have roof gutters and downspouts. Each dwelling under construction must have concrete no more than six (6") inches above grade before work begins on the exterior finish of any such dwelling. If mullions are used on windows of any dwelling, they must be used on all windows of such dwelling unless the shape of a window, for example, a small octagon shape, makes it impractical and not within industry standards to do so. FOURTH: No fences shall be located in the front or on the sides of the house. Fencing in the rear of the house may not exceed sixty inches (60") in height and the material and design shall be wooden board or rail, and in no event shall chain link fences be used. All fences constructed shall be kept and maintained in good repair, including painting and staining, if the same is required. Provided, however, that this restriction shall not preclude the Owner from constructing a fence as required by the Frederick County Code in the event that a swimming pool is placed upon the subject property. FIFTH: No residence or any part thereof in the Subdivision, nor any garages or other structures or outbuildings on any Lot in said Subdivision, shall be used for the conduct or practice of any business, commerce profession or trade of any nature including but not limited to beauty shops, daycare and/or "pre-school" operations or similar home operations; and no LILLY, KMORTON 12 6 LASS EVE AT LAW KENTSTREET ER, V IROINIA ta01 chickens, or other fowl, cows, horses, pigs or other livestock or animals (other than domestic cats or dogs and other domesticated household pets) shall be kept or maintained on any part of said Subdivision, or on any structures or other improvements situate herein; and no dogs, cats or other animals of any nature shall be bred therein or thereon and/or sold for commercial purposes. No exterior television, radio and/or satellite dish or antenna shall be permitted on any Lot in the Subdivision. No window mounted fans and/or air conditioning units shall be permitted on any Lot in the Subdivision. SIXTH: No trailer, basement, tent, shack, garage, barn or other outbuilding erected on any of the Lots in said Subdivision shall at any time be used for habitable purposes, temporarily or permanently, nor (subject to the provisions of Restriction SEVENTH hereof) any structure of a temporary character be erected upon any part of said Subdivision unless first approved in writing by the Declarant, or its successors or assigns of Declarant designated by it. SEVENTH: No construction shed or construction office shall be permitted to remain on any Lot in said Subdivision except incidental to, and in connection with, bona fide construction of permanent improvements pursuant to building permits actually issued by governmental authorities having jurisdiction, and any such construction shed or office must be removed from said Lot not later than two (2) months after cessation of building operations. For purposes hereof, "building operations" shall be deemed to have ceased when the Owners of the Lot on which such construction shed or office is located has not, within two (2) months performed or caused to be performed in good faith any actual construction improvements on such Lot or on a Lot contiguous thereto. In the case of the Declarant, building operations shall be deemed to continue until the Declarant has obtained Frederick County Residential Use Permits for all Lots and been released from all bond obligations by Frederick County on The Village at Sherando Subdivision. EIGHTH: No noxious or offensive activity of any nature shall be carried on or upon any Lot in the Subdivision, nor shall anything be done or placed thereon which may be or become an annoyance or nuisance to the neighborhood. Property Owners in the Subdivision shall, at all times, maintain their Property in good repair and in a state of neat appearance. Refuse, trash, garbage -and debris, or containers therefor, shall not be stored or placed on any Property where they will be visible from any street. Trash, refuse, leaves and other waste materials shall be stored in sanitary containers and shall not be burned in said Subdivision, and incinerators manufactured or designed for the burning of trash, garbage or waste materials shall not be place or operated on any part of any Lot in the Subdivision. No commercial or industrial vehicles, including, but not limited to, moving vans, trucks of any kind, tractors, trailers, construction vehicles or equipment, buses, farm machinery or equipment shall be regularly or habitually parked or permitted to remain in front of, or on or adjacent to any Lot or street in the Subdivision (except, as to construction equipment, in 13 cuLLY, ICKMORTON s GLASS NEYS AT LAW 1 KENT STREET ITER, VIRGINIA 2=1 .ULLY, MMORTON 6 !LASS IEYS AT LAW KENTSTREET rER,VIRGINIA Mt connection with bona fide construction of improvements in said Subdivision, and in such case, subject to the same restrictions imposed upon construction sheds and offices in Article SEVENTH hereof). No junk vehicles, vehicles in a visible state of disrepair, or vehicles lacking proper registration and inspection stickers shall be permitted to remain on any Lot or street within the Subdivision. Boats, boat trailers, camping trailers and other recreational vehicles may be on a Lot only if stored completely out of view within a garage. Except for flower beds, shrubs and trees (which shall be neatly maintained), all open Lot areas in the Subdivision shall be maintained as grass covered lawns. There shall be no planting, structure, fences, shrubbery, or other obstruction to vision planted or maintained on any corner Lot which rises more than three (3) feet above ground level within ten (10) feet of the intersection of any two street lines. NINTH: After a residence is built on any of said Lots, the Lot Owner shall provide in connection therewith off-street parking space of at least twelve (12') feet by forty (40') feet. If the construction of a driveway on any Lot prohibits the drainage in front of that Lot, then a pipe or culvert of sufficient size (and not less than twelve (12") inches in diameter) shall be installed by the purchaser of said Lot at his expense. The final determination regarding this requirement will be made by the Virginia Department Transportation representative that services the area. TENTH: Each Owner shall purchase and/or construct and maintain a mailbox which is no greater than 12" X 12" X 24" in width, length and height, respectively, which shall be of similar style and suitable quality for the Subdivision, and which shall be located on each Lot at the driveway entrance in conformity with Virginia Department of Transportation guidelines and regulations and the front of the mailbox shall be flush with the backside of the curb. ELEVENTH: No sign, signs or other forms of advertising of any nature shall be displayed on any Lot in the Subdivision except for usual address signs, and excepting for one (1) sign not to exceed three (3) feet in any dimension advertising the Property for sale or rental, or advertising the name of a builder during the course of bona fide construction on such Lot. Nothing herein shall prohibit a Subdivision entrance sign or signs constructed by the Declarant and maintained by the Association. TWELFTH: The Declarant for itself and its successors and assigns, hereby reserves the right to install required public utilities over, under and across the front, side or rear yard building restriction lines of each Lot in the Subdivision for a period of five (5) years from the date of original sale by Declarant of each such Lot. In such case, Declarant, or its successors or assigns, after the making of such installation, shall immediately restore the surface of the Lots affected by such installation to its condition prior thereto. An easement is hereby reserved for such installation. 14 THIRTEENTH: Notwithstanding anything herein to the contrary, the Declarant, and its successors and assigns, during the period of its (or such successors and assigns) initial construction of any improvements on any Lot covered by this Declaration, shall be exempt from the provisions of Schedule B. of this Declaration. FOURTEENTH: All of the above restrictions shall run with and bind the land in said Subdivision for a period of twenty (20) years from the date the Declaration is recorded unless otherwise herein specified, and thereafter shall automatically be renewed for periods of twenty (20) years. The Declarant, as the present most interested party in maintaining the high quality development which by these covenants is sought to be assured for the land hereby restricted, hereby expressly reserves unto themselves (so long as these restrictions are in effect), and its successors and assigns designated by them, the absolute, unqualified right to waive or alter from time to time such of the above restrictions as they may deem best, as to any one or more of the Lots in said Subdivision, which waiver of alterations shall be evidenced by the mutual written consent of the Declarant (or its designated successors and assigns) and the then Owner or Owners of the land as to which some or all of said restrictions are to be waived or altered; such written consent to be duly acknowledged and recorded among the land records of Frederick County, Virginia. FIFTEENTH: Enforcement of the restrictions herein contained shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant hereof, which proceedings may be either to restrain such violation or to recover damages, or both; and such proceedings may be brought or prosecuted by Declarant, its successors or assigns, and/or by any persons or person owning any real property in the aforesaid Subdivision. SIXTEENTH: Invalidation of any of these covenants and restrictions by judgment or court order shall in no way affect any of the other provisions hereof; and in such event the remaining provisions of this instrument not so invalidated shall be and remain in full force and effect. SEVENTEENTH: Each home constructed in the Subdivision shall have an attached garage with the capacity of at least one car. EIGHTEENTH: Houses with the same design or floor plan may not be built side by side. ARTICLE VII EASEMENTS Section 1. Public Utility and Drainage Easements: The roperty described hereby is, and shall be, subject to those 15 MOLLY, XKMORTON s OLASS KEYS AT LAW H KENT STREET STER,VIROINIA 22001 certain easements or rights of way designated, or to be designated, as Drainage Easements, Gas Easements and Utility Easements on the plats of The Village at Sherando that have been recorded or will be recorded (including the plat attached hereto). The DECLARANT does hereby grant and convey unto the County of Frederick, Virginia, or other agency having jurisdiction thereof, a perpetual right of way or easement for the maintenance and repair of the aforesaid easements and any related facility designated on the aforesaid plats as Water Easements, Sanitary Sewer Easements, Gas Easements and Utility Easements. Section 2. Maintenance of Drainage Easements and Detention Areas: The maintenance of all drainage easements and detention areas located within the subdivision shall be maintained by the Association and in the event that said Association does not maintain said areas, and keep the same in good repair, then the DECLARANT and/or Frederick County, as the case may be, may come upon said property and make necessary repairs and perform whatever maintenance is necessary with the cost of the same to be borne by the Association and in the event that said Association does not pay for said repairs and/or maintenance when billed, then said charge shall become a lien upon the property belonging to the Association. If requested, the Association, by the acceptance of a deed to the common areas, agrees to enter into any agreement absolving Frederick County of any and all liability with regard to said drainage easements and/or detention areas. 16 CULLY. K:KMORTON 3 GLASS NEYS AT LAW H KENT STREET ;TER,VIROINIA 22801 ICULLY, 1CKMORTON 8 GLASS NEYS AT LAW M KENT STREET STER, VIRGINIA 22001 Section 3. Reservations: (a) The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water and television lines and related equipment, and other utility equipment where such utility lines and equipment are located within the easements reserved herein or as set forth on the Final Subdivision Plats of The Village at Sherando and over the "Common Areas," as needed, provided that such easements shall not interfere with the use and enjoyment of the "Common Areas." (b) The DECLARANT further reserves unto itself, its successors or assigns, for a period of five (5) years from the date hereof, a blanket easement and right on, over and under the ground within said Subdivision to maintain and correct drainage of surface water problems in order to maintain reasonable istandards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or (shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected property to its original condition as near as practical. The DECLARANT shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the DECLARANT an emergency exists which precludes such notice. Reservation by DECLARANT of such blanket easement.and rights contained herein shall not, in any way, obligate DECLARANT to undertake any maintenance, repair or corrective action whatsoever and shall not impose any ,Viability or responsibility upon DECLARANT therefore. 17 SCULLY, DCKMORTON 6 GLASS INEYS AT LAW M KENT STREET STER, VIRGINIA 22001 ARTICLE VIII GENERAL RESERVATION The Grantors herein reserve unto themselves, for a period of five (5) years, the right to amend this Deed of Dedication, provided that the single family residential nature of the Subdivision shall not be changed. ARTICLE IX MW1:4ZM"IN 1%&1to] �I� Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs and damages. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the 18 SCULLY, OCKMORTON a GLASS INEYS AT LAW , KENT STREET ISTER, VIRGINIA 2250I Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifteen (15) years from this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of twenty (20) years, as described under ARTICLE VI, Restriction No. 14, supra. The covenants and restrictions of this Declaration may be amended during the first fifteen (15) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be property recorded. Section 4. Dissolution. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event such dedication is refused acceptance, such assets shall be granted, conveyed or assigned to any non-profit organization, for similar purposes. The Subdivision of the land as shown on the plats of The Village at Sherando presently recorded, or to be recorded, is with the free consent and in accordance with the desire of the undersigned DECLARANT, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia, or other agency having jurisdiction thereof. 19 SCULLY. OCKMORTON 6 GLASS RNEYS AT LAW M KENT STREET :STER. VIRGINIA , 22601 The designated "Common Areas" are not dedicated hereby for use by the general public but are dedicated to the common use and enjoyment of the homeowners in The Village at Sherando. WITNESS the following signature and seal: SHERANDO VILLAGE, L.L.C., a Viria Limited Liability Co any i 0 By: �per STATE OF VIRGI�NIIA, AT LARGE �Y/COUNTY ofl'�101'1�Yill.P , , To -wit: The foregoing instrument was was acknowledged before me this 304day of June, 1994, by 1_-L"AM' OPCW-_ , as P\Pr)F of Sherando Village, L.L.C., a Virginia Limited Liability- . , Company. Notary Pub My commission expires 20 0 4.7t a AR jo TY MAP TAE I Frederick County Sanitation Authority z9aLtm Date 2ymv Pbmbv commission LLS71f Date qWx"lon AdmintsfivIor Date "091040 Department of Transportation Dots OWNER'S CERTIFICATE Th* ow and foregoing &"v(Wm of the land of i.E.J.P. Corporation, a Wvk* carp" as appears kj#hs mcvnpony6-,q plot, Is with the free consent and In nce with the of the undersigned owners, proprietors and trustees, If any:' NOTARY PUBLIC 7.11 Wk In and for the state of Rink; at bW, do certify, whose name Is signed to the foregoing Owner's Consent has ed the aoms efora me In my state. Ghm under my hand th day of t99 . My commission expires SURVEYOR'S CERTTI.FICATt thereby certify that the land contained In this &"vWm Is a portion of the land convoked to J.&J.P.,f= a InInk; corporotiam by'dead dated 2 March 1990. sold deed recorded of Clark of the Ckcult Court of Frederick County. Vegink; An Deed Book 740 at Page 51& Dougias C, L@& C.I.S. Final Plot Village at Sherando v Section II4F 6*1 H �(JP Opequon Magisterial District Frederick County, Virginia 903 7CERTIFICATE N7CL" Date: Septwnber 9. 1993 1SHEET I OF 12 Aft'it 0 g4bert w. clifford & associates. Inc. ENGINEERS - LAND PLANNERS - SURVEYORS LAND 180—C OW@ GFOW"kh OrkV U0 UW% Colo" slovot SURVEYOR *01m 2244" "mak"tv. vb0im zw — 000-2115 0" 4117-24311 Z K. GK812..3i160�21 CURVE RADIUS LENGTH TANGENT CHORD BEAKWC DELTA i 300.00 93,45 47.16 93.07 N 45'43 53 W 17'SO 48 2 300.00 64.14 32.19 64.02 S 59't8 5i W 12'15 00 3 225.00 58.97 29.65 58.80 N 45'40St E 150100 4 225.00 413.01 294,14 357.4'l N 14'24 49 W 105'10 Z1 5 500.00 60.69 30.38 60.65 N 70 28 38 W 06`5716 6 25 00 39.27 25.00 35.36 S 09'39 17 E 90'00 00 7 25.00 39.27 25.00 35.36 N 80'20 43 E 90'00 00 b 275.00 69,70 35.04 69.51 S 47'2337 E 14'3120 9 275.00 15,96 7.98 15,95 S 38'28 t3 E 03'19 29 10 25.00 3.39 1.70 3.39 S 3755 07 E 07'46 42 10A 45.50 22.13 11.29 2t,92 S .03'0159 E 2752 17 IOB 25.00 13.19 6.75 13.04'- S 38'0434 W 30'13 34 11 275.00 52.66 26.41 52.58 S '-8'40 32 W 10'58 21 12 275.00 6.13 3.07 6.13 S 64'48 Ot W 01'16 38 i S ST 37.13 19.47 38.28 S 41'09 57 W 42'32 47 14 5 .00 35.29 18,42 34.57 S 02'40 14 W 40'26 39 15 50.00 46.59 25.14 44.92 S 4414 41 E 53'23 12 16 _ 50.00 99.62 77.22 83.94 N 51'59 10 E 11409 Ofi 17 25.00 30.77 17.68 28.87 N 30'10 29 E 70'31 44 18 325.00 69.49 34.88 69.35 N 59'18 51 E 12'15 00 19 25.00 8.75 4,42 8.70 N 63'12 42 E 20'02 40 19A 45.50 33.83 17.74 33.06 S 66'36 45 E 42'36 22 20 25.00 36.61 22.47 33.42 N 0508 30 E 83 53 57 21 250.00 38.92 19.50 38.88 N 42'37 55 E 08'55 07 22 250.00 13.44 6.72 13.44 N 36'37 58 E 03'04 47 23 250.DO 52.73 26.46 52.63 N 29'03 02 E 12'05 05 24 250.00 52.73 26.46 52.63 N 16'57 57 E 12'05 OS 25 250.00 52.73 26.46 52.63 N 04'52 52 E 12'0505 25 250.00 52.73 26.46 52,63 N 071212 W 12'05 OS 27 250.00 52.73 26. 6 52.63 N 19'17 17 W 12'0505 28 250.00_ 52.73 - 26.46 _52.63 N 31'22 2'2- W _ _,.12'05-05 29 250.00 54,21 27.21 54,10 N 43'37 37 , W 12'25 25 30 250.00 70.41 35.44 70.18 N 57'54 25 W 16'0812 3' 250.00 4.47 2.24 4.47 N 66'29 i6 W OVOi 28 3: 525.00 63.72 31.90 ,3.68 N 70'28 38._ W O6'5716 33 25.00 21,03 11.18 20.41 N 49' 1 34 W 4 '11 23 34 50.00 55.54 31.03 52.73 N 573514 W 63'38 42 35 5O.W 32.16 16.66 31.61 S 72'09 42 W '51 2736 50.00 36.18 1 353 S 33'0018 W 41'2 20 50.00 7.50 . 33 6 09 240 42'58 3737 3S . 79.80 51.28 71.60 13A E 91'26 40 25.00 21.03 f 1,18 20.41 N 81'57 03 E 48'11 23 40 4?5.00 57.65 28.86 57.62 S 70'28 38 E 06'S716 41 42 200.00' 55.49 33.04 65.20 S 5T37 07 E i 8'45 46 43 200.00 61,23 30.86 60.99 S 397758 E 17'323t 44 200.00 167,05 88.74 i62.23 S 0646 03 E 47'51 19 45 2 .00 73. 5 37.09 72.94 S 2T39 9 W 21'00 45 46 200.00 18.87 9.44 16.66 S 40'5232 W 2S'24 20 47 25.00 43.46 29.59 38.19 N 86'36 53 W 99' 150 48 325.00 55.97 28.05 55.90 N 41'44 29 W 09'S2 00 325.00 45.27 22.67 45.23 N 50'39 53 W 07'5848 NOTE: THE LAND CONTAINED IN THIS SUADIWSiON AREA SUMMARY IS ZONED RP AND THE CURRENT USE IS VACANT. AREA IN LOTS - 12.3613 ACRES AREA IN R/W • 3.0211 ACRES AREA IN OPEN SPACE • 5.1566 ACRES i0iAL AREA SUBDINOEO • R3390 ACRES NUMBER OF LOTS - 52 AVERAGE LOT SIZE • 10,356 S0, FT. PVillage at Sherando N Section lI G DATE: September 9, 1993 CURVE TABLE tUERTIFICATE NO. •.gllbert D w. Clifford k amoclotes. Inc, SHEET ENGINEERS - LAND PLANNERS - SURVEYORS 2 R aN Grwn.la orMOF r ,, , oV 12 1Nnehwtw. 7I is (7W) ee7-t3e • �.��� tin (SEE SH T 5 OF 12),, SWURY SUMN CWN? \ 10 ti GO 82 t bti SOO OPEN SPACE 00 10,000 SF> 2. V / 1y,• OPEN SPACE 36.49'W 40,975 SF 10.67' 4, / 0.9407 ACRES .Z J.E.LP. CORPORAIM Np M wI-Z&. 5 UIONEACANT t � ajv Q1Eb,. * �`2fn• gag SETBACK REQUIREMENTS: FRONT-M SCALE IN FEET SIDE•IO' REAR`T5 I0/` 9T VQF REVISED ROAD NAME IRON RODS SET AT ALL 0 T3 50 100 LOT CORNERS tCERTIFICATE QP LfVillage at Sherando N Section II DOW S"tunbr 9, 1993 ND w SCALE: 1'ag0' aIED gWmt w. Clifford k associates, Inc. SHEET DENGINEERS LAND PLANNERS — SUR4EYORS 3 YDR tee-e aMl. o�sM.� ohm OF 12 l>op ar-t�» \� u L! Z L+f 3 (� SHEET 3 OF 12) 10 2 12 11 !4 �• fr 20' DRAINAGE EASEMENT „f r ` ••h ro !, 49 O s 10.000 SF 10' ��� T ` F OPBN mm SEtItR 7 �`�. SPA CB snn►ARr`sErfR Es�w'. �cir � 10,020 SF 41 r } c 10 i/ \ l 10.020 SF 18 Z! I � ► \ � �' 4 2 1 / 10,020 SF 182gK 6 ` a N4 n�17' 0.473 SF �, :<( / A N lot 10.020 SF t) h•� 839.72 �- 9�O8+ Y� tErr �t�4 FSL 'TRACK 3R,EOLI�EIUENrs otj RE SIDE-10' REAR-23' IRON RODS SET AT ALL ,.. LOT CORNERS 14 • SCALE 1N FEET 0 25 50 too IAot H ©A- L r Village at Sherando N Section lI Dote; September 9, 1993 SCALE; 1"DSO' O CERTIFICATE 1197 a 91bert W. cufford a oncolotm Inc. SHEET CERTIFIED ENGINEERS - LAND PLANNERS SURVEYORS 4 rase ow. a.«.rr. m«. OF SURVEYOR Ir.�,t"° �u p'u n4m wtODia..rt 12 t70.1) N7 '.F7a 41 • y. b•. � p ■ 98 (SEES EET to or 12) 0 8 2 31� 0 4 2 34 �9' (SE SHEEr0FI2) 484 81.22 0 48 E 4 40 N � I 32 10,198 SF I 10.00' OI 30 10.020 SF j5o.76 � y � 13,275 SF 47 IVORY DRIYIi' � 50- R/M SWARr SE" CASEWWr 45 �- sz WWI 204.64' 3' 348.946 3 If* WAMFC4SVANr N w 6 _3e�o 4" w 12 7. �`� to �o � � 4$ 11 ' 10.021 SF v /10 10.006 SF ~ / \ 2 12 O` SETBACK REOUIREMEN / 10.020 SF / y h FRONT 3S' 14 N l SIDE-10' REAR / REAR-?S'IRON B • N' �� ry'` OJ LOT COR RODS S, T AT ALL SCALE IN FEET' / 0 23 so 100 .(SEE ET 4 i?) �.j H OF �°' 1;e u CERTIFICATE N0. .. Village ' at Sherando N Section II cte: September 9, 1993 SCALE: 1"•s0' 1197 a CERTIFIED '41bart w. dlfford k ossoNstes. Ma. SHEET ENGINEERS — LAND PLANNERS — SURVEYORSLAND 5 , SURVEYOR � * o � aab = w�.«� serti.w, '�_ 12 t eta-ris t . �•• ram. �S I (SEE SHEET 8 OF 12) j vu t 1 4 D26 Avftw- 26 , 29 dam EA3Q1tNr J 30 is. DRAMAA6K r ORAWACE L_ _ tsar IVORY DRIVEN 60' R/IP N 54*39'17* W 348.93' 1 4.29' TO4764' 84.29' 6 47 3 71.43 S WARY rm 26 N I 10,516 SF ' I$ j oi811 —, it \ ( / 10 020 sFl I I 10,'000 SF 1 Mlg 19.29' �� I I I Iti 24 10,000 .' N 54'39'1.7" W 143.96 _. 25' ORAWACE FA IT —119�2s' a 24 r— II V I 10.0w sr a L23 ,,T 10.000 SF .9 ; 138 68 I iP�• ri 10,000 SF I M SI.211 v) n SCALE 1N FEET 22 FFRRONTIM35,TBAW REM as. _ I — .- I y ►.f. S10E-10' IN L _ f REAR-23' 542 39t . 0 25 50 100 )RON RODS r AT U 16 14 LOT CORN E(SEESHEET 7 OF 12) .. tCERTIFICATE o,� �f village at Sherande - Section II �Qatx September 9, 1993 SCALE: t'-50' 97 ag1bvt w. difford k ossodotss, Inc. SHEET IFIEDENGINEERS - LAND PLANNERS - SURVEYORS 6 NDEYOR 1n � U40 2 hon aM's'+s lros) wr-az faM9/D_i R'CIRCIcn vn�n wut• K8' yz. .Y•, 1. t ' SETBACK REQUIREMENTS: E SH B OF 12) FRONT•35' 23 SIDE- 10' I REAR-25' IRON ROOS SET AT ALL S 5439'17` E LOT CORNERS, t19.2$' 15 II I S 5413917' E 10.0O20 SF L + L S 5439'17' E t0,00O SF tD MOM N 5W39'17* W J ;� �• t 12 A I ICh i-.-_ • 1 1ao010 SF a � I o V 17 S 5439tY E 10000 SF f 6 119.29' 1 N 54 39'1 Y W lid PEf/pt7RatR1r'111R z , I 20 ROUND ESM'T ,- 10.000 SF / 18 I I f 1O.0O0 SF b S 5439',—r J % �o ,� ,'- 119.29' -- 2 04 0,�p�fACE 1� ptt 1 EASEMENT 10.000 sr 161 . N/F� jjgE: SCALE IN FAT too 0 25 30 too Village at Sherando Section II ", " u CERTiP'ICAte: September 9. t993 SCALE: 1'•50' TE •. 1197 u CERTIFIED t ►t W. etl,Nwd a eswelot4w Ine SHEET LAND ENaNFERS — LAND PLANNERS — SVRYEYgt6 7 SURVEYOR n�-orawww�a«�rw eNw OF 12 10/w/ i REY/SEO ROAD NAME. f. "fit•. t VAC lji W SHEET 9 OF 12) SETBACK REQUIREMENTS: oc to' pR,wn4t FRONT-35' -.62 / cAsvANr SIDE=10* ` REAR-25' 41 IRON RODS SET AT ALL N M I LOT CORNERS. In 43 °' ��As 40 42 I 106020 SF g0, R 4 isI I 1 s3 R EASNOT � 10.020 SF IN FEET 0 25 0 100 38 3e _ss� -'1 11,646 SF t ( I 14176 SF / �4►/ _ t _ �.f / _...iRWO SF A AS 54 39.1 r E»320.00 > MOW ' .001 R in r g ta00000 sr I I 101OW SF i I 1 R I 2.9 I$ 30}y • ( ( ( 10.000 SF t ft ( Ia. SF r Jr ATAWAW AUNA6i gwr so ow H N 54 39'i W IVORY DRNX ^� 50' R SEE SHEET 6 OF 12 ;t �`� �- Village of Sherando N Section II c , UO"CER7TW�111C�AtITEto September 9, 1993 SCALE: I'•50' 1 CERTtF[E9 ENGINEERS Q1bert W. Clifford & o99odalm lee. SHEET LAND LAND PLANNERS •— SURVEYORS OF �..,* 19e.a 9w. pON~ wo 90 COMM sr«eYdI wrw. 9ra Mr�ww w um 12 ?-Mn 10122193 REVISED ROAD NAME: r- �� it � •'. 1. �:., r \38 40 4 r E8 ' 37 1 3 'OORA AGE of N O Er I wi — — — 0 41 110,020 SF to' MMWAW EAXWT (SEE SHEET 8 OF 12) VRAWAOE t L �8 r � A;ASfMrirr � C 1 3 N 38 7n `� 4z $ o ' 1!0075 SF 3 N 489w W 30.664\ 31 e 11,054 SF 49129w "�• SWORV SEW oswwr 0 � .. '�•. - 41 � � I a. 43 10,038 SF c) 34 � tN 0 � 196 91w (SEE SHEET 10 OF 12) y 0tSF SE78ACK REOMEMENTS10, : ` I FRONT-35` r t) REAR 125' w IRON RODS SET AT Au �' / 45 's*•? \ J LOT CORNERS, 4 (SEE SHEET 10 OF 12) SCALE IN FELT \ 10/22/93 NAME 46 - W 0 25 50 100. LOT 8 P� �r Village at Sherando N Section II m AS C tc September 9, 1993 SCALE- 1w-50'- 0 CERTIFICATE NEL -. u 1197 a g1bert w. difford k ossodote&. Inc. SHEET CEIMFIED LAND ENGINEERS — LAND PLANNERS — SURVEYORS 9 OF SURVEYOR 191-e owe view"" ofi. rn+ wws b »4m Nos s.q a ww.w sww M w,,.p N ,y 2 12 RRas) sse-rya (gag a�-:��s :: ?) , EFR STA S 1 .,'� (SEE SHEET opEN SPACE SETBACK REQUIREMENTS: ZONED. 183;647 SF FRONT••35' USE: RES. 4.2160 ACRES "E••f0' 3 86.74 '�3 REAR••25' ,pj��/ UG-r2 IRON RODS SET AT ALL b�""� LOT CORNERS. ti ?� 45 & aNe, t 10.923 SF ao 4B 44 1 - f a'' f0.619 SF ir I / 47 A a^ t 1 1 0 ,878 SF w ` `�•.. _j 48 M' S FARY w SEra► EASwn+r 49 4 1 4 3 r 1� S0'73 > Ca a 34, 1Z161 Sr 1 \ 10091 SF 35 \ ` \ /ti 1 N •• \ \ 1' 51 32 (SEE SHEET 3 OF 12) SCALE IN FEET • 10/72/!13 0640 JNAME. 30 0 25 50 100 Pt.T H 0� L"AA Village at Sherando ^+ Section II C. te: September 9. 1993 SCALE: 1'.50' O CERTIFICATE N0. u 1197 a gl�ort w. otllkrd qr associates.(na SHEET - t ERTND ENGINEERS - LAND PLANNERS - SURVEYORS 10 SURVEYOR +mow � � OF ww.w12 E>aaD ew-r+e (9 as-ar dK 0 Z'41 a UX3 --- _• SCALE 1N FEET l . 83`��QD•� � 0 2S 5O 100 47 ► fir' ( 1 SETBACK REQUIREMENTS, FRONT-35' / I I SIDE-10' REAR-25' O ` IRON RODS SET AT ALL 1 48 dll\ � ( LOT CORNERS. !!/ 11.107 SF j 14972.49 SF \ a / OFEN SPACE 183,647 SF 50 4.2160 ACRES 4 14485 SF (\ SHEET 12 OF 12) 61 32 q 2 10,027 SF c1I. `� fa S2 � is s! �o � 10,001 SF DAM"" 1�\r+ 1 r p N+ ' FASF1MENr fAA/t9W1' 11' MN EASLIENI ' f (SEE,ST 3 OF 12 — 164.42' ) 10,&2AM RENSED NAME 3 '----' Z9 8� N 36'4b'28' W IVORY DRIVE 500 R/M N (SEE SHEEr 3 OF 12 p p Village at Sherando N Section Il ote: September 9. 1993 SCALE: 1'-5O' o CERTIFICATE tom. u 1197 a CERTIFIED 91bert W. dlffwd & •.onodotes, Inc. SHEET LANDENGINEERS — LAND .PLANNERS OR SURVEYS 11 SURVEYDR ieo.� ow w�wdW 0510on.. too N+.w os�nn sa.a tea tF+ii • a0 w+s.r.. we x. , 12 (lost of -ram J yt, I td J SSw. 44 11B 2 3 PG 0 2,3 t 45 48 too Ir i4f, 3"m tswlr 48 lF $I NO iwlrl 50 VP-4WVE---' EAsEmvsr OPEN SPACS 183,647 SF 4.2160 ACRES hry 4t N 27VV447W* E 62. US= AVAWAW asmwr 1-01► o Not SETBACIC REQUIREMENTS: 'Te FRONT-3V REAR-2W oveloo\ < SIDE-10' IRON RODS SET AT ALL LOT CORNERS OPXN SPACI -'ICATE P:M 1197 SCALE IN FEET 0 w IbO 260 Village at Sherando — Section II Dots: September 9. 1993 Obert w. diffard & assoctotem. Inc. SHEET 30-C ENGINEERS — LAND PLANNERS — SLIRVEYORS 12 1aws Q"mwl* orke OF skis =l101. fir. KGB an tAisot 12 FREDERa COWV' Wt- t 4WANk wrjtjjftZ iiaduced kwbvmsn0; to WA R o I A"wed vns I, Zowd. AX4; 4AWr 101 asm Lo tK823PG0200 THIS DEED OF DEDICATION, made and dated this -70day of June, 1994, by and between SHERANDO VILLAGE, L.L.C., a Virginia Limited Liability Company, of the first part, hereinafter called the DECLARANT, and COUNTY OF FREDERICK, VIRGINIA, of the second part, hereinafter called COUNTY. WHEREAS, the DECLARANT is the owner in foe simple.of the real estate shown on that certain Final Subdivision Plat drawn by Douglas C. Legg*, C.L.S., dated September 9, 1993, known as The Village at Sherando, which Final Plat is attached hereto and incorporated herein by reference an if set out in full. (figis: The village at sherando.7 Section 11 will be referred to and known as The Villice at Sherando.) This is the same real estate Previously conveyed to the DECLARANT by that certain Deed and Dead of Release dated February 15, 1994, whith.dood is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 814, at Page 2168; and, WHEREAS, said real estate, as shown on the aforesaid attached Final Subdivision Plat, has been subdivided into lots for the construction of single family homes thereon (Lots 1 through 32, inclusive), and the hereinabove Final Plat.shows accurately the motes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used an open space, sanitary sewer easements, utility, ingress -egress, and drainage easements, all of which shall constitute a portion of that development known as The Village at Sherando and which areas that are marked as common areas to be owned and/or maintained by The Village at Sherando Home Owners association upon the terms and conditions not forth hereinafter; and, ICY. -. �IMIOL'IYpIfl011 • t 6K$23PG020I WHEREAS, the Subdivision of The Village at Sherando as shown on the aforesaid attached Final Subdivision Plat, is with the free conpent and in accordance with the desires of the undersigned DECLARANT, and the DECLARANT further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW THEREFORE, THIS DEED OF DEDICATION WITNESSET11: That for and in consideration of the premises and the benefits Which_ will accrue by reason of -this Dedication, the DECLARANT does hereby subdivide all of that certain tract or parcel of land designated as The Village at`Sherando, lying and being situate in the County of Frederick, Virginia, and being more Particularly described by that certain Final Subdivision Plat of The Village at Sherando by Douglas C. Legge, C.L.S., dated September 9, 1993, containing Lots 1 through 52, inclusive, which Final Subdivision Plat is attached hereto and incorporated herein as if set out in full. This is a portion of the same real estate previously conveyed to the DECLARANT by Deed and Deed of Release dated February 15, 1994, said deed is of record in the aforesaid Clerk's office in Deed Book 814, at Page.1168. FOR AND IN CONSIDERATION AS AFORESAID, the DECLARANT does further dedicate all of the streets in The Village at Sherando to the County of Frederick, Virginia, for public use, which streets dedicated hereby are more particularly described by the hereinabove referenced Final Subdivision Plat of The Village at Sherando. 2 h 9K8x3PG0202 All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. - ARTICLE I '. DEFINITIONS Section l.. "Association" shall mean and refer to The Village at Sherando NorWlOwners Association, Inc., a nonstock Virginia Corporation, its successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property described as open space, and such additions thereto as may hereafter be brought within the y., jurisdiction of the Corporation. a Section 3. "Lot" shall mean and refer to any of the Lots (Lots 1 through 52, inclusive) designated upon the Final Subdivision'Plat of The Village at Shesando, with the exception of the open space defined as "Common Areas" hereinabove. Suction 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. +'. section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entitles, of a fee simple �.' title to an Lot which is a art of The Village at Sherando as Y p g shown on the hereinabove referenced Final subdivision Plat, including contract sellers, but excluding those having such {:. interest merely as security for the performance of an obligation. �euur. 3 VWGWA ILL ff�01!'IMILMIi11Ml: 1fN1 • awe06MEna OK823PG0203 Section 6. "Decl'artnt" shall mean and refer to Sherando Village, L.L.C., a Virginia Limited Liability Company, its successors.and assigns. MEMBERSHIP Every person or entity who in a record owner of a fee or 11undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract' sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely an security for jhe performance of an obligation. Only Ione membership shall be accorded per Lot. Membership'shall be 'appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. - VOTING RIGHTS Each member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When More than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised an they among themselves determine, but in no event shall more than one, vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shali'be managed by a Board of not less than three (3), but no more than seven (7) directors, who must be members of the Association. The initial 4 M lUt 9. k, Sk aw " =ti ewooiowoaros 4 BK823PGO204 Board,of Directors shall be appointed by the Association and serve until the first annual meeting following conveyance of the first Lot in The Village at Sherando; thereafter, the Board of Directors shall be elected by the Membership as determined in the By Laws of the Association. TREASURER The Treasurer of the Association shall be bonded, with the expense of such fidelity bond for said officer to be borne by the Association. ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the "Common Areas," specifically including but not limited to the rights of ingress and egress across the aforesaid "Common Areas" and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and ByLaws, to borrow money for the purpose of , improving the aforesaid "Common Areas." The Association is further empowered, With the consent of at least two-thirds (2/3) of the members, to mortgage the area in said Subdivision designated as "Common Areas" to secure any such borrowed funds, but such mortgage shall be subordinate to the rights of the Homeowners hereunder. In computing the required vote of the members in connection with any such mortgage of the• _ "Cowan Areas", the lots owned by the DECLARANT shall. not be included. All members shall be given notice of any such proposed mortgage of said "Common Areas" as not forth,in Paragraph (c), infra, s I:, SPAM SLAM *.823PG0205 (b) The rights of the Association to suspend the voting rights and the right to the use of the "Common Areas" by a Member for any period during which any assessment against his Lot remains unpaid; and for a pers for anyod not to infractioneofe64 thirty its e published s and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Coirgon Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Deleaation of se: Any Member may delegate, in accordance with the By Laws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Titre to the "Common Areas". The DECLARANT, or such other entity as is vested with title at the time of conveyance, hereby covenants that fee simple title to the open space (referred to hereinabove as "Common Area's") will be conveyed to the Association free and clear of all liens and encumbrances provided, further that the Declarant shall not be required to convey the Common Areas at one given time, but rather may convey the same by multiple deeds at,var ous times. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section 1. Assessments: Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so 6 a :, of 8K823PG0206 expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a -charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property ,at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the following purposes, to -wit: Improvements and maintenance of the "Common Areas", specifically including but not limited to, payment of real estate taxes, repairs, maintenance and repair of drainage and detention facilities, maintenance and repair of street lights and payment of all utility charges therefor, maintenance and repair of utility and drainage easements, and further, for the purpose of promoting the recreation, health, safety and welfare of the residents in the "Common Areas" of The Village at Sherando. Section 3. Basin and Maximum of AnnualAssessments: Until January i of the year immediately following the conveyance MlIkY. 7 ,AM�g01pgON w OMM SK823PGO201 of the first Lot to an Owner the maximum annual assessment shall i be One Hundred Dollars ($100.00) per Lot for all Lots (Lots 1 through 524 inclusive). (a) The maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose -of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of assessments undertaken as an incident to a merger or consolidation in which thb Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the "Common Areas", specifically including but -not limited to maintenance, repair and improvement of any Association -owned areas within said Subdivision, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in 8 d, A , f 0 BK823PGO208 person or by proxy at a meeting duly called far this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authority tinder Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at a meeting of Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set --forth in Sections 3 and,4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Date of Commencement of Annual Assessments - DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the incorporation of the Association. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall'be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot'have been paid. A reasonable 9 SLAM r��wrmwr�mat -I z OK823PGO209 charge may be made by the Hoard for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Non -Payment of Asse entg: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose :said lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non- use of the "Common Areas" or abandonment of his Lot. Section S. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot 'shall not affect the assessment lien. However, the same or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments 10 TAMoorromoM SLAN ° M1I11.Y. I/IOCp1011�ON 6K823PG0210 created herein; (a) Any property owned by the Association; (b) All properties dedicated to and accepted by a local public `authority;• (c) Any and all lots owned by DECLARANT, its successors or assigns except for out -conveyances to third party lot owners in the regular course of business and in which the DECLARANT has no legal interest; and, (d) All properties owned by a charitable or non-profit organisation exempt from taxation by the laws of the State of Virginia. However, no lot with a residence and occupied an a dwelling shall be exempt from these lassessments. Section 10. FaiAuFe to Maintain "Common Areas" in the event that the Association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the County of Frederick's applicable Ordinances. ARTICLE VI USE, RESTRICTIONS AND COVENANTS The single family Lots in The Village at sherando shall be subject to the following restrictions, which are constituted covenants real to run with the land; FIRST: It is the intent of the Declarant, as the present Owner of the above -described subdivision, that a dignified and high quality residential subdivision shall be developed and maintained. It is, therefore, required that the standard of architectural design, material and workmanship of all houses and other improvements in said subdivision be of the highest order, And that the site planning, building and landscaping thereof result in a carefully executed and harmonious affect. To such ends, the restrictions and covenants herein contained are by these presents imposed upon all land in the subdivision. ,x SECOND:- The land in the above described subdivision, and any and all Lots now or hereafter subdivided or created therein by Declarant, its successors or assigns,, shall be used solely ,for, and shall be known and described exclusively as, residential dwelling Lots. The Declarant, however, for itself, its successors and assigns, does hereby reserve the right to 11 am . x i ALM , 4LAn W1'NMIIW &TWA IOYMIVrA�lIgR MOII�f�M,MMNIMW , alter, amend and/or change any line or lines or subdivision plan, pursuant to a recorded plat of subdivision or resubdivision, and/or operate on any Parcel in the Subdivision any community swimming pool, tennis courts,,,, or other recreational facilities, all as Declarant, its successor"i or assigns, may deem appropriate. THIRD: No dwelling is to be erected or maintained on any of said lots to contain less than the following total finished living space (outside foundation dimensions), exclusive of open porches, carports, garages, and basements, of the following types of dwellings: (a) Rambler, ranches, one-story or the above ground (levels in°a multi -level home - 1,400 finished square feet; (b) Split foyer and one and one-half stories - haviug a first floor of 1,000 finished square feet and a total of 1,600 finished square feet; (c) Two stories - 9,00_ finished square feet:, fIaof.-�'` (d) Cape Cod - 900 finished square feet on first floortotal of 1,600 finished square feet. All structures must=,have a minimum roof pitch of 5/12. All dwellings must have roof gutters and downspouts. Each dwelling- under construction must have concrete no more than six (6") inches above grade before work begins on the exterior finish of any such dwelling. `If mullions are used on windows of any dwelling, they must;be used on all windows of such dwelling unless the shape of a window, for example, a small octagon shape, makes it impractical and not within industry standards to do so. FWRTH: No fences shall be located in the front or on the sides of the house. Pencins iri`therear of the house may not exceed sixty inches (60") in height and -the material and design shall be wooden board or rail, and'in no event shall chain link fences be used. All fences constructed shall be kept and maintained in good repair, including painting and staining, if the same is required. Provided, however, that this restriction shall not preclude thu owner from constructing a fence as required by the Frederick County Code in the event that a swimming pool is placed upon the subject property. FIFTH: '.No residence or any part thereof in the Subdivision, nor any garages or other structures or outbuildings on any Lot in said Subdivision, shall be used for the conduct or practice of any business, commerce profession or trade of any nature including but not limited to beauty shops, daycare and/or "Pre-school" operations or similar home operations; and no r ,s 12 f 6K823PGO212 chickens, or other fowl, cows, horses, pigs or other livestock or animals (other than domestic cats or dogs and other domesticated household pets) shall be kept or maintained on any part of said Subdivision, or on any structures or other improvements situate herein; and no dogs, cats or other animals of any nature shall be bred therein or thereon and/or sold for commercial purposes. No exterior television, radio and/or satellite dish or antenna shall be permitted on any Lot in the Subdivision. No window mounted fans and/or air conditioning units shall be permitted on any Lot in the Subdivision. SIXTH: No trailer, basement, tent, shack, garage, barn or other outbuilding erected on any of the Lots in said subdivision shall at any time be used for habitable purposes, temporarily or permanently, nor=,(subject to the provisions of Restriction SEVENTH hereof) any `.structurea.of a temporary character be erected upon any part of said Subdivision unless first approved in writing by the Declarant, or its successors or assigns of Declarant designated by it. SEVENTH: No construction shed or construction office shall be permitted to remain on any Lot in said Subdivision except incidental to, and in connection with, bona fide ,;construction of permanent improvements pursuant to building permits actually issued by governmental authorities having Jurisdiction, and any such .;onstruction shed or office must be removed from said Lot not later than two (2) months after cessation of building operations. For purposes hereof, "building operations" shall be deemed to have ceased when the Owners of the Lot on which such construction shed or office is located haa'not within two (2) months performed or caused to be performed in good faith any actual construction improvements on such Lot or on a Lot contiguous thereto. In the case of the Declarant, building operations shall be deemed to continue until the Declarant has obtained Frederick County Residential Use Permits for all Lots and been released from all bond obligations by Frederick County on The Village at Sherando Subdivision. EIGHTH: No noxious or offensive activity of any -nature shall be carried an or upon any Lot in the Subdivision, nor shall anything be done or placed thereon which may be or become an annoyance or nuisance to the neighborhood. Property Owners in the Subdivision shall, at all times, maintain their Property in good repair and in a state of neat appearance. Refuse, trash, garbage and debris, or containers therefor, shall not be stored or placed on any Property where they will be visible from any street. Trash. refuse, leaves and other waste materials shall be stored in sanitary containers and shall not be burned in said Subdivision, and incinerators manufactured or designed for the burning of -,trash, garbage or waste materials shall not be place or operated on any pact of -any Lot in the Subdivision. No commercial or industrial vshioles, •including, but not limited to, moving vans, trucks of aUy k i l,. t�ractogs, trailers, construction vehicles or equipment, buses-; farm machinery or equipment shall be regularly or habitually parked or permitted to remain in front of, or on or adjacent to any Lot or street in the Subdivision (except, as to construction equipment, in �aKw. 13 uweas�roM w AT1'MMwAt4M1; _. f�l�l!'111YI1/ltllpf - I�MNIpM, VOW" MIM , «su•. nweaaromrw ' w wreMwrM.rw.rw► BK823PGO213 connection with bona fide construction of improvements in said Subdivision, and in such case, subject to the same restrictions imposed upon construction sheds and offices in Article SEVENTH hereof). No junk vehicles, vehicles in a visible state of disrepair, or vehicles lacking proper registration and inspection stickers shall be permitted to remain.on,any Lot or street within the subdivision. Boats, boat trailers, camping trailers and other recreational vehicles may be on a Lot only if stored completely out of view within a garage. Except for flower beds, shrubs and trees (which shall be neatly maintained), all open Lot areas in the Subdivision shall be maintained as grass covered lawns. There shall be no planting, structure, fences, shrubbery, or other obstruction to vision planted or maintained on any corner Lot which rises more than three (3) feet above ground level within ten (10) feet of the intersection of any two street lines. NINTH: After a residence is built on any of said Lots, the Lot Owner shall provide in connection therewith off-street parking space of at least twelve (12') feet by forty (40') feet. I€ the construction of"a driveway on any Lot prohibits the drainage in front -of that Lot, then a pipe or culvert of sufficient size (and not less:.than-twelve (12") inches in diameter) shall be installed by,the .purchaser of said Lot at his, expense. The final determinektion;regardi.g, this requirement will be, made by the Virginia Department Transportation representative that services the area. TENTH: Each owner shall purchase and/or construct and maintain a mailbox which is no greater than 12" X 12" X 24" in width, length and height, respectively, which shall be of similar style and suitable quality for the Subdivision, and which shall be 4 ocated on each Lot at the driveway entrance in conformity with Virginia Department of Transportation guidelines and regulations and the front of the mailbox shall be flush with the backside of the curb. ELEVENTH: No sign, signs or other forms of advertising of any nature shall be displayed on any Lot in the Subdivision except for usualaddress signs, and excepting for one (1) sign not to exceed three (3) feet in any dimension advertising the Property for sale or rental, or advertising th hame of'a builder during the coursehof bona fide construction,on such Lot: Nothing herein shall prohibit a subdivision entrance sign or signs constructed by the Declarant and maintained by the'' Association. TWELFTH: The Declarant for itself and its successors and assigns, hereby reserves the right to install required public utilities over, under and across the front, side or rear yard building restriction lines of each Lot in the Subdivision for a period of five (5) years from the date of original sale by Declarant of each such Lot. In such case, Declarant, or its successors or assigns, after the making of such installation, shall immediately restore the surface of the Lots affected by such installation to its condition prior thereto. An easement is hereby reserved for such installation. 14 f� a .'' 8K823PGO214 THIRTEENTH: Notwithstanding anything herein to. the - contrary, the Declarant, and its successors and assigns, during the period of its (or such successors and assigns) initial construction of any improvements on any Lot covered by this Declaration, shall be exempt from the provisions of Schedule B. of this Declaration. FMTMTH: All of the above restrictions shall run with and bind the land in said Subdivision for a period of twenty (20) years from the date the Declaration is recorded unless otherwise herein specified,. and thereafter shall automatically be renewed for periods of twenty (20) years. The Declarant, as the present most interested party in maintaining the high quality development which by these covenants is sought to be assured for the land hereby restricted, hereby expressly reserves unto themselves (so long as these restrictions are in effect), and its successors and assigns designated by them, the absolute, unqualified -right to waive or alter from time to time such of the above restrictions as they may deem best, as to any one or more of the Lots in said Subdivision, which waiver of alterations shall be evidenced by the mutual written consent of the Declarant (or its designated successors and assigns) and the then Owner or Owners of the land as to which some or all of said restrictions are to be waived or altered; such written consent to be duly acknowledged and recorded among the land records of <.. Frederick County, Virginia. 8IlTESRTSs Enforcement of the restrictions herein contained shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant hereof, which proceedings may be either to restrain such violation or to recover damages, or both; and such proceedings may be brought or prosecuted by Declarant, it's successors or assigns, and/or by any persons or person owning any real property in the aforesaid Subdivision. BUTERM: invalidati on of any of these covenants and restrictions by judgment or court order shall in no way affect any of the other provisions hereof; and in such event the remaining provisions of this instrument not so•invalidated shall be and remain in full €once and ef fect. 881i8NTE®ITB: Each home constructed in the Subdivision' shall have an attached garage with the capacity of at least one car. ;'.;' EIOHTEEItTgs Houses with the same design or floor plan `., may not be built side by side. ARTICLE VII EASEMENTS Section 1. -public utility• -and Draina,.e Easements: The property clescribed hereby is, and shall,be,,,subject to those is �r ewaaa�oera ' ;'M'IOIMMYMATtAN ��11IIMIQII�fT , '`MMONr7r1.YMMMA !NM " +oo a go"" V§Asuuw rwrwwu►"ran iwarnM.vwww a 8K823PG0215 certain easements or rights of way designated, or to be designated, as Drainage Easements3, Gas Easements and Utility Easements.on the plats of The Village at Sherando that have been recorded or will be recorded (including the plat attached hereto). The DECLARANT does hereby grant and convey unto the County of Frederick, Virginia, or other agency having Jurisdiction thereof, a perpetual right of way or easement for the maintenance and repair of the aforesaid easements and any related facility designated on the aforesaid plats as Water Easements, Sanitary Sewer Easements, Gas Easements and Utility Easements. _ Section 2. Maintenance of Drainaa2 Easements and Detention Areas: The maintenance of all drainage easements and detention areas located within the subdivision shall be maintained by the Association and in the event that said Association -does not maintain said areas, and keep the same in good repair, then tha,DECLAWT and/or Frederick County, as the case may be, may come -upon said property and make necessary repairs and perform whatever maintenance is necessary with the cost of the same to be borne by the Association and in the event that said Association does not pay for said repairs and/or maintenance when billed, then said charge shall become a lien upon the property belonging to the Association. If requested, the Association, by the acceptance of a deed to the common areas, agrees to enter into any agreement absolving Frederick County'of any and all liability with regard to said drainage easements and/or detention areas. S. F 16 8K823PGO216' Section 3. Reservations: (a) The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water and television lines and related equipment, and other utility equipment where such utility lines and equipment are located within the easements reserved herein or as set forth on the Final Subdivision Plats of The Village at Sherando and over the "Common Areas," as needed, provided that such easements shall not interfere with the -use and enjoyment of the "Common Areas." (b) The DECLARANT further reserves`,unto itself, its successors or assigns, for a period of five I (S),years from the date hereof, a blanket easement and right on, over and under the grcund�within said Subdivision to maintain and correct drainage of surface water problems in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected property to its original condition as near as practical. The DECLARANT shall give reasonable notice of intent'to take such action to all affected owners, unless in the opinion of the DECLARANT an emergency exists.which precludes such notice. Reservation by DECLARANT of such blanket easement and rights contained herein shall not, in sny way, obligate DECLARANT to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon DECLARANT therefore. 8(823PG02I I ARTICLE VIII GENERAL RESERVATION The Grantors herein reserve unto themselves, for a period to (5) years, the right to amend this Deed of Dedication, led that the single family residential nature of the vision shall not be changed. ARTICLE IX GENERAL PROVISIONS Section 1. Enforcement: The Association, its. successors signs, or any Owner, shall have the right to enforce, by rociseding at law or in equity, all restrictions, Lions, covenants, reservations, lions and charges, now or fter, imposed by the provisions of this Declaration. re by the Association, its successors or assigns, or by any to enforce any covenant or restriction herein contained in no'event be deemed a waiver of the right to do so after. All -costs which the Association, its successors or na, orany Owner.'shall'incur in the successful enforcement restrictions, conditions, covenants, reservations, liens, iharges, now or hereafter imposed, shall be barns by the against which action is taken and which costs shall ide reasonable attorney's fees, costs and damages. Section 2. Severabilit-v: invalidation of any one of i covenants or restrictions by judgment or court order shall way affect any other provision which shall remain in full I and effect. Section 3. Amendment:' The covenants and restrictions of Declaration shall run with the land and bind the land, and I inure to the "'efit of and be enforceable by the 5 0023PG02V.8 Association, or the owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for term of fifteen (15) years from this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of twenty (20) years, as described under ARTICLE VI, Restriction No. 14, supra • The covenants and restrictions of this Declaration may be amended during the first fifteen (i5)"year period by an instrument signed by not less than ninety percent (9oi) of the Lot Owners, and thereafter, by an instrument signed by -not _leas - than seventy-five percent (75%) of the Lot Owners. Any ,amendment must be property recorded. Section 4. Dissolution. upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. in the event such dedication is refused acceptance, such assets shall be granted, conveyed or assigned to any non-profit organisation, for similar purposes. ' The Subdivision of the land as shown on the plats of The Village at Sherando presently recorded, or to be recorded, is with the free consent and in accordance with the desire of the undersigned DECLARANT, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia, or other agency having jurisdiction thereof. x The designated "Common Areas" are not dedicated hereby 4, for use by the general public but are dedicated to`the common r use and enjoyment of the homeowners in The Village at Sherando. WITNESS the following signature and seal: xr'..., SHERANDO VILLAGE, L.L.C., a Vir is Limited iability Co any By: qC el - STATE OF VIRGINIA, AT LARGE •84'tY/COUNTY o 0�t taX , To -wit: The foregoing instrument was acknowledged beforee me-this- dayof June, 1994,E as1:C*�. �} of Sherando Village, L.L.C., a Virginia Limited Liability ,_.. Company. _ v ]11 __ Notary Pub Mp commission expires' _ ill I47 nwoaa�hw �• MiiIMItMAT IAM now '�b1MfM.VM1�111A 21 G Greif it • , �• � �� '� 7 r \ •• •� 1. .� .—�. -) , .•• .�. - .-. � r ' 700 7s � ' } i.l : f'�-- VICINITY MAP ° ''i�• r • i SC4E 1'=2000' y AP ROV BY Frederick County Sanitation Authority Date 17 Planning Commission Date Subdivision Administrator Date Virginia Department of Transportation Date 9 93 OWNER'S CERTIFICATE The above and foregoing subdivision of the land of J.E.J.P. Corporation, a Virginia torpor +on, as appears in the accompanying plat, is with the free consent and in a7.1,; ce with the es of the undersigned owners, proprietors and trustees, if any. rJ NOTARY PUBLIC I. .4f�if/r /LC "aC , a Notar Public in and for the state of Virginia at large, do certify that &A/AlD P. dGu4f whose name is signed to the foregoing Owners Consent, has acknowI d ed the some before me in my state. Given under my hand this,(l&day of , 199 My commission expires dVAY 4 11 1AP917 SURVEYOR'S CERTIFICAT I hereby certify that the land contained in this subdivision is a portion of the land conveyed to J.E.J.P. Corporation, a Virginia corporation, by deed acted 2 March 1990, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 740 at Poge 575. .mac Douglas C. Legge, C.I.S. Final Plot Village at Sherando Section II �1 H of Opequon Magisterial district Frederick County, Virginia -- DOU AS C. G o CERTIFI111C9AATE NO. •• Date: September 9. 1993 SHEET 1 OF 12 J p/3 D gilbert w. Clifford & associates, inc. CCERTf IED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C aide Greenwich Drive 200 North Cameron Street SURVEYOR Fredericksburg. Virginia 224-01 wlne.hester. W(linia 22601 (703) 898-2115 (703) 667-2139 CURVE 1 RADIUS 300.00' =NGTH 93.45' TANGENT 47.10' CHOF 93.07' BEARING N 45'43'53" W DELTA 17'50'48" 2 300.00' 64.14' 32.19' 64.02' S 59"18'51 W 12'15'00" 3 225.00' 58.97' 29.65' 58.80' N 45'40'51 E 15'01'00" 4 225.00' 413.01' 294.14' 357.42' N 14'24'49" W 105*10'21' 5 500.00' 60.69' 30.38' 60.65' N 70'28'38" W 06*57'16'* 6 25.00' 39.27' 25.00' 35.36' S 09'39'17" E 90'00'00" 7 25.00' 39.27' 25.00' 35.36' N 80'20'43" E 90'00'00" 8 275.00' 69.70' 35.04' 69.51' S 47'23'37" E 14'31'20" 9 275.00' 15.96' 7.98' 15.95' S 38*28'13" E 03*19'29" 10 25.00' 3.39' 1.70 3.39' S 32'55'07" E 07'46'42" 10A 45.50' 22.13' 11.29' 21.92' S 03'01'59" E 27'52'17" 108 25.00' 13.19' 6.75' 13.04' S 38'04'34" W 30'13'34" 11 275.00' 52.66' 26.41' S2.58' S 58'40'32" W 10'58'21" 12 275.00' 6.13' 3.07' 6.13' S 64'48'01 " W 01-16'38" 13 50.00' 37.13' 19.47' 36.28' S 44'09'57" W 42'32'47" 14 50.00' 35.29' 18.42' 34.57 1S 02'40 14' W 40'26 39" 15 50.00' 46.59' 25.14' 44.92' S 4-4'14'41" E 53'2392" 16 50.00' 99.62' 77.22' 83.94' N 51*59'10'* E 114'09'06" 17 25.00' 30.77' 17.68' 28.87' N 30-10'29" E 70-3744 18 325.00' 69.49' 34.88' 69.35' N 59*18'51 " E 12'15'00" 19 25.00' 8.75' 4.42' 8.70' N 6312'42" E 20'02'40" 19A 45.50' 33.83 17.74 33.06' S 66'36'45 E 42'36'22" 20 25.00 36.61' 22.47 33.42 N 05'0830" E 83'S3 57" 21 250.00' 38.92' 19.50' 38.88' N 42'37'55" E 08'55'07" 22 250.00' 13.44' 6.72' 13.44' N 36'37'58" E 03'04'47" 23 250.00' 52.73' 26.46 52.63' N 29'03'02" E 12'0505" 24 250.00' 52.73' 26.46' 52.63' N 16'57'57" E 12'05'05" 25 250.00' 52.73' 26.46' 52.63' N 04'52'52" E 12'05'05" 26 250.00' 52.73 26.46' 52.63' N 07*12*12" W 12'05b5" 27 250.00' 52.73' 26.46' 52.63' N 19'17'17" W 12'05'05" 28 250.00' 52.73' 26.46' 52.63' N 31'22'22" W 12'05'05" 29 250.00' 54.21' 27.21' 54.10' N 43'37'37" W 12'25'25" 30 250.00' 70.41' 35.44' 70.18' N 57'54'25" W 16'08'12" 3' 250.00' 4.47' 2.24' 4.47' N 6629'16" W 01'01'28" 32 525.00' 63.72' 31.90' 63.68' N 70'28'38' W 06'57'16" 33 25.00' 21.03' 11.18 20.41' N 49'51 34 W 48'11'23 34 50.00' 55.54' 31.03 52.73' N 57'35'14' W 63'38'42" 35 50.00' 32.16' 16.66' 31.61' S 72'09'42" W 36'51'27" 36 50.00' 36.18' 18.92' 35.39' S 33*00'18" W 41*27*20" 37 50.00' 37.50' 19.68' 36.63' S 09*12'40" E 42'58'37" 3F 50.00' 79.80' 51.28' 71.60' S 76*25'19" E 91'26'40" 3£ 25.00' 21.03' 11.18' 20.41' N 81'57'03" E 4811'23" 40 475.00' 57.65' 28.86' 57.62' S 70'28'38" E 06'57'16" 41 200.00' 65.49' 33.04' 65.20' S 57'37'07" E 18'45'46" 42 200.00' 61.23' 30.86' 60.99' S 39'27'58" E 17'32'31" 43 200.00' 167.05' 88.74' 162.23' S 06'46'03" E 47'51'19" 44 200.00' 73.35' 37.09' 72.94' S 27'39'59" W 21'00'45" 45 200.00' 18.87' 9.44' 18.86' S 40'52'32" W 05'24'20" 46 25.00' 43.46' 29.59' 38.19' N 86'36'53" W 99'36'50" 47 325.00' 55.97' 28.05' 55.90' N 41'44'29" W 09'52'00" 48 325.00' 45.27' 22.67' 45.23' N 50'39'53" W 07*58*48" NOTE: THE LAND CONTAINED IN THIS SUBDIVISION AREA SUMMARY IS ZONED RP AND THE CURRENT USE IS VACANT. AREA IN LOTS = 13 ACRES AREA IN R/W = 3.0211 ACRES 3.021 AREA IN OPEN SPACE = 5.1566 ACRES TOTAL AREA SUBDIVIDED = 20.5390 ACRES NUMBER OF LOTS = 52 { AVERAGE LOT SIZE = 10.356 SO. FT. 'H OVillage at Sherando - Section II G DATE: September 9, 1993 CURVE TABLE tt.7'ERTIFICATE N0. -.gilbert w. clifford & associates, inc. SHEET ENGINEERS - LAND PLANNERS - SURVEYORS2 150-C 01de Greenrich Drive 200 North Comecon StreetOF Fredericksburg, V"ginio 22401 N4nchester, Yrginio 22601 12 (703) 898-2115 (703) 667-2139 (SEE SH T 5 OF 12) 0, SANITARY SEWER ESM'T \ 10 9 2�sI, ps M 60 so ��- �L ��^\ OPEN SPACE Ugll 18 56 'O5IE ,0 g \ 3 10,000 SF / `- \ / 0 �V W 5 -I*-- I �:. �Q \ s F �\ O OPEN SPACE 36'48' 28 / N 40,975 SF 10.67' \ 0.9407 ACRES DRAwAC£ EASEMENT / J.E.J.P. CORPORATION / ZONED: B-2 N 76 182.9 • / USE: VACANT ¢ 'p$ 4 ZO,vED R!� ShY7• "Ze7ti 8`39 �2 SETBACK REQUIREMENTS: S E Re:T /Vr/44 SIDE 10' SCALE IN FEET REAR=25' 10/22/93 REVISED ROAD NAME. IRON RODS SET AT ALL 0 25 50 100 LOT CORNERS. L I H o F`C� o CERTIFICATE NO." — c� 1197 CERTIFIED LAND _SURVEYOR_ Village at Sherand o — Section II Date: September 9, 1993 SCALE: 1 "=50' gilbert w. Clifford & associates, inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 3 OF 150—C Olde Greenwich 06W 200 North Comecon Street Fredericksburg, Wgkde 22401 Winchester, Vlrgfnlc 22601 12 (703) 898-2115 (703) 667-2139 SHI i OF 12) f[/ZXL'WW M. 12 14 11 9 S �0 �4.48 •, F 8 \ 10,000 SF I 20' STORM SEWER f T SANITARY SfN'E.R ESM'T � �S\ I��e Jr." 17 7.17' 10,r00 SF1 13 67•p6' " 35.0 / hh 4v ro 1 14 / 15 SAN! RY SEWER ESM'T ^' 0 6 -� 0, 4 73 SF > o I 5 `h 10,020 SF I � p � 25 0 ORPINA 6- 4 8" 10 i N >rE�� N ZaNEO' RE5DEN�PL USE' CERTIFIED LAND SURVEYOR 20' DRAINAGE EASEMENT O s \ G `Oo, 06, o°j \ S W' pp / 2 j�1h hero \ 10, 020 SF ' 17 3 70,020 SF r l 0R' 10, 020 SF / F S / PEN W PACE W h V6 W tJSE' 9 22' 83 . ��1NE ZONRe5iDe N vSE; FRONTC 35 REQUIREMENTS: SIDE=10' REAR=25' IRON RODS SET AT ALL LOT CORNERS. SCALE IN FEET 0 25 50 100 Village at She_rando N Section II Date: September 9, 1993 1 SCALE: 1"=50' gilbert w. Clifford do associates, inc. SHEET ENGINEERS - LAND PLANNERS - SURVEYORS 4 OF 150—C 014. Cre ich Drive 200 North Co eron Street Fredericksburg, Virginia 22401 N9nchestx, V1r91n10 22601 12 (703) 898-2115 (703) 667-2139 35 (SEE SFi347� `a 40"49" E_ ui �¢ W2s r- a; cn 0 30 3 N I 10, 020 SFco Z L- JNZ: ORAINAt E rl a ESM T `7 rn h N t! 1 )20,41 IVORY DRIVE -r 50' R/W N 54.39' 17"W-348.93' 204.64' O J 33 6� / 44 32 I 10,198 SF 10.00' l ---�- 4242 52" — — _— f_-- 150.76 31 13,275 SF \ \ 47 smiwr SER£R EAst luavr 45 (SEk SHEET' 11 OF 12) 4' 46 C 10 w ai n Mo 51 N 52 lid 11' WA 7ER EASEMENT w N 409\ 10 LLJ �/ 47 SE f�fiy F,� / 20' SAN/ � d1a 11 s ESM'T • co c� t7 0 10.021 SF / f\ p 10 'r1 ^ 10, 006 SF / \ t0 Z I \ s,tNA- 12 SETBACK REQUIREMENT :l / 10,020 SF h FRON T= 35' /a SIDE=10' AN 3, 14 034 48REAR=25'� : 3 �4� IRON RODS SET AT ALL 8 7 Xv Q LOT CORNERS. / SCALE IN FEET 0 25 50 100 1' 2 \ (SEE S ET 4 OF 12) PAS H OF f Village at Sherando Section II E ate: September 9, 1993 SCALE: 1"=50' C3 CERTIFICATE NO. v 1197 a CERTIFIED LAND SURVEYOR _ gilbert w. Clifford do associates. inc. SHEET .ENGINEERS — LAND PLANNERS — SURVEYORS 5 OF 150—C Old* Greenwich Drive 200 North Cameron Street 12 Frederickatwrg• Mrginia 22401 Winchester. Virginia 22601 (703) 898-2115 (703) 667-2139 (SEE SHEET F 12) 27 28 !0 26 !NG%ESS- EGRESS EASEMENT - JS' DRAINAGE EASEMENT L__ o IVORY DRIVEN 50' R/W <C`1 N 54'39'17" W 348.93' 144.29' 94.29' _ 6 I �l J SANITARY 10' WCRESS— 4, ESN NE 'T cS k �t of 00 � b! Cc 25 aW 10,516 SF Z J I \ Q ,1:39'17L_ 119.29' W w w IY U Q a uw, o ( 24 co �co M Ln 29 35' DRAINAGE £SAI r 204.64' NMI INGRESS—� EGG RESS ESAI'T •� � IO Io I �Q Io w 13 �/ o 12 I 2011= a�� to 11,020 SFI Lao 10,000 Sr M) I I Z I I N v S ZaZ I 10, 000 SF I 7.53' 71.4 ' Z wa O I N 54'39'17"W 96' po CC d Lai L � 25' DRAINAGE EAS MENT Lu Z w oS + 54*39'17" EC-. N'1 119.29' I 14 I p o^ 10,000 SF ^ v J a I I x — — N W OR 23 3 38.68'" 3 00 I 10, 000 SF r I o 0 to L ; 15 io N — N 54'3917" W IM to ^ I 10, 000 SF I Cn r N 119.29' SETBACK RE UIREME11TS. LI Q SCALE IN FEET 22 FRONT=35' —J 7 v W SIDE=10' N 4'39' 17" W REAR=— 133.19' = to 0 25 50 100 IRON RODS SET ATALL 16 twu LOT CORNER . (SEE SHEET 7 OF 12) � ; Village at Sherando ^� Section II te: September 9, 1993 SCALE: 1"=50' NO. �. E a SHEET gilbert w. Clifford & associates, ink. 6 6D ENGINEERS — LAND PLANNERS — SURVEYORS 150-C 01da Greenwich Drive Fredericksburg, Nrginia 22401 200 North Cameron PAnchester, Virginia StreetR 22601 t2 (703) 898-2115 (703) 667-2139. 10122193 REVISED ROAD NAME_ (SEE SHEET 6 OF 12) 23 _J I S 54'39'17" E ¢ 119.29' I J ¢0022 d 0000 I I 10.000 SF I ool L J M tD - S 54'39'17" E o to Go 0 lo I q3, L' 21 aqq E" W¢ �- 00 10, 000 SF col j i I I W 00 S 3 o S 54*39'17" E - cn 119.29' W i O N �a0 � 20 N ' I00 (� 10,000 SF moo' I L� J I fir; J ¢ >- W 0 0 to W z � 0 IN S 54'3917 E J^ 119.29' DRAINAGE - SETBACK REQUIREMENTS: FRONT= 35' SIDE=10' REAR=25' IRON RODS SET A T ALL LOT CORNERS. 15 S 54*39'17 133.19' I 18 10,000 SF N 54'39'17" W 127.46' I I 17 I o 10, 000 SF _J N 54'39'17" W j 121.46' PORWR r=RIG-� IrROUNO ESM'T 18 \ 10,000 SF to li µ 0 oft pINA Y 5£,R E AS£MENt 2 1v�S �0 5 N�tA ORNNpG£ E EASE 1NT Ba "q 22' I I � 10, 000 SF A N j� �za 2a 5a110ER N�p1- � A- H OF " f 0 CERTIFICATE U 1197 CERTIFIED LAND SURVEYOR 25NIf SNR Eo�NTtPL ES P SSE: ZONE�:R N /f S'Ol RE510E SCALE IN FEET RIP 'J 1. ZON�O 0 25 50 100 Village at Sherando --j Section II ate: September 9, 1993 SCALE: 1 "=50' gilbert w. clifford & associates, inc. SHEET 7 ENGINEERS — LAND PLANNERS — SURVEYORS OF 150—C Oide Greenwich Or1ve 200 North Cameron Street 12 Fredericksburg, Wginie 22401 Yenchester, Virginia 22601 (703) 898-2115 (703) 667-2139 10122193 REVISED ROAD NAME. h ON . U S .- r - tur 1� E SHEET � 12 SETBACK REQUIREMENTS: � ZON£D: RP USE.- RES l 0 567 9 j 80 62 EASEMENT DRAINAGE SIDE 10, REAR=25' 41 IRON RODS SET AT ALL I LOT CORNERS. ' SP tµEN1 \�. 43 E7C. ft £ASE 4 0 0' 20" DRAINAGE S£ EASEMENT 42 10,020 SF 16 W I �28 882� 35� 5p R� Q � �N CDUR - w t? N 80 B 0 R EASEMENT Q. �� I 39 ( 36 6 53 A SANITARY SE IN 10,020 SF 9 0 z o' � 0 pSt SCA E IN FEET m 0 25 0 I p z So36 ( �^ — N I I3 38 p/^ c 11,646 SF in 13,176 SF Q7 47 L4 ip f 2 10,000 SF M 35 to 2o'DRAINAGE £ASEM£NTrq .`f I /(S 54.39'17" E-320.00') Z N _ 104 3' 1 � 80. T Z 6--' 1O- 26 00' 0.00' 80.00' 1 80.0 INGRESS-ffRE S E SEMENT 10,000 SF �� 28 =�� 29 Flo y N 10, 000 SF I o N 1 I O t`t I 10, 000 SF , 0 t in o vj a �`r' c�tf7 c�tf7 � I 10,000 SF I .t ! in u� zo ^ u7 2 - N m, DRAINAGE EASEMENT �LT H P o CERTIFICATE NIX -. U 1197 CERTIFIED LAND SURVEYOR_ 1001 30 35' DRAINAGE h Es"T 0.00' 80.00' N 5439'17' W IVORY DRIVE — 50' R/W (SEE SHEET 6 OF 12 Village of Sherando --j Section II te: September 9, 1993 SCALE: 1 "=50' gilbert w. Clifford & associates, inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 8 150—C 01de Greenwich Drive 200 North Cameron Street Of Fredericksburg, Virginia 22401 Winchester, Virginia 22601 12 (703) 898-2115 (703) 667-2139 0 to W to 10122193 REVISED ROAD NAME. 10,000 SF �� 28 =�� 29 Flo y N 10, 000 SF I o N 1 I O t`t I 10, 000 SF , 0 t in o vj a �`r' c�tf7 c�tf7 � I 10,000 SF I .t ! in u� zo ^ u7 2 - N m, DRAINAGE EASEMENT �LT H P o CERTIFICATE NIX -. U 1197 CERTIFIED LAND SURVEYOR_ 1001 30 35' DRAINAGE h Es"T 0.00' 80.00' N 5439'17' W IVORY DRIVE — 50' R/W (SEE SHEET 6 OF 12 Village of Sherando --j Section II te: September 9, 1993 SCALE: 1 "=50' gilbert w. Clifford & associates, inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 8 150—C 01de Greenwich Drive 200 North Cameron Street Of Fredericksburg, Virginia 22401 Winchester, Virginia 22601 12 (703) 898-2115 (703) 667-2139 0 to W to 10122193 REVISED ROAD NAME. \\� 38 39 4U �_ o \ 27 \ �� \ �5 I0 37 ._, / 0' DRAINAGE NOI k\ N 28 34 EA�EMENl 1 to� a s o 0 41 �2\ z C 10,020 SF I 20'DRAlNAGE EASEMENr J 03 y 2 (SEE SHEET 8 OF 12) DRAINAGE CA S 7 6'30_46" W \ EASEMENr C 116.60' 29 IF — 3 36 42 0 10,076 SF I Cal to L+ \ in \ ` N " O 32 I (7I rTl N 4 2 \ 16 8 C 30 N �8.40'49" W 30.66' 35 \ \ \ 31 i s 11,054 SF 109.79" W 099' \ SAM rARY SEWR —{ r- \\ \ EASEUENr 41 O 4 43 3g» \ p2, W �l 10,038 SF U, rrn ' I o� v N 34 AI N �o 29 126. �g W cR'n Ln � m (SEE SHEET 10 OF 12) l 44 / 10,015 SF a 2 SETBACK REQUIREMENTS: FRONT=35' \ a SIDE=10' REAR=25" IRON RODS SET AT ALL 45 LOT CORNERS. 4 (SEE SHEET 10 OF 12) SCALE IN FEET 10122193 REVISE OAD NAME. 46 0 25 50 100 LOT 6 PAS H OF r Village at Sherandc Section II F DO LAS C. L GG ate: September 9, 1993 -T SCALE: 1"=50' o CERTIFICATE NO. -• v 1197 SHEET gilbert w. Clifford do associates, inc. 9 CERTIFIED ENGINEERS - LAND PLANNERS - SURVEYORS LAND 150—C Olds Greenwich Driw OF 200 North Cameron Street SURVEYOR Fredericksburg, Vrginic 22401 W ch+ ter. Virginia 22601 12 (703) 898-2115 (703) 667-2139 FREDERICKTOWNE (SEE SHEET 12 OF 12) SETBACK REQUIREMENTS: ESTATES SEC61 1grL OPEN aPACE FRONT=35' ZONED: RP �� 183,647 SF USE: RES. S 24'31'24" E 4.2160 ACRES SIDE=10' 86.74' 172_9� _ REAR=25" 5 F- 86.22' IRON RODS SET AT ALL 1/ LOT CORNERS. r � N �' 4500 Ui la^I o -I �� 46 44 01 I '� ( 10,818 SF 10, 8 8 SF N � 40 \ J / Lu W W tn 36 W \ W \ W / 2 48 0 27 20" SANI rARY SEWER EASVAENT \ \ rSANITARYs� \ N� \ iwr 33 o - \34 s 10, 391 SF \ \ 12,161 SF CO 35 \ / V 49 N O N Lq 50 (SEE SHEET 5 OF 12) 0 605t; W SCALE IN FEET ' 10122193 EWSED ROAD NAME. N a8 a0 30 O,r 0 25 50 700 L H f Village at Sherandc Section II � IIIIU7C-A-S -C. =EmE`2 o CERTIFICATE NO. J U 1197 CERTIFIED LAND SURVEYOR te: September 9, 1993 SCALE: 1"=50' 51 gilbert w. clifford &: associates. inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 10 OF 150—C 01de Greenwich Drive 200 North Comeron Street Fredericksburg. Virginia 22401 Winchester. Virginia 22501 12 (703) 698-2115 (703) 667-2139 9 33 ,9 r OO ~ /^ ` �� 2 SANI TA7GlY\ 47 sR EASEMENT \ O, 32 31 SANITARY !fq$EMENT ` i (SEE SHEET 5 OF 12) 10122193 REVISED R&d J + SCALE IN FEET 0 25 50 100 2 � I SETBACK REQUIREMENTS. W FRONT=35' SIDE=10' REAR=25' 2 c I IRON RODS SET AT ALL ,h 48 P LOT CORNERS. 11,107 SF j `�, a• � I Ik 001 \ 49 10, 9 72 SF / \ \ / • �,9 / job OPEN SPACE 183.647 SF / \ 50 4.2160 ACRES � \ 10,485 SF / tr \ (SE\ SHEET 12 OF 12) 23 \� N 4 g 60 / A �' \ 0 22 10,027 SF /' \ \ Z EX. Z0� ORA/NAC£ �ASEMENT LA a? 52 10,0012SF DRAINAGE O. Ns EASEMENT 21 L_� 11' WA EA$EMENr 164.42' OF— 77 92' — — NAME. o CERTIFICATE NO. '-- v 1197 a CERTIFIED LAND SURVEYOR N 36'48'28' W IVORY DRIVE — 50' R/W (SEE SHEET 3 OF 1 Village at Sherando -- Section II ate: September 9, 1993 1 SCALE: 1"=50' gilbert w. clifford & ossociotes, inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 11 OF 150—C Otde Green ich Drive 200 North Comeron Street 12 Fredericksburg. Vircinio 22401 Winchester. Virginia 22601 (703) 898-2115 (703) 667-2139 S E). ~ S>j 44 45 48 sFc�O� ii �O�FoFOF�/ z 47 _ A SAWXARy (A O / SE11,ER ESv'T 48 _ O1, y� 49 20' swITARr'---�j SEWER ESM'r 61 GO ,\ 50 EX DRAINAGE EASSWENT gel ry� OPEN SPACE 51 h 183,647 SF 4.2160 ACRES e0 52 N 27'09'44" E p / 62.78 11' WATER F11SEMEN DRAINAGE EASEMENT rG / 9.'0 6 65 2 C3 S J OPEN SPACE 10/22/93 REVISED ROAD N Village at Sherando ry Date: September 9, 1993 SETBACK REQUIREMENTS: FRONT= 35' REAR=25' SIDE=10' IRON RODS SET AT ALL LOT CORNERS. SCALE IN FEET 0 50 100 200 Section II SCALE: 1 "=100' gilbert w. clifford & associates, inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 12 150—C Olde Greenwich Oriw 200 North Cameron Street OF Fredericksburg. Virginia 22401 Winchester. Virginia 22601 12 (703) 898-2115 (703) 667-2139 P/C review date: 03/18/92 BOS review date: 04/08/92 REVISED MASTER DEVELOPMENT PLAN VILLAGE AT SHERANDO (Formerly Evans/Snyder MDP) #002-92 Revising 6.65 acres of 55.4293 LOCATION: North and adjacent to State Route 277, east of Stephens City and 1750 + east of State Route 641. Approximately 1.75 miles east of I-81 MAGISTERIAL DISTRICT: Opequon TY ID NUMBER: 860000A0001020 PERTY ZONING & PRESENT USE: Zoned B-2 (Business, General), and (Residential Performance) - land use - vacant, residential ED USES: Residential and Commercial EW EVALUATIONS: Virginia Dept. of Transportation: No objections to the revised master development plan for this property. However, since several different pavement sections for the proposed 60' right-of-way (Golladay Drive) have been previously approved during site plan review we suggest the one shown be corrected or removed. Before making any final comments this office will require a complete set of site plans, drainage calculation, and traffic flow data for review. Before any work is started on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Sanitation Authority: Approved Inspections Department: Building shall comply with the Virginia Uniform Statewide Building code and Section 309 Use Group R, Residential use of the BOCA National Building Code, 1990. Fire Marshal: See attached comments, dated February 19, 1992, Page 2 Revised MDP Village At Sherando from Douglas A. Kiracofe, Frederick County Fire Marshal. County Engineer: Verify that the gravity sewer line paralleling the steep slope area will adequately tie into pre existing 15" sanitary sewer without conflicting with the improved Wrights Run Channel. No other comments at this time. Parks & Recreation: See attached comments, dated February 20, 1992, from Jim Doran, Director of Parks & Recreation. Planning and Zoning: The revised Master Development Plan submitted would amend the approved Master Development Plan of 11/15/90 to include patio homes. This amendment will modify what was originally 17 single family cluster lots to 32 patio home lots. Modifications in this area, as well as the single family cluster area will increase the overall units in the proposed development from 164 to 183, or 4.4 units per acre. The applicant has shown additional pedestrian walkways throughout the proposed development. One of the three required recreational units in the townhouse area is not shown on the revised Master Development Plan. A temporary patio home sales model with customer parking and signage has been permitted in the B-2 (Business General) Zoning District. An affidavit for temporary commercial uses has been provided by the applicant. This states that the temporary patio home will be removed from the property by November 1, 1992. The modification from 17 single family cluster lots to 32 patio homes has increased the length of the northern cul-de- sac from 270 feet to approximately 600 feet. The primary concern of staff regards required open space. Section 5-4-1 of the Frederick County Zoning Ordinance requires a minimum percentage of the gross area of any proposed development to be designated as common open space. This development contains 51% townhouse lots, 31% single family cluster lots, and 18% patio home lots; therefore, the minimum open space requirement is 30%. The total gross area of the RP (Residential Performance) Zoning District is 38.65 acres, which would require 11.60 acres of open space. The applicant is providing 9.73 acres of open space. Minor project summary information on the revised Master Development Plan, such as total acreage, original Master Development Plan approval date, and total open space required by RP use needs to be modified on the revised plan. Page 3 Revised MDP Village At Sherando STAFF RECOMMENDATIONS FOR 03/18/92 P/C MTG.: Approval, provided that all review agency comments are addressed, the issue regarding required open space is resolved, and the plan is modified to incorporate the project summary information. PLANNING COMMISSION RECOMMENDATIONS OF 03118/92: Unanimously approved, provided the following comments are addressed: (Golladay abstained) 1. Address staff and agency comments. 2. Put walkways on both sides of the connection on Warrior Road to Route 277 and add a walkway on one side of the temporary connection of Warrior Road to Route 277. 4 the need for a maintenance agreement for the storm detention pond. Mr. Wyatt noted that a drainage easement goes through parcel 12 and adjoins the proposed storm detention pond therefore, future development of that parcel could be fairly difficult due to the drainage easement. Mr. Ralph Gregory, representative for Battlefield Partnership, was present to answer questions from the Commission. Mr. Gregory stated that a master development plan was not required at the start of this project and that the intention was to bring the project into compliance. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the preliminary master development plan, #001-92, of Battlefield Partnership for commercial uses. This property is located between Route 11 South and I-81 in the Back Creek District and is identified as GPIN's 75000030000110 and 7500003000011B. Revised Master Development Plan #002-92 of Village at Sherando for single family detached homes, townhouses, patio homes and commercial uses in the Opequon District. ACTION - APPROVED Due to a possible conflict of interest Mr. Golladay turned the Chair over to Mr. Marker. Mr. Wyatt gave background information. He called the Commission's attention to the Fire Marshal's concerns on the need for a stop light in this area. Mr. Wyatt stated that the School Board and VDOT are also looking at this issue which will be addressed at the Transportation Committee meeting in April. Mr. Wyatt explained that the revision to this plan will modify what was originally 17 single family cluster lots to 32 patio home lots, increasing the overall units in the proposed development from 164 to 183 or 4.4 units per acre. The plan also shows pedestrian access ways, which were not shown on the original plan, and a temporary sales office is shown in the B-2 zoned area which will be removed by November 1, 1992. Primary concern of the staff was open space. The total gross area of RP zoning for this development is 38.65 acres, which would require 11.60 acres of open space. The applicant is providing 9.73 acres of open space. Staff was also concerned that one of the three required recreational units in the townhouse area was not shown on the revised master development plan. 3469 5 Mr. Ron Mislowsky, representative from G.W. Clifford & Associates, was present to answer questions from the Commission. Mr. Mislowsky said that the existing Warrior Road right-of-way does not line up with the existing entrance to Sherando High School. The right-of-way needed is in a life estate and will not be available until the owner of the property, Mr. Snyder, is deceased. According to Mr. Mislowsky, the revisions to this MDP are basically the patio homes and the pedestrian walkways. The revised MDP still shows the 25% open space which was approved for the original MDP. In a letter from Frederick County Parks and Recreation, Jim Doran recommended that the 25% open space be allowed to remain and that one recreational area be provided. Mr. Doran recommended that since the developer was putting in a walkway, and a chosen area was already designated for recreation, a recreational unit in the townhouse section could be deleted. Money from the deleted recreational area will be used to build the walkway. Mr. Thomas noted that there are no walkways either through the patio home area or at the northern end of the single family home area. Mr. Thomas was concerned about the need to move vehicular and pedestrian traffic through the development safely and requested that walkways be provided in the cul-de-sac areas that did not already include walkways. Mr. Mislowsky stated that he thought these walkways could be provided. Mrs. Sherwood stated that she felt the addition of walkways is an asset. Mr. Thomas asked what was the status of the signal light at Route 277 and Warrior Road and Mr. Watkins explained that the School Board was sending another request to VDOT to consider the issue. Mr. Watkins stated that stop lights are generally installed when warranted. Mr. Marker called for citizen comments. Nancy Colantonio, property owner of lot 5, Fredericktowne Estates, questioned the Commission as to when Warrior Road would join Route 277. Mrs Colantonio was concerned that Warrior Road would be a thoroughfare from Westmoreland Drive to Route 277. Mr. Greg McGhee, resident of Westmoreland Drive, expressed concerns regarding vehicular speed and the potential increase in traffic through Fredericktowne Estates. Mr. Rick Ours, property owner of lot 41, Fredericktowne Estates, shared the concerns of Mr. McGhee regarding traffic due to the increase in population density. 3470 5 Mr. Ron Mislowsky, representative from G.W. Clifford & Associates, was present to answer questions from the Commission. Mr. Mislowsky said that the existing Warrior Road right-of-way does not line up with the existing entrance to Sherando High School. The right-of-way needed is in a life estate and will not be available until the owner of the property, Mr. Snyder, is deceased. According to Mr. Mislowsky, the revisions to this MDP are basically the patio homes and the pedestrian walkways. The revised MDP still shows the 25% open space which was approved for the original MDP. In a letter from Frederick County Parks and Recreation, Jim Doran recommended that the 25% open space be allowed to remain and that one recreational area be provided. Mr. Doran recommended that since the developer was putting in a walkway, and a chosen area was already designated for recreation, a recreational unit in the townhouse section could be deleted. Money from the deleted recreational area will be used to build the walkway. Mr. Thomas noted that there are no walkways either through the patio home area or at the northern end of the single family home area. Mr. Thomas was concerned about the need to move vehicular and pedestrian traffic through the development safely and requested that walkways be provided in the cul-de-sac areas that did not already include walkways. Mr. Mislowsky stated that he thought these walkways could be provided. Mrs. Sherwood stated that she felt the addition of walkways is an asset. Mr. Thomas asked what was the status of the signal light at Route 277 and Warrior Road and Mr. Watkins explained that the School Board was sending another request to VDOT to consider the issue. Mr. Watkins stated that stop lights are generally installed when warranted. Mr. Marker called for citizen comments. Nancy Colantonio, property owner of lot 5, Fredericktowne Estates, questioned the Commission as to when Warrior Road would join Route 277. Mrs Colantonio was concerned that Warrior Road would be a thoroughfare from Westmoreland Drive to Route 277. Mr. Greg McGhee, resident of Westmoreland Drive, expressed concerns regarding vehicular speed and the potential increase in traffic through Fredericktowne Estates. Mr. Rick Ours, property owner of lot 41, Fredericktowne Estates, shared the concerns of Mr. McGhee regarding traffic due to the increase in population density. 3470 rol Mr. Ours also expressed concern in the reduction of open space. Ms. Chris Unger, resident of Warrior Road, stated that her driveway directly accesses Warrior Road and she was concerned about the increase in traffic and the possibility that traffic would not comply with the 25 mile per hour speed limit. Mr. Richard Hartman, a potential homeowner in Jefferson Village, had concerns about the open space issue. Mr. Watkins stated his concerns regarding the potential impact Warrior Drive could have on Fredericktowne Estates. He added that there was the option of looping it around Fredericktowne Estates instead of curving it north. Mr. Watkins told the Commission that this might be a matter to consider further with the developers, the Parks and Recreation Dept., and any one else involved. Upon motion made by Mr. Thomas and seconded by Mr. Romine BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the revised master development plan #002-92 for Village at Sherando with the conditions listed below. This property is located north and adjacent to State Route 277, east of Stephens City and Route 641, in the Opequon District, and is identified as GPIN 860000A0001020. 1. Incorporated staff comments 2. Put walkways on both sides of the connection on Warrior Drive to Route 277 and add a walkway on one side of the temporary connection of Warrior Drive to Route 277. (J. Golladay abstained) OTHER 1992 Primary Road Improvement Plan Mr. Wyatt said that the Transportation Committee reviewed the 1992 Six Year Secondary Road Improvement Plan at their March 2 meeting and revised the proposed plan to place item numbers 1, 2, and 3 ahead of the Eastern by-pass loop. Mr. Wyatt stated that the staff believes that item numbers 1 and 2 are in appropriate order 3471 REQUEST FOR REVISED MASTER DEVELOPMENT PLAN COMMENTS Frederick County Parks & Recreation Department ATTN: James Doran, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5678 The Frederick County Parks & Recreation Department is located on the second floor of the Frederick County Administration Building, 9 Court Square, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: JEJP Corp. Rt. 1,Box 198 Stephenson, Va 22656 (703)893-7500 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Ron Mislowskv (703)667-2139 Name of development and/or description of the request: The village @ Sherando (formerly Evans/Snyder) Location: North & Adiacent to St. Rte 277, east of Stephens City and 1750 ± east of St. Rte. 641. Approx. 1.75 miles east of I-81. Parks & Recreation Department Comments: See Attached Parks Signature and Date: 2/20/91 (NOTICE TO PARKS - PLEASE RETURN THIS FORM TO THE AGENT.) NOTICE TO APPLICANT t is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your plans and/or application form. February 20, 1992 Parks and Recreation Department Comments Master Development Plan - The Village at Sherando This *Master Development Plan provides for approximately 25% open space while being required 30% open space. T would recommend that credit be given for the 5% open space that is lacking if the developer is agreeable to completing a bicycle/pedestrian travelway which would extend from Georgetown Court to the Frederick County Park property line. I would also suggest that the planned pedestrian travelway be redesigned to conform with a comprehensive bicycle/pedestrian plan for the entire development. If such a travelway could be created, which would provide controlled access to Sherando Park and Sherando High School, I would also recommend that only one tot lot be required for this development. Please note that detailed specifications for all recreational units will be required during the site plan review stage of this project. 47 r , is 43--3 p.'4d ,d Q _.. ... �� _ . _ . ___.___ .__ .._.. __ ...__..._. ���._...�.,..�'-r,/�.��•ra�M .� �o�, /mod �.�a� 6 gilbert w. clif ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 9 Fax: 703-665-0493 May 12, 1993 Mr. Wayne Miller Zoning Administrator County of Frederick P.O. Box 601 Winchester, Virginia 22601 Re: Village at Sherando Single Family Dear Mr. Miller, Enclosed please find our application for subdivision approval of 51 single family lots. This development is the last phase of the residential portion of the Village at Sherando (formerly EvanslSnyder) Master Development Plan. The enclosed plans reflect changes made to address agency comments. If during your review you should have any comments, please do not hesitate to call. Regards, _ U,4- l n Mislowsky, P.E. RAMlkf Encl. cc: JEJP Corporation c DAND pEVELO M� PC REVIEW: 06/16/93 SUBDIVISION APPLICATION #002-93 VILLAGE AT SHERANDO 51 LOTS - SINGLE FAMILY LOTS LOCATION: North of Route 277 between Jefferson Village and Deer Run of Sherando Subdivisions MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 86-A-102A PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) - land use, vacant ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) and B2 (Business General) - land use, residential and vacant PROPOSED USE: 51 lots, single family dwellings REVIEW EVALUATION: Virginia Dept. of Transportation: See attached letter to G. W. Clifford & Associates from William H. Bushman dated April 28, 1993. Fire Marshal: Add the following to construction notes: 1. Burning of land clearing debris requires permit from Fire Marshal's office. 2. Burning of construction debris, on site, is not permitted. 3. Access for emergency vehicles must be maintained at all times during construction. a. Post temporary street address signs at each site as construction begins. b. Developer must ensure that driveways to houses do not allow parked vehicles to impede access to fire hydrants. C. Hydrants are not to be constructed at any time with construction material storage or stockpiling. -2- Inspections Dept.: Building shall comply with the Virginia Uniform Statewide Building Code and Section 309, Use Group R, (Residential), of the BOCA National Building Code/1990. Sanitation: 1st review - 20 items - correct and resubmit. County Engineer: See attached letter to G. W. Clifford & Associates from Harvey E. Strawsnyder dated May 6, 1993. Soil & Water Conservation Dist.: All State E & S requirements are met in this plan. Parks & Recreation: Plan appears to meet open space requirements. However, a walkway/bikeway system that has been discussed with G. W. Clifford & Assoc. does not appear on the plan. The intent to the walkway/bikeway system is to provide a collector for the residents of the new developments paralleling Route 277 between Route 641 and Sherando Park. It is anticipated by this department that a collector of this type will help alleviate pedestrian and bicycle traffic on Route 277 and provide children with safer access to Sherando Park and Sherando High School. Planning & Zoning: This subdivision plan does not conform to the approved master plan. The street layout has been changed and this plan does not reflect the 4' walkway/trail/bike path that is reflected in the master plan. The engineer for this plan has advised that the developer intends to build the pathway as previously agreed. This should be reflected on the plan. The street layout is different from the master plan but is considered a better design by staff. This current plan makes a straight shot connection of Ivory Drive from Jefferson Village to Warrior Road and thereby eliminates a "T" intersection. It also eliminates one cul-de-sac on the northern edge of this subdivision and one "T" intersection is converted to a 4-way intersection. This redesign appears to be preferable to the previous one in that it allows better traffic flow and enhances safety. This redesign has reduced the density by two lots, from 53 to 51. Lots 4,5,7 and 13 all have very limited structure footprint availability. This, predictably, will most likely create a situation that will require variance applications for decks, carports and/or garages and possibly the dwellings themselves. Staff feels this is an undesirable situation although platting of these lots cannot be denied. The County Engineer has indicated the need for a separate site plan for lot 13 and we concur with that requirement. Plan needs to reflect the requirement of Subdivision Ordinance Section 144-17 G. (2) that requires the portions of lots 18, 19 and 20 used as a temporary easement be officially returned -3- to the respective property owners when the turn around is no longer needed. The street names Robert Lane and Wrights Run Trail are used at other locations and must be changed in accordance with our street naming policy of not allowing same or phonetically same sounding names. The developer has addressed VDOT's concern over the stormwater detention facility. They have redesigned the facility so that the retention dam is not part of the road structure and will not impinge on the road right of way. The developer will be required to consummate an agreement with the property owner's association for maintenance of the detention structure. Since the redesign of the road layout is considered minor and an overall improvement, there is no impact on any property owner and the density has been reduced, the staff recommends that this application be considered without the requirement of submitting a revised master plan through the approval process. We would require that a revised plan reflecting the changed street layout be provided to staff for filing. STAFF RECOMMENDATIONS FOR JUNE 16 1993: Staff recommends approval with the following conditions: 1. That all review agency comments are adequately addressed. 2. That the plan be revised to reflect the walkway as required by the master plan. 3. That the master plan be revised to reflect the redesigned street layout and provided to staff for filing. APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: Application # ,�? �_� Fee Paid Applicant/Agent: J, E. J, 1% C.orJ�2ra �, Ur- Address: ��t-&tz +ELT �y4-C jZ?i2`/ jl• Z Z KS Phone: 7L?, - (o(BZ-$q3(o Owners name: Address: Phone: Please list names of all owners, principals and /or majority stockholders: Contact Person: G, hf, �; ��d,-d - ssr A440' 0, Phone: (o(o'%- Z13�? r Name of Subdivision:y i `We 1:2-1 L , Number of Lots j r Total Acreage 4c Property Location: 00(� k zd-SX, 1 Z-C) f- Give State Rt.#, distance and direction from intersec Magisterial District 0,2equni, 1 'y e Tax ID Number (GPIN) -94 - 4-P24 -7- J Property zoning and present use: ; 2 P USE . k ArS T Adjoining property zoning and use: L }-" Has a Master Development Plan been submitted for this project? Yes t'' No If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the MDP title? ) { V, IGeie �� �- CX ,a, �aJ 0 Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes: Minimum Lot Size (smallest lot) JOB 060 s.F Number and types of housing units in this development: Number Types S/ 1w9c,fle M1019133 OJEFTy OF, PLANNING 4ND MROMM C SUBDIVISION CHECKLIST The subdivision application is not complete if the items listed below are not present. If any items are missing the application will be returned to the applicant. It is recommended that the applicant meet with a member of the planning staff when submitting applications in order to review the materials for completeness. Submission Package 1. One set of comment sheets from the following agencies along with any marked copies of the plan: VDOT P)M4 Health Dept. Inspections Dept. Fire Marshal City of Winchester Sanitation Authority Parks & Recreation Winc. Regional Airport i� Town of Middletown Town of Stephens City Superintendent of Schools (Information Only) Lord Fairfax Soil & Water Conservation District County Engineer 2. 1 copy of the subdivision application 3. 15 copies of the plan on a single sheet 4. 1 reproducible copy of the plan (if required) 5. a 35mm. slide of the plan ac PRELIMINARY SUBDIVISION PLAN CHECKLIST The preliminary subdivision plan consists of a comprehensive view of the subdivision showing all lots, streets, utilities, etc. on a single sheet, drawn to a scale satisfactory to the County, and is to be accompanied by a complete set of detailed construction plans. title "Preliminary Subdivision Plan for it signature space for the Subdivision Administrator pages numbered and total number of pages on each page names of owner subdivider towns -))o— surveyor landmarks road/streets vicinity map of scale not less than one inch equals two thousand feet date of drawing topography north point scale(written & graphic) boundary survey magisterial district zoning and use of subject, and all adjoining property (include tax map or GPIN numbers) number of lots, surveyed boundaries and areas of all lots engineer or surveyor certification existing or proposed utilities or other easements any common space or land dedicated to public use streams and water courses _ drainage easements, drainage facilities with design details and calculations existing and proposed sewer and water facilities with design details locations of streets and right-of-ways with cross section and design details`'�� street and drainage facility grades showing elevations existing and proposed, at all street intersections, and af-1 v points of major grade change ' DEFT. OF MNNNN AND DEVELOPMERF -9- any relevant flood information including, but not limited to, one hundred year flood plain, flood erosion protection facilities, etc. environmental features (see MDP package) FINAL PLAT CHECKLIST The following checklist is provided to assist the applicant in insuring that all required information is provided. The form must be completed and submitted with the application and other required subdivision materials. If any of the items listed below are not included with the materials submitted, your application will not be considered complete and will not be accepted for filing. Check with the planning staff if you feel some element on the list does not apply to your situation. title "final plat for signature spaces for review agencies pages numbered and total number of pages on each page match lines names of owner subdivider towns surveyor landmarks road/streets date of drawing north point topography scale vicinity map scale not less than i" equals 2000' tax map number or GPIN of parent tract boundary survey engineer or surveyor certification public and private streets with names, numbers and widths 11 public areas - building restriction lines (setbacks) lot sizes in square feet p,\�- parking spaces culverts, manholes, drains and watercourses drainage easements, drainage layout including pipe sizes proposed connections to existing sewer and water -11- any land dedicated to public use a cross section showing proposed street construction street and drainage facility grades showing elevations existing and proposed, at all street intersections, and at points of major grade change location of flood districts or other relevant flood info a notarized signature statement of the owners consent if the property consists of separate tracts, the outline of the various tracts shown with dashed lines names of owners and their property lines, both within the boundary of the subdivision and adjoining said boundary accurate location and dimensions by bearings and distances with all curve data on all: ' lots street lines center lines of streets easements (proposed or existing) parks, school sites or other public areas numbers and area of all building sites 1 ;\ data of all curves along street frontage shown in detail at the curve or in a curve data table containing: delta radius arc tangent chord chord bearings -1 i- COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER September 16, 1993 Ms. Janet Williams C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Janet: cr� k h WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE(703)984-4133 FAX (703) 984-9761 Ref: Village at Sherando - Single Family Frederick County As requested, we have signed and are returning the referenced project's final subdivision plat. If we can be of further assistance, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosures xc: Mr. S. A. Melnikoff (w/ copy of plat) Mr. R. W. Watkins COPv?MOPdWEAd.'I'H of VgRQiNdA 04 DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN RESIDENT ENGINEER COMMISSIONER September 10, 1993 TELE (703) 984-4133 FAX (703) 984-9761 Mr. Ron Mislowsky, P.E. Ref: Village at Sherando - Single Family CIO G. W. Clifford & Associates, Inc. Route 277 200 North Cameron Street Frederick County Winchester, VA 22601 Dear Ron: This is to acknowledge receipt of your revised plans dated August 19, 1993 to the above referenced location. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT shall be conducted prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted,. such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. TRANSPORTATION FOR THE 21 ST CENTURY Mr. Ron Mislowsky Ref: Village at Sherando - Single Family September 10, 1993 Page #2 • If mailboxes are to be placed along the roadway fronting lots, a minimum of four (4') feet shall be between the edge of pavement and the front of mailbox as shown on the plan detait • Private entrances will be installed in accordance with our Standard CG-9D Specifications. This is the developer's responsibility. We strongly suggest the entrances be installed during placement of the curb and gutter. • Any signs to be installed will be in accordance with attachments. • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-A Stone. This will greatly reduce the possibility of any pavement settlement. • An agreement between VDOT and Frederick County to absolve the Department of any maintenance or liability of the detention basin will be required. This is the developer's responsibility. The executed agreement is needed before the street(s) is eligible for acceptance into the State's Secondary Road System. • We would appreciate three (3) additional sets of the plans for our files. Should you need additional information, do not hesitate to call. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Attachments xc: Mr. S. A. Melnik -off (w/ one copy of plans) Mr. T. L. Jackson Mr. K. E. Dellinger Mr. R. W. Watkins Mr. H. E. Strawsnyder Mr. Jim Longerbeam t16 C®M®NWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER September 10, 1993 TELE (703) 984-4133 FAX (703) 984-9761 Mr. Ron Mislowsky, P.E. Ref.- Village at Sherando - Single Family CIO G. W. Clifford & Associates, Inc. Route 277 200 North Cameron Street Frederick County Winchester, VA 22601 Dear Ron: This is to acknowledge receipt of your revised plans dated August 19, 1993 to the above referenced location. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT shall be conducted prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. TRANSPORTATION FOR THE 21 ST CENTURY Mr. Ron Mislowsky Ref Village at Sherando - Single Family September 10, 1993 Page #2 • If mailboxes are to be placed along the roadway fronting lots, a minimum of four (4') feet shall be between the edge of pavement and the front of mailbox as shown on the plan detail. • Private entrances will be installed in accordance with our Standard CG9D, Specifications. This is the developer's responsibility. We strongly suggest the entrances be installed during placement of the curb and gutter. • Any signs to be installed will be in accordance with attachments. • I suggest any utilities andlor storm sewer placed within the proposed right-of-way be baclfzlled completely with C.R. Type 21 A Stone. This will greatly reduce the possibility of any pavement settlement. An agreement between VDOT and Frederick County to absolve the Department of any maintenance or liability of the detention basin will be required. This is the developer's responsibility. The executed agreement is needed before the street(s) is eligible for acceptance into the State Is Secondary Road System. • We would appreciate three (3) additional sets of the plans for our files. Should you need additional information, do not hesitate to call. Sincerely, William H. Bushman Trans. Resident Engineer 6�z. e4exz�" By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBClrf Attachments xc. Mr. S. A. Melnikoff (w/ one copy of plans) Mr. T. L. Jackson Mr. K. E. Dellinger Mr. R. W. Watkins Mr. H. E. Strawsnyder Mr. Jim Longerbeam I COMMONWEALTH of VIRGINIA 57> DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN RESIDENT ENGINEER COMMISSIONER June 28, 1993 TELE (703) 984.4133 FAX (703) 984-9761 Mr. Ron Mislowsky, P.E. Ref: Village at Sherando - Single Family C/O G. W. Clifford & Associates, Inc. Route 277 200 North Cameron Street Frederick County Winchester, VA 22601 Dear Ron: Upon further review of the above referenced site plan dated May 3, 1993 please find our comments as follows and marked in red on the enclosed set of plans. 1. Adequate right-of-way will need to be provided to enclose the sidewalk and handicap ramps at the Rosie Court intersection with Ivory Drive. 2. Structure No. 5 will need to be changed to a Type DI-3C. 3. The cul-de-sac on Robert Lane should have 40' EP and 50' right-of-way radii. An easement is needed on Lot 19 to enclose the ditch and pipe. 4. Page No. 2 is numbered incorrectly. 5. Contours on the detention pond dam do not agree with the typical section. 6. Culvert No. 20 should be increased to a 15 diameter and changed to either R.C.P. or asphalt coated C.M.P. End sections will also be required. 7. Although the detention basin has been redesigned we still regard the new layout to be a subdivision road acting as a dam. We do not routinely accept such roads. If the developer is insistent on the basin be located upstream of Ivory Drive as shown with a continuous storm sewer through the dam and the road fill, we will agree to it provided certain conditions are met: A. The pipe through the dam and road fill is sized as a regular culvert without regard to the benefits of storage from the basin. In this case the diameter of Culverts 2, 3 and 4 should be at least 48". TRANSPORTATION FOR THE 21ST CENTURY Mr. Ron Mislowsky n Ref: Village at Sherando -Single Family , JUN1993 June 28, 1993 RECEIVED 0,1 e #2 DEFT, Pa OF g AND ©p B. Any control devices are sufficiently separated from the inlet end of the pipe so as not to affect the pipe's performance and maintenance. A rectangular weir wall with orifices, notches, etc. can be used around the inlet end to control the performance of the basin. C. That there are no dam stability or traffic safety concerns. Please revise and resubmit three (3) copies for further review. Should any changes be deemed necessary, please design them to meet or exceed the above recommendations. Should you have any questions concerning the above, please feel free to give me or Mr. T. L. Jackson a call. Sincerely, William H. Bushman Trans. Resident Engineer Q4,.,16. llel�- By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosures xc: Mr. T. L. Jackson Mr. S. A. Melnikoff Mr. R. W. Watkins Mr. H. E. Strawsnyder _ r COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER April 28, 1993 RESIDENT ENGINEER TELE (703) 984-4133 FAX (703) 984-9761 Ms. Janet Williams Ref: Village at Sherando, Single Family C/O G. W. Clifford & Associates, Inc. Route 277 200 North Cameron Street Frederick County Winchester, VA 22601 Dear Janet: As requested we have reviewed the above referenced site plan dated March, 1993. Our recommendations may be , found on the enclosed plans marked in - red and as follows: 1. The proposed pavement design appears adequate. However, the aggregate base of Rosie Court, Wright's Run Trail and Robert Lane should be primed at the application rate shown. 2. An easement will need to be provided to enclose the temporary turnaround and its pavement design specified. 3. To avoid maintenance problems, we ask the widths of the three (3) cul-de-sacs be increased to a minimum 30' from face to face of curb. If not, on street parking will need to be prohibited by Frederick County. 4. The width of Robert Lane may need to be upgraded to- a minimum of 36' depending on future development past the temporary cul-de-sac. You will need to provide us with information on the adjacent Strosnider Property to justify your proposed design. The EP radii at the Robert Lane intersection with Ivory Drive should be increased to 50' . 5. The proposed 4' sidewalk should be extended around the radii of Rosie Court and Robert Lane so standardradial type CG-12 handicap ramps can be installed. The right-of-way will also need to be adjusted to accommodate the sidewalk. 6. A standard ES-1 end section should be provided on the outfall pipe from Structure No. 1 and are recommended on all others. 7. A drainage easement will need to be provided to enclose Structure No. 5. S. Structures 11 and 12 should be changed from DI-l's to DI-7's. The other DI=1's are satisfactory. 9. Structures 4, 5 and 6 should be revised as shown. TRANSPORTATION FOR THE 21 ST CENTURY 1 Ms. Janet Williams Ref: Village at Sherando, Single Family April 28, 1993 Page #2 10. Structure 7 (Sheet 2) and Drainage Area "D" (Sheet 3) should be labeled. 11. CD Underdrains should be added at all vertical sags as shown. 12. To eliminate approximately twelve (12) underground road crossings, the proposed water service laterals should be "double barrelled" in the same trench at appropriate property lines. This installation method was previously approved by >]Vrederick County Sanitation Authority in the adjacent Deer Run development. 13. Standard VDOT stop signs are to be provided at the locations noted. 14. . The proposed standard CG-9C entrance, gutter should not be considered in the design of this project. Standard CG-9D entrance gutters will be required and we strongly suggest they be installed during curb & gutter installation. 15. As designed, Ivory Drive at Station 4+00 is part of a dam for a basin. Even though only a detention basin and not a retention basin, VDOT still considers it a significant liability and the Department will not accept such roads into the State Secondary Road System. One scenario in which subdivisions with such roads can be approved, is where VDOT does not own the right-of-way over the dam but only has an easement. VDOT maintains the pavement but has no liability or maintenance for the dam. This process has numerous requirements including certain agreements with the county and developer in addition to the normal stormwater detention agreement. We recommend the subdivision be redesigned with any detention basins on the downstream side of the roads; simply shifting the face of the darn farther upstream will not make it acceptable. Please revise the plans in accordance with the above recommendations and resubmit three (3) copies for further review. Should any changes be deemed necessary, please design them to meet or exceed the above comments. Should you have any questions, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosure xc: Mr. T. L. Jackson, Mr. S. A. Melnikoff, Mr. R. W. Watkins, Mr. H. E. Strawsnyder, Mr. James L. Longerbeam COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 , RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER April 28, 1993 TELE (703) 984-4133 FAX (703) 984-9761 Ms. Janet Williams Ref: Village at Sherando, Single Family C/O G. W. Clifford & Associates, Inc. Route 277 200 North Cameron Street Frederick County Winchester, VA 22601 Dear Janet: As requested we have reviewed the above referenced site plan dated March, 1993. Our recommendations may be found on the gnclosed plans marked in red and as follows: 1. The proposed pavement design appears adequate. However, the aggregate base of Rosie Court, Wright's Run Trail and Robert Lane should be primed at the application rate shown. 2. An easement will need to be provided to enclose the temporary turnaround and its pavement design specified. 3. To avoid maintenance problems, we ask the widths of the three (3) cul-de-sacs be increased to a minimum 30' from face to face of curb. If not, on street parking will need to be prohibited by Frederick County. 4. : The width of Robert Lane may need to be upgraded to a minimum of 36' depending on future development past the temporary cul-de-sac. You will need to provide us with information on the adjacent Strosnider Property to justify your proposed design. The EP radii at the Robert Lane intersection with Ivory Drive should be increased to 50' . 5. The proposed 4' sidewalk should be extended around the radii of Rosie Court and Robert Lane so standard radial type CG-12 handicap ramps can be installed. The right-of-way will also need to be adjusted to accommodate the sidewalk. 6. A standard ES-1 end section should be provided on the outfall pipe from Structure No. 1 and are recommended on all others. 7. A drainage easement will need to be provided to enclose Structure No. 5. 8. Structures 11 and 12 should be changed from DI-l's to DI-7's. The other DI-1's are satisfactory. 9. Structures 4, 5 and 6 should be revised as shown. TRANSPORTATION FOR THE 21 ST CENTURY Ms. Janet Williams Ref: Village at Sherando, Single Family April 28, 1993 Page #2 10. Structure 7 (Sheet 2) and Drainage Area "D" (Sheet 3) should be labeled. 11. CD Underdrains should be added at all vertical sags as shown. 12. To eliminate approximately twelve (12) underground road crossings, the proposed water service laterals should be "double barrelled" in the same trench at appropriate property lines. This installation method was previously approved by Frederick County Sanitation Authority in the adjacent Deer Run development. 13. Standard VDOT stop signs are to be provided at the locations noted. 14. The proposed standard CG-9C entrance gutter should not be considered in the design of this project. Standard CG-9D entrance gutters will be required and we strongly suggest they be installed during curb & gutter installation. 15. As designed, Ivory Drive at Station 4+00 is part of a dam for a basin. Even though only a detention basin and not a retention basin, VDOT still considers it a significant liability and the Department will not accept such roads into the State Secondary Road System. One scenario in which subdivisions with such roads can be approved, is where VDOT does not own the right-of-way over the dam but only has an easement. IVDOT maintains the pavement but has no liability or maintenance for the dam. This process has numerous requirements including certain agreements with the county and developer in addition to the normal stormwater detention agreement. We recommend the subdivision be redesigned with any detention basins on the downstream side of the roads; simply shifting the face of the dam farther upstream will not make it acceptable. Please revise the plans in accordance with the above recommendations and resubmit three (3) copies for further rgview. Should any changes be deemed necessary, please design them to meet or exceed the above comments. Should you have any questions, please let me know.za.., Sincerely, William H. Bushman Trans. Resident Engineer .nay NI �4r QObj-a'-t. �Oi1►ed,dJ `' By: RobertB. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf 'Enclosure xc: Mr. T. L. Jackson, Mr. S. A. Melnikoff, Mr. R. W. Watkins, Mr. H. E. Strawsnyder, Mr. James L. Longerbeam '8 t'aR0. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER March 31, 1993 TELE (703) 984-4133 FAX (703) 984-9761 Mr. W. Wayne Miller, Subd. & Zoning Admin. Ref: Village at Sherando - Single Family Frederick County Route 277 P. O. Box 601 Frederick County Winchester, VA 22604 Dear Wayne: As discussed by phone today I am writing to express our concern of the proposed 24' street width of Rosie Court, Wright's Run Trail and Robert Lane in the referenced subdivision. For tertiary streets such as these the normal minimum street width is 30' from face to face of curb. This allows for adequate on street parking. However, our design standards also allow for the street width to be reduced to 24' from face to face of curb provided on street parking is prohibited. Our specific concern is even if parking is prohibited, the possibility exists for illegal parking to occur. This, I am afraid, would severely hamper our routine maintenance operations not to speak of extenuating circumstances such as snow removal operations during a blizzard like the one we experienced a few weeks ago. As I previously stated our design standards do allow for a 24' wide tertiary street. However, to protect the Department from possible liability we will require a guarantee, executed by the appropriate party on behalf of the Board of Supervisors stating the County will restrict parking on the subject streets prior to our approval of this site plan. Should you have any questions or want to discuss the matter further, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer ( IA& ZV-0/-4-- By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf xc: Mr. T. L. Jackson Mr. John R. Riley Mr. H. E. StraWSllydeTRANSPORTATION FOR THE 21 ST CENTURY t. REQUEST FOR SUBDIVISION COMMENTS �jf1 Frederick County Sanitation Authori� ,y 'Attn: Engineer DirectorEL --Y-_-f 199 Front Royal Pike P.O. Box 618 --- Winchester, Virginia 22604 (703) 665-5690 The Frederick County Sanitation Authority is located on U.S. 522 South, one tenth of 'a mile from the U.S. 50 North intersection, if you prefer to hand deliver this review. R$7060Aov To Applicant's name, address and phone number: tr w elllrAv#I All Na�mel of development /and/or description of the 'request: 1 // l !i? /1 T 71G✓11 .n/1 n v�%�'� a"" i I. �I I Wi I a /<<! n rn Location: 7-77, behen,2 Jeffe,� V,110�- 0-nd Pee K 12U, Oer ,id -a d ✓� S�or�s Sanitation Authority Comments: 1s7-#q,EV1drt r- 0?a 4r-W s • Cad Fcs 09& SPAM A Sanitation Authority Signature & Date: Iy �� (NOTICE TO SANITATION AUTHORITY * RX.JM THIS FORM TO APPLICANT.) It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach X7-copy of your application form, locatio: all other pertinent information. REOUEST FOR SUBDIVISION COMMENTS Frederick County,Inspections Department ATTN: Building Official P.O. Box 601 Winchester, Virginia 22601 (703) 665-5650 The Frederick County Inspections Department is located at 9 North Loudoun St., 2nd Floor of the Hammon Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, -address and phone numbe.: J.E.J.P. Corporation Rt. 1, Box 198 Stephenson, Va 22656 (703)662-8936 Aaent: G.W. CLIFFORD & ASSOC. 200 N. Cameron St. Winchester, Va 22601 Attn: Janet Williams (703) 667-2139 Name of development and/or description of the request: Villaae @ Sherando Single Family - Subdivision Approval ` Location: North of S.R. 277, between Jefferson Villaae and Deer Run Subdivision Inspections Department Comments: Building shall comply with the Virginia Uniform Statewide Building Code and Section 309, Use Group R (residential) of the BOCA National Building Code/1990. Inspect. Signature & Date: n (NOTICE TO INSPECTIONS - P E RETURIS THIS FORX TO AGENT.) NOTICE TO APPLICANT F It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also please attach a copy of your plans and/or application form. P7 �� 4 M y1993 DEM OF, p, prtN�N� �_ AND DEVELO FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No . ,C=9 C _ Date Received 032492 Date _.- Reviewed tvE9 92 Applicant Name G. W. Clifford & Assoc. Address 200 N. Cameron Street Winchester, titA 22601 Project Name Village @ Sherando Phone No. 703-667-2139 Type of Application Subdivision Current Zoning RP ist ::sue Fire Co. 11 Ist Due Rescue Co. 1i Election District Shawnee RECOMMENDATIONS Automatic Sprinkler System Residential Sprin ler System Automatic Fire Alarm System x Other Emergency Vehicle Access; Adequate n Inadequate Fire Lanes Required; yes Comments Not identified No rt RoadwaylAisleway Widths: Adequate x Inadequate Not Identified Special Hazards Noted; Yes No ;d Comments: 07. Hvdrant Locations: Adequate X Inadequate Not Identified Siamese Connection Location; Approved Not Approved Not Identified X --- ---' --- Additional Comments: A> Add the following to construction notes: 1. Burning of land clearing debris requires permit from Fire Marshal's Office. 2. Burning of construction debris, on site, is not permitted 3. Access for emergency vehicles must be maintained at all times during construction. B) Post temporary street address signs at each site as construction begins. C> Developer must ensure that driveways to houses do not allow parked vehicles to impeade access to fire hydrants. M> Hydrants are not to be obstructed at any time with construction material ' storage or stockpiling. ' — - _-- ^ Review Time -1 h - - - - - - - - PLANS APPROVED. FIRE MARSHAL, FREDERICK COUNTY Douglas A. Kiracofe Fire Marshal - - - - � ~ REOUEST FOR REZONING: COMMENTS Lord Fairfax Soil & Water Conservation District 2045-B valley Avenue Winchester, Va 22601 (703)662-3312 The Soil & Conservation Office is located at 2045-B Valley Ave, Winchester, Va, if you prefer to hand deliver this review form. Applicant's name, address and phone number: JjE.J.P. Corporation Rt. 1—Box 198 Stephenson, Va 22656 (703)662-8936 Accent: G.W. CLIFFORD & ASSOC. 200 N. Cameron St. Winchester, Va 22601 Attn: Janet Williams (703) 667-2139 Name of development and/or description of the request: Village @ Sherando Single Family - Subdivision Approval 1 R Location: Soilj& Water Conservation Comments: LA - Soil Signature & Date: (NOTICE TO SOIL - PL S RETURN THIS( TC�i A ENT.) \WTI E TO APPLICANT it is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form.. E. A REQUEST FOR SUBDIVISION COMMENTS Frederick County Parks and Recreation Department ATTN: Director of Parks & Recreation P.O. Bog 601 Winchester, Virginia 22601 (703) 665-5678 The Frederick County Parks & Recreation Department is located on the second floor of the Frederick County Administration Building, 9 Court Square, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: J.E.J.P. Corporation Rt. 1, Box 198 Stephenson, Va 22656 (703) 662-8936 Agent: G.W. CLIFFORD & ASSOC. 200 N. Cameron St. Winchester, Va 22601 Attn: Janet Williams (703) 667-2139 Name of development and/or description of the request: Village @ Sherando Single Family - Subdivision Approval Location: North of S.R. 277, between Jefferson Village and Deer Run Subdivision Parks & Recreation Department Comments: The June 14 revised site utility plan of Village at Sherando appears to meet open space and recreational unit requirements. However, I would suggest that the county, through utilization of grant monies, be allowed to increase the sidewalk from four to eight feet in width. Increasing the width of the sidewalk will enable us to accommodate bicyclists as well as pedestrians and serve as a portion of a comprehensive trail system connecting several developments on the north side of Rt. 277 with Sherando Park and Sherando High School south of Rt. 277. Parks Signature and Date: (NOTICE TO/PARKS - PLEASE RETURN THIS FORM TO THL AGENT.) NOTICE TO APPLICANT It is Vur responsibility to complete this form as accurately as po order to assist the agency with their review. Also, please att as copy 'bf`N your plans and/or application form. '] REQUEST FOR SUBDIVISION COMMENTS Frederick County Parks & Recreation Department ATTN: Director of Parks & Recreation P.O. Box 601 Winchester, Virginia 2.2601 (703) 665-5678 The Frederick County Parks & Recreation Department is located on the second floor of the Frederick County Administration Building, 9 Court Square, Winchester, if you prefer to hand deliver this review form. r Applicant's name, address and phone number: J.E.J.P. Corporation Rt. 1, Box 198 Stephenson, Va 22656 (703)662-8936 Agent: G.W. CLIFFORD & ASSOC. 200 N. Cameron St. Winchester, Va 22601 Attn: Janet Williams (703) 667-2139 Name of development and/or description of the request: Villaae @ Sherando Single Family - Subdivision Approval Location: North of S.R. 277, between Jefferson Village and Deer Run Subdivision Parks & Recreation Department Comments: Plan appears to meet open sppace requirements. However, a walkway/bikeway system that has-been discussed with G. W. Clifford and Assoc. does not: appear on the plan. The intent of'the walkway/bikeway system is to provide a collector for the residents of the new developments paralleling Rt. 277 between Rt. 641 and Sherando Park. It is anticipate4 by this department that a collector of this; type will help alleviate pedestrian and bicycle traffic on Rt. 277 and provide children with safer access to Sherando Park and Sherando High School. Parks Signature and/A ate: 3/25/93 (NOTICE TO PARKS LEASE RETURN THIS FORM TO THE AGENT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Als 161718J , please attach a copy of your plans and/or application form. M 1993 12 V DEFT. OF MNNINC T AND DEVEL"EtNT N i COUNTY of FREDERICK Harvey E. Strawsnyder, Jr., P.E. Director of Public Works 9 North Loudoun St., 2nd Floor 703/665-5643 July 8, 1993 Mr. Ron Mislowsky, P.E. Gilbert W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Village at Sherando Single Family Homes Dear Ron: Your May 11, 1993, revisions have adequately addressed our previous comments. Consequently, we recommend approval of the proposed erosion and sediment control plan and the related stormwater management plan. Please remind the developer that a detailed site plan will be required for lot 13 prior to issuance of a building permit. Sincerely, Harvey E Strawsnyder, Jr., P.E. Director of Public Works HES:rls cc: Wayne Miller, Zoning Administrator file Fax: 703/678-0682 - P.O. Box 601 - Winchester, Virginia - 22604 s, Y i oll COUNTY of FREDERICK Harvey E. Strawsnyder, Jr., P.E. Director of Public Works 9 North Loudoun St., 2nd Floor 703/665-5643 May 6, 1993 Mr. Ron Mislowsky, P.E. Gilbert W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Village at Sherando Single Family Homes Dear Ron: We have completed our review of the referenced project and offer the following comments: Stormwater Management 1) Explain why a weighted "C" value of 0.26 was adopted for the 49 acre area draining through Georgetown Court. 2) Demonstrate that the proposed stormwater management plan will offset the additional stormwater flows created by the Village at Sherando single family homes and the new patio homes. This can be accomplished by reducing the allowable ten (10) year storm flows routed through the detention pond by an amount equal to the increase in runoff derived from the new development downstream of the detention area. 3) Refer to the drainage area tabulation. It is suggested that a "C" value of 0.4 be adopted for drainage areas H, K, L, O and R to correspond to typical subdivision values in the Martinsburg shale. 4) The typical detention structure detail indicates a berm width of eight (8) feet. This width should be revised to reflect the actual width of the proposed roadway. This detail is shown on sheet 6 of 8. Also, indicate on sheet 6 of 8 the location of the emergency overflow within Ivory Drive. Erosion and Sediment Control 1) The erosion and sediment control plan as described in the narrative is approved as submitted. We suggest that this Fax: 703/678-0682 - P.O. Box 601 - Winchester, Virginia - 22604 Mr. Ron Mislowsky Page Two May 6, 1993 narrative be included with the construction documents for the contractor's use in implementing the plan. Design Drawings Sheet 3 of 8 1) Provide Class II rip -rap at the outlet of the 36 inch RCP. 2) Based on our review of the proposed subdivision plan, it appears that the development of lot number 13 will be very limited. Consequently, we recommend that a detailed site plan be prepared for this lot indicating the house plan, driveway entrance and propose finished grades. 3) Delineate the 100 year flood plain along Wrights Run. This will insure that the houses on lots 40 through 44 are not constructed within the 100 year flood plain. Please contact me if you have any questions regarding the above comments. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES:rls cc: Wayne Miller, Zoning Administrator � file C ti MAY 7�4 1993 i COUNTY of FREDERICK May 6, 1993 Mr. Ron Mislowsky, P.E.. Gilbert W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Village at Sherando Single Family Homes Dear Ron: Harvey E. Strawsnyder, Jr., P.E. Director of Public Works 9 North Loudoun St., 2nd Floor 703/665-5643 RLF-W DEP IPM141"t AND DE#9 OPN M We have completed our review of the referenced project and offer. the following comments: Stormwater Management 1) Explain why a weighted "C" value of 0.26 was adopted for: the 49 acre area draining through Georgetown Court. 2) Demonstrate that the proposed stormwater management plan will offset the additional stormwater flows created by the. Village at Sherando single family homes and the new patio homes. This can be accomplished by reducing the allowable ten (10) year storm flows routed through the detention pond by an amount equal to the increase in runoff derived from - the new development downstream of .the detention area. 3) Refer to the drainage area tabulation. It is suggested. that a "C" value of 0.4 be adopted for drainage areas H, K, L, O and R to correspond to typical subdivision values in the Martinsburg shale. 4) The typical detention structure detail indicates a berm width of eight (8) feet. This width should be revised to reflect the actual width of the proposed roadway., This detail is shown on sheet 6 of 8. Also, indicate on sheet 6 of 8 the location of the emergency overflow within Ivory Drive. Erosion and Sediment Control 1) The erosion and sediment control plan as described in the narrative is approved as submitted. We suggest that this Fax: 703/678-0682 - P.O. Box 601 - Winchester, Virginia - 22604 Mr. Ron Mislowsky Page Two May 6, 1993 narrative be included with the construction documents for the contractor's use in implementing the plan. Design Drawings Sheet 3 of a 1) Provide Class II rip -rap at the outlet of the 36 inch RCP. 2) Based on our review of the proposed subdivision plan, it appears that the development of lot number 13 will be very limited. Consequently, we recommend that a detailed site plan be prepared for this lot indicating the house plan, driveway entrance and propose finished grades. 3) Delineate the 100 year flood plain along Wrights Run. This will.insure that the houses on lots 40 through 44 are not constructed within the 100 year flood plain. Please contact me if you have any -questions regarding the above comments. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES:rls cc: Wayne Miller, Zoning Administrator file FILE COPY i COUNTY of FREDERICK I April 7, 1993 Virginia Department of Transportation P.O. Box 278 Edinburg, VA 22824 ' 117alttwli Dear Bob: Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 This is in response to your March 31, 1993 letter concerning the width and parking restrictions for the streets in the single family portion of Village at Sherando. Since state regulations permit the construction of streets with 24' from face to face of curb, we cannot deny the developer the right to build to that standard. Moreover, we support narrow streets because it cuts down on the amount of impervious surfaces we create. Restriction of parking on these streets is a separate issue. We can require the developer to install "no parking" signs on the streets or go to the 30' width option. Realizing that the signs will not necessarily restrict the parking on the streets, there is a mechanism in place, in the form of law enforcement, to insure that the no parking option is observed once these streets are accepted into the state secondary system. I will be available to answer any questions you may have. Sincerely, fW . ayne Miller Zo g Administrator WWM/slk cc: Mr. James L. Longerbeam Sheriff Robert Williamson Ron Mislowsky, G. W. Clifford & Associates 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 i ILE COPY i COUNTY of FREDERICK I April 7, 1993 Virginia Department of Transportation P.O. Box 278 Edinburg, VA 22824 Dear Bob: Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 This is in response to your March 31, 1993 letter concerning the width and parking restrictions for the streets in the single family portion of Village at Sherando. Since state regulations permit the construction of streets with 24' from face to face of curb, we cannot deny the developer the right to build to that standard. Moreover, we support narrow streets because it cuts down on the amount of impervious surfaces we create. Restriction of parking on these streets is a separate issue. We can require the developer to install "no parking" signs on the streets or go to the 30' width option. Realizing that the signs will not necessarily restrict the parking on the streets, there is a mechanism in place, in the form of law enforcement, to . insure that the no parking option is observed once these streets are accepted into the state secondary system. I will be available to answer any questions you may have. Sincerely, fW . ayne Miller Zo g Administrator WWM/slk cc: Mr. James L. Longerbeam Sheriff Robert Williamson Ron Mislowsky, G. W. Clifford & Associates 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 October 27, 1993 G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Attn: Ron Mislowsky, P.E. Dear Ron: The enclosed plats for Village at Sherando, Section II, are being returned due to their not being in compliance with the subdivision ordinance. Request you correct the following items and resubmit: 1. Include a graphic scale (144-37 D.). 2. The zoning and use of all land to be subdivided and all adjoining land (144-37 H.). 3. The location of required setback lines on each lot (144-37 R. ). 4. The location and description of monuments and markers (144-37 U.). 5. The signature of the owner, certifying ownership of the property (144-37 W.). 6. The required bike path needs to be shown so that people buying these lots do not get any surprises. 7. Also, the bike path and required sidewalks are not depicted on the large subdivision plan and the street names are also incorrect. Request you make the appropriate corrections and resubmit the plat and plans. 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Page -2- R. Mislowsky October 27, 1993 I will be available to answer any questions you may have. Sin rely, . W ne Miller Zonin Administrator WWM/slk enclosure Frederick County Sanitation 'hority Post Office Box 618 - WINCHESTER, VIRGINIA 22601 LCEUUT OF TRUMMUL Phone 665-5690 TO 4;" W CZ-/15'5::Pi44 V�A5_5 a IA'-(' WE ARE SENDING YOU C9*Attached ❑ Under separate cover via DATE ATTENTION Off/ /h/SG0W RE: ❑ Shop drawings F±�rints ❑ Plans ❑ Samples ❑ Copy of letter ❑ Change order ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE ❑ Approved as submitted e' Approved as noted ❑ Returned for corrections 19 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS .2, C0101ES /94 / cagy /G 4L5'i1c , 93 COPY TO n � SI�;� PRODUCT 240 eBs I., ems. M— Olan. If enclosures are not as noted, kindlus at once. Subd. Vil 4t 02- 3 'g 99 age at Sherando S�ng1t ,Am+7y Opequon District