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HomeMy WebLinkAbout20-03 Village at Harvest Ridge 84 Lots Back Creek - Backfilek& Subdivision Checklist I P r 1. Comment sheets from the following agencies, along with any marked copies of the plan: ✓ VDOT f/ City of Winchester V' GIS (Road Name Review) NA t,S j P Health Department Inspections Department Parks & Recreation �,A, Fire Marshal _,� County Engineer 2. One copy of the subdivision application LlIZ02 Application received. �Q l o Fee paid (amount: $ JLob Information entered in d-BASE and Reference Manual File given to Renee' to add to Application Action Summary Plat(s) signed by Subdivision Administrator 41� Approval letter to applicant/agent Copy of final subdivision plat(s) [with signatures] made and given to rapping f and Graphics Manager for structure numbering assignment �bA Updated d-BASE and Reference Manual File given to Renee' -to update Application Action Summary Final plat(s) submitted with review agency signatures along with: -.--.-----.Recorded deed of dedication --- --- - - -- -- Bond estimate (if required) $ O \Operations Maoualtubdivision.trk Revised. b/24/02 e 'AlN a ❑ C\V , f� q , >�I m o L LL .0 -y LL zno o w! m OC Q - LL Log- G (OAS) tO= VA ti aMHDt 3M Y*Oq lLl WON LOt 1N3PdO13A33 18 !DNINNV"ld E- U l E380 500 Q 0 Le I/oal/OfFor sf it � 9,Poo i U400043464 000 0 15 3 Y. 040019308 THIS DEED OF DEDICATION, made this 3t 5I- day of August, 2004, by GREYSTONE DEVELOPERS, INC., a Virginia stock corporation, hereinafter called the DECLARANT or GRANTOR, whether one or more, party of the first part, and CITY OF WINCHESTER, VIRGINIA, (herein called the City), party of the second per• WHEREAS, the Grantor is the owner in fee simple of the real estate shown on that certain Final Subdivision Plat drawn by Randy A. Stowers, L.S., dated May 7, Q 2004, known as H VILLAGE AT HARVEST RIDGE, SECTION 1 Which Final Subdivision Plat is attached hereto and incorporated herein by reference as if set out in full; and, WHEREAS, said real estate, as shown on the aforesaid attached Final Subdivision Plat, has been subdivided into lots for construction of single-family homes thereon (Lots 1 through 6 inclusive) and the hereinabove referenced Final Subdivision Plat shows accurately the metes and bounds of the subdivided land, together with the subdivision to be used as open space, streets, utility easements, bingress, egress, and drainage easements, all of which shall constitute a portion o f that N development known as Village At Harvest Ridge, Section I and which common areas shall be owned and/or maintained by the Village At Harvest Ridge Homeowners Association, Inc., upon the terms and conditions as set forth hereinafter; and, WHEREAS, the Grantor now desires to subdivide the same into lots to be known as Village At Harvest Ridge, Section 1. The subdivision of said real estate, as it now appears on the aforesaid attached Final Subdivision Plat, is with the free 0 consent and in accordance with the desires of the undersigned Grantor, and the b o Grantor further desires to subdivide the aforesaid real estate in accordance with the U Law Offices Gropes & McCarthy 132 S. Cameron St. Winchester, VA 1 6S 0 b a 0 U Law offices Grove' & McCarthy 132 S. Cameron St. Winchester, VA 000 0104 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 the Dedication, the Grantor does hereby subdivide all of the certain tract or parcel of land designated as Village At Harvest Ridge, Section 1, lying and being situate in Frederick County, Virginia, and being more particularly described by that certain Final Subdivision Plat of Village At Harvest Ridge, Section 1, drawn by Randy A. Stower, L.S., dated May 7, 2004, containing Lots 1 through 6 inclusive, which Final Subdivision Plat is attached hereto and incorporated herein by reference as if set out in full. All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real and 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 Village at Harvest Ridge Homeowners Association. Inc., a non -stock Virginia Corporation, its successors and assigns. Section 2. "Common Area" shall mean and refer to that certain real property described as "open space" in Village At Harvest Ridge, Section 1, and such additions thereto as may hereafter be brought within the jurisdiction of the Company. Section 3. "Lot" shall mean and refer to any of the Lots (lots 1 through 6, inclusive, designated upon the final plats of Village At Harvest Ridge, Section 1), with the exception of the open space, defined as "Common Areas" hereinabove. 2 • Q H r. 0 Q 0 U Law Offices Groves & McCarthy 132 S. Cameron St. Winchester, VA 000 01S5 Section 4. "Member" shall mean and refer to every person or entity that holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of Village At Harvest Ridge, Section 1, as shown on the hereinabove- referenced final plats, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" or "Grantor" shall mean and refer to Greystone Developers, Inc., a Virginia stock corporation, 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 that is subject to assessment by the Association. Ownership of such lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS The Association shall have two classes of voting membership: Class A: Except for the Grantor (which shall initially be a Class B member), the Class A members shall be all of the Owners of the Lots. Each Class A member shall be entitled to one vote per Lot for each Lot owned by it, in all proceedings in which action shall be taken by members of the Association. Class B: The Class B member shall be the Grantor and any owner to whom the Grantor assigns such voting rights at the time of conveyance of Lots to that parry. The Class B member shall be entitled to three votes per Lot for each Lot owned by it, in all proceedings in which action shall be taken by members of the Association. A h c� 604 tr 0 b a a U Law Offices Groves & McCarthy 132 S, Cameron St. Winchester, VA 000 0156 The vote of any Class A member comprised of two or more persons, or other legal entities, or any other combination thereof, shall be cast in the manner provided for in the Articles of Incorporation of the Association, or as the several constituents may determine, but in no event shall all such constituents cast in the aggregate more than one vote per Lot for each Lot owned by them. The Class B membership in the Association shall cease and be converted to Class A membership in the Association on the ninth anniversary of the date of this Declaration; provided, however, that the Class B Membership shall be revived (and the Grantor shall again be entitled to three votes for each Lot owned by the Grantor) during any periods of time occurring before the ninth anniversary of the date of the Declaration, when, by reason of the annexation of additional land as part of the Property, additional Lots owned by the Grantor exist which, when added to the other Lots then owned by the Grantor, would result in the Grantor having more than 50% of the votes of the Association were the Grantor to have three votes for each Lot owned by the Grantor instead of only a single vote for each Lot owned by the Grantor. BOARD OF DIRECTORS The affairs of the Association shall be managed by a board of not less than five (5), but no more than nine (9) directors, who must be members of the association. The initial board of directors shall be appointed by the Declarant herein and serve until the first annual meeting following conveyance of the first lot in Village At Harvest Ridge, Section 1, to a grantee other than Greystone Developers, Inc. or Oakcrest Builders, Inc.; thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. TREASURER The board of directors shall decide whether or not the Treasurer of the association shall be bonded with surety; and if so, the expense of such a fidelity bond for the treasurer to be borne by the Association. 4 I Law Offices Groves & McCarthy 132 S. Cameron St, Winchester, VA 000 0157 ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section I. Members' Easements of Enjoy 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 "Common Areas", the lots owned shall be given notice of any such proposed mortgage of said "Common Areas" as set forth in Paragraph (c), infra. (b) The rights of the Association to suspend the voting rights and the right to the use of the "Common Areas" by a member for any period during which any assessment against his lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than thirty (30) days nor more than sixty (60) days in advance. (d) Any and all other rights or privileges conferred upon the Association by the laws of the Commonwealth of Virginia. Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. 5 A_ H 0 b R t~ U Lew Offices Groves & McCarthy 132 S, Cameron St, Winchester, VA 000 0158 Section 3. Title to the "Common Areas": The Declarant, or such other entity as is invested with title at the time of conveyance, hereby covenants that fee simple title to the common open space and parking areas (referred to hereinabove as "Common Areas") will be conveyed to the Association free and clear of all liens and encumbrances prior to the conveyance of the first lot in Village At Harvest Ridge, Section 1, to a grantee other than Greystone Developers, Inc. or Oakcrest Builders, Inc. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section I. Assessments: The Declarant, for each lot owned, hereby covenants, and each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay the association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected 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 of the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. 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" including the private streets and rights of way, specifically including, but not limited to, payment of real estate taxes, repairs, removal of snow from association -owned and maintained parking areas and streets within said subdivision, maintenance and repair of any drainage and detention facilities, maintenance of street lights and payment of all utility charges therefore, maintenance and repair of utility and drainage easements, maintenance, and C 0 b R 0 U Law Offices Groves & McCarthy 132 S. Cameron St. Winchester, VA 000 0159 services and facilities devoted to the aforesaid purposes and expenses related to the use of and enjoyment of the "Common Areas"; and further, for the purpose of promoting the recreation, health, safety and welfare of the residents in the "Common Areas" of Village At Harvest Ridge. Section 3. Basis and Maximum Annual Assessments: Until January 1 of the year immediately following the conveyance of the first lot to an owner the maximum annual assessment shall be -* Z 4 oo , o6 per lot for all lots 1 - 6, inclusive. (a) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment per lot may be increased above that set forth hereinabove 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 be in accordance with the procedures set forth in the Code of Virginia, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days or more than 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 parking areas and streets within said subdivision, including the necessary fixtures and personal property related thereto, provided that any such assessment shall be levied in accordance with the procedures required by the Code 7 Q H Gq 0 a, b 0 U LOW offices Grovess & McCarthy 132 S. Cameron St. Winchester, VA 000 0 160 of Virginia §55-514, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authorized Under Sections 3 and 4. At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast 51 % 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 1/2 of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting, Section 6. Date of Commencement of Annual Assessments - Due Date: The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the first lot to a grantee other than Greystone Developers, Inc. or Oakcrest Builders, Inc. 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 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board 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%) A H 614 a a b Q 0 U LawOffices Groves & McCarthy 132 S. Cameron St. Winchester. VA 000 016I per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose said lien against property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his lot. Section 8. Subordination of the Lien to Mortgages: The lien of the assessments provided herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any lot. Sale or transfer of any lot shall not affect the assessment lien. However, the sale of transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Lot Transfer Fee: Every lot or parcel of property subject to this Deed of Dedication is subject to a Lot Transfer Fee. Upon the sale of any lot in Village at Harvest Ridge , the purchaser of such lot shall pay to the Homeowners Association a transfer fee of $500. Such fee shall be paid to the Association at the closing or settlement of the property. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) Any property owned by the Association; (b) All properties dedicated to and accepted by a local public authority; (c) Any and all lots owned by Declarant, Greystone Developers, Inc. or Oakcrest Builders, Inc., their successors or assigns for which a final Certificate of Occupancy has not been issued by the County of Frederick, Virginia or such other agency having jurisdiction thereof; and (d) All properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Z A H a b r. O U Law Offices Groves & McCarthy 132 S. Cameron St. Winchester. VA 660 0162 Section 11. Failure to Maintain "Common Areas": In the event that the Association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the County Zoning Ordinance. The County of Frederick Zoning Ordinance and any and all amendments thereto is by this reference made a part hereof as if set out in full. Section 12. Dissolution of the Association: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created or for general welfare of the residents of Village At Harvest Ridge, Section 1. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the members of the association as tenants in common. ARTICLE VI COVENANTS AND RESTRICTIONS The lots in said Subdivision are subject to the following covenants and restrictions which shall be considered covenants real and running with the land and shall be binding on all parties and persons claiming under them and shall be for the benefit of and constitute limitations upon all future owners of said lots: 1. The development has been specially designed, constructed and equipped to meet the special needs of active senior adults. Furthermore, the organization, operation, and maintenance of services at the development will be structured and implemented to provide a safe and comfortable environment where senior adults can enjoy independence and security. To promote those goals and a community atmosphere, residency will be restricted to the extent allowed by law, to individuals at least fifty-five (55) years old and couples of which at least one person is at least fifty-five (55) years old. 2. All lots shall be used for single-family residential purposes only. No detached garage or carport shall be permitted on any Lot. Any utility or 10 Q H GIs t~ O R 0 U Lew Offices Groves & McCarthy 132 S. Cameron St. Winchester, VA 000 0163 other out building on any Lot shall be of the same material and construction as the main structure on such lot. 3. No profession or home occupation shall be conducted in or on any part of a lot; provided, however, that DECLARANT reserves the right to use one or more of said Lots for business purposes in connection with development, sales and operation of said subdivision. This provision shall not be construed to prohibit the practice of "telecommuting" or the use of one's home office. The purpose of this provision is to restrict the use of the home as a place of business that will attract additional foot or automobile traffic to the subdivision or otherwise cause a nuisance to the neighborhood. 4. No signs or advertising of any nature shall be erected or maintained on any Lot except "For Sale" signs for said Lot which signs will not exceed five (5) square feet in area, or signs used by the Grantor to advertise the property during construction and sale. No "For Rent" signs shall be allowed or displayed on any Lot. 5. No exterior antennas shall be permitted on any lot. Satellite dishes are permitted and must be no larger than 24" in diameter. Prior to the installation of a satellite dish, the Lot owner must first obtain the written approval of the architectural review committee for the proposed placement of the said satellite dish on the Lot. 6. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. 11 0 N 0 0 U Law Offices Groves & McCarthy 132 S. Cameron St. Winchester, VA 000 0164 7. No animals of any kind (including livestock, poultry or birds) shall be permitted on any lot, except dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers. 8. No fence nor hedge shall be constructed nor planted along the front (street) boundary of any Lot; and no such fence or hedge shall be constructed or placed closer to the street than the rear corner of the main structure placed on the Lot. No fence shall be constructed within 25' of any street bounding the side of any corner lot. No fence or hedge shall exceed six (6) feet in height. Prior to the installation of any fence or hedge the Lot owner shall first obtain the written approval of the architectural review committee as to the placement and materials to be used. All hedges must be kept neatly trimmed. 9. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 10. In the event that a dwelling is destroyed, the owner of the dwelling within thirty (30) days from said destruction, shall clear away the debris and the remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. No structure other than one substantially similar to the original structure, having the same dimensions and similar architecture as the unit destroyed shall be constructed in the place of the original structure. 11. All units shall be kept in good repair and order. In the event a dwelling unit is damaged, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. j 12 A_ H 0 0 b .y 0 0 U Law Offices Groves & McCarthy 132 S. Cameron St. Winchester. VA 000 0165 12. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pickup, and should be placed in sanitary containers. 13. No exterior clothesline, or hanging device, shall be permitted on any Lot, except for an umbrella -type with a diameter not to exceed seven (7) feet; provided, however, the same may only be used in the rear of any dwelling house constructed on said lot and the clothes line is stored in a garage, utility building or the equivalent when the clothes line is not in use. 14. The color of the paint on the exterior of every building on each Lot shall be the same as the original color unless a different color from the original color has been approved by the architectural review committee. 15. No building, structure, addition nor exterior alteration or improvements of any character shall be constructed upon any Lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the architectural review committee as being in harmony with the whole subdivision. 16. No trees shall be planted nor other digging undertaken without first securing the approval of the local utility companies and without first being advised as to the location of all underground utilities. 17. The Homeowners Association shall be responsible for providing certain maintenance services, including mowing of front and rear lawns, mulching of plant beds, spring clean-up, fall clean-up, and snow removal from member driveways and association owned sidewalks. The maintenance of 13 A H CA 0 0 U Law Offices Groves & McCarthy 132 S. Cameron St. Winchester, VA 000 0166 any fenced -in area on any Lot or any area that has been made inaccessible to the maintenance crew due to actions of the lot owner shall be the responsibility of the Lot owner. 18. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the owners of a majority of lots in Village at Harvest Ridge Subdivision shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 19. The Grantor herein reserves and shall have the right alone to waive any one or more or the restrictive covenants and conditions contained herein as to any lot transferred by it except that it cannot change the use of any lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other lot. The Grantor further reserves the right alone to impose additional restrictive covenants and restrictions as to any lot or lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other lots. 20. The invalidation of any one of the covenants or restrictions contained herein by judgment or court order shall in nowise affect any of the other provisions, which shall remain in full force and effect. The failure of the lot owners of the Grantor herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 21. The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by 14 A H 0 b a 0 U Law Offices Groves & McCarthy 132 S. Cameron St. Winchester, VA 000 0167 Greystone Developers, Inc., Greystone Properties, LLC, Oakcrest Properties, LLC or Oakcrest Builders, Inc., other than Village At Harvest Ridge, Section I. ARTICLE VII EASEMENTS Section 1. Public Utility and Drainage Easements: The property dedicated hereby is subject to those certain easements or rights of way designated as Drainage Easements, Water & Sewer Easements, Sanitary Sewer Easements, Access and Utilities Easements, and Utilities Easements on the aforesaid plat of Village At Harvest Ridge. The Grantor does hereby grant and convey unto Frederick County, Virginia, or other agency having jurisdiction thereof, a perpetual right of way or easement for the construction, reconstruction, maintenance and repair of the aforesaid easements and any related facility designated on the aforesaid plat as Utility Easements. Section 2. Maintenance of Drainage Easements: The maintenance of all drainage easements located within the subdivision shall be maintained by the Association and in the event that said Association does not maintain said area, and keep the same in good repair, then the Grantor 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. Section 3. Driveway Easements: The Common Areas shall be subject to easements for ingress and egress from the Lots to the streets located within Village At Harvest Ridge, Section 1. 15 Section 4. Streets: Every Member shall have the right of ingress and egress to their respective Lots over the streets or areas marked for ingress/egress as designated on the attached Final Subdivision Plat of Village at Harvest Ridge, Section 1. is H Law Offices Groves & McCarthy 132 S. Cameron St, Winchester, VA Section 5. Reservations: (a) The Grantor 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 utility easements set forth on the Final Subdivision Plat of Village At Harvest Ridge, Section 1, and over the Common Areas, as needed, provided that such easements shall not unreasonably interfere with the use and enjoyment of the Common Areas. (b) The Grantor further reserves unto itself, its successors or assigns, for a period of seven (7) years from the date of conveyance of the first lot in Village At Harvest Ridge, Section 1, a blanket easement and right of way on and over the ground within said Subdivision for the purposes of responding to, repairing, or rebuilding properties damaged by fire or other natural or unnatural disasters. Reservation by the Grantor of such blanket easement and rights contained herein shall not, in any way, obligate Grantor to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Grantor therefore. (c) The Grantor further reserves unto itself, its successors or assigns, for a period of seven (7) years from the date of conveyance of the first lot in Village At Harvest Ridge, Section 1, a blanket easement and right of way 16 000 0169 43 b 0 b .N 0 0 U Lew Offices Groves & McCarthy 132 S. Cameron St. Winchester, VA on, over and under the ground within said Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the Grantor shall restore the affected property to its original condition as near as practical. The Grantor shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the Grantor an emergency exists which precludes such notice. Reservation by the Grantor of such blanket easement and rights contained herein shall not, in any way, obligate Grantor to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Grantor therefore. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by a 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. 17 A H bri t~ 0 N 0 U Law Offices Oivves & McCarthy 132 S. Cameron St. Winchester, VA 000 0170 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, as described under Article VI, restriction No. 20, supra. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifteen (15) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years, except as otherwise allowed by the laws of the Commonwealth. The covenants and restrictions of this Declaration my be amended during the first (15) year period by and 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, except as otherwise allowed by the laws of the Commonwealth. 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 Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desires 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 18 Q N 0 0 U LrwOffaes Groves & Wtarthy 132 S..Cam:?6n P. WinchestEf'_LA 000 0171 governing body of Frederick County, Virginia, or other agency having jurisdiction thereof. 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 owners in Village At Harvest Ridge subdivision, as provided hereinabove. The party of the third part consents to this Deed of Dedication and therefore joins in this declaration. WITNESS the following signatures and seals: On behalf of Greystone Developers, Inc.: By: [SEAL] For City of Winchester, Virginia: By:�-w'w� [SEAL] COMMONWEALTH O�F� /VIRGINIA CITY/COUNTY OF ��e �e�ex , to -wit: Acknowledged before me this /61 day of , 2004, by who is,,A� 7�o(c� of Greystone Developers, c. N ARY PUBLIC -My commission expires: `' \ �J R4^ �°� , 19 Law Offices Groves & McCarthy 132 S. Cameron St. Winchester. VA 000 0 1 72 COMMONWEALT O VIRGINIA C CITY/'Y` OF(k Lr\, C' 4u' c. , to -wit: ,d Acknowledged before me this &day of �e�n. 2004, by �r► C: l�� , for City of Winchester, Virginia. k. Cr'� NOTARY PUBLIC My commission expires: C5 3 / —y (P 20 VICINITY MAP SCALE: 1" = 1, 500' APPROVED BY: 7 FREDERICK COUNTY SUBDIVISION ADMINISTRATO DA CITY OF WINCHESTER PUBLIC UTILITIES e —� DATEZZlo 4 OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF VILLAGE AT HARVEST RIDGE, SECTION 1, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUS:ES, IF ANY� c� ho /0 PK GREYSTONE DEVELOPERS, INC. DATE NOTARY PUBLIC CITY/COUNTY OF MY COMMISSION EXPIRES 12 ''31-03 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON � �'Lt111 .,LGiGQ/f STATE OF (NOTARY PUBLI 9 - /O.O�4 (DATE) BY SURVEYOR'S CERTIFICATE I, RANDY A. STOWERS, A DULY AUTHORIZED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO GREYSTONE DEVELOPERS, INC. BY DEED RECORDED AT INSTRUMENT #040015981 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. SH OF FINAL SUBDIVISION PLAT �dov 'rp VILLAGE AT HARVEST RIDGE SECTION 1 SHAWNEE MAGISTERIAL DISTRICT $TURS A.No. FREDERICK COUNTY, VIRGINIA 002342 SCALE: AS SHOWN DATE: AUGUST 16, 200, gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES ''�►'D g`� A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 9 AREA SUMMARY TOTAL DEVELOPMENT AREA: 2.1460 ACRES AREA IN LOTS: 0.9949 ACRES AREA IN OPEN SPACE: 1,1511 ACRES NUMBER OF LOTS: 6 AVERAGE LOT SIZE: 7,223 SQ. FT. SMALLEST LOT SIZE: 6,669 SQ. FT. PARENT PARCEL 63-((A))-2 ZONED: RP 000 0174 MINIMUM SETBACK REQUIREMENTS FRONT = 20' TO PRIVATE ROAD REAR = 15' SIDE = 5' MINIMUM LOT AREA = 6,000 SO. FT. SMALLEST LOT SIZE: 6,669 SQ. FT. ALL LOTS ARE SINGLE FAMILY SMALL LOT NOTES PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH LOCAL ORDINANCES. NO DETACHED ACCESSORY BUILDINGS ARE PERMITTED PER § 165-65F(2)4 OF THE FREDERICK COUNTY ZONING ORDINANCE. 0-1.w FINAL SUBDIVISION PLAT j� VILLAGE AT HARVEST RIDGE ' SECTION 1 SHAWNEE MAGISTERIAL DISTRICT dyj!!7CONSULTING FREDERICK COUNTY, VIRGINIA CALE: AS SHOWN DATE: AUGUST 16, 200 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 2 OF 000 0175 `=3 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD Cl 482.00 3'46'41" 31.78 15.90 S00'51'13"W 31.78 C2 190.00 8*13'13" 27.26 13.65 S06'51'10"W 27.24 C3 190.00 8*13'13" 27.26 13.65 S15'04'22"W 27.24 C4 482.00 1 *11'22" 10.01 5.00 S19'46'39"W 10.01 C5 15.00 89'56'55" 23.55 14.99 S34'00'41 "E 21.20 C6 15.00 90'03'05" 23.58 15.01 S55'59'19"W 21.22 C7 190.00 3'41'43" 12.25 6.13 N09'06'55"E 12.25 C8 1012.50 236'42" 46.15 23.08 S08'34'24"W 46.15 C9 1401.85 9*11'31" 224.90 112.69 S60'05'58"W 224.66 C10 289.92 7'4244" 39.02 19.54 S05'20'08"W 38.99 LINE TABLE LINE BEARING LENGTH L1 S10'57'46"W 33.92' L2 N89'08'43"W 52.41' L3 N7859'18"W 93.85' L4 N81'32'25"W 67.22' L5 S76'25'57"E 67.34' L6 S78'59'09"E 144.31' L7 S10'57'46"W 72.30' L8 S21'03'37"W 35.24' FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE TH 0 SECTION 1 SHAWNEE �j� FREDERICK COUNTY, VIRGIINIAIAL ICT ,� SCALE: AS SHOWN DATE: AUGUST 16, 200. y 5-pp �' gilbert w. Clifford & associates N0. 002M2 A DIVISION OF C%lG_o y PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION t,�, CONSULTING ENGINEERING - LAND SURVEYING - PLANNING `�V� 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 3 OF S KEY SHEET 1 "= 200' 111 o 6 5 4 LANE ! SHEET 4 WHEATFlELD %p I E:l. 0176 FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE OF► j SECTION 1 SHAWNEE MAGISTERIAL DISTRICT �Gl FREDERICK COUNTY, VIRGINIA .�, —SCALE: AS SHOWN DATE: AUGUST 16, 200, L sroim 0.0. gilbert w. Clifford & associates N0. 0023i2 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 4 OF 63-((A))-2K C & W PROPERTIES N11'00'44"E D.B. 750, PG. 220 �t f --T-- ,660.28' -- -- oU0 ! T 7 -- Im P v I(D 00 CA Oct 0 to E 2p020982 ,,,Sr �� 63-((A))-2 GREYSTONE DEVELOPERS. INC. INST. #040015981 REMAINDER AREA = 14.7840 ACRES ( FUTURE SECTION 2 ) ACCESS & UTILITIES EASEMENT _ _ N10'57'46"E 231.65' _ _ C7 C8 OPEN SPACE 1.511 ACRES 15' 30' CITY OF WINCHESTER HARVEST RIDGE DRIVE WATER & SEWER EASEMENT (PRIVATE) N10'57'46"E R/W VARIES N10.57'46"E 01 C1 C2 4 .5 cs I G� 4.96 C3 [`3i 0 L1 L7C8 10' BRL N I z f 10' BRL 00 14 V N N z 00 00 0 0 OD (71 0 LOT 3C n� cn av0 �, I �, I LOT 6 _ w 7,633 SQ.� w �; I t° m 7,688 SQ. FT. a0 O c0u OD Cu O tD O O r � � P 10 t�°1 _ r r - m 5' BRL I* m I I I 5' BRL II I m 1 ' 7!46"-1M----417,0 ' N1 '57-'46"-E 117:00' 5' BRL c 5 BRL (J) o N f,1� S ivvai v LOT 2 � ��'.,4, C IDS rn 0 LOT 5 �= °10 I m or^ y cD 6,669 SQ. FT. cD 0 N I� m 7,020 SQ. FT. w 0 01 —1 z rn nt rnm } a 0 I m 5' BRL a� p� 5' BRL -1 _ _ I w 0 S A'57'46"W 5' BRL 11�0 ' m mm S1 ' 7-'46"W 117:00''-- N Z 5 BRL a Z N 10) No LOT 1 ' ry °11 o m (A m "1 N) 0I �I rn �' 7 310 SO. FT. -4 q N �' m . rn LOT 4 v= o c O a, N aD I o z c -0 O Io w8 ;0 7,020 SO. FT. Cu 00 w I I BRL N I y �' S' BRL � N10 57 46 E �l 0 FREDERICK 1w 117.00' w I- �w NTY S10'57'46"W 117.00' CORPORATE w N 624.04' — LIMIT _ _ 117.00' _ _ - 56.00' _ 438.04' _ S10'S7'26"W 20' SANITARY - �33.00' 1723.09' (TOTAL) SEWER ESMT. - -20' DRAINAGE 7.00_ 12.00' I y I EASEMENT CITY OF WINCHESTER EX. 15' SHENANDOAH cn p EX. 20' DRAINAGE ESMT. CORPORATE LIMIT I GAS CO. ESMT. I 0 O I INST.# 030002732 D.B. 234, PG. 439 ; LOT 13 LOT 12 LOT 40 I LOT 39 I 0 I C HARVEST RIDGE HARVEST RIDGE SECTION 1 ;0 SECTION 2 CITY OF WINCHESTER FINAL SUBDIVISION PLAT 0 ► VILLAGE AT HARVEST RIDGE c�,�► lrj SECTION 1 �Q SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA '2SCALE: 1" = 50' DATE: AUGUST 16, 2004 o Y L STOVERS a gilbert w. clifford & associates GRAPHIC SCALE " No. 002342 A DIVISION OF 0 25 500 ,D0 /!�'_ Ofl PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING StJR '� 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 1 inch = 50 ft. (540) 667-2139 SHEET 5 OF 9 63-((A))-2K C7:1 C & W PROPERTIES �= D.B. 750, PG. 220 N11'00'44"E -- -- --—1660.28' —00� iT8 2 INsr �0020g82� 63—((A))-2 GREYSTONE DEVELOPERS, INC. INST. #040015981 U) REMAINDER AREA = 14.7840 ACRES m m m m W W _ = m m m ( FUTURE SECTION 2) m CTI O O Tl T1 v q� V Off/ _ N10'57'46"E _ hh L ryp 120.00' N21 b1 32"E N14'07'45".3E Z°` o°j ryo' OPEN SPACE 96.44' N10_57'26"E 1591' ^- 1.511 ACRES 624.04' 84.00' 42.15ry ' moo, FREDERICK COUNTY 11 CORPORATE LIMIT — — — — 438.04' S10'57'26fTT20' 1723.09' (TOTAL) DRAINAGE - CITY OF WINCHESTER EASEMENT CORPORATE LIMIT EX. 20 DRAINAGE ESMT. EX. 15 SHENANDOAH LOT 12 I LOT 11 IN T.# 030002732 GAS CO. ESMT. 1 LOT 10 D.B. 234, PG: 439 LOT 8 LOT 9 IEX. SAN. SEW. ESMT. HARVEST RIDGE — SECTION 1 INST. #030002732 CITY OF WINCHESTER FINAL SUBDIVISION PLAT Z,TH OF VILLAGE AT HARVEST RIDGE SECTION 1 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA x SCALE: 1" = 50' DATE: AUGUST 16, 2004 o Y A. STOVERS gilbert w. Clifford & associates GRAPHIC SCALE v /�2ay DIVISION O PATTON HARRIS RUST 0 25 00 100 & ASSOCIATES A PROFESSIONAL CORPORATION �¢ CONSULTING ENGINEERING - LAND SURVEYING - PLANNING g7 `+ 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 50 ft. (540) 667-2139 SHFFT 6 nF a 63-((A))-2K C & W PROPERTIES D.B. 750, PG. 220 _N11'00'44"E _ 1660.28' 000 Q 179 2p0Y0982 INgT. �� 9,p G9,pFOF 'pD � G 63—((A))-2 \ GREYSTONE DEVELOPERS, INC. INST. #040015981 REMAINDER AREA = 14.7840 ACRES m ( FUTURE SECTION 2 ) m / \ C>7 �16200�ti O v � N10'57'26"E 64.89' 0 63-((A))- 2H hog ry TURNER ENTERPRISES, LLC INST. #010016832 cS. DRAINAGE EASEMENT N1_Q7'45"E 15 .31' i OP 511 ACRES E 17 170 4' _ ��' F 41.50' - S10'57'26"W 1723.09' (TOTAL) EX. DRAINAGE ESMT. / EX. 15' SHENANDOAH LOT 1 / INST.# 030002732 / GAS CO. ESMT. / LOT 8` LO� D.B. 234, PG. 439 / HARVEST RIDGE - SECTION 1 rITY nF %MNr.HFCTFR GRAPHIC SCALE 0 25 500 100 I inch = 50 ft. LOT 6 FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 1 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: AUGUST 16, 2004 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION )117 SULTING ENGINEERING — LAND SURVEYING — PLANNING E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 7 OF 9 REZONING REQUEST PROFFER CONTINUED: Property Identification Number 63-A-2 Back Creek Magisterial District 000 018 VILLAGE AT HARVEST RIDGE The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. VIRGINIA: FREDERICK COUNTY, SCT. This instrument of /writing was produced to me on .. at ' qo and with w- rtificate of acknowledgement thereto annexed Was admitted to record. T imposed by Sec. 58.1-802 of $- , and 58.1-801 have been paid, if assessable 40-t 41417t-v, Clerk FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SEC11ON 1 k;: SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA ALE: NO SCALE DATE: AUGUST 16, gilbert w. Clifford & associates Id9 A DIVISION OF rPATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION JNSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 RHFFT 9 OF q REZONING REQUEST PROFFER Property Identification Number 63-A-2 Back Creek Magisterial District �/�{ �yy( X7TT T A flU A T IT A DA77i CT DT'nd-10i 000 f 0 0 1 8 0 Preliminary Matters Pursuant to Section 15.2-2296 et. Seq., of the code of Virginia 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to condition rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #10-02 for the rezoning of 16.92 acres from Rural Area (RA) to Residential Performance (RP) and the rezoning with revised proffer of 9.82 acres from RP (single family) to RP (small lot -age restricted). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. The approval of theses proffers shall eliminate and void any pre-existing statement controlling development of the lands involved. Monetary Contribution The undersigned, who own the above described property, herby voluntarily proffer that if the Board of Supervisions for the County of Frederick, Virginia approves the rezoning for the 26.74 acres, with frontage along Cedar Creek Grade in the Back Creek Magisterial District of Frederick County, Virginia to RP (small lot -age restricted), the undersigned will pay to Frederick County at the time the first building permit is applied for the sum of $1,539.00 per residential building lot. General Development Plan Voluntarily proffered is the attached Generalized Development Plan which includes the following conditions: 1. All housing within the 26.74 acre tract shall be single family small lot in accordance with the County zoning ordinance. A maximum of 90 single family lot units shall be construction on the property. 2. All streets shall be private with approved connection to two City maintained interparcel connector streets. Terms of city streets to have approved turn around for vehicular traffic. 3. The 26.74 acre tract shall be designated by deed to be "age restricted" under the U.S. Fair Housing Act. Stipulations shall require at least 80% of the occupied housing units have an occupant who is 55 or older and that no unit shall be occupied by a child under the age of 19 as a permanent resident. The intent is to provide a project for retirement housing that does not generate an impact of the Frederick County School system. 4. An emergency only private road connection shall be made to Cedar Creek Grade in the County in the location shown. 5. A landscape screen shall be installed along the west property line between areas of preserved vegetation. 6. Existing trees and vegetation in designated open space areas to be cleaned up, protected and preserved. This preserved vegetation shall serve as a landscape screen against adjacent uses. Some clearing may be necessary for utilities and stormwater management in which case the vegetative screen shall be supplemented with new planting in order to achieve the purpose of a landscape screen. 7. Side and rear lot lines of small lot development adjacent to the existing or proposed City single family housing shall be located a minimum of 25' from the project boundary line and the resulting open space shall have an interior landscape screen or preserved natural vegetation. 8. Trails and/or sidewalks at least 4' in width shall connect each lot in the development. The walkways to be continuous to allow a pedestrian to walls to all parts of the project without leaving the walkway system. The system is to connect to city sidewalks at "2" in both locations. Walkways to be either in front or rear of dwelling units. FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 1 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: NO SCALE DATE: AUGUST 16, 2004 gilbert w. Clifford & associotes A DIVISION OF rPATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION 3NSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 8 OF 9 000 0213 INSTRUMENT #040004355 RECORDED IN THE CLERK'S OFFICE OF WINCHESTER ON SEPTEMBER 221 2004 AT 05:03PM TERRY H. WHITTLEt CLERK RECORDED BY: TipW COMMONWEALTH OF VIRGINIA J 6 . r P pil COMMONWEALTH OF VIRGINIA -CDC n-srvP­nw ;e AK NcnpDtl_­ DC-1 8 (1 /90) DC-1 8 (1 /90) A H Law Offices Groves & McCarthy 132 S. Cameron St. Winchester, VA 14 400043;5 000 0103 040019309 THIS DEED OF DEDICATION, made this ZZ --oday of September, 2004, by GREYSTONE DEVELOPERS, INC., a Virginia stock corporation, hereinafter called the DECLARANT or GRANTOR, whether one or more, party of the first part, and CITY OF WINCHESTER, VIRGINIA, (herein called the City), party of the second part. WHEREAS, the Grantor is the owner in fee simple of the real estate shown on that certain Final Subdivision Plat drawn by Randy A. Stowers, L.S., dated August 16, 2004, known as VILLAGE AT HARVEST RIDGE, SECTION 2 Which Final Subdivision Plat is attached hereto and incorporated herein by reference as if set out in full; and, WHEREAS, said real estate, as shown on the aforesaid attached Final Subdivision Plat, has been subdivided into lots for construction of single-family homes thereon (Lots 1 through 24 inclusive) and the hereinabove referenced Final Subdivision Plat shows accurately the metes and bounds of the subdivided land, together with the subdivision to be used as open space, streets, utility easements, ingress, egress, and drainage easements, all of which shall constitute a portion of that development known as Village At Harvest Ridge, Section 2 and which common areas shall be owned and/or maintained by the Village At Harvest Ridge Homeowners Association, Inc., upon the terms and conditions as set forth hereinafter; and, WHEREAS, the Grantor now desires to subdivide the same into lots to be known as Village At Harvest Ridge, Section 2. The subdivision of said real estate, as it now appears on the aforesaid attached Final Subdivision Plat, is with the free consent and in accordance with the desires of the undersigned Grantor, and the Grantor further desires to subdivide the aforesaid real estate in accordance with the 0 0 b 0 0 U Law Offices Groves & McCarthy 132 S. Cameron St. WiLhesler. VA 000 0104 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 the Dedication, the Grantor does hereby subdivide all of the certain tract or parcel of land designated as Village At Harvest Ridge, Section 2, lying and being situate in Frederick County, Virginia, and being more particularly described by that certain Final Subdivision Plat of Village At Harvest Ridge, Section 2, drawn by Randy A. Stowers, L.S., dated August 16, 2004, containing Lots 1 through 24 inclusive, which Final Subdivision Plat is attached hereto and incorporated herein by reference as if set out in full. All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real and 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 Village at Harvest Ridge Homeowners Association. Inc., a non -stock Virginia Corporation, its successors and assigns. Section 2. "Common Area" shall mean and refer to that certain real property described as "open space" in Village At Harvest Ridge, Section 2, and such additions thereto as may hereafter be brought within the jurisdiction of the Company. Section 3. "Lot" shall mean and refer to any of the Lots (lots 1 through 24, inclusive, designated upon the final plats of Village At Harvest Ridge, Section 2), with the exception of the open space, defined as "Common Areas" hereinabove. 2 A_ H 0 b d 0 U Law Offices Groves & McCarthy 132 S. cameroa St. Winchester. VA Section 4. "Member" shall mean and refer to every person or entity that holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of Village At Harvest Ridge, Section 2, as shown on the hereinabove- referenced final plats, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" or "Grantor" shall mean and refer to Greystone Developers, Inc., a Virginia stock corporation, 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 that is subject to assessment by the Association. Ownership of such lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS The Association shall have two classes of voting membership: Class A: Except for the Grantor (which shall initially be a Class B member), the Class A members shall be all of the Owners of the Lots. Each Class A member shall be entitled to one vote per Lot for each Lot owned by it, in all proceedings in which action shall be taken by members of the Association. Class B: The Class B member shall be the Grantor and any owner to whom the Grantor assigns such voting rights at the time of conveyance of Lots to that party. The Class B member shall be entitled to three votes per Lot for each Lot owned by it, in all proceedings in which action shall be taken by members of the Association. Q 000 0186 t The vote of any Class A member comprised of two or more persons, or other legal entities, or any other combination thereof, shall be cast in the manner provided for in the Articles of Incorporation of the Association, or as the several constituents may determine, but in no event shall all such constituents cast in the aggregate more than one vote per Lot for each Lot owned by them. The Class B membership in the Association shall cease and be converted to Class A membership in the Association on the ninth anniversary of the date of this Declaration; provided, however, that the Class B Membership shall be revived (and A the Grantor shall again be entitled to three votes for each Lot owned by the Grantor) during any periods of time occurring before the ninth anniversary of the date of the Declaration, when, by reason of the annexation of additional land as part of the Property, additional Lots owned by the Grantor exist which, when added to the other Lots then owned by the Grantor, would result in the Grantor having more than 50% of the votes of the Association were the Grantor to have three votes for each Lot owned by the Grantor instead of only a single vote for each Lot owned by the Grantor. BOARD OF DIRECTORS The affairs of the Association shall be managed by a board of not less than five (5), but no more than nine (9) directors, who must be members of the association. The initial board of directors shall be appointed by the Declarant herein and serve until the first annual meeting following conveyance of the first lot in Village At a, b Harvest Ridge, Section 1, to a grantee other than Greystone Developers, Inc. or Oakcrest Builders, Inc.; thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. TREASURER The board of directors shall decide whether or not the Treasurer of the 0 association shall be bonded with surety; and if so, the expense of such a fidelity bond b o for the treasurer to be borne by the Association. U Law Offices Groves & McCarthy 132 S. Cameron St. Winchester. VA 4 Lew Offices Groves & McCarthy 132 S. Cnmaon St. Winchester, VA 000 0187 ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section I. 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 "Common Areas", the lots owned shall be given notice of any such proposed mortgage of said "Common Areas" as set forth in Paragraph (c), infra. (b) The rights of the Association to suspend the voting rights and the right to the use of the "Common Areas" by a member for any period during which any assessment against his lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than thirty (30) days nor more than sixty (60) days in advance. (d) Any and all other rights or privileges conferred upon the Association by the laws of the Commonwealth of Virginia. Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. 5 A_ H Low Offices Groves & McCarthy 132 S. Csmemn St. Winchester, VA Section 3. Title to the "Common Areas": The Declarant, or such other entity as is invested with title at the time of conveyance, hereby covenants that fee simple title to the common open space and parking areas (referred to hereinabove as "Common Areas") will be conveyed to the Association free and clear of all liens and encumbrances prior to the conveyance of the first lot in Village At Harvest Ridge, Section 2, to a grantee other than Greystone Developers, Inc. or Oakcrest Builders, Inc. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section I. Assessments: The Declarant, for each lot owned, hereby covenants, and each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay the association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected 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 of the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. 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" including the private streets and rights of way, specifically including, but not limited to, payment of real estate taxes, repairs, removal of snow from association -owned and maintained parking areas and streets within said subdivision, maintenance and repair of any drainage and detention facilities, maintenance of street lights and payment of all utility charges therefore, maintenance and repair of utility and drainage easements, maintenance, and r- n 000 0189 services and facilities devoted to the aforesaid purposes and expenses related to the use of and enjoyment of the "Common Areas"; and further, for the purpose of promoting the recreation, health, safety and welfare of the residents in the "Common Areas" of Village At Harvest Ridge. Section 3. Basis and Maximum Annual Assessments: Until January 1 of the year immediately following the conveyance of the first lot to an owner the maximum annual assessment shall be $2,400.00 per lot for all lots 1 - 24, inclusive. A (a) From and after January 1 of the year immediately following the conveyance of H the first lot to an owner, the maximum annual assessment per lot may be increased above that set forth hereinabove 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 be in accordance with the procedures set forth in the Code of Virginia, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days or more than 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 (b) After consideration of current maintenance costs and future needs of the Y association, the board of directors may fix the annual assessments at an amount not 0 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", b o specifically including but not limited to maintenance, repair and improvement of U any association -owned parking areas and streets within said subdivision, including the necessary fixtures and personal property related thereto, provided that any such assessment shall be levied in accordance with the procedures required by the Code Lew Offices Groves & McCarthy 1.,2 S. Cameron St. Winchestel', VA 7 000 9190 �I of Virginia §55-514, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authorized Under Sections 3 and 4. At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast 51 % of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting Q may be called, subject to the notice requirement set forth in Sections 3 and 4 and N the required quorum at any such subsequent meeting shall be 1 /2 of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting, Section 6. Date of Commencement of Annual Assessments - Due Date: The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the first lot to a grantee other than Greystone Developers, Inc. or Oakcrest Builders, Inc. 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 b lot at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. 0 L b c Section 7. Effect of Non -Payment of Assessments: Remedies of the Association: 0 U 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%) Law Offices Groves & McCarthy U2 S. Cameron St. Winchester. VA 8 A_ H Cos 0 b G 0 U Lew Offices Groves & McCarthy I l2 S. Cameron St. Wlnchemef. VA per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose said lien against property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his lot. Section 8. Subordination of the Lien to Mortgages: The lien of the assessments provided herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any lot. Sale or transfer of any lot shall not affect the assessment lien. However, the sale of transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Lot Transfer Fee: Every lot or parcel of property subject to this Deed of Dedication is subject to a Lot Transfer Fee. Upon the sale of any lot in Village at Harvest Ridge, the purchaser of such lot shall pay to the Homeowners Association a transfer fee of $500. Such fee shall be paid to the Association at the closing or settlement of the property. Section 10. Exempt Property The following property subject to this Declaration shall be exempt from the assessments created herein; (a) Any property owned by the Association; (b) All properties dedicated to and accepted by a local public authority; (c) Any and all lots owned by Declarant, Greystone Developers, Inc. or Oakcrest Builders, Inc., their successors or assigns for which a final Certificate of Occupancy has not been issued by the County of Frederick, Virginia or such other agency having jurisdiction thereof, and (d) All properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. I Q H V) O b 0 U Law offices Groves & McCarthy U2 S. Cameron St. Winchester. VA 000 019 Section 11. Failure to Maintain "Common Areas": In the event that the Association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the County Zoning Ordinance. The County of Frederick Zoning Ordinance and any and all amendments thereto is by this reference made a part hereof as if set out in full. Section 12. Dissolution of the Association: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created or for general welfare of the residents of Village At Harvest Ridge, Section 1. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the members of the association as tenants in common. ARTICLE VI COVENANTS AND RESTRICTIONS The lots in said Subdivision are subject to the following covenants and restrictions which shall be considered covenants real and running with the land and shall be binding on all parties and persons claiming under them and shall be for the benefit of and constitute limitations upon all future owners of said lots: 1. The development has been specially designed, constructed and equipped to meet the special needs of active senior adults. Furthermore, the organization, operation, and maintenance of services at the development will be structured and implemented to provide a safe and comfortable environment where senior adults can enjoy independence and security. To promote those goals and a community atmosphere, residency will be restricted to the extent allowed by law, to individuals at least fifty-five (55) years old and couples of which at least one person is at least fifty-five (55) years old. 2. All lots shall be used for single-family residential purposes only. No detached garage or carport shall be permitted on any Lot. Any utility or 10 4A r. 0 b .N 0 U Law Offices Groves & McCnrtily 132 S. Cameron S1. Winchester, VA 000 9193 other out building on any Lot shall be of the same material and construction as the main structure on such lot. 3. No profession or home occupation shall be conducted in or on any part of a lot; provided, however, that DECLARANT reserves the right to use one or more of said Lots for business purposes in connection with development, sales and operation of said subdivision. This provision shall not be construed to prohibit the practice of "telecommuting" or the use of one's home office. The purpose of this provision is to restrict the use of the home as a place of business that will attract additional foot or automobile traffic to the subdivision or otherwise cause a nuisance to the neighborhood. 4. No signs or advertising of any nature shall be erected or maintained on any Lot except "For Sale" signs for said Lot which signs will not exceed five (5) square feet in area, or signs used by the Grantor to advertise the property during construction and sale. No "For Rent" signs shall be allowed or displayed on any Lot. 5. No exterior antennas shall be permitted on any lot. Satellite dishes are permitted and must be no larger than 24" in diameter. Prior to the installation of a satellite dish, the Lot owner must first obtain the written approval of the architectural review committee for the proposed placement of the said satellite dish on the Lot. 6. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. 11 t 000 0194 _a 7. No animals of any kind (including livestock, poultry or birds) shall be permitted on any lot, except dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers. 8. No fence nor hedge shall be constructed nor planted along the front (street) boundary of any Lot; and no such fence or hedge shall be constructed or placed closer to the street than the rear corner of the main Q structure placed on the Lot. No fence shall be constructed within 25' of any street bounding the side of any corner lot. No fence or hedge shall exceed six (6) feet in height. Prior to the installation of any fence or hedge the Lot owner shall first obtain the written approval of the architectural review committee as to the placement and materials to be used. All hedges must be kept neatly trimmed. 9. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an to annoyance or nuisance to the neighborhood. fA a) b 10. In the event that a dwelling is destroyed, the owner of the dwelling within Y thirty (30) days from said destruction, shall clear away the debris and the c� remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. No structure other than one substantially similar to the original structure, having the same dimensions and similar architecture as the unit destroyed shall be constructed in the place of the original structure. a 11. All units shall be kept in good repair and order. In the event a dwelling b .N G U unit is damaged, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. Law Offices Groves & McCarthy 1J2 S. CanKlbn SI. Winchester, VA 12 000 0195 12. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pickup, and should be placed in sanitary containers. 13. No exterior clothesline, or hanging device, shall be permitted on any Lot, except for an umbrella -type with a diameter not to exceed seven (7) feet; CA H provided, however, the same may only be used in the rear of any dwelling house constructed on said lot and the clothes line is stored in a garage, utility building or the equivalent when the clothes line is not in use. 14. The color of the paint on the exterior of every building on each Lot shall be the same as the original color unless a different color from the original color has been approved by the architectural review committee. 15. No building, structure, addition nor exterior alteration or improvements of any character shall be constructed upon any Lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, L colors and materials, shall have been approved in writing by the architectural review committee as being in harmony with the whole subdivision. 16. No trees shall be planted nor other digging undertaken without first securing the approval of the local utility companies and without first being advised as to the location of all underground utilities. 0 17. The Homeowners Association shall be responsible for providing certain b C U maintenance services, including mowing of front and rear lawns, mulching of plant beds, spring clean-up, fall clean-up, and snow removal from member driveways and association owned sidewalks. The maintenance of Law Offices Groves & McCarthy 132 S. Ctnneron St. Wlllcheste,, VA 13 M Q H 0 v b N G 0 U Lew Offices Groves & McCnrthy 132 S. Cameron St. Windieslel', VA 000 0196 any fenced -in area on any Lot or any area that has been made inaccessible to the maintenance crew due to actions of the lot owner shall be the responsibility of the Lot owner. 18. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the owners of a majority of lots in Village at Harvest Ridge Subdivision shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 19. The Grantor herein reserves and shall have the right alone to waive any one or more or the restrictive covenants and conditions contained herein as to any lot transferred by it except that it cannot change the use of any lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other lot. The Grantor further reserves the right alone to impose additional restrictive covenants and restrictions as to any lot or lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other lots. 20. The invalidation of any one of the covenants or restrictions contained herein by judgment or court order shall in nowise affect any of the other provisions, which shall remain in full force and effect. The failure of the lot owners of the Grantor herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 21. The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by 14 000 0191 Greystone Developers, Inc., Greystone Properties, LLC, Oakcrest Properties, LLC or Oakcrest Builders, Inc., other than Village At Harvest Ridge, Section 1. ARTICLE VII EASEMENTS Section 1. Public Utility and Drainage Easements: The property dedicated hereby is subject to those certain easements or rights of way designated as Drainage Easements, Water & Sewer Easements, Sanitary Sewer Easements, Access and Utilities Easements, and Utilities Easements on the aforesaid plat of Village At Harvest Ridge, Section 2. The Grantor does hereby grant and convey unto Frederick County, Virginia, or other agency having jurisdiction thereof, a perpetual right of way or easement for the construction, reconstruction, maintenance and repair of the aforesaid easements and any related facility designated on the aforesaid plat as Utility Easements. Section 2. Maintenance of Drainage Easements: The maintenance of all drainage easements located within the subdivision shall be maintained by the Association and in the event that said Association does not maintain said area, and keep the same in good repair, then the Grantor 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. Section 3. Driveway Easements: The Common Areas shall be subject to easements for ingress and egress from the Lots to the streets located within Village At Harvest Ridge, Section 2. Law Offices Groves & McCarthy 132 S. Cameron St. Winchester, VA 15 Section 4. Streets: Every Member shall have the right of ingress and egress to their respective Lots over the streets or areas marked for ingress/egress as designated on the attached Final Subdivision Plat of Village at Harvest Ridge, Section 2. 2 1r� V C O ro b 0 U Law Offices Grove' & McCaniq 132 S. Cameron SI. Winchester, VA Section 5. Reservations: (a) The Grantor 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 utility easements set forth on the Final Subdivision Plat of Village At Harvest Ridge, Section 2, and over the Common Areas, as needed, provided that such easements shall not unreasonably interfere with the use and enjoyment of the Common Areas. (b) The Grantor further reserves unto itself, its successors or assigns, for a period of seven (7) years from the date of conveyance of the first lot in Village At Harvest Ridge, Section 2, a blanket easement and right of way on and over the ground within said Subdivision for the purposes of responding to, repairing, or rebuilding properties damaged by fire or other natural or unnatural disasters. Reservation by the Grantor of such blanket easement and rights contained herein shall not, in any way, obligate Grantor to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Grantor therefore. (c) The Grantor further reserves unto itself, its successors or assigns, for a period of seven (7) years from the date of conveyance of the first lot in Village At Harvest Ridge, Section 2, a blanket easement and right of way 000 0199 .a t.. on, over and under the ground within said Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the Grantor shall restore the affected property to its original condition as near as practical. The Grantor shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the Grantor an emergency exists which precludes such notice. Reservation by the Grantor of such blanket easement and rights contained herein shall not, in any way, obligate Grantor to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Grantor therefore. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by a 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. Law Offices Groves & McCarthy 132 S. Cameron St. Wmchestci, VA 17 Q N Law Offices Groves & McCarthy 132 S. Cameron St. Wlnche.w. VA 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, as described under Article VI, restriction No. 20, supra. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifteen (15) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years, except as otherwise allowed by the laws of the Commonwealth. The covenants and restrictions of this Declaration my be amended during the first (15) year period by and 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, except as otherwise allowed by the laws of the Commonwealth. 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 Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desires 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 18 U Cos 0 b 0 PSI 1.eW5 .roves &� "-'R l 1y 132 S. CiTiieroo W IIICIIC9{�Pr V�r�j ; •��I.f.ltl 000 0201 governing body of Frederick County, Virginia, or other agency having jurisdiction thereof. 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 owners in Village At Harvest Ridge subdivision, as provided hereinabove. The party of the third part consents to this Deed of Dedication and therefore joins in this declaration. WITNESS the following signatures and seals: On behalf of Greystone Developers, Inc.: By: [SEAL] For City of Winchester, Virginia: By: �` [SEAL] COMMONWEALTH OF VIRGINIA CITY/COUNTY OF �/ %/ f�� , to -wit: Acknowledged before me this /9 day of - t , 2004, by who is of Greystone Developers, c. f. OTARY PUBLIC e0mnission expires: la s o5 �y e� Z 0 611) G 0 4y 61 'O 0 U Lew Offices Groves & McCall by 132 S. Cameron S1. Winclml.r, VA COMMONWEALTH OF VIRGINIA CITY/Cft-NtY OF 0 � j a , to -wit: Acknowledged before me this/ i 141 day ofl,�"2004, by G , for City of Winchester, Virginia. OTARY PUBLIC My commission expires: r /i•. � L� � � ;�,• � . W VICINITY MAP SCALE: 1 " = 1, 500' APPROVED BY: A — FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DA WINCHESTER DEPARTMENT OF PUBLIC UTILITIES /_( =a§L;gg/ �DA J-r OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF VILLAGE AT HARVEST RIDGE, SECTION 2, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND. TRUSTEES, IF ANY. ?'!�o /05/ �Q,F� CiK, it Y 11►1 DATE t 'NOTARY PUBLIC MY COMMISSION EXPIRES `� `0`5 ' z CIT/COUNTY OF��L THE' `F EGOING INSTRU ENT WAS ACKNOWLEDGED BEFORE ME ON /0 0 BY J. ' (DATE) STATE OF (NOTARY P U B L I SURVEYOR'S CERTIFICATE I, RANDY A. STOWERS, A DULY AUTHORIZED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO GREYSTONE DEVELOPERS, INC. BY DEED RECORDED AT INSTRUMENT #040015981 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. FINAL SUBDIVISION PLAT 0 yj VILLAGE AT HARVEST RIDGE SECTION 2 SHAWNEE MAGISTERIAL DISTRICT Y. �O FREDERICK COUNTY, VIRGINIA N0.STO SCALE: AS SHOWN DATE: AUGUST 16, 2004 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 10 AREA SUMMARY TOTAL DEVELOPMENT AREA: 5.9953 ACRES AREA IN LOTS: 3.4672 ACRES 0 AREA IN OPEN SPACE: 2.5281 ACRES 00 NUMBER OF LOTS: 18 AVERAGE LOT SIZE: 8,390 SQ. FT. SMALLEST LOT SIZE: 7,140 SO. FT. PARENT PARCEL 63-((A))-2 ZONED: RP MINIMUM SETBACK REQUIREMENTS FRONT = 20' TO PRIVATE ROAD REAR = 15' SIDE = 5' MINIMUM LOT AREA = 6,000 SQ. FT. NOTES ALL LOTS ARE SINGLE FAMILY SMALL LOT. 0204 PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH LOCAL ORDINANCES. NO DETACHED ACCESSORY BUILDINGS ARE PERMITTED PER § 165-65F(2)4 OF THE FREDERICK COUNTY ZONING ORDINANCE. Tg 0f FINAL SUBDIVISION PLAT ��,�j' �j� VILLAGE AT HARVEST RIDGE e, SECTION 2 �` SHAWNEE MAGISTERIAL DISTRICT Y A'M'W SCALE:FREDERICK GINIA AS SHOWN OUNDTATE IRAUGUST 16, 2004 �No. 002342 gilbert w. Clifford & associates �y A DIVISION OF �, PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 2 OF 10 000 0205 .r LINE TABLE LINE LENGTH BEARING Ll 40.08 S01.55'50'W L2 38.21 N01.55'50'E L3 1.88 N01.55'50'E L4 38.60 N04.03'14'W L5 120.05 N09.14'40'E L6 122.00 N10.55'08'E L7 43.30 N05.47'10'E L8 106.27 N07.13'42'E L9 51.36 N05.04'27'E L10 81.98 N10.57'46'E Lll 115.36 N32.33'25'E L12 115.78 N32'33'25'E L13 27.56 S74.17'38'W L14 89.46 S32.33'25'W L15 22.50 NO2'33'35'E L16 90.26 N32'33'25'E CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENTI BEARING CHORD Cl 12.25 190.00 3'41'43" 6.13 NO9'06'55"E 12.25 C2 141.39 1012.50 8'00'04" 70.81 S11 *16'05"W 141.27 C3 113.49 487.50 13'20'16* 57.00 N08'35'59"E 113.23 C4 223.89 62.50 205*14!40" 279.10 N75'40'21"W 121.98 C5 10.15 190.00 3'03'40" 5.08 1 N09 5'56"E 10.15 C6 2.10 189.96 0'38'03" 1.05 N0735'04"E 2.10 C7 59.95 1012.50 3'23'32" 29.98 S08'57'49"W 59.94 C8 60.03 1012.50 3'23'49" 30.02 S12*21'30"W 60.02 C9 55.33 482.00 61,09" 27.70 N2339'40"E 55.30 C10 21.42 1012.50 1*12'43" 10.71 S14'39'45"W 21.42 C11 38.66 487.50 4'32'39" 19.34 N12'59'48"E 38.65 C12 60.17 487.50 7*04!180 30.12 N07'11'19"E 60.13 C13 14.65 487.50 1'43'20" 7.33 NO2'47'31 "E 14.65 C14 49.68 62.50 45'32'50" 26.24 S24'28'44'W 48.39 C15 45.60 1 62.50 41 *48'15" 23.87 S68'09'17"W 44.60 C16 35.17 1 62.50 32*14'19" 18.06 N74'49'26"W 34.70 C17 10.03 62.50 9'11'34" 5.02 N54'06'30"W 10.02 C18 29.09 62.50 26'39'53" 14.81 N36'10'46"W 28.82 C19 54.32 62.50 49'47'49" 29.01 NO2'03'05"E 52.63 C20 224.90 1401.85 9-11'31" 1 112.69 S60'05'58"W 1 224.66 EH OF FINAL SUBDIVISION PLAT oe�,'�j VILLAGE AT HARVEST RIDGE SECTION 2 ,� SHAWNEE MAGISTERIAL DISTRICT A'� SCALE:FREDERICK GINIA AS SHOWN OUNDATE TYIRAUGUST 16, 200, No. 002342 gilbert w. Clifford & associates G�o� A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 3 OF 11 KEY SHEET 1 "=200' 000 0206 Lo codl 14 13 �� � 15� 12 16 10 - o Li t- 18 -g - o _ N �-- — o cn 19 ------ N ___ 7 20 w 6 i 5 i 4 i� 21-- o L.-L--i--J LjjW i 22 YMEATFIELD LANEbi --- 23 U) I = L r 3 i 2 i 1 i 2 4 --- ----1--J._—J. (FUTURE SECTION 3) FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 2 SHAWNEE MAGISTERIAL DISTRICT I �Gl FREDERICK COUNTY, VIRGINIA CALE: AS SHOWN DATE: AUGUST 16, 2004 L spy gilbert w. Clifford & associates N0. 002342 9 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 4 OF 10 rr7 N V �C m d N rn �, m a N rn rn 0 z w v .p r D � 0zz a M--A0 rn IA m-8 m .I. aom y II��N :p'0 4, $ En n Y) c m rm Cn rrn 0 z w FREDERICK COUNTY CORPORATE LIMIT 63-((A))-2K C& W PROPERTIES Q U fl fl O f Y•-� D.B. 750. PG. 220 U ZONE: RA N11'00'44"E USE: COM. 1660.28' (TOTAL) 761.01 46 INSr 200209� DRAINAGE OPEN SPACE Z EASEMENT 2.5281 ACRES 18.88'1 N10'57'46"E _ 60.00' . 304.00' L7 62.00' 15 BRL Fimmil 15' BRL 7CD L E; 15 BRL , 15 BRL-cn M ;a m Cu W W d r LOT 20 ('o LOT 23 � LOT 22 � m r- LOT 24 r z z r z LOT 21 .Zi 7,273 SQ. FT. 7,140 SQ. FT. 7,377 SQ. FT. 0 7.140 SQ. FT. o d 7,140 SQ. FT.o d to d go d cn N N N N O O O O 4 W�gi 1o' urluTY EASEMENT L2_o'B__RL1' L20' BRL LL20' BRL_ j- 4.67' _ L4 60 00 60.00' 60.00' 51.85' C C7 N10'57'46"E 231.65 Cl I n I m 3 z EX. ACCESS & UTILITIES EASEMENT CITY OF WINCHESTER CORPORATE LIMIT LOT 40 HARVEST RIDGE SECTION 2 LOT 3 EX. 30' CITY OF WINCHESTER I v WATER & SEWER EASEMENT HARV�ST RIDGE RIVE 1000 PRIVATE MDTH VARIES . EX. U71UTY ESMT.' CQ 00 CA LOT 6 0 co VILLAGE AT HARVEST RIDGE r SECTION 1 o _ _ _ _ LOT 2 I D Imo, I LOT 5 rn I v W Z I m LOT 1 I ( I LOT 4 1 X. 20' DRAINAGE EASEMENT X. 20' SANITARY SEWER ESMT. — m EX. 15' SHENANDOAH I cn 0 I EX. 20' DRAINAGE ESMT. I GAS CO. ESMT. 00 I INST.# 030002732 LOT 12 D.B. 234, PG. 439 ;0 LOT 13 I LOT 39 I 0 I ` C HARVEST RIDGE — SECTION 1 � CITY OF WINCHESTER FINAL SUBDIVISION PLAT yTH 0,F VILLAGE AT HARVEST RIDGE �,�► Dj SECTION 2 SHAWNEE MAGISTERIAL DISTRICT O FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: AUGUST 16, 2004 oWDY A. STOVERS y gilbert w. clifford & associates GRAPHIC SCALE " NO- OOM A DIVISION OF 0 25 500 100 /� oy PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 50 ft. (540) 667-2139 SHEET 5 OF 10 m m m m Ui O 'n C:: A 20020982 63-((A))-2K , INST. �� C& W PROPERTIES 0 0 0 0 2 0 8 D.B. 750, PG. 220 ZONE: RA 10' DRAINAGE EASEMENT _USE: COM. _N11'00'44"E OPEN SPACE 1660.28' DRAINAGE 2.5281 ACRES N1O'57'46"E 84.67' EASEMENT 177.76 , 80.67' r 0 I� I$ I� 98?Sale F ep4 = LOT 15 !� 0 9,469 SQ. FT. CV AN Ch f _ h � C14� �O• HARVEST ACCESS & UTILITIES EASEMENT �s DRIVE — _ S1706'30"W (PRIVATE STREET) 204 2 — C9 (VNDI VARIES) r —CITY — WATEROSEWER EASEMENT 1 N26 • ,59 20, R $ \0, " (01 20 m @RC LOT 7 9,553 SQ. FT. LOT 8 rn to ooD 8,582 SQ. FT. 9 (A N0 w0 m N_ W ;0 OD M r r Go r � 1 'BRL 15' BRL i7 19.77' 56.564.00' NO2'5SWE 60.60' 1 L BRL L8 5 BRL 60.60' 15 BRL U= 15' BRL V) Mr r LOT 16 14 o LOT 19 Zr r Nr Z4 9,136 SQ. FT. n� 7,306 SO. FT. -I LOT 17 p toCD LOT 18 (A p 8,472 SQ. FT. w = c N 7,982 SQ. FT. N h 00 m 10, UTILITY v o EASEMENT 00 20' BRL 20' BRL 20' BRL 20' BRL C8 C10 C71 I 1 C12— 60.00' 1 60.00' N10'57'46"E 120.00' 40 2b LOT 9 7,870 SQ. FT. � N n � O CD v= r 00 15' @RL r 100 SEh ` o 94 33, \40' 1 20' @RC LOT 10 7,422 SQ. FT. J �20' BRL co 2p� LOT 11 7,858 SQ. FT. Ad o yv /L15 CV �pAll s fn 1r SECTION 1 Sz E 96.4 �1 25.02' 58.98' OPEN SPACE N10'57'26"E 84.00' — — FREDERICK COUNTY SEX. 20' DRAINAGE N66'00'45"W CORPORATE LIMIT EASEMENT 38.42' CITY OF WINCHESTER EX. 20' DRAINAGE ESMT. EX. 15' SHENANDOAH 1 CORPORATE LIMIT IN T.# 030002732 GAS CO. ESMT. / LOT 12 LOT 12 LOT 11 LOT 10 D.B. 234, PG. 439 I 1'EX. LOT 8 LOT 9 HARVEST RIDGE SECTION 1 SAN. SEW. ESMT. CITY OF WINCHESTER INST. #030002732 FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 2 SHAWNEE MAGISTERIAL DISTRICT p FREDERICK COUNTY, VIRGINIA ' SCALE: 1" = 50' DATE: AUGUST 16, 2004 o Y A. STOVERS y gilbert w. Clifford & associates GRAPHIC SCALE t' No. 00292 A DIVISION OF 0 25 500 100 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 1 inch = 50 ft. (540) 667-2139 SHEET 6 OF 10i 63-((A))-2K 20020982 C & W PROPERTIES MST. >� " 0 D.B. 750, PG. 220 ZONE: RA USE: COM. Nll'00'44"E _ _ 1660.28' (TOTAL) N10'57'46"E 84.67' 80.67' H 15P BRL 98?S m 6R� LOT 16 Feu "' 9,136 SQ. FT. <o , LOT !� 0 9,469 SQ.. FT. 0' DRAINAGE EASEMENT ti d C 20' BRL , 0� ��`� LOT 14 10,390 SQ. FT. 'O lA-3 — 14 'ACCESS & UTILITIES EASEMENT HARVEST 1 RIDGE DRIVE .'_94.3 ,(IMDTH V (0 0 2p' BRL LOT 10 F 20 C)a LOT 11 CA 7,858 SO. FT. tO o N � m 58.98' N1 02� � 09 \G�.p�� s O� ♦ o �o OPEN SPACE 2.5281 ACRES o. moo. 132% m LOT 13 co V v c 10,460 SO. FT. N v 20' DRAINAGE EASEMENT h c J (n 2 m LAr 00 0 0 ti �lb 41 '(R 0 �16 LOT 12 r 10,460 SQ. FT. 4? rn h y EXISTING DRAINAGE EASEMENT EX. 15' SHENANDOAH GAS CO. ESMT. / D.B. 234, PG. 439 LOT 9 EX. SAN. SEW. ESMT\/Lw#* INST. #030002732 GRAPHIC SCALE 0 25 500 100 1. inch = 50 ft. OPEN SPACE 2.5281 ACRES PNrE S FOo S �RG�Nct R6SSic / PNo EM 1y. vN 00 63-((A))-2H ZNER ENTERPRISES, LLC INST. #010016832 N14'07'45"E 159.31' " SECTION 1 63842' W OPEN SPACE A�'Slb _ 179.9_8' _ _ _ 41.50' _ S10'57'26"W 1723.09' (TOTAL) EX. DRAINAGE ESMT. INST.# 030002732 EX. 15' SHENANDOAH / GAS CO. ESMT. LOT 8 LOT 8_ LOT 7 234, PG. 439 / /D*B* LOT 6 HARVEST RIDGE - SECTION 1 CITY OF WINCHESTER FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA CALE: 1" = 50' DATE: AUGUST 16, 2004 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION ONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 7 OF 10 0 m (n m m 2 m m 0 m W 63-((A))-2K C & W PROPERTIES \ D.B. 750, PG. 220 ZONE: RA USE: COM. N11'00'44"E - - 1660.28' - - 0 0 0 0 2 b� 1020020982 FFL EN SPACE 2.5281 ACRES 9 10' DRAINAGE EASEMENT �s 0 S a / LOT 14 o 0. ' 5� ,32g6 LOT 13 r m h / Si^N �4 z / �o � s +101 . LOT m 12 h �M 0�/�°1' •� EXISTING DRAINAGE EASEMENT OPEN SPACE 2.5281 ACRES xzG PN SS 0 N �,•. .-, 0147-0745"E 159 SECTION 1 .31 OPEN SPACE A�)3 NSF 179.98' S10'57'26"W EX. DRAINAGE ESMT. / / INST.# 030002732 / _OT 8`_ LOT HARVEST RIDGE - SECTION CITY OF WINCHESTER GRAPHIC SCALE 0 25 500 100 1 inch = 50 ft. N�6 63-((A))-2H TURNER ENTERPRISES, LLC INST. #010016832 41.50' 23.09' (TOTAL) EX. 15SHENANDOAH / LOT 1 GAS CO. ESMT. D.B. 234, PG. 439 / LOT 6 1 FINA SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE MUM 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA CALE: 1" = 50' DATE: AUGUST 16, 2004 gilbert w. clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION ..ONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 8 OF 10 `j REZONING REQUEST PROFFER =) Property Identification Number 63-A-2 ' -�, Back Creek Magisterial District VILLAGE AT HARVEST RIDGE Preliminary Matters Pursuant to Section 15.2-2296 et. Seq., of the code of Virginia 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to condition rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #10-02 for the rezoning of 16.92 acres from Rural Area (RA) to Residential Performance (RP) and the rezoning with revised proffer of 9.82 acres from RP (single family) to RP (small lot -age restricted). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. The approval of theses proffers shall eliminate and void any pre-existing statement controlling development of the lands involved. Monetary Contribution The undersigned, who own the above described property, herby voluntarily proffer that if the Board of Supervisions for the County of Frederick, Virginia approves the rezoning for the 26.74 acres, with frontage along Cedar Creek Grade in the Back Creek Magisterial District of Frederick County, Virginia to RP (small lot -age restricted), the undersigned will pay to Frederick County at the time the first building permit is applied for the sum of $1,539.00 per residential building lot. General Development Plan Voluntarily proffered is the attached Generalized Development Plan which includes the following conditions: 1. All housing within the 26.74 acre tract shall be single family small lot in accordance with the County zoning ordinance. A maximum of 90 single family lot units shall be construction on the property. 2. All streets shall be private with approved connection to two City maintained interparcel connector streets. Terms of city streets to have approved turn around for vehicular traffic. 3. The 26.74 acre tract shall be designated by deed to be "age restricted" under the U.S. Fair Housing Act. Stipulations shall require at least 80% of the occupied housing units have an occupant who is 55 or older and that no unit shall be occupied by a child under the age of 19 as a permanent resident. The intent is to provide a project for retirement housing that does not generate an impact of the Frederick County School system. 4. An emergency only private road connection shall be made to Cedar Creek Grade in the County in the location shown. 5. A landscape screen shall be installed along the west property line between areas of preserved vegetation. 6. Existing trees and vegetation in designated open space areas to be cleaned up, protected and preserved. This preserved vegetation shall serve as a landscape screen against adjacent uses. Some clearing may be necessary for utilities and stormwater management in which case the vegetative screen shall be supplemented with new planting in order to achieve the purpose of a landscape screen. 7. Side and rear lot lines of small lot development adjacent to the existing or proposed City single family housing shall be located a minimum of 25' from the project boundary line and the resulting open space shall have an interior landscape screen or preserved natural vegetation. 8. Trails and/or sidewalks at least 4' in width shall connect each lot in the development. The walkways to be continuous to allow a pedestrian to walk to all parts of the project without leaving the walkway system. The system is to connect to city sidewalks at "2" in both locations. Walkways to be either in front or rear of dwelling units. FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA LE: NO SCALE DATE: AUGUST 16, 2004 gilbert w. Clifford & associates A DIVISION OF r PATTON HARRIS RUST & ASSOCIATES r A PROFESSIONAL CORPORATION ONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 9 OF U • REZONING REQUEST PROFFER CONTINUED: 000 02 12 =' Property Identification Number 63-A-2 Back Creek Magisterial District " VILLAGE AT HARVEST RIDGE The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. VIRUINIA: FREDERICK COUNTY, SCT, This instrument of writing was produced to me on and with certificate of acknowledgement thereto minexed was admitted to record. T imposed by Sec, 58.1.802 of $ and 58.1-801 have been paid, if assessable - Gist A�?4-vI Clerk FINAL SUBDIVISION (PLAT VILLAGE AT HARVEST RIDGE SECTION 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: NO SCALE DATE: AUGUST 16, 2004 gilbert w. Clifford & associates A DIVISION OF f PATTON HARRIS RUST & ASSOCIATES r A PROFESSIONAL CORPORATION INSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 10 OF 1 VIRGINM CITY OF WINCHESTER, SCT. /YZ this ins tat writing was produceto me *n fibe lay 0 a end with 0/ertifir*te ofacknowle-igem-ant thweto anrwxed was ?:�timitt to record. Tax imposed by Sac. 58.1-802 of $ and 68. 1-801 k&ve been paid if suessab-le. Deputy Glerk COMMONWEALTH OF VIRGINIA D J.. 71 N 7InN -T 7 'lto D Et t Ti n;z 7- 7 DC-18 (1/90) DC-1 8 (1 /90) COMMONWEALTH OF VIRGINIA a) t;TDEED.T 'q I Douglas McCarthy li Associates. P.C. rntleys fl CounseWs at law loz West Boscawen Street Winchester. Virgtnla 22601 050026767 THIS DEED OF DEDICATION, made this 14 day of November, 2005, by GREYSTONE DEVELOPERS, INC., a Virginia stock corporation, hereinafter called the DECLARANT or GRANTOR, whether one or more, party of the first part, and CITY OF WINCHESTER, VIRGINIA, (herein called the City), party of the second part. 0 crn co U1 WHEREAS, the Grantor is the owner in fee simple of the real estate shown on that certain Final Subdivision Plat drawn by Cory M. Haynes, dated October 24, 12005, known as VILLAGE AT HARVEST RIDGE, SECTION 3 Which Final Subdivision Plat is attached hereto and incorporated herein by reference as if set out in full; and, WHEREAS, said real estate, as shown on the aforesaid attached Final Subdivision Plat, has been subdivided into lots for construction of single-family homes thereon (Lots 25 through 35 inclusive and 71 through 82 inclusive) and the hereinabove referenced Final Subdivision Plat shows accurately the metes and bounds of the subdivided land, together with the subdivision to be used as open space, streets, easements, ingress, egress, and drainage easements, all of which shall a portion o f that development known as Village At Harvest Ridge, Section 13 and which common areas shall be owned and/or maintained by the Village At Ridge Homeowners Association, Inc., upon the terms and conditions as set hereinafter; and, WHEREAS, the Grantor now desires to subdivide the same into lots to be as Village At Harvest Ridge, Section 3. The subdivision of said real estate, as now appears on the aforesaid attached Final Subdivision Plat, is with the free and in accordance with the desires of the undersigned Grantor, and the further desires to subdivide the aforesaid real estate in accordance with the 1 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 the Dedication, the Grantor does hereby subdivide all of the certain tract or parcel of land designated as Village At Harvest Ridge, Section 3, lying and being situate in Frederick County, Virginia, and being more particularly described by that certain Final Subdivision Plat of Village At Harvest Ridge, Section 3, drawn by Cory M. Haynes, L.S., dated October 24, 2005, containing Lots 25 through 35 inclusive and 71 through 82 inclusive, which Final Subdivision Plat is attached hereto and incorporated herein by reference as if set out in full. All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real and 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 Village at Harvest Ridge Homeowners Association. Inc., a non -stock Virginia Corporation, its successors and assigns. Section 2. "Common Area" shall mean and refer to that certain real property described as "open space" in Village At Harvest Ridge, Section 3, and such additions thereto as may hereafter be brought within the jurisdiction of the Company. Section 3. "Lot" shall mean and refer to any of the Lots (lots 25 through 35 inclusive and 71 through 82, inclusive, designated upon the final J. Dou" McCarthy & Associates. P.C. doril ys & Cauns'"s at law 3o2 West Bosawen Street WhOrster. VWnia 226ot 40 a , -r J. Douglas McCarthy ti Associates. P.C. ammys & Counselors at law 302 West Boscawen Street WkKhestm. VYgWa 226ot plats of Village At Harvest Ridge, Section 3), with the exception of the open space, defined as "Common Areas" hereinabove. Section 4. "Member" shall mean and refer to every person or entity that holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of Village At Harvest Ridge, Section 3, as shown on the hereinabove- referenced final plats, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" or "Grantor" shall mean and refer to Greystone Developers, Inc., a Virginia stock corporation, 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 that is subject to assessment by the Association. Ownership of such lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS The Association shall have two classes of voting membership: Class A: Except for the Grantor (which shall initially be a Class B member), Class A members shall be all of the Owners of the Lots. Each Class A member shall be entitled to one vote per Lot for each Lot owned by it, in all proceedings in ich action shall be taken by members of the Association. Class B: The Class B member shall be the Grantor and any owner to whom Grantor assigns such voting rights at the time of conveyance of Lots to that party. t Class B member shall be entitled to three votes per Lot for each Lot owned by it, all proceedings in which action shall be taken by members of the Association. CD CJ1 co —.a 3 J. Dmias McCarthy 8 Assodates. P.C. , M wys & Counselors at taw 302 West Boscawen Street WkKhester. Vlr" 22601 CA C0 00 The vote of any Class A member comprised of two or more persons, or other legal entities, or any other combination thereof, shall be cast in the manner provided for in the Articles of Incorporation of the Association, or as the several constituents may determine, but in no event shall all such constituents cast in the aggregate more than one vote per Lot for each Lot owned by them. The Class B membership in the Association shall cease and be converted to Class A membership in the Association on the ninth anniversary of the date of this Declaration; provided, however, that the Class B Membership shall be revived (and the Grantor shall again be entitled to three votes for each Lot owned by the Grantor) during any periods of time occurring before the ninth anniversary of the date of the Declaration, when, by reason of the annexation of additional land as part of the Property, additional Lots owned by the Grantor exist which, when added to the other ;Lots then owned by the Grantor, would result in the Grantor having more than 50% of the votes of the Association were the Grantor to have three votes for each Lot owned j by the Grantor instead of only a single vote for each Lot owned by the Grantor. BOARD OF DIRECTORS The affairs of the Association shall be managed by a board of not less than (5), but no more than nine (9) directors, who must be members of the association. The initial board of directors shall be appointed by the Declarant herein and serve until the first annual meeting following conveyance of the first lot in Village At Harvest Ridge, Section 3, to a grantee other than Greystone Developers, Inc. or Builders, Inc.; thereafter, the Board of Directors shall be elected by the as determined in the Bylaws of the Association. TREASURER The board of directors shall decide whether or not the Treasurer of the ion shall be bonded with surety; and if so, the expense of such a fidelity bond the treasurer to be borne by the Association. 4 J. Douglas McCaMy & Associates. P.C. lteys lit Counselors at Law z West goscawen Street ndtaster. Vk" tt6ot Cam'_ U7 Cam. %�U ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section I. 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 "Common Areas", the lots owned shall be given notice of any such proposed mortgage of said "Common Areas" as set forth in Paragraph (c), infra. (b) The rights of the Association to suspend the voting rights and the right to the use of the "Common Areas" by a member for any period during which any assessment against his lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than thirty (30) days nor more than sixty (60) days in advance. (d) Any and all other rights or privileges conferred upon the Association by the laws of the Commonwealth of Virginia. �►M 5 J. Douglas MCC My & AssodaWs. P.C. Mmeys & Coulssdw at taw 302 West Boswwen Street WInd Wff. Vkgkb 22601 Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The Declarant, or such other entity as is invested with title at the time of conveyance, hereby covenants that fee simple title to the common open space and parking areas (referred to hereinabove as "Common Areas") will be conveyed to the Association free and clear of all liens and encumbrances prior to the conveyance of the first lot in Village At Harvest Ridge, Section 3, to a grantee other than Greystone Developers, Inc. or Oakcrest Builders, Inc. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section I. Assessments: The Declarant, for each lot owned, hereby covenants, and each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay the association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection 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 at the time of the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. Purpose of Assessments: The assessments levied by the Association be used exclusively for the following purposes, to -wit: improvements and of the "Common Areas" including the private streets and rights of , specifically including, but not limited to, payment of real estate taxes, repairs, of snow from association -owned and maintained parking areas and streets O U'1 4.0 U 1.1 J. nat" McCarthy 6 Asmclates. P.C. Wneys a Canrselors at Law 302 West Bm awen Street WkKhester. Virob 226oi within said subdivision, maintenance and repair of any drainage and detention facilities, maintenance of street lights and payment of all utility charges therefore, maintenance and repair of utility and drainage easements, maintenance, and services and facilities devoted to the aforesaid purposes and expenses related to the use of and enjoyment of the "Common Areas"; and further, for the purpose of promoting the recreation, health, safety and welfare of the residents in the "Common Areas" of Village At Harvest Ridge. Section 3. Basis and Maximum Annual Assessments: Until January 1 of the year immediately following the conveyance of the first lot to an owner the maximum annual assessment shall be $2,400.00 per lot for all lots 25-35 and 71-82, inclusive. (a) From and after January 1 of the year immediately following the conveyance of - the first lot to an owner, the maximum annual assessment per lot may be increased above that set forth hereinabove 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 be in accordance with the procedures set forth in the Code of Virginia, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days or more than 60 days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to change in the maximum and basis of the assessments undertaken as an incident a merger or consolidation in which the association is authorized to participate its Articles of Incorporation. ) After consideration of current maintenance costs and future needs of the the board of directors may fix the annual assessments at an amount not excess of the maximum. 4. Special Assessments for Capital Improvements: In addition to the assessments authorized above, the association may levy in any assessment a special assessment applicable to that year only, for the purpose of defraying, whole or in part, the cost of any construction or reconstruction, unexpected repair replacement of a described capital improvement upon the "Common Areas", including but not limited to maintenance, repair and improvement of C CA 7 any association -owned parking areas and streets within said subdivision, including the necessary fixtures and personal property related thereto, provided that any such assessment shall be levied in accordance with the procedures required by the Code of Virginia §55-514, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authorized Under Sections 3 and 4. At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast 51 % 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 1/2 of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting, Section 6. Date of Commencement of Annual Assessments - Due Date: The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the first lot to a grantee other than Greystone Developers, Inc. or Oakcrest Builders, Inc. 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 30 days in advance of each annual assessment period. Written notice of 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 any time, furnish a certificate in writing signed by an officer of the Association, forth whether the assessments on a specified lot have been paid. A charge may be made by the Board for the issuance of these certificates. certificates shall be conclusive evidence of payment of any assessment therein to have been paid. J. DOU" McCarthy & Associates. P.C. Uneys & Cansclas at law 302 West Boscawen Sheet WbOester. VlroWa 226oi Cam_ CJl Q0 N 8 Section 7. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent if the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose said lien against property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his lot. Section 8. Subordination of the Lien to Mortgages: The lien of the assessments provided herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any lot. Sale or transfer of any lot shall not affect the assessment lien. However, the sale of transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Lot Transfer Fee: Every lot or parcel of property subject to this Deed of Dedication is subject to a Lot Transfer Fee. Upon the sale of any lot in Village at Harvest Ridge, the purchaser of such lot shall pay to the Homeowners Association a transfer fee of $500. Such fee shall be paid to the Association at the closing or settlement of the property. Section 10. Exempt Property The following property subject to this Declaration shall be exempt from the assessments created herein; (a) Any property owned by the Association; (b) All properties dedicated to and accepted by a local public authority; (c) Any and all lots owned by Declarant, Greystone Developers, Inc. or Oakcrest Builders, Inc., their successors or assigns for which a final Certificate of Occupancy has not been issued by the County of Frederick, J.Dou"MCGIMY Virginia or such other agency having jurisdiction thereof; and (d) All properties & Assodates. P.G ffmz s & CMWIm at Law 3o2 West Bwcawm Street Wmd ster. Vtgkb u6oi © 9 O (_n W • CO U1 owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain "Common Areas": In the event that the Association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the County Zoning Ordinance. The County of Frederick Zoning Ordinance and any and all amendments thereto is by this reference made a part hereof as if set out in full. Section 12. Dissolution of the Association: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created or for general welfare of the residents of Village At Harvest Ridge, Section 3. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the members of the association as tenants in common. ARTICLE VI COVENANTS AND RESTRICTIONS The lots in said Subdivision are subject to the following covenants and restrictions which shall be considered covenants real and running with the land and shall be binding on all parties and persons claiming under them and shall be for the benefit of and constitute limitations upon all future owners of said lots: 1. The development has been specially designed, constructed and equipped to meet the special needs of active senior adults. Furthermore, the organization, operation, and maintenance of services at the development will be structured and implemented to provide a safe and comfortable environment where senior adults can enjoy independence and security. To promote those goals and a community atmosphere, residency will be restricted to the extent allowed by law, to individuals at least fifty-five I DMIM McCarthy ti Associates, P.C. twrwys a Caasdors at law 702 West Bosom Street WhOester. Vtg M 226ot © 10 V, (-n 1-0 c-n (55) years old and couples of which at least one person is at least fifty-five (55) years old. 2. All lots shall be used for single-family residential purposes only. No I detached garage or carport shall be permitted on any Lot. Any utility or other out building on any Lot shall be of the same material and construction as the main structure on such lot. 3. No profession or home occupation shall be conducted in or on any part of a lot; provided, however, that DECLARANT reserves the right to use one or more of said Lots for business purposes in connection with development, sales and operation of said subdivision. This provision shall not be construed to prohibit the practice of "telecommuting" or the use of one's home office. The purpose of this provision is to restrict the use of the home as a place of business that will attract additional foot or automobile traffic to the subdivision or otherwise cause a nuisance to the neighborhood. 4. No signs or advertising of any nature shall be erected or maintained on any Lot except "For Sale" signs for said Lot which signs will not exceed five (5) square feet in area, or signs used by the Grantor to advertise the property during construction and sale. No "For Rent" signs shall be allowed or displayed on any Lot. 5. No exterior antennas shall be permitted on any lot. Satellite dishes are permitted and must be no larger than 24" in diameter. Prior to the installation of a satellite dish, the Lot owner must first obtain the written approval of the architectural review committee for the proposed placement of the said satellite dish on the Lot. 6. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, I oonelas McCarthy E Assodates. P.G Wx" fi Comtselors at law lox West Boscawen Street WNdrester. Vtgbda 226oi © i 11 motorcycles, pickup trucks, and 3/4 ton (or less) vans shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. 7. No animals of any kind (including livestock, poultry or birds) shall be permitted on any lot, except dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers. 8. No fence nor hedge shall be constructed nor planted along the front (street) boundary of any Lot; and no such fence or hedge shall be constructed or placed closer to the street than the rear corner of the main structure placed on the Lot. No fence shall be constructed within 25' of any street bounding the side of any corner lot. No fence or hedge shall exceed six (6) feet in height. Prior to the installation of any fence or hedge the Lot owner shall first obtain the written approval of the architectural review committee as to the placement and materials to be used. All hedges must be kept neatly trimmed. 9. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 10. In the event that a dwelling is destroyed, the owner of the dwelling within thirty (30) days from said destruction, shall clear away the debris and the remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. No structure other than one substantially similar to the original structure, having the same dimensions and similar architecture as the unit destroyed shall be constructed in the place of the original structure. J. oDU" McCarMy & Assadates. P.C. neys & Caeatm at Law 1 West Boscawen Street IIdIW f. V"M 22601 © I 12 i 1 Douglas McCarthy it Associates. P.C. ttomeys & Camsebrs at Law jot West Boscawen Street W6Khester. VWrda 226ot 11. All units shall be kept in good repair and order. In the event a dwelling unit is damaged, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. 12. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pickup, and should be placed in sanitary containers. 13. No exterior clothesline, or hanging device, shall be permitted on any Lot, except for an umbrella -type with a diameter not to exceed seven (7) feet; provided, however, the same may only be used in the rear of any dwelling house constructed on said lot and the clothes line is stored in a garage, utility building or the equivalent when the clothes line is not in use. 14. The color of the paint on the exterior of every building on each Lot shall be the same as the original color unless a different color from the original color has been approved by the architectural review committee. 15. No building, structure, addition nor exterior alteration or improvements of any character shall be constructed upon any Lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the architectural review committee as being in harmony with the whole subdivision. 16. No trees shall be planted nor other digging undertaken without first securing the approval of the local utility companies and without first being advised as to the location of all underground utilities. 0 cn 13 17. The Homeowners Association shall be responsible for providing certain maintenance services, including mowing of front and rear lawns, mulching of plant beds, spring clean-up, fall clean-up, and snow removal from member driveways and association owned sidewalks. The maintenance of any fenced -in area on any Lot or any area that has been made inaccessible to the maintenance crew due to actions of the lot owner shall be the responsibility of the Lot owner. 18. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the owners of a majority of lots in Village at Harvest Ridge Subdivision shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 19. The Grantor herein reserves and shall have the right alone to waive any one or more or the restrictive covenants and conditions contained herein as to any lot transferred by it except that it cannot change the use of any lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other lot. The Grantor further reserves the right alone to impose additional restrictive covenants and restrictions as to any lot or lots owned by it at the time of the i imposition and such imposition shall not affect the binding effect of these provisions upon any other lots. 20. The invalidation of any one of the covenants or restrictions contained herein by judgment or court order shall in nowise affect any of the other provisions, which shall remain in full force and effect. The failure of the lot owners of the Grantor herein to enforce any covenants or restrictions I Dou9W McCarthy e Atsoclates. P.C. neys 9 Counsd s at Law 2 West Mown Street rodrster. WOU 226o1 © i 14 0 cn w 11.0 shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 21. The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Greystone Developers, Inc., Greystone Properties, LLC, Oakcrest Properties, LLC or Oakcrest Builders, Inc., other than Village At Harvest Ridge, Section 3. ARTICLE VII EASEMENTS Section 1. Public Utility and Drainage Easements: The property dedicated hereby is subject to those certain easements or rights of way designated as Drainage Easements, Water & Sewer Easements, Sanitary Sewer Easements, Access and Utilities Easements, and Utilities Easements on the aforesaid plat of Village At Harvest Ridge. The Grantor does hereby grant and convey unto Frederick County, Virginia, or other agency having jurisdiction thereof, a perpetual right of way or easement for the construction, reconstruction, maintenance and repair of the aforesaid easements and any related facility designated on the aforesaid plat as Utility Easements. Section 2. Maintenance of Drainage Easements: The maintenance of all drainage easements located within the subdivision shall be maintained by the Association and in the event that said Association does not maintain said area, and the same in good repair, then the Grantor and/or Frederick County, as the case be, may come upon said property and make necessary repairs and perform maintenance is necessary with the cost of the same to be borne by the and in the event that said Association does not pay for said repairs and/or when billed, then said charge shall become a lien upon the property '&�Asso�daWP.r— lbelonging to the Association. xneys & CoMk n at Law 02 West BOSOM Street VinftSter. WORIa 22601 15 0 M 0 Section 3. Driveway Easements: The Common Areas shall be subject to easements for ingress and egress from the Lots to the streets located within Village At Harvest Ridge, Section 3. Section 4. Streets: Every Member shall have the right of ingress and egress to their respective Lots over the streets or areas marked for ingress/egress as designated on the attached Final Subdivision Plat of Village at Harvest Ridge, Section 3. J. Dmglas McCarthy & Associates. P.C. AemteyS & Cnalors at Law }oz West Boscawen Street WNKheSter. WgWa 226oi Section 5. Reservations: (a) The Grantor 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 utility easements set forth on the Final Subdivision Plat of Village At Harvest Ridge, Section 3, and over the Common Areas, as needed, provided that such easements shall not unreasonably interfere with the use and enjoyment of the Common Areas. (b) The Grantor further reserves unto itself, its successors or assigns, for a period of seven (7) years from the date of conveyance of the first lot in Village At Harvest Ridge, Section 3, a blanket easement and right of way on and over the ground within said Subdivision for the purposes of responding to, repairing, or rebuilding properties damaged by fire or other natural or unnatural disasters. Reservation by the Grantor of such blanket easement and rights contained herein shall not, in any way, obligate Grantor to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Grantor therefore. iV 1 Douglas McCarthy & Assodates. P.C. Mmeys & Co webrs at Law 3o2 West Bosom Street W6afiester. VYg Fda 22601 (c) The Grantor further reserves unto itself, its successors or assigns, for a period of seven (7) years from the date of conveyance of the first lot in Village At Harvest Ridge, Section 3, a blanket easement and right of way on, over and under the ground within said Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the Grantor shall restore the affected property to its original condition as near as practical. The Grantor shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the Grantor an emergency exists which precludes such notice. Reservation by the Grantor of such blanket easement and rights contained herein shall not, in any way, obligate Grantor to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Grantor therefore. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by a 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 17 I Douglas McCarthy & Associates, P.G Attorneys & Counselors at law 302 West Boscawen Street Winchester. Virginia 22601 40 charges, now or hereafter imposed, shall be borne by the party against which is taken and which costs shall include reasonable attorney's fees, costs and Section 2. Severability: Invalidation of any one of these covenants or by judgment or court order shall in no way affect any other provision shall remain in full force and effect, as described under Article VI, restriction o. 20, supra. Section 3. Amendment: The covenants and restrictions of this Declaration run with the land and bind the land, and shall inure. to the benefit of and be by the Association, or the Owner of any Lot subject to this Declaration, it respective legal representatives, heirs, successors and assigns, for a term of (15) years from the date this Declaration is recorded, after which time, said shall be automatically extended for successive periods of ten (10) years, except as otherwise allowed by the laws of the Commonwealth. The covenants and !restrictions of this Declaration my be amended during the first (15) year period by land 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, except as otherwise allowed by the laws of the Commonwealth. 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 Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desires of the undersigned Declarant, 18 O. M N •0 a '�tN1�N�tlryp,, .�'•r%*0 6q�` ,.. TAR. N0 l ,.... XVTAftmx , W"eSfer Nidda 6Q1 is in conformity with the provisions of "The Virginia Land Subdivision Act" as applicable, together with the applicable ordinances and regulations of the 10 body of Frederick County, Virginia, or other agency having jurisdiction The designated Common Areas are not dedicated hereby for use by the public but are dedicated to the common use and enjoyment of the owners in illage At Harvest Ridge subdivision, as provided hereinabove. The party of the third part consents to this Deed of Dedication and therefore oins in this declaration. WITNESS the following signatures and seals: On behalf of Greystone Developers, Inc.: By: /.�= . J [SEAL] For Frederick County, Virginia: 11 By: I [SEAL] For City of Winchester, Virginia: By: W-.v-K, 2` [SEAL] COMMONWEALTH OF VIRGINIA GFTY/COUNTY OF -if" _ , to -wit: Acknowledged before me this 14 Um day of , ;x. c , 2005, by �t )P i)LJ , who is of Greystone Developers, NOTARY PUBLIC commission expires: )&W a00� �nIU - 19 O Cn O gMONWEALTH OF�VIGINIA Y/COUNTY OF G(� ��.�� .�r �t� , to -wit: Acknowledged before me this day of 005, b ' �•,;" n , for , Virginia. ` • �,'; ARY PUBLIC 1T;' commission expires:14. ���� 0�0 d� }'' • '� MONWEALTH OF VIRGINIA /COUNTY OF to -wit: Acknowledged before me this day of , 2005, by for ���-M-er., Virginia. NOTARY PUBLIC My commission expires: J. oou" Mccamy & ASSOdaft P.C. Attorneys k Counselors at law 302 West Boscawen Street Whxhester. VYgkb 226oi 20 VICINITY MAP SCALE: 1 " = 1,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRA WINCHESTER DEPARTMENT OF PUBLIC UTILITI OWNER'S CONSENT: THE ABOVE AND FOREGOING THE ACCOMPANYING PLATS, THE SJI,VDERSIGNED OWNERS, SUBDIVISION OF VILLAGE AT HARVEST RIDGE, SECTION 3, AS APPEARS ON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF PROPRIETORS AND TRUSTEES. IF ANY. GREYSTONE DEVELOPERS, INC. l 1 9 r� (DATE) NOTARY PU UC STATE OF tcL --C�/COUNTY OF THE FOREGOING IN§TRUMENT WAS ACKNOWLEDGED BEFORE ME ON �� s BY Ci/1]LQ LW''L�J (DATE) t 0 iy�/" z MY COMMISSION EXPIRES )-2 •�/ c3 5 (NOTARY PUBLIC) ( ATE) M SURVEYOR'S CERTIFICATE I, CORY M. HAYNES, A DULY AUTHORIZED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO GREYSTONE DEVELOPERS, INC. BY DEED RECORDED AT ��,LTH p�, FINAL SUBDIVISION PLAT INSTRUMENT #040015981 AND CORRECTED AT Gz VILLAGE AT HARVEST RIDGE O rA INSTRUMENT #040017913,�• �,� SECTION 3 ALL AMONG THE LAND O SHAWNEE MAGISTERIAL DISTRICT RECORDS OF FREDERICK C) CORY M. HAYNES 9 FREDERICK COUNTY, VIRGINIA COUNTY, VIRGINIA. No. 2539 SCALE: AS SHOWN DATE: JANUARY 7, 2005 to) ?.A.`O S REVISED: OCT. 24, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION s� CONSULTING ENGINEERING -LAND SURVEYING -PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 9 T n AREA SUMMARY SECTION 3 AREA: 6.7982 ACRES AREA IN PRIVATE STREET ROW: 1.6225 ACRES AREA IN LOTS: 3.8548 ACRES AREA IN OPEN SPACE: 1.3209 ACRES NUMBER OF LOTS: 23 AVERAGE LOT SIZE: 7,301 SO. FT. SMALLEST LOT SIZE: 6,892 SQ. FT. PARENT PARCEL: 63—((A))-2 ZONED: RP MINIMUM SETBACK REQUIREMENTS FRONT = 20' TO PRIVATE ROAD (UNLESS OTHERWISE NOTED) REAR = 15' SIDE = 5' MINIMUM LOT AREA = 6,000 SQ. FT. NOTES 1. ALL LOTS ARE SINGLE FAMILY SMALL LOT. 2. PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. 3. NO DETACHED ACCESSORY BUILDINGS ARE PERMITTED PER § 165-65F(2)4 OF THE FREDERICK COUNTY ZONING ORDINANCE. 4. THE CITY OF WINCHESTER/FREDERICK COUNTY CORPORATE LIMIT LINE DEPICTED HEREIN IS AS SHOWN ON THE FINAL PLAT OF SUBDIVISION FOR HARVEST RIDGE, SECTION 2 RECORDED AT INST. #030002732 AND THE FINAL PLAT FOR WESTRIDGE, SECTION IIB RECORDED AT D.B. 273, PG. 493, SAID LIMITS ARE APPROXIMATE AND ARE NOT BASED ON A FIELD RUN SURVEY. 5. VBS = VOLUNTARY BUILDING SETBACK (EXCEEDING ZONING ORDINANCE REQUIREMENTS) TO ACCOMMODATE PROTECTED WOODLANDS OR EASEMENTS. 6. RBS = REVISED BUILDING SETBACK (10') AS SHOWN ON THE SUBDIVISION DEVELOPMENT PLAN "VILLAGE AT HARVEST RIDGE, PHASE 1, 2 & 3" FREDERICK COUNTY FILE APPLICATION No. SDP 20-03. REVISED BUILDING SETBACKS SHOWN HEREIN APPROVED BY THE FREDERICK COUNTY SUBDIVISION ADMINISTRATOR. 7. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 8. WITH REFERENCE TO THE PROFFERED GENERAL DEVELOPMENT PLAN (GDP), NUMBERED PARAGRAPH 8 (TRAILS & SIDEWALKS); THE SUBDIVISION DEVELOPMENT PLAN, "VILLAGE AT HARVEST RIDGE, PHASE 1, 2 & 3" FREDERICK COUNTY FILE APPLICATION No. SDP 20-03 SHOWS A PROJECT WIDE SIDEWALK SYSTEM (SHEETS 3, 4 AND OTHERS) THAT MEETS THE REQUIREMENTS OF GDP, PARAGRAPH 8. THE SIDEWALK SYSTEM AS PROPOSED IS CONTAINED WHOLLY WITHIN THE VARIABLE WIDTH ACCESS, DRAINAGE AND UTILITY EASEMENT SHOWN HEREIN. i.T H of � .r rJ CORY M. HAYNES 9 No. 2539 i0 J Z41o5 lq� sUR��4 FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 3 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: JANUARY 7, 2005 REVISED: OCT. 24, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 n CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD Cl 482.00' 6'25'31" 54.05' 27.05' SO4'14'53"E 54.02' C2 518.00' 3'22'35" 30.52' 15.27' N05'46' 1"W 30.52' C3 518.00' 6-46138" 61.27' 30.67' N O'34'16"W 61.24' C4 518.00' 6'39'50" 60.25' 30.16' N06'08'58"E 60.21' C5 518.00' 3'51'33" 34.89' 17.45' N11'24'3 " 34.88' C6 482.00' 4*22*02" 36.74' 18.38' S11'09' 5"W 36.73' C7 518.72' 09'00'00" 81.48' 40.82' N13'44'4 81.40' C8 518.00' 20*48*04" 188.06' 95.08' NO2'56'24" 187.03' C9 482.00' 3'05'43" 26.04' 13.02' S11'47'34"W 26.04' C10 482.00' 1*16'18" 10.70' 5.35' 09'36'33"W 10.70' C11 518.72' 2*21'11" 21.30' 10.65' N10'25'18"E 21.30' C12 518.72' 6'38'49" 60.18' 30.12' N14'55'1 "E 60.14' C13 533.50' 0*59,09" 9.18' 4.59' S10'28'1 "W 9.18' C14 43.00' 92'25'46" 69.37' 44.86' N58'45'13"W 62.09' C63 533.50' 4'29'55" 41.89' 20.96' S13*12'44"W 41.88' C64 466,50' 9'23'04" 76.41' 38.29' N10'46'1 "E 76.32' C65 466.50' 1'36'03" 13.03' 6.52' N14' 9'4 "E 13.03' C66 466.50' 7'22'30" 60.05' 30.07' N10'10'24" 60.01' C67 466,50' 0*24*31" 3.33' 1.66' N06'16'5 3.33' C68 418.00' 16'01'41" 116.93' 58.85' S14 5' "W 116.55' C69 418.00' 7'09'12" 52.19' 26.13' 9'39'14"W 52.15' C70 418.00' 8*17'00" 60.43' 30.27' S17'22'19"W 60.38' C71 418.00' 0'35'30" 4.32' 2.16' S21'48'34"W 4.32' C72 382.00' 0'47'46" 5.31' 2.65' N21'4 '26" 5.31' C73 1 197.50' 1 10'20'47" 35.66' 1 17.88' N16'08'10"E 35.62' LINE TABLE LINE BEARING LENGTH Li S08'58'24"W 2.32' L15 S10'57'46"W 15.45' L17 SOt'42'03"E 8.27' L18 S38'1O'32"W 9.94, 1.19 1 N09'11'5"E 59. 8' L20 S81'01'36"E 7.66' L21 S08'58'24"W 10.1 ' L22 N42'39'52"E 33.46' L23 S08'58'24"W 9.82' L24 N81'01'36"W 7.66' L33 S83'55'22"E 7.04' NOTE: LINE NUMBERS 2-14. 16 & 25-32 AND CURVE NUMBERS C15-C62 ARE OMITTED INTENTIONALLY. �p,LTH OF FINAL SUBDIVISION PLAT V � Grp VILLAGE AT HARVEST RIDGE k SECTION 3 SHAWNEE MAGISTERIAL DISTRICT CORY M. HAYNES FREDERICK COUNTY, VIRGINIA No. 2HA SCALE: AS SHOWN DATE: JANUARY 7, 2005 REVISED: OCT. 24, 2005 24�oS PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION �9A04' CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 'U ,S'[JM 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 667-2139 O cn �.J LOT INDEX LOTS SHEETI 25-29 5 30-34 35 71 & 72 7 73- 77 6 78-82 5 KEY SHEET Y NZ I w Lw a w PHASE 1 0� c� = a rr zle WH I N MEADOW COURT a w PRIVATE W w vT In N N > a RIDGE = ZILOT 25LOT 26LOT 27 LOT 28 LOT 79 Uj 0 LOT 29 LOT 78 0 N w LOT 30 Wj LOT 77 t~n g p pe) w wv w M LOT 31 LOT 76 z Z I Ld w Y o 0_ Q LOT 32 Q LOT 75 kx ' ui LOT 33 0- N LOT 74 I v LOT 34 Cy- LOT 73 u- Q � LOT 35 = ELOT Z Ovv ZP -TH olp Dr v CORY M. HAYNES No. 2539 GRAPHIC SCALE %oiZ4/C& 0 100 200 400 tq�D SL7R�p4 1 inch = 200 ft. SECTI N IIB —PROPOSED PHASE 4 EX. WEST VIEW LANE PIN 63-A-3 FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 3 E SHAWNEE MAGISTERIAL DISTRICT r FREDERICK COUNTY, VIRGINIA SCALE: 1 =200 DATE: JANUARY 7, 2005 REVISED: OCT. 24, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNIN 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 4 OF 1V 020020g82 HARVEST RIDGE INSj # SECTION 2 I I INST. #030002704 & I I LOT 41 #030002732 I I LOT 40 I WINCHESTER/FREDERICK ZONED: LR I LOT 43 I 0 COUNTY CORPORATE LIMIT (SEE NOTE 4) LOT 42 N 10'S7'26" E 1�8 9�.6 ' T-OTAL)_ OPEN SPACE =01� 707.U9 ' O PARCEL "A"31,442 SF �20, DRAINAGE ESMT. `J —20- SAN. SEWER ESMT. S10'57'26"W 861.49' TOTAQ _ 1 �`_ N10' 8'43"E 1 _ _ 3 60.00' 60.00 60.00 a, 0 0 3" 1' _ _ oM 60.18 60,04 BRL 15 BRL 15 BRL J z � 15' BRL 15 BRL - I I I LOT 79 I I LOT 78 co CI F I LOT 80 7,217 SF 7,117 SF I ' I 7,735 SF J J o 6' W n LOT LOT 81 J I� m- "m m- m = w 82 (� I 7,898 SF m in c� a 9^ I 8,939 SF J J m to in Z N I' ( Ld W Cw� F- o 0 J D: Of In �, o N m m- m 5 Q cwn J in III j( L_.- 20' BRL I L 20' BRL J I N _ I20 DRAINAGE III 2� 8%`' � C4 CS 25.14' ESMT. /` C3 C8 S13'2026"W 119,19' ,- N10'58'03"E_ 31.29' ��SEE NOTE 9 86.31 8.59' HARVEST RIDGE DRIVE L17 �18� �• VARIABLE WIDTH PRIVATE STREET) 6.65' Z:'1 SO UTILITY VARIABLE WIDTH ESMT, ACCESS. DRAINAGE AND UTILITY ESMT. (j20' WATER ESMT. L33 C64 C73 C72 � SEE NOTE 9--- — �06•04' "W 125.00 67 St0'S'46"W C71 C68 60.22' S6.89; 0. 1' C70 C69 7.89' I-0 RL - --r L w iL0 0' BRL —j —20'BRL BRL 20 BRL �* 3 LOT 26 LI LOT 28 � LOT 29w o N 7,0090 SF57,213 SF LOT 27 7,330 SF 7,638 SFW o cn p F-N.m 7.083 SF J- WJ w P in m m5(x v) (7) m$Ln m m m m m m(n o m z' I� U) ir) IL ln�y i'n m� W L19 L 15� BRL 11 I i I I 11 I (W _ _ _ VBS _ VBS _ VBS _ _ VBS _ NW40 47" 342.02' (TOTAL 7.60' 60.17' —\TVARIABLE WIDTH 3 S11'1�04 W 59.95' DRAT 60 OO,ESMT. 60.00' `��' S11•i2'54"w OPEN SPACE S1o'5746"w 240,0o N PARCEL $$B" Z F26,090 SF 660.16'SIV 44W 89927'1TOTA�PIN 63-A-2J PIN 63-A-3A N/F WALLS & CATHER I N/F WALLS ZONE: RA ZONE: RA D.B. 836, PG. 507 I INST. #030019716 USE: RESIDENTIAL I USE: RESIDENTIAL TH FINAL SUBDIVISION PLAT ply, �1� p VILLAGE AT HARVEST RIDGE SECTION 3 ✓' SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA U CORY M. HAYNES 9' SCALE: 1 "=50' DATE: JANUARY 7, 2005 GRAPHIC SCALE No. 2539 REVISED: OCT. 24, 2005 0. 25 50 100 Io'24'6S PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING SURD ,117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 50 ft. (540) 667-2139 _ ___ HARVEST RIDGE 02pp2pg82 ` SECTION 2 ►NST• # I LOT 44(INST. #030002704 & #?2 II LOT 46 II LO o�T,�47LOT 43 WINCHESTER FRED RICK ZONED: �-- I COUNTY CORPORATE LIMIT LOT 45 L(SEE NOTE 4) N10'57'26"E 899.60' (TOTAL) 1 _ OPEN SPACE 2 20' DRAINAGE ESMT. -- PARCEL "A" 31,442 SF 20' SAN• SEWER ESMT. _ S10'57'26"W 861.49' TOTAL) _ S1D'5'3 "W 24Q.00' TOTAL 4fi ICL _ 60.00 60.00 60.00 60, 00' 60.00' _ 15 BRL 'IT 15 BRL 15 BRL 15' BRL 15' BRL `n LOT 77 LOT 76 I I LOT 75 �1 1 LOT 74 �Oi3 s 3 F-- 6.953 SF 7,096 SF 7,079 SF 7,255 SF I- 00 LL.I J 0: Or Qr J J J Lv = m m m m m m m m' m m = F- O N ;n m in inin . in in in in 'n V J N � f�l�I Ld 20' BRL J �20' BRL I L� 20�BR_j„_ J L L68 0' BRL _I 20 aL- --?. L20 L21 25.14' _ C9 9, _ 0.04' 6LQ+0� 7.66' S13'20'26"W '119.19' '24 W 205.81' 9.91' WATER C6 —SEE NOTE 9 ESMT. HARVEST RIDGE DRIVE (VARIABLE WIDTH PRIVATE STREET) VARIABLE WIDTH ACCESS, DRAINAGE AND UTILITY ESMT. SOb-ug+ j? •. C64 S15'27'41"yy -SEE NOTE 9 ar66-00 C63 St0'S7'46"W 188.96'OTALC65 47,15- 18.14' 60.00 0.LO 0'BRLI' 20'BRL� I20' BRL 2 BRL I 20' BT 30 I LOT 31 �I I L-I 7,855 SF 7,109 SF LOT 32 �� I LOT 33 I LOT 34 N = 6,892 SF 7,170 SF 7,170 SF F- In -j -i Ld OJ Lil m m m 0° m m m m m m = ") �) I I Ln in in in o VBS '' � Ld �m VBS � I342.02' ZI m w 15 �I I,I w N09'40. '47"E TOTAL) BR L 15_BL -J (n VARIABLE WI TH L 15' BRL J L 15' BRL DRAINAGE 60.00' 1L22_60.00' ESMT. Si'57'46"W 120.00 0,40_ 60�0' Ni 60.00' 9.41' 93 S10'S7 46 W 240.00 S10'57 46 W 120.00 0 OPEN SPACE m PARCEL "B" a 26,090 SF "' 660.16' _ _ W S11'00'44' W 89� 9.27� TOTAL 0 i PIN 63-A-3A i' N/F WALLS 01 ZONE: RA N INST. #030019716 USE: RESIDENTIAL w a °Y ��j,T�j Off, FINAL SUBDIVISION PLAT % pf VILLAGE AT HARVEST RIDGE SECTION 3 �'�- �✓' SHAWNEE MAGISTERIAL DISTRICT i FREDERICK COUNTY, VIRGINIA U CORY M. HAYNES 9 SCALE: 1"=50' DATE: JANUARY 7, 2005 i GRAPHIC SCALE No. 2539 REVISED: OCT. 24, 2005 0 25 50 100 to1241ps PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION lq �4 CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 4 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 � 1 inch = 50 ft. (540) 667-2139 a. i SHEET 6 OF n: I As HA VEST 'RIDGE I LOT 48 SECTION 2 LOT 49 LOT 47 INST. #030002704 & WINCHESTER/FREDERICK #030002732 20, COUNTY CORPORATE LIMIT ZONED: LR DRAINAGE (SEE NOTE 4) ESMT. _ _ _ N10'57'26"E 899.60' TOTAL)_ OP S ACE 72o.o9s— — — PARCEL "A" 31,442 SF o S10'57'26"W 861.49' TOTAL_ S10'56'30"W-240.00�-(QAL)- - 00 0 c0 � 15 BRL 15 BRL -1 10) w ,� LOT 72 (I ( LOT 71 I I W ^ Ir 7,012 SF 7,068 SF of 0: Co m m m WLLJ ;� o CD V) tun) I mI IZ 20' BRL J I L- 20 RL J L2 L24 7.66' C11 _ �1 10. 1 C7 WATER ESMT. ` SEE NOTE 9 --� 20' SAN. SEWER ESMT. T # 020020� IN.zzz�;P; REMAINDER OF TMP 63 A-2 HARVEST RIDGE DRIVE i3 (VARIABLE WIDTH PRIVATE STREET) VARIABLE WIDTH 00 (PORTION OF vo ACCEss, D4M�T� PROPOSED SECTION 4) r, AND UTILITlz vi w C14 I '2 M I Q �� � Z. -SEE NOTE 9 9��1' Et;jS10'57'46"W 188.96'3222 z Zo Z O Lu 50.82 a.� En r Z (- 20' BRL I I cO LOT 35 z I- 6,870 SF Li m 0 o ln ' IZ I w I 1n 15' BRL fZQ.00' S10'57'46"W OPEN SPACE PARCEL "B" v 26,090 SF 660.16' 239.11_ --- - -- -- -- S11'00'44"W 899.27' (TOTAL) PIN 63-A-3A N/F WALLS ZONE: RA INST. #030019716 USE: RESIDENTIAL I �.LT H 0 FINAL SUBDIVISION PLAT L VILLAGE AT HARVEST RIDGE o� frP SECTION 3 �' �,� SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA U CORY M. HAYNES 9 SCALE: 1 "=50' DATE: JANUARY 7, 2005 GRAPHIC SCALE No. 2539 REVISED: OCT. 24, ZOOS 0 25 50 100 10 jZ41QS PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION l9� V 0'- CONSULTING ENGINEERING - LAND SURVEYING - PLANNING S[IR 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 50 ft. (540) 667-2139 n `: REZONING REQUEST PROFFER Property Identification Number 63-A-2 Back Creek Magisterial District VILLAGE AT HARVEST RIDGE Preliminary Matters Pursuant to Section 15.2-2296 et. Sea., of the code of Virginia 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to condition rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #10-02 for the rezoning of 16.92 acres from Rural Area (RA) to Residential Performance (RP) and the rezoning with revised proffer of 9.82 acres from RP (single family) to RP (small lot -age restricted). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. The approval of theses proffers shall eliminate and void any pre-existing statement controlling development of the lands involved. Monetary Contribution The undersigned, who own the above described property, herby voluntarily proffer that if the Board of Supervisions for the County of Frederick, Virginia approves the rezoning for the 26.74 acres, with frontage along Cedar Creek Grade in the Back Creek Magisterial District of Frederick County, Virginia to RP (small lot -age restricted), the undersigned will pay to Frederick County at the time the first building permit is applied for the sum of $1,539.00 per residential building lot. General Development Plan Voluntarily proffered is the attached Generalized Development Plan which includes the following conditions: 1. All housing within the 26.74 acre tract shall be single family small lot in accordance with the County zoning ordinance. A maximum of 90 single family lot units shall be construction on the property. 2. All streets shall be private with approved connection to two City maintained interparcel connector streets. Terms of city streets to have approved turn around for vehicular traffic. 3. The 26.74 acre tract shall be designated by deed to be "age restricted" under the U.S. Fair Housing Act. Stipulations shall require at least 80% of the occupied housing units have an occupant who is 55 or older and that no unit shall be occupied by a child under the age of 19 as a permanent resident. The intent is to provide a project for retirement housing that does not generate an impact of the Frederick County School system. 4. An emergency only private road connection shall be made to Cedar Creek Grade in the County in the location shown. 5. A landscape screen shall be installed along the west property line between areas of preserved vegetation. 6. Existing trees and vegetation in designated open space areas to be cleaned up, protected and preserved. This preserved vegetation shall serve as a landscape screen against adjacent uses. Some clearing may be necessary for utilities and stormwater management in which case the vegetative screen shall be supplemented with new planting in order to achieve the purpose of a landscape screen. 7. Side and rear lot lines of small lot development adjacent to the existing or proposed City single family housing shall be located a minimum of 25' from the project boundary line and the resulting open space shall have an interior landscape screen or preserved natural vegetation. 8. Trails and/or sidewalks at least 4' in width shall connect each lot in the development. The walkways to be continuous to allow a pedestrian to walk to all parts of the project without leaving the walkway system. The system is to connect to city sidewalks at "2" in both locations. Walkways to be either in front or rear of dwelling units. ATTACHMENT TO: FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 3 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: JANUARY 7, 2005 REVISED: OCT. 24, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 667-2139 REZONING REQUEST PROFFER CONTINUED: C Property Identification Number 63-A-2 Back Creek Magisterial District C VILLAGE AT HARVEST RIDGE The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in.addition to other requirements set forth in the Frederick County Code. V1RtUINIA: FREDERICK COUNTY. SCT. This instrument of writing eras produced to ow (xi at..1`% and with certificate of acknowledgement thereto annexed was admitted to record. T 1mposed by Sec. 5&1-V2 of / 3 G $ , and 58.1-801 have been paid, if gsaessable m 4ew AA01rc-VM ,Clerk � 0 I n i rn N N W Y ATTACHMENT TO: 3 FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE ' SECTION 3 SHAWNEE MAGISTERIAL DISTRICT o FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: JANUARY 7, 2005 REVISED: OCT. 24, 2005 Vn PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION c~i CONSULTING ENGINEERING - LAND SURVEYING - PLANNING o 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 i SHEET 9 OF d: I oou" McCarthy & AMOCIAes. P.C. torrteys & Cauwfts at law 302 West BOSQW= Street WkxMsw. Wonla 226ot O 050026767 co Zn THIS DEED OF DEDICATION, made this L4 day of November, 2005, by i GREYSTONE DEVELOPERS, INC., a Virginia stock corporation, hereinafter called i the DECLARANT or GRANTOR, whether one or more, party of the first part, and CITY OF WINCHESTER, VIRGINIA, (herein called the City), party of the second per• WHEREAS, the Grantor is the owner in fee simple of the real estate shown on that certain Final Subdivision Plat drawn by Cory M. Haynes, dated October 24, 11 2005, known as VILLAGE AT HARVEST RIDGE, SECTION 3 Which Final Subdivision Plat is attached hereto and incorporated herein by reference as if set out in full; and, WHEREAS, said real estate, as shown on the aforesaid attached Final Subdivision Plat, has been subdivided into lots for construction of single-family homes thereon (Lots 25 through 35 inclusive and 71 through 82 inclusive) and the hereinabove referenced Final Subdivision Plat shows accurately the metes and bounds of the subdivided land, together with the subdivision to be used as open space, streets, utility easements, ingress, egress, and drainage easements, all of which shall constitute a portion o f that development known as Village At Harvest Ridge, Section 3 and which common areas shall be owned and/or maintained by the Village At Ridge Homeowners Association, Inc., upon the terms and conditions as set hereinafter; and, WHEREAS, the Grantor now desires to subdivide the same into lots to be as Village At Harvest Ridge, Section 3. The subdivision of said real estate, as now appears on the aforesaid attached Final Subdivision Plat, is with the free and in accordance with the desires of the undersign9d Grantor, and the further desires to subdivide the aforesaid real estate in accordance with the I & ASsodates, M amneys & Cowsebrs at Law 302 West Bosrawen Street WYtdow. VtrRM 226ot 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 the Dedication, the Grantor does hereby subdivide all of the certain tract or parcel of land designated as Village At Harvest Ridge, Section 3, lying and being situate in Frederick County, Virginia, and being more particularly described by that certain Final Subdivision Plat of Village At Harvest Ridge, Section 3, drawn by Cory M. Haynes, L.S., dated October 24, 2005, containing Lots 25 through 35 inclusive and 71 through 82 inclusive, which Final Subdivision Plat is attached hereto and incorporated herein by reference as if set out in full. All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real and 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 Village at Harvest Ridge Homeowners Association. Inc., a non -stock Virginia Corporation, its successors and assigns. Section 2. "Common Area" shall mean and refer to that certain real property described as "open space" in Village At Harvest Ridge, Section 3, and such additions thereto as may hereafter be brought within the jurisdiction of the Company. Section 3. "Lot' shall mean and refer to any of the Lots (lots 25 through 35 inclusive and 71 through 82, inclusive, designated upon the final C) c-, ca 0-4 2 J. Dw" McCarthy B Associates. P.C. .ttameys & Cwtcselas at taw 3o2 West Boscawen Street W6tftster. Vk8Wa 22601 plats of Village At Harvest Ridge, Section 3), with the exception of the open space, defined as "Common Areas" hereinabove. Section 4. "Member" shall mean and refer to every person or entity that holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of Village At Harvest Ridge, Section 3, as shown on the hereinabove- referenced final plats, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" or "Grantor" shall mean and refer to Greystone Developers, Inc., a Virginia stock corporation, 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 that is subject to assessment by the Association. Ownership of such lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS The Association shall have two classes of voting membership: Class A: Except for the Grantor (which shall initially be a Class B member), Class A members shall be all of the Owners of the Lots. Each Class A member shall be entitled to one vote per Lot for each Lot owned by it, in all proceedings in action shall be taken by members of the Association. Class B: The Class B member shall be the Grantor and any owner to whom Grantor assigns such voting rights at the time of conveyance of Lots to that party. : Class B member shall be entitled to three votes per Lot for each Lot owned by it, all proceedings in which action shall be taken by members of the Association. J. Dat" McCarthy & ASSOCIAES. P.C. ,aorneys & Comsdm at law 302 West Boscawen Street WhK hesYer. VYgWa 22601 0 c.n co co The vote of any Class A member comprised of two or more persons, or other legal entities, or any other combination thereof, shall be cast in the manner provided for in the Articles of Incorporation of the Association, or as the several constituents may determine, but in no event shall all such constituents cast in the aggregate more than one vote per Lot for each Lot owned by them. The Class B membership in the Association shall cease and be converted to Class A membership in the Association on the ninth anniversary of the date of this Declaration; provided, however, that the Class B Membership shall be revived (and the Grantor shall again be entitled to three votes for each Lot owned by the Grantor) during any periods of time occurring before the ninth anniversary of the date of the Declaration, when, by reason of the annexation of additional land as part of the Property, additional Lots owned by the Grantor exist which, when added to the other Lots then owned by the Grantor, would result in the Grantor having more than 50% of the votes of the Association were the Grantor to have three votes for each Lot owned by the Grantor instead of only a single vote for each Lot owned by the Grantor. BOARD OF DIRECTORS The affairs of the Association shall be managed by a board of not less than (5), but no more than nine (9) directors, who must be members of the association. initial board of directors shall be appointed by the Declarant herein and serve the first annual meeting following conveyance of the first lot in Village At lest Ridge, Section 3, to a grantee other than Greystone Developers, Inc. or -rest Builders, Inc.; thereafter, the Board of Directors shall be elected by the as determined in the Bylaws of the Association. TREASURER The board of directors shall decide whether or not the Treasurer of the shall be bonded with surety; and if so, the expense of such a fidelity bond the treasurer to be borne by the Association. 4 I Douglas McCarthy & ASSOdateS. P.C. IM & CauOsdaS at taw z West BOscawen Street ncheAff. VtgiNa 2z6oi CA 03 c.ro ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section I. 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 "Common Areas", the lots owned shall be given notice of any such proposed mortgage of said "Common Areas" as set forth in Paragraph (c), infra. (b) The rights of the Association to suspend the voting rights and the right to the use of the "Common Areas" by a member for any period during which any assessment against his lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than thirty (30) days nor more than sixty (60) days in advance. (d) Any and all other rights or privileges conferred upon the Association by the laws of the Commonwealth of Virginia. ; M; 5 I DWOU MCCAMY 8 Associates. P.C. tameys fl Counubrs at taw 302 West Mown %W WbKhesla. Vtgkk 226oi Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The Declarant, or such other entity as is invested with title at the time of conveyance, hereby covenants that fee simple title to the common open space and parking areas (referred to hereinabove as "Common Areas") will be conveyed to the Association free and clear of all liens and encumbrances prior to the conveyance of the first lot in Village At Harvest Ridge, Section 3, to a grantee other than Greystone Developers, Inc. or Oakcrest Builders, Inc. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section I. Assessments: The Declarant, for each lot owned, hereby covenants, and each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay the association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected 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 at the time of the assessment fee was due. The personal obligation shall pass to his successors in title unless expressly assumed by them, but shall as a lien upon said lot as set forth hereinabove. ion 2. Purpose of Assessments: The assessments levied by the Association l be used exclusively for the following purposes, to -wit: improvements and of the "Common Areas" including the private streets and rights of , specifically including, but not limited to, payment of real estate taxes, repairs, of snow from association -owned and maintained parking areas and streets l�J J. Douglas McCarthy & ASSotiata. P.C. .ttarneys & Counselors at Law 3o2 West Boscawen Street WNdreM. Vkgkb 22601 within said subdivision, maintenance and repair of any drainage and detention facilities, maintenance of street lights and payment of all utility charges therefore, maintenance and repair of utility and drainage easements, maintenance, and services and facilities devoted to the aforesaid purposes and expenses related to the use of and enjoyment of the "Common Areas"; and further, for the purpose of promoting the recreation, health, safety and welfare of the residents in the "Common Areas" of Village At Harvest Ridge. Section 3. Basis and Maximum Annual Assessments: Until January 1 of the year immediately following the conveyance of the first lot to an owner the maximum annual assessment shall be $2,400.00 per lot for all lots 25-35 and 71-82, inclusive. (a) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment per lot may be increased above that set forth hereinabove the next succeeding year and at the end of each period, for each succeeding period of one year, provided that any such change shall be in accordance with the procedures set forth in the Code of Virginia, at a meeting duly called for this purpose, written notice of which shall be sent to all not less than 30 days or more than 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 a merger or consolidation in which the association is authorized to participate its Articles of Incorporation. ,) After consideration of current maintenance costs and future needs of the the board of directors may fix the annual assessments at an amount not excess of the maximum. 4. Special Assessments for Capital Improvements: In addition to the assessments authorized above, the association may levy in any assessment a special assessment applicable to that year only, for the purpose of defraying, whole or in part, the cost of any construction or reconstruction, unexpected repair replacement of a described capital improvement upon the "Common Areas", including but not limited to maintenance, repair and improvement of CA 7 I any association -owned parking areas and streets within said subdivision, including the necessary fixtures and personal property related thereto, provided that any such assessment shall be levied in accordance with the procedures required by the Code of Virginia §55-514, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authorized Under Sections 3 and 4. At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast 51 % o 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 1/2 of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting, Section 6. Date of Commencement of Annual Assessments - Due Date: The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the first lot to a grantee other than Greystone Developers, Inc. or Oakcrest Builders, Inc. 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 30 days in advance of each annual assessment period. Written notice of annual assessment shall be sent to every owner subject thereto. The due dates be established by the Board of Directors. The Association shall, upon demand any time, furnish a certificate in writing signed by an officer of the Association, forth whether the assessments on a specified lot have been paid. A charge may be made by the Board for the issuance of these certificates. certificates shall be conclusive evidence of payment of any assessment therein to have been paid. I Uott" MCCarnty & Assodates. P.t: Weys & Cansdw at law 302 West BOSOM Street WkKhesteC VkUW 226ot CA t-0 N 8 i moas McCarthy & Auodates. P.C. th neys & Caamekn at Law 302 West Boscawen Street WkKheSter. VWa13 22601 Section 7. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent if the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose said lien against property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his lot. Section 8. Subordination of the Lien to Mortgages: The lien of the assessments provided herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any lot. Sale or transfer of any lot shall not affect the assessment lien. However, the sale of transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Lot Transfer Fee: Every lot or parcel of property subject to this Deed of Dedication is subject to a Lot Transfer Fee. Upon the sale of any lot in Village at Harvest Ridge, the purchaser of such lot shall pay to the Homeowners Association a transfer fee of $500. Such fee shall be paid to the Association at the closing or settlement of the property. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) Any property owned by the Association; (b) All properties dedicated to and accepted by a local public authority; (c) Any and all lots owned by Declarant, Greystone Developers, Inc. or Oakcrest Builders, Inc., their successors or assigns for which a final Certificate of Occupancy has not been issued by the County of Frederick, Virginia or such other agency having jurisdiction thereof; and (d) All properties C=) Cn w W FJ CD Ul I Douglas MCCaMY & Acsodates. P.C. ttomeys & Cq Sd= at LAW 7o2 West Boscawen Street WNdtestet. Wt" 22601 owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain "Common Areas": In the event that the Association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the County Zoning Ordinance. The County of Frederick Zoning Ordinance and any and all amendments thereto is by this reference made a part hereof as if set out in full. Section 12. Dissolution of the Association: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created or for general welfare of the residents of Village At Harvest Ridge, Section 3. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the members of the association as tenants in common. ARTICLE VI COVENANTS AND RESTRICTIONS The lots in said Subdivision are subject to the following covenants and restrictions which shall be considered covenants real and running with the land and shall be binding on all parties and persons claiming under them and shall be for the benefit of and constitute limitations upon all future owners of said lots: 1. The development has been specially designed, constructed and equipped to meet the special needs of active senior adults. Furthermore, the organization, operation, and maintenance of services at the development will be structured and implemented to provide a safe and comfortable environment where senior adults can enjoy independence and security. To promote those goals and a community atmosphere, residency will be restricted to the extent allowed by law, to individuals at least fifty-five 10 • 0 (-n l0 U1 (55) years old and couples of which at least one person is at least fifty-five (55) years old. 2. All lots shall be used for single-family residential purposes only. No detached garage or carport shall be permitted on any Lot. Any utility or other out building on any Lot shall be of the same material and construction as the main structure on such lot. 3. No profession or home occupation shall be conducted in or on any part of a lot; provided, however, that DECLARANT reserves the right to use one or more of said Lots for business purposes in connection with development, sales and operation of said subdivision. This provision shall not be construed to prohibit the practice of "telecommuting" or the use of one's home office. The purpose of this provision is to restrict the use of the home as a place of business that will attract additional foot or automobile traffic to the subdivision or otherwise cause a nuisance to the neighborhood. 4. No signs or advertising of any nature shall be erected or maintained on any Lot except "For Sale" signs for said Lot which signs will not exceed five (5) square feet in area, or signs used by the Grantor to advertise the property during construction and sale. No "For Rent" signs shall be allowed or displayed on any Lot. 5. No exterior antennas shall be permitted on any lot. Satellite dishes are permitted and must be no larger than 24" in diameter. Prior to the installation of a satellite dish, the Lot owner must first obtain the written approval of the architectural review committee for the proposed placement of the said satellite dish on the Lot. 6. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, 1 DOUOM McCarthy ti ASSOdaim W harneys a CarsdW at law 302 West BOscaaeo Stred Wind miff. VWFda 226os © I 11 i motorcycles, pickup trucks, and 3/4 ton (or less) vans shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. 7. No animals of any kind (including livestock, poultry or birds) shall be permitted on any lot, except dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers. 8. No fence nor hedge shall be constructed nor planted along the front (street) boundary of any Lot; and no such fence or hedge shall be constructed or placed closer to the street than the rear corner of the main structure placed on the Lot. No fence shall be constructed within 25' of any street bounding the side of any corner lot. No fence or hedge shall exceed six (6) feet in height. Prior to the installation of any fence or hedge the Lot owner shall first obtain the written approval of the architectural review committee as to the placement and materials to be used. All hedges must be kept neatly trimmed. 9. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 10. In the event that a dwelling is destroyed, the owner of the dwelling within thirty (30) days from said destruction, shall clear away the debris and the remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. No structure other than one substantially similar to the original structure, having the same dimensions and similar architecture as the unit destroyed shall be constructed in the place of the original structure. I Uou" McCarMy 8 Associates. P.C. mteys 8 Counselors at law oz West Boscawen Street Vmdzster. Vir M 226ot 12 0 cn I Dwgias McCarthy It Associates. P.C. ft"ys & COa1tsdors at Law 302 West Boscawen Street W61tl1eSW VkOb 22601 11. All units shall be kept in good repair and order. In the event a dwelling unit is damaged, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. 12. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pickup, and should be placed in sanitary containers. 13. No exterior clothesline, or hanging device, shall be permitted on any Lot, except for an umbrella -type with a diameter not to exceed seven (7) feet; provided, however, the same may only be used in the rear of any dwelling house constructed on said lot and the clothes line is stored in a garage, utility building or the equivalent when the clothes line is not in use. 14. The color of the paint on the exterior of every building on each Lot shall be the same as the original color unless a different color from the original color has been approved by the architectural review committee. 15. No building, structure, addition nor exterior alteration or improvements of any character shall be constructed upon any Lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the architectural review committee as being in harmony with the whole subdivision. 16. No trees shall be planted nor other digging undertaken without first securing the approval of the local utility companies and without first being advised as to the location of all underground utilities. 13 I Oou" McCarthy 6 Associates. P.G nmeys ti Cmnsfts at Law toz West Boscawen Street YkK t sW. VWrda 126oi 17. The Homeowners Association shall be responsible for providing certain maintenance services, including mowing of front and rear lawns, mulching of plant beds, spring clean-up, fall clean-up, and snow removal from member driveways and association owned sidewalks. The maintenance of any fenced -in area on any Lot or any area that has been made inaccessible to the maintenance crew due to actions of the lot owner shall be the responsibility of the Lot owner. 18. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the owners of a majority of lots in Village at Harvest Ridge Subdivision shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 19. The Grantor herein reserves and shall have the right alone to waive any one or more or the restrictive covenants and conditions contained herein as to any lot transferred by it except that it cannot change the use of any lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other lot. The Grantor further reserves the right alone to impose additional restrictive covenants and restrictions as to any lot or lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other lots. 20. The invalidation of any one of the covenants or restrictions contained herein by judgment or court order shall in nowise affect any of the other provisions, which shall remain in full force and effect. The failure of the lot owners of the Grantor herein to enforce any covenants or restrictions 14 I Douglas Mdamy a Assodata. P.G tto Ms a Caatseltts at law 7o2 West Bosom Sheet WYWWM. VkOb 22601 O CII UO shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 21. The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Greystone Developers, Inc., Greystone Properties, LLC, Oakcrest Properties, LLC or Oakcrest Builders, Inc., other than Village At Harvest Ridge, Section 3. ARTICLE VII EASEMENTS Section 1. Public Utility and Drainage Easements: The property dedicated hereby is subject to those certain easements or rights of way designated as Drainage Easements, Water & Sewer Easements, Sanitary Sewer Easements, Access and Utilities Easements, and Utilities Easements on the aforesaid plat of Village At Harvest Ridge. The Grantor does hereby grant and convey unto Frederick County, Virginia, or other agency having jurisdiction thereof, a perpetual right of way or easement for the construction, reconstruction, maintenance and repair of the aforesaid easements and any related facility designated on the aforesaid plat as Utility Easements. Section 2. Maintenance of Drainage Easements: The maintenance of all drainage easements located within the subdivision shall be maintained by the Association and in the event that said Association does not maintain said area, and the same in good repair, then the Grantor and/or Frederick County, as the case be, may come upon said property and make necessary repairs and perform maintenance is necessary with the cost of the same to be borne by the and in the event that said Association does not pay for said repairs and/or when billed, then said charge shall become a lien upon the property ina to the Association. 15 CD M 0 Section 3. Driveway Easements: The Common Areas shall be subject to easements for ingress and egress from the Lots to the streets located within Village At Harvest Ridge, Section 3. Section 4. Streets: Every Member shall have the right of ingress and egress to their respective Lots over the streets or areas marked for ingress/egress as designated on the attached Final Subdivision Plat of Village at Harvest Ridge, Section 3. J. Douglas mmvmy & Assodates. P.C. Moneys & Counselors at Law 3w West Boscawen Sweet WNcnester. Wonla 226oi Section 5. Reservations: (a) The Grantor 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 utility easements set forth on the Final Subdivision Plat of Village At Harvest Ridge, Section 3, and over the Common Areas, as needed, provided that such easements shall not unreasonably interfere with the use and enjoyment of the Common Areas. (b) The Grantor further reserves unto itself, its successors or assigns, for a period of seven (7) years from the date of conveyance of the first lot in Village At Harvest Ridge, Section 3, a blanket easement and right of way on and over the ground within said Subdivision for the purposes of responding to, repairing, or rebuilding properties damaged by fire or other natural or unnatural disasters. Reservation by the Grantor of such blanket easement and rights contained herein shall not, in any way, obligate Grantor to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Grantor therefore. IV Y (c) The Grantor further reserves unto itself, its successors or assigns, for a period of seven (7) years from the date of conveyance of the first lot in Village At Harvest Ridge, Section 3, a blanket easement and right of way on, over and under the ground within said Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the Grantor shall restore the affected property to .its original condition as near as practical. The Grantor shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the Grantor an emergency exists which precludes such notice. Reservation by the Grantor of such blanket easement and rights contained herein shall not, in any way, obligate Grantor to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Grantor therefore. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by a 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 I Mugat ntcca" & ASSOdates. M Atlwns & Counselors at Law 302 West Bosmen Sheet WkKheStff. Vk" 22601 © 17 J. Douglas McCarthy h MSOcIM M. P.C. Momys & Co unseW at law 3o2 West Bosmm WW WYarie W. VkOk 22601 charges, now or hereafter imposed, shall be borne by the party against which is taken and which costs shall include reasonable attorney's fees, costs and Section 2. Severability: Invalidation of any one of these covenants or by judgment or court order shall in no way affect any other provision ich shall remain in full force and effect, as described under Article VI, restriction 20, supra. Section 3. Amendment: The covenants and restrictions of this Declaration run with the land and bind the land, and shall inure.to the benefit of and be by the Association, or the Owner of any Lot subject to this Declaration, respective legal representatives, heirs, successors and assigns, for a term of (15) years from the date this Declaration is recorded, after which time, said shall be automatically extended for successive periods of ten (10) years, as otherwise allowed by the laws of the Commonwealth. The covenants and of this Declaration my be amended during the first (15) year period by and instrument signed by not less than ninety percent (90%) of the Lot Owners, and , by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners, except as otherwise allowed by the laws of the Commonwealth. 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 Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desires of the undersigned Declarant, I 18 ?:t,OTAR -4W,d W Iqn*&!QUIKl = at Law �.. j is in conformity with the provisions of "The Virginia Land Subdivision Act' as applicable, together with the applicable ordinances and regulations of the body of Frederick County, Virginia, or other agency having jurisdiction The designated Common Areas are not dedicated hereby for use by the al public but are dedicated to the common use and enjoyment of the owners in ;e At Harvest Ridge subdivision, as provided hereinabove. The party of the third part consents to this Deed of Dedication and therefore in this declaration. WITNESS the following signatures and seals: On behalf of Greystone Developers, Inc.: By: ; /,r...J [SEAL] For Frederick County, Virginia: By:_ J [SEAL] For City of Winchester, Virginia: By: 4 • 2L [SEAL] COMMONWEALTH OF VIRGINIA C- TY/COUNTY OF �Q,y , to -wit: Acknowledged before me this 14 day of , 2005, by who is of Greystone Developers, I c. NOTARY PUBLIC 103.r. commission expires:" 80 _ SOD; o_ /0 V W 19 C) M O MMONWEALTH OF,VIPGINIA .L 7Y/COUNTY OF to -wit: cknowledged before me this day of � 005, b ��•,'" for Vir inia. 1 ARY PUBLIC commission expires: -3� ot0 D� �+y w •` MONWEALTH OF VIRGINIA /COUNTY OF to -wit: Acknowledged before me this day of , 2005, by Vir inia. for EW:----- ---= NOTARY PUBLIC commission expires: J. Douglas McCarthy 4 ASSOtlates. P.C. Attorneys & Counselors at Law 302 West Boscawen Street Winchester. Virginia 226ot 20 T n VICINITY MAP SCALE: 1" = 1,000' APPROVED BY.- FREDERICK COUNTY SUBDIVISION ADMINISTRA WINCHESTER DEPARTMENT OF PUBLIC UTILITIES OWNER'S CONSENT: THE ABOVE AND FOREGOING THE ACCOMPANYING PLATS, THE JJ�MERSIGNED OWNERS, 0i SUBDIVISION OF VILLAGE AT HARVEST RIDGE, SECTION 3, AS APPEARS ON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF PROPRIETORS AND TRUSTEES, IF ANY. GREYSTONE DEVELOPERS, INC. (DATE) NOTARY PU LC . STATE OF lei `f-Y C/COUNTY OF��� THE FOREGOING I TRUME1NT WAS ACKNOWLEDGED . BEFORE ME ON �� �-s BY ` (jC/C�+C J -47 (DATE) MY COMMISSION EXPIRES �� •�/ l� (NOTARY PUBLIC) ( ATE) SURVEYOR'S CERTIFICATE I, CORY M. HAYNES, A DULY AUTHORIZED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO GREYSTONE DEVELOPERS, INC. BY DEED RECORDED AT �p,.,TH ply, FINAL SUBDIVISION PLAT INSTRUMENT #040015981 VILLAGE AT HARVEST RIDGE AND CORRECTED AT O � INSTRUMENT #040017913, �• �,� SECTION 3 ALL AMONG THE LAND O SHAWNEE MAGISTERIAL DISTRICT RECORDS OF FREDERICK tJ CORY M. HAYNES 9 FREDERICK COUNTY, VIRGINIA COUNTY, VIRGINIA. No. 2539 SCALE: AS SHOWN DATE: JANUARY 7, 2005 REVISED: OCT. 24, 2005 �oI?,�}`oS PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 9 AREA SUMMARY SECTION 3 AREA: 6.7982 ACRES AREA IN PRIVATE STREET ROW: 1.6225 ACRES AREA IN LOTS: 3.8548 ACRES AREA IN OPEN SPACE: 1.3209 ACRES NUMBER OF LOTS: 23 AVERAGE LOT SIZE: 7,301 SO. FT. SMALLEST LOT SIZE: 6,892 SO. FT. PARENT PARCEL: 63—((A))-2 ZONED: RP MINIMUM SETBACK REQUIREMENTS FRONT = 20' TO PRIVATE ROAD (UNLESS OTHERWISE NOTED) REAR = 15' SIDE = 5' MINIMUM LOT AREA = 6,000 SQ. FT. NOTES 1. ALL LOTS ARE SINGLE FAMILY SMALL LOT. 2. PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. 3. NO DETACHED ACCESSORY BUILDINGS ARE PERMITTED PER § 165-65F(2)4 OF THE FREDERICK COUNTY ZONING ORDINANCE. 4. THE CITY OF WINCHESTER/FREDERICK COUNTY CORPORATE LIMIT LINE DEPICTED HEREIN IS AS SHOWN ON THE FINAL PLAT OF SUBDIVISION FOR HARVEST RIDGE, SECTION 2 RECORDED AT INST. #030002732 AND THE FINAL PLAT FOR WESTRIDGE, SECTION IIB RECORDED AT D.B. 273, PG. 493. SAID LIMITS ARE APPROXIMATE AND ARE NOT BASED ON A FIELD RUN SURVEY. 5. VBS = VOLUNTARY BUILDING SETBACK (EXCEEDING ZONING ORDINANCE REQUIREMENTS) TO ACCOMMODATE PROTECTED WOODLANDS OR EASEMENTS. 6. RBS = REVISED BUILDING SETBACK (10') AS SHOWN ON THE SUBDIVISION DEVELOPMENT PLAN "VILLAGE AT HARVEST RIDGE, PHASE 1, 2 & 3" FREDERICK COUNTY FILE APPLICATION No. SDP 20-03. REVISED BUILDING SETBACKS SHOWN HEREIN APPROVED BY THE FREDERICK COUNTY SUBDIVISION ADMINISTRATOR. 7. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 8. WITH REFERENCE TO THE PROFFERED GENERAL DEVELOPMENT PLAN (GDP), NUMBERED PARAGRAPH 8 (TRAILS & SIDEWALKS); THE SUBDIVISION DEVELOPMENT PLAN, "VILLAGE AT HARVEST RIDGE, PHASE 1, 2 & 3" FREDERICK COUNTY FILE APPLICATION No. SDP 20-03 SHOWS A PROJECT WIDE SIDEWALK SYSTEM (SHEETS 3, 4 AND OTHERS) THAT MEETS THE REQUIREMENTS OF GDP, PARAGRAPH 8. THE SIDEWALK SYSTEM AS PROPOSED IS CONTAINED WHOLLY WITHIN THE VARIABLE WIDTH ACCESS, DRAINAGE AND UTILITY EASEMENT SHOWN 'HEREIN. yT H of L r IPON V CORY M. HAYNES 9 No. 2539 Io1Z41oS tq� s� v FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 3 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: JANUARY 7. 2005 REVISED: OCT. 24, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 667-2139 j;"' CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD Cl 482.00' 6'25'31" 54.05' 27.05' SO4'14'53"E 54.02' C2 518.00' 3'22'35" 30.52' 15.27' N05'46' 1 "W 30.52' C3 518.00' 6'46'38" 61.27' 30.67' N00'34'16"W 61.24' C4 518.00' 6'39'50" 60.25' 30.16' N06'08'58"E 60.21' C5 518.00' 3' 1'33" 34.89' 17.45' N 11 *2 4'3 34.88' C6 482.00' 4'22'02" 36.74' 18.38' S11'09'25"W 36.73' C7 518.72' 09'00'00" 81.48' 40.82' N13'44'43"E 81.40' C8 518.00' 20*48*04" 188.06' 95.08' NO '56' 4" 187.03' C9 482.00' 3'05'43" 26.04' 13.02' S11'47'34"W 26.04' C10 482.00' 1*16'18" 10.70' 5.35' S09'36'3 "W 10.70' C11 518.72' 2*21'11" 21.30' 10.65' N1 '25'18"E 21.30' C12 518.72' 6'38'49" 60.18' 30.12' N14' '1 "E 60.14' C13 533.50' 0'59'09" 9.18' 4.59' S10' '1 "W 9.18' C14 43.00' 2'25'46" 69.37' 44.86' N58'45'1 "W 62.09' C63 533.50' 4'29'55" 41.89' 20.96' S13'1 '44"W 41.88' C64 466.50' 9'23'04" 76,41' 38.29' N10'46'1 76.32' C65 466.50' 1*36*03" 13.03' 6.52' N14' 9'4 13.03' C66 466.50' 7'22'30" 60.05' 30.07' N1 '10'24"E 60.01' C67 466.50' 0'24'31" 3.33' 1.66' N06'1 '53"E 3.33' C68 418.00' 16'01'41" 116.93' 58.85' S14' "W 116.55' C69 418.00' 7'09'12* 52.19' 26.13' S09' 9'14"W 52.15' C70 418.00' 8*17'00" 60.43' 30.27' S17 '1 "W 60.38' C71 418.00' 015'30" 4.32' 2.16' S 1'4 4"W 4.32' C72 382.00' 0'47'46" 5.31' 2.65' N21'4 '26"E 5.31' C73 197.50' 10'20'47" 35.66' 1 17.88' N16'08'1 "E 35.62' LINE TABLE LINE BEARING LENGTH Ll S08'58' 4"W 2.32' L15 S10'57'46"W 15.45' L17 S01'42'03"E 8.27' L18 S38'10'32"W 9.94, L19 I N09'11'5"E 59.28' L20 S81'01'36"E 7.66' L21 S08'58'24"W 10.18, L22 N4 '39'52"E 3 .46' L23 SO '58'24"W 9.82' L24 N81'01'36"W 7.66' L33 S83' 5'2 "E 7.04' NOTE: LINE NUMBERS 2-14. 16 & 25-32 AND CURVE NUMBERS C15-C62 ARE OMITTED INTENTIONALLY. p,LTH OF Dr FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SHAWNEE MEG S,TOERIAL DISTRICT v CORY M. HAYNES 9 FREDERICK COUNTY, VIRGINIA No. 253 HA SCALE: AS SHOWN DATE: JANUARY 7, 2005 REVISED: OCT. 24, 2005 1D�24f OS PATTON HARRIS RUST & ASSOCIATES ,1,,, A PROFESSIONAL CORPORATION �9''L sm-45 4 C� 7 E.TPICCADILILYERING - LAND SURVEYING - STREET. WINCHES ER. VIRGINIAL22601G (540) 667-2139 rn O J F, I OT INnFX LOTS SHEET 25-29 5 30-34 6 35 71 & 72 7 73- 77 6 78-82 5 6`3\ Asti S� / N8 KEY SHEET w �6 PHASE 1 C� w a — oWH I w Z PRIVATE g w v ui LAG Al Q gE �HARVESRIDSECTION 1 w o� it LOT 25 r. _ LOT 82 LOT 26 LOT 81 LOT 27 LOT 80 r LOT 28 LOT 79 LOT 78 LOT 29 LOT 30 LOT 77 LOT 31 LOT 76 LIJ w Y LOT 32 Q LOT 75 kLOT S� 33 NLOT 74 LOT 34 LOT 73 0l3 ¢ w LOT 35 = LOT 72 z LOT 71 n 0 U I PROPOSED - PHASE 4 PIN 63—A-3 �Q O TH of Gj v CORY M. 11AYNES 9 No. 2539 GRAPHIC SCALE 161Z41as o goo zoo •oo SUR 1 inch = 200 ft. MEADOW COURT IDGE N 118 EX. WEST VIEW LANE FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE ' SECTION 3 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=200' DATE: JANUARY 7, 2005 REVISED: OCT. 24, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNIN 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 4 OF 5 ? 171 020020982 HARVEST RIDGE I I INS • f�-� SECTION 2 INST. #030002704 & I I LOT 41 #030002732 I I LOT 40 I WINCHESTER/FREDERICK ZONED: LR I LOT 43 I ,- COUNTY CORPORATE LIMIT (SEE NOTE 4) LOT 42 — N10'57'26"E I899.E ' TOTAL)— OPEN SPACE 7 » �� 31,442 SF 20' DRAINAGE ESMT• PARCEL A o 20_ SAN. SEWER ESMT. S10'57'26"W 861.49' TOTAQ _ N10'58'43"E 180. 0_ _ 3 ra- 60.00' 60.00 60.00 o M 60.18 60.04 � BRL 15` BRL 15 71 BRL J 000 z N ( 15 BRL I 15 BRL LOT 79 I LOT 78 �I f I LOT 80 7.217 SF J J 7,117 SF J W LOT 81 7,735 SF J J cr LOT 82 ( J m m m' m m- w o I 7,898 SF 0` m ;n ;n N o we '- 0 I J 8,939 SF �n �n Z N I Ld W a►-O F in N Q m- m 5 Q N ��m m ni �' III jI L 20' BRL -J I L BRL J = Izj L I20' DRAINAGE I I ( 20 8% 3 C4 CS S13'20'S.14' C Co 26 W 119.19 LE�MT. -3— �- N10'58'03"E_ 31.29' ��-SEE 86.31 8.59= L17 L18, 0 6.65' �1 HARVEST RIDGE DRIVE (VARIABLE WIDTH PRIVATE STREET) ESMT.Y `- VARIABLE WIDTH ACCESS, DRAINAGE AND UTILITY ESMT. CL20' WATER ESMT. L33 L15125.00' C64 C73 C72 SEE NOTE 9 06'p4' "W 6 S10'S'46"W C71 C68 60 22' S6.89� 0. 1' 770 Cb9 7.89' f --10 �0 RL �" 20' BRL --) �" ___, 20 BRL w I r 20' BRL I 20 BRL Q Q N �* 3 I I LOT 6 I I LOT 28 Ij I LOT 29 o N �w 7,0090 SF5 7.213 SF LOT 27 7.330 SF 7,638 SF _ W o Jcn U o N •m m, � J J 7.083 SF J� J J J -j W M 5; w V) ' 'n m m m m m m m m V) o _ z1 I I,n ,n��1I ,n Ln in mlzl I� ml�l W 15' BRL 1 ' I I I I 17, cnL19 L_-.. JVBS VBS _ VBS _ VBS _N�9'40 45" 342.02' (TOTAL 60' 60.17' VARIABLE WIDTH 3Sll'1�04 W 59.95� DRAINAGE XSMT. 60.00 — 60.00' sli'i2'o4"W OPEN SPACE S1o'57 46"w 240.00 N PARCEL "B" z F 26.090SF 660.16'Sl1'0044W89927'jTOTA�— PIN 63-A-2J PIN 63-A-3A N/F WALLS & CATHER I N/F WALLS ZONE: RA ZONE: RA D.B. 836, PG. 507 I INST. #030019716 USE: RESIDENTIAL I USE: RESIDENTIAL PLT H OF FINAL SUBDIVISION PLAT p VILLAGE AT HARVEST RIDGE SECTION 3 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA U CORY M. HAYNES 9 SCALE: 1 "=50' DATE: JANUARY 7, 2005 GRAPHIC SCALE No. 2539 REVISED: OCT. 24, 2005 0 25 50 100 11>124101. PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNIN SURV , 117 E. PICCADILLY STREET. WINCHESTER, VIRGINIA 22601 1 inch = 50 ft. (540) 667-2139 HARVEST RIDGE I I INST• # 02 020 I SECTION 2 INST. #030002704 & I LOT 44 I #030002732 ( I I LOT 43 I WINCHESTER/FREDgRICK ZONED: LR I LOT 46 I LOT 47 COUNTY CORPORATE LIMIT LOT 45 (SEE NOTE 4) _ N10'57'26"E 899.60' (TOTAL) 1 T OPEN SPACE °•09, 20' DRAINAGE ESMT. PARCEL "A" 31,442 SF 20' SAN. SEWER ESMT. _ _ S10'57'26"W 861.49' TOTAL _ S10'56'3 "W 24 .00' TOTAL 4fi 10L. _ 60.00 50.00 60.00 60.00' 60.00' _ BRL � ' � 15� BRL 15 BRL f 15' BRL 15' BRL 1I `� LOT 77 (I LOT 76 I I LOT 75 U� jO 55 4 I31 I 70131 SF 3 N F- F- 6,953 SF 7,096 SF 7,079 SF 00 W J J J J _i J J J J J� W = (m m m m m m m m m 07 Ld = O 0 1n ;n in in in in in ,n in in 0 V) J J Ld N LLJ 20' BRL L_20' BRL J 20_BR_{ _ J L 2Q' BRL J L 20 BRL L20 L21 25.14'134On'C9 9„�,3._ 60.04..E 6Q O!L 7.66' S13'20'26'1 , S08'S8 24 W 205.81' 9.91' WATER C6 SEE NOTE 9 ESMT. HARVEST RIDGE DRIVE (VARIABLE WIDTH PRIVATE STREET) VARIABLE WIDTH ACCESS, DRAINAGE AND UTILITY ESMT. S06.04'38"W C64_ S15'27'41"W _-SEE NOTE 9-- 125.00' C66 C63 S10.57'46"W 188.96' OTAL C65 47,15- 18.14' 60.00 0. 20' BRL 2o' BRL -- � I � F— 20' BRL F 20 BRL � I F 20' BRL � I ~ LOT 30 LOT 31 w 7,855 SF 7,109 SF I LOT 32 LOT 33 LOT 34 ?I rn = 5,892 SF 7,170 SF 7,170 SF N ~ N Cr m Q' D_' QJ' 0: OJ W m m m m m m m m m V) �m m. I� VBS �� (� m , in VBS '342.02' t5 ( III LN' 9'4Q47"E TOTAL) BR L 15_B� VARIABLE WI TH L 15, BRL J L 15' BRA DRAINAGE 60.00' _�L22_60.00' ESMT. S10'57'46"W 120.00 O,QO_ 60 00, S10.57 46 W 400o OPEN SPACE 1 s10•57 4s w 120-00 PARCEL "B" 26 090 SF 660.16' I _ _ _ Sl l'00'44' W 89� (TOTAL F- W W `n M o W •J W U) PIN 63-A-3A N/F WALLS ZONE: RA INST. #030019716 USE: RESIDENTIAL H OF FINAL SUBDIVISION PLAT VILLAGE SE3ST RIDGE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA CORY M. HAYNES 9 SCALE: 1"=50' DATE: JANUARY 7, 2005 GRAPHIC SCALE No. 2539 REVISED: OCT. 24, 2005 o 25 50 100 I& JZ410S PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNIN SURy v 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 1 Inch = 50 ft. (540) 667-2139 HA VEST 'RIDGE I LOT 48 SECTION 2 LOT 49 LOT 47 INST. #030002704 & WINCHESTER/FREDERICK #030002732 20* COUNTY CORPORATE LIMIT ZONED: LR DRAINAGE (SEE NOTE 4) ESMT. _ NIO-57-26"E 899.60' TOTAL) — OP S ArE 727d - PARCEL "A" 31,442 SF o S10'57'26"W 861.49' TOTAL_ S1 15'BRL 15'9RLim r- w M LOT 72 I LOT 71 I I Ld M. 7,012 SF 7,068 SF N 0 J J J co m m Lli W N to �n �� Iin �I Iz 20' BRL J IL 20' BRL J L2 L24 7.66' C11 — -91 10.0 r C7 WATER ESMT. SEE NOTE 9-- HARVEST RIDGE DRIVE (VARIABLE WIDTH PRIVATE STREET) VARIABLE WIDTH ACCESS, DRAINAGE AND UTILITY ESMT. C14 ---SEE NOTE 9 S10'57'46"W 188.96 C13 , 5 T50.81' �-7206' BRL � I c° LOT 35 I3 F- 6,870 SF �t LL.1 J =mm J jl�N OJ N 4n IZ Ld II W V 15' BRL _f 60.00' SI O-57'46"W OPEN SPACE PARCEL "B" 26,090 SF 660.16, _ S11'00'44"W 899.27' (TOTAL) GRAPHIC SCALE ? 0 25 50 100 1 inch = 50 ft. 20' SAN. SEWER ESMT. 0200209� IN©,i,i�o REMAINDER OF TMP 63-A-2 (PORTION OF PROPOSED SECTION 4) 1 I I I 239.11' PIN 63-A-3A N/F WALLS I ZONE: RA INST. #030019716 USE: RESIDENTIAL I O WESTRIDGE -" LOT 64 �LD FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 3 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA v CORYSCALE: 1"=50' DATE: JANUARY 7, 2005 NREVISED: OCT. 24, 2005 IOPATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION NSULTING ENGINEERING - LAND SURVEYING - PLANNING 17 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 REZONING REQUEST PROFFER Property Identification Number 63-A-2 Back Creek Magisterial District VILLAGE AT HARVEST RIDGE Preliminary Matters e Pursuant to Section 15.2-2296 et. Sea., of the code of Virginia 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to condition rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #10-02 for the rezoning of 16.92 acres from Rural Area (RA) to Residential Performance (RP) and the rezoning with revised proffer of 9.82 acres from RP (single family) to RP (small lot -age restricted). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. The approval of theses proffers shall eliminate and void any pre-existing statement controlling development of the lands involved. Monetary Contribution The undersigned, who own the above described property, herby voluntarily proffer that if the Board of Supervisions for the County of Frederick, Virginia approves the rezoning for the 26.74 acres, with frontage along Cedar Creek Grade in the Back Creek Magisterial District of Frederick County, Virginia to RP (small lot -age restricted), the undersigned will pay to Frederick County at the time the first building permit is applied for the sum of $1,539.00 per residential building lot. General Development Plan Voluntarily proffered is the attached Generalized Development Plan which includes the following conditions: 1. All housing within the 26.74 acre tract shall be single family small lot in accordance with the County zoning ordinance. A maximum of 90 single family lot units shall be construction on the property. 2. All streets shall be private with approved connection to two City maintained interparcel connector streets. Terms of city streets to have approved turn around for vehicular traffic. 3. The 26.74 acre tract shall be designated by deed to be "age restricted" under the U.S. Fair Housing Act. Stipulations shall require at least 80% of the occupied housing units have an occupant who is 55 or older and that no unit shall be occupied by a child under the age of 19 as a permanent resident. The intent is to provide a project for retirement housing that does not generate an impact of the Frederick County School system. 4. An emergency only private road connection shall be made to Cedar Creek Grade in the County in the location shown. 5. A landscape screen shall be installed along the west property line between areas of preserved vegetation. 6. Existing trees and vegetation in designated open space areas to be cleaned up, protected and preserved. This preserved vegetation shall serve as a landscape screen against adjacent uses. Some clearing may be necessary for utilities and stormwater management in which case the vegetative screen shall be supplemented with new planting in order to achieve the purpose of a landscape screen. 7. Side and rear lot lines of small lot development adjacent to the existing or proposed City single family housing shall be located a minimum of 25' from the project boundary line and the resulting open space shall have an interior landscape screen or preserved natural vegetation. 8. Trails and/or sidewalks at least 4' in width shall connect each lot in the development. The walkways to be continuous to allow a pedestrian to walk to all parts of the project without leaving the walkway system. The system is to connect to city sidewalks at "2" in both locations. Walkways to be either in front or rear of dwelling units. ATTACHMENT TO: FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 3 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: JANUARY 7, 2005 REVISED: OCT. 24, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, MCHESTER, VIR.GINIA 22601 (540) 667-2139 REZONING REQUEST PROFFER CONTINUED: Property Identification Number 63-A-2 Back Creek Magisterial District VILLAGE AT HARVEST RIDGE The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in.addition to other requirements set forth in the Frederick County Code. VIRGINIA: FREDER.ICK COUNTY, SCT. This instrument of writing was produced to time (m -r 5-OS at,=� I Loh2 and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec. 5&1$12 of / 3 0 $ , and 58.1-801 have been paid, if 1imssabie m N M 4e'ew A/f//0?d'—j , Clerk N 0 i rn i w Q Y ATTACHMENT TO: FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 3 SHAWNEE MAGISTERIAL DISTRICT o FREDERICK COUNTY, VIRGINIA i SCALE: AS SHOWN DATE: JANUARY 7, 2005 REVISED: OCT. 24, 2005 PATTON HARRIS RUST & ASSOCIATES i A PROFESSIONAL CORPORATION u CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 0 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 Cr (540) 667-2139 0. SHEET 9OF9 a .5 o ILC91%CK COUNT Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 18, 2005 Mr. Christopher M. Mohn, AICP Director of Operations, Land Development & Properties Division Oak Crest Companies 2055 Valley Avenue Winchester, Virginia 22601 RE: Village at Harvest Ridge Section 3 Final Plat Approval Dear Chris: This letter is to confirm that the final plats for the Village at Harvest Ridge, Section 3, were approved on November 15, 2005. I have provided you with three (3) copies for recordation. These plats call for 23 residential lots. Please contact me regarding any questions you may have at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 gilbert w, diiford & _ssociates e GlvlalOn ur Patton H ems Rust & Asauciates,pc Englneare. Surveyors Planners, Landccripe Architnote, PHR i VVI East Br,VcairolyStreet,Suite200 Winchester, Vlrpinla 22801 T 544667.2139 F 540.665.D493 Fax Transmittal To: Candice Mills Organization/Company: Frederick County Planning Fax Number: From: Ron Mislowsky Date: March 31, 2004 Project Name/Subject: Village at Harvest Ridge Internal Project File Number; _ — Total Pages including cover: 4 A hard copy of this fax Q will ❑ will not be mailed to you. Comments: I've attached the County Engineer approval and the deed vacating the drain field easement for your records, C U it you have questions. NOTE: This message is intended for the use of the, addressee and may contain information that is privileged and confidential, If you are not the intended recipient, you are hereby notified that any disselrtination of this communication is strictly prohihited. If )xm receive this facsimile in error, please notify ua umnrdiately at the number above. Thank you. t•d EsbO-999-0is •posse I PJQJJ TIO •m•Z e0bt0i b0 TE Jew COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX. 540/679-0682 March 19, 2004 Mr, Ronald A. Mislowsky, Jr., P.E. Vice President G. W_ Clifford & Associates, Inc. a division of Patton Harris Rust & Associates, p.c. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Subdivision Plan Comments - Village at Harvest Ridge Frederick County, Virginia Dear Ron: Upon review of the revised subdivision plan dated March 9, 2004, all of our previous continents have been addressed. Therefore we recommend approval of the subject subdivision plan. Sincerely, C Joe C_ Wilder Deputy Director JCW/rls cc: Frederick County Planning and Development file A Avllatharve%trdgere.vc.m1.wp4 107 North Kent Street • Winchester, Virginia 22601.5000 z•d E6*0-999-0b9 •vosse I PJOJJ tiv •m•2 e1b:01 *0 le jeW TC 665 0493 P.2-,3 RAISON a X~YON ^7rQMEYS AT tAW VMrCNE3M, ORMUk THIS DEED OF EXCHANGE made this V day of December, 2002, by and between GRJMT01vF P tQ 1;AT1Ea A C, a Virginia limited liability company, the Grantor, and T[1' M F.NTERPRI ES. LLC, a Virginia limited company, the Grantee. In consideration of the mutual exchange of real. property effecred herein, and other valuable consideration, receipt of which is hereby acluiowledged, the Grantor does hereby grant and convey with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, the following property: All that certain lot or property containing .255 acres, more or less, described as "0.255 Acres to Pin 63-A-2H" fronting on Cedar Creek Grade in'Frederick Countiivirginia, as more fully shown on that certain Boundary Line Adjustment Plat of H. Bruce Edens, L.S., dated September 26, 2002, attached hereto and made a part hereof by reference. In consideration whereof, and for other valuable consideratinn, receipt of which is hereby acknowledged, the Grantee does hereby grant and convey with General Warranty And with English Covenants of Title, unto the Grantor, in fee simple, together with all rights, rights of way, privileges anal, appurtenances thereto belonging the following: 1. That certain lot containing .2S5 acres, more particularly described as "0.255 Acres to Pin 63-A-2" having a enrnmon boundary of 145,37 feet with the property retained by the Grantee as shown on the aforementioned plat of H. Bruce Edens, L.S., dated September 26, 2002; and 2. All the Grantee's right, title and interest in that certain Drain field Easement created in need of record in the Clerk's Office of the C.ircuir Court of Frederick County, Virginia, in Deed Book 635, at Page 385, which g -d e6b0-999-ObS •oosse I PJQJJ do 'm-Z eT*.Oi �P0 1E Jew 0 665 0493 P.3/3 ARisaN a.ioyQ�TP4' ATTakNEYS AT b4* ., NNCN[BTER VIRCINOA- was appurtenant to the real property retained by the Grantee herein; it being the intent of the Grantee to give up forever all rights it may have in said Drain Field Easement and to extinguish that casement. Witness the following signatures and seals: GREYSTONE PROPERTIES, LLC By TURNER ENTERPRISES, LLC By: (SEAL) STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTE,R, TO -WIT: Subscribed and sworn to before me this day of December, 2002, by James R. Wilkins, III, as Manager of Greystone Properties, LLC. My commissioJt expires CIO 3. 1 diary Public STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, TO -WIT: Subscribed and sworn to beforc me this 31.4, day of December, 2002, by R. J. Turner, as Manager of Turner Enterprises, LLC. My commission expires C Notary Public E6b0-999-0AS -posse I PJQJJtIO 'm'2 e1-�:01 b0 1E -Jew COUNTY of FREDERICK Department of Public Works 540/ 665-5643 FAX: 540/ 678-0682 March 19, 2004 Mr. Ronald A. Mislowsky, Jr., P.E. Vice President G. W. Clifford & Associates, Inc. a division of Patton Harris Rust & Associates, p.c. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Subdivision Plan Comments - Village at Harvest Ridge Frederick County, Virginia Dear Ron: Upon review of the revised subdivision plan dated March 9, 2004, all of our previous comments have been addressed. Therefore we recommend approval of the subject subdivision plan. Sincerely, Joe C. Wilder Deputy Director JCW/rls cc: Frederick County Planning and Development file A:\vilatharvestrd gerevcom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COMMONWEALTH ®f VIRGI IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 January 28, 2004 Mr. Ronald A. Mislowsky, P. E., V.P. G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref: Village at Harvest Ridge Route 622, Cedar Creek Grade, and Route 628, Middle Road Frederick County Dear Ron: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 We have received your site plan dated December, 2003 for the referenced project. It appears all of our earlier review comments have been satisfactorily addressed. Please advise the owner of our approval. Since no land use permit from VDOT will be required and it appears access for construction activities may occur on existing City of Winchester streets and then onto Routes 622 and 628, proper care should be exercised to keep locations of access clear of construction debris. Should you have any questions, do not hesitate to call. Sincerel , Barry J. Sweitzer, Trans. Roadway EngineV For: Lloyd A. Ingram, Transportation Engineer BJS/rf Enclosure xc: Mr. Dave Heironil us Mr. Jeremy Camp BAN 9 ",004 _.� VirginiaDOT.org WE KEEP VIRGINIA MOVING REQUEST FOR SUBDIVISION COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5600 The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. c/o Ronald A. Mislowskv 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Village at Harvest Ridge Location: Just west of City of Winchester corporate limits, adjoining Harvest Ridge, Immediatelv south of Cedar Creek Grade Route 622 Virginia Department of Transportation Comments: The application for subdivision of this property appears to have little measurable impact on Route 622, Cedar Creek Grade, and Route 628, Middle Road, the VDOT facilities which would provide access to the prope is section of must m ill be required for review. See attached letter from VDOT to Ron Mislowsky dated January 28, 2004. VDOT Signature and Date:— 2 311 C? (NOTICE TO RESIDENT ENGINEER*PLE E RETURN THIS FORM T,0 APPLICA NOITCE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. 0 Ar 'P�a UYLICK C Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 22, 2005 Mr. Randy A. Stowers Patton Harris Rust and Associates 117 Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Review Final Plats Village at Harvest Ridge, Section 3 Dear Randy: I have had an opportunity to review the plat for Village at Harvest Ridge, Section 3. You will need to address the following comments: 1. Need to revise area summary to include ROW on page 2. 2. Need to delineate phases on page 5 for the project. 3. Need to delineate zoning of adjoining properties on pages 6, 7, and 8. 4. Need to delineate all sizes and type easements on all plats. 5. Need to delineate road width on all plats. 6. Need to delineate trails or sidewalks on all plats per proffered General Development Plan (GDP). Please address the above comments and re -submit. If you have any questions call me at (540) 665-5651. Sincerely, ' `Mark R. C ran Zoning & Subdivision Administrator MRC/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 t --*I COt. FILL COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401665-6395 June 2, 2006 Mr. James Vickers OakCrest Companies 2055 Valley Avenue Winchester, Virginia 22601 RE: The Village at Harvest Ridge Subdivision Dear Jim: On May 30, 2006, representatives from the County Fire and Rescue Department, County Administration, and the Planning Department met to discuss the process by which these agencies review development proposals. This meeting was the direct result of some design concerns that had been previously discussed with members of your company in relation to the Harvest Ridge development. Our goal is to make the development review process efficient yet thorough, and the incident recently encountered in Harvest Ridge has energized our process improvement efforts. During our meeting, we reviewed the actions which led to revisions of the road network for the northern -most portion of Harvest Ridge. We also discussed and appreciate your willingness to implement a revised road width for Harvest Ridge Drive in an effort to accommodate emergency service vehicles. We evaluated the emergency access road linking Harvest Ridge and the Homespun site, and determined that revisions to this emergency access would not be necessary; the bollards could remain as they presently exist. In our due diligence to re -certify that the Harvest Ridge subdivision design plan met emergency access requirements, we reviewed the project's entire road network design. Unfortunately, concerns were again raised with the road design for the project's southern cul-de-sacs. Based on field observations, the road improvements in this portion of the development have yet to be constructed. Hopefully, we might be able to work together to remedy these concerns prior to construction of this infrastructure. We would request an opportunity to meet with you so that we might discuss these new concerns and potential remedies. We are available on the following dates: Tuesday, June 6 in the afternoon; or anytime on Thursday, June 8. If these dates do not work for you, please advise of a better time for your schedule. 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Mr. James Vickers Re: The Village at Harvest Ridge Subdivision June 2, 2006 I look forward to hearing from you and confirming a meeting time that accommodates your schedule. Si rely, fi /Eric R. Lawrence, AICP Planning Director ERL/rsa Cc: Chris Mohn, OakCrest Companies Kris Tierney, Assistant County Administrator Gary DeBrueler, Director of Fire and Rescue Denny Linaburg, Fire Marshal Mark Cheran, Zoning Administrator y 17 04 10:40a e!.w. Clifford & 8SSOO- 54n-GG5-0493 P•1 hECEIVED gBbert w. Clifford & associates a rnVof rr i c MAY 1 7 `J u 4 rattan H nrris Rust t & A9socintus � Cnginerm Surveyors. planner.,, Londacape Architect.,. j R Wi Feet 9irradIlly,Virpni 226U, Suilc 2p0 PLANNFREDEING iCK COUNTY EVELOPM H. WinchCMar,Virgmla21601 PLAhgJiNG&DEVELOPMENT 540.667.2139 FA f 540.6950493 Fax Transmittal 493 To: Candice Mills Organization/Company: Frederick CountyPlaiuiiq Fax Number: From: _ Ron Mislowsky Date: May 17, 2004 Project Name/Subject: Village at T-iarvest Ride Internal Project File Number: Total Pages including cover: 3 A hard copy of this fax ❑ will ❑ will not be mailed to you. Comments: City Utilities arm Frederick County Fire and P.escuc's approvals. NOTE: his message is intended for the use of the addressee and may contain information that is pnvilcged and confidential. If you are not the intended recipient, you are hereby notified that any dissemination of this conimunicat,nn i,; quietly prohibited. if yuu ccccivc this facsimile in error, please notify us invmtediately at the number above. Thank you. May 17 04 10:40a w.w. Clifford & assoc. 54^-665-0493 p•2 CITY OF WINCHESTER VIRGINY Rouss'City Hall 15 Nor[h Cameron Street Winchester, VA 22601 540-667- t 815 FAX: 540-722-3018 TDD: 540.722-0782 Web Site: W W W,Ci.WiMrhesWr.va.u4 April 12, 2004 Gilbert W. Clifford & Associates 117 East Piccadilly Street Winchester, Virginia 22601 Attn: Ron Mislowsky Subject: Village at Harvest Ridge Dear Mr. Mislowsky: We have reviewed the following with respect to the water and sanitary sewer infrastructure: Construction drawings for The Village at Harvest Ridge -sheets 1 through 23 of 23, cover sheet dated December 5, 2003-revised April 6, 2004. The plans are approved as submitted. if you should have any questions, please do not hesitate to call. Sincerely, , ;�,, rn o," +. Dennis Makely d'� Engineering Inspector "Providing quality services to our citizens in a cost-effective, efficient and courteous manner, while anticipating the figure needs of our community." Mai 17 04 10:40a 1W.w. clifford & assoc. 5n^-6135-0493 p.3 �.. Frederick County Fire and Rescue Department Office of the Fire Marshal -w Dian Review and Comments Control number hate received Date reviewed Date Revised SD03-0016 4/7/2004 4/12/2004 4!7/2004 Project Name Applicant Villfige of Harvest Ridge G.W,Clifford & Associates Address City State zip Applicant Phone 117 E.Piccadilly Street Winchester VA 22601 640-667-2139 Type Application Tax ID Number Fire District Rescue District Subdivision 63-A-2 it 15 Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Recommendations Automatic Fire Alarm System Y95 Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Election District Back Creek Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh Tltle PILCA S . PROVED FP,E l,YAASHAL, FR ED AiCK COUNTY gilbert w. clifford & a(. ciates a division of Patton H arris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 P + Winchester, V irOnia 22601 H T 540.667.2139Transmittal F 540.665.0493 93 To: W Patrick Davenport Organization/Company: Frederick County Planning/Zoning Address: Telephone Number: Date: 05-14-04 From: Randy Stowers Project Name/Subject: Village at Harvest Ridge Via: hand Internal Project File #: 15159-3-0 Quantity File # Date Description Transmitted ® Herewith 3 05-12-04 Subdivision Plats ❑ Under separate cover Material ❑ Originals ® Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Notes: Received by: Date: Purpose ❑ Your Use ❑ Your Files ® Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints Iq,ax t4� CHECKLIST FOR SUBDIVISION FINAL PLATS A. The title of the subdivision ("Final Plat for........") X AA. Notarized owner's certification IAW 15.1-477 COV. v/ B. The page number and total pages on each page. ✓ C. Vicinity Map (Scale 1:2,000) showing roads, properties and subdivisions within 1,000 feet. ✓ D. A written and graphic scale. ✓ E. Day, month and year plan prepared and revised. F. North Arrow. G. Magisterial District in which the subdivision is located. ✓ H. Zoning and use of land to be subdivided and adjoining land. I. Boundary survey of all lots, parcels an rights -of -way. XJ. Names of owners of adjoining properties with deed book and page number references. K. Area of each lot, total area of subdivision and area in lots. L. Location and area of each parcel of open space and total area of open space. M. Location, names ar �are of existing and planned roads, streets and ate driveways adjacent to and on the property. N. Existing and proposed utilities, utility easements and other easements with dimensions. O. Existing and proposed drainage easements with dimensions and locations. P. Location of flood plain limits. -�� Q. Location of land to be dedicated or reserved for public use. R. Location of required setback lines on each lot. l� S. Location of proposed recreational areas. Page 2 Subdivision Plat Checklist T. Location of proposed buffers. ✓ U. Location and description of monuments and markers. V. Certified by registered engineer or surveyor. W. Notarized signature of the owner. ✓ X. Signature lines as required. Y. Statement listing all requirements and conditions placed on the land resulting from conditional zoning. Z. Indication of the portion of the allowable density from the parent tract which is to be allocated to each parcel resulting from the subdivision. w VICINITY MAP SCALE: 1" = 1,500' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE FREDERICK COUNTY SANITATION AUTHORITY DATE WINCHESTER DEPARTMENT OF PUBLIC UTILITIES OWNER'S CONSENT: DATE THE ABOVE AND FOREGOING SUBDIVISION OF VILLAGE AT HARVEST RIDGE, SECTION 2, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. FOR GREYSTONE PROPERTIES, LLC NOTARY PUBLIC CITY/COUNTY OF. MY COMMISSION EXPIRES THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON STATE OF (NOTARY PUBLIC) DATE (DATE) BY SURVEYOR'S CERTIFICATE I, RANDY A. STOWERS, A DULY AUTHORIZED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO GREYSTONE PROPERTIES, LLC BY DEED RECORDED AT INSTRUMENT #020007755 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. ti'tH 0 FINAL SUBDIVISION PLAT �j VILLAGE AT HARVEST RIDGE SECTION 2 re- .�, SHAWNEE MAGISTERIAL DISTRICT !NoA00S2MTU42 Y OVERS FREDERICK COUNTY, VIRGINIA a SCALE: AS SHOWN DATE: MAY 12, 2004 gilbert w. Clifford & associates A DIVISION OF �, PATTON HARRIS RUST & ASSOCIATES s(j� A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, VIIINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 7 AREA SUMMARY TOTAL DEVELOPMENT AREA: 5.9953 ACRES AREA IN LOTS: 3.4672 ACRES AREA IN OPEN SPACE: 2.5281 ACRES NUMBER OF LOTS: 18 AVERAGE LOT SIZE: 8,390 SQ. FT. SMALLEST LOT SIZE: 7,140 SQ, FT, PARENT PARCEL 63-((A))-2 ZONED: RP MINIMUM SETBACK REQUIREMENTS FRONT = 20' TO PRIVATE ROAD REAR = 15' SIDE = 5' MINIMUM LOT AREA = 6,000 SQ. FT. ALL LOTS ARE SINGLE FAMILY RESIDENTIAL NOTES PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH LOCAL ORDINANCES. LINE TABLE LINE LENGTH BEARING Ll 40.08 S01.55'50'W L2 38.21 N01.55'50'E L3 1.88 N01.55'50'E L4 38.60 N04.03'14'W L5 120.05 N09.14'40'E L6 122.00 N10.55'08'E L7 43.30 N05.47'10'E LB 106.27 N07.13'42'E L9 51.36 N05.04'27'E L10 81.98 N10.57'46'E Lll 115.36 N32.33'25'E L12 115.78 N32.33'25'E L13 27.56 S74.17'38'W L14 89.46 S32.33'25'W L15 22.50 NO2.33'35'E L16 90.26 N32.33'25'E CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT BEARING CHORD Cl 12.25 190.00 3'41'43" 6.13 N09'06'55"E 12.25 C2 141.39 1012.50 8'00'04" 70.81 S11 *16'05"W 141.27 C3 113.49 487.50 13'20'16" 57.00 N08'35'59"E 113.23 C4 223.89 62.50 20514'40" 279.10 N75'40'21"W 121.98 C5 1 10.15 190.00 3'03'40" 5.08 1 N09'25'56"E 10.15 C6 2.10 189.96 0'38'03" 1.05 1 N07'35'04"E 2.10 C7 59.95 1012.50 3'23'32" 29.98 S08'57'49"W 59.94 C8 60.03 1012.50 3'23'49" 30.02 S12'21'30"W 60.02 C9 55.33 482.00 6'34'39" 27.70 N23'39'40"E 55.30 C10 21.42 1012.50 1'12'43" 10.71 S14'39'45"W 21.42 C11 1 38.66 487.50 4'32'39" 19.34 N12'59'4 " 38.65 C12 60.17 487.50 7'04'18" 30.12 N07'11'19"E 60.13 C13 14.65 487.50 1'43'20" 7.33 NO2'47'31"E 14.65 C14 49.68 62.50 45'32'50" 26.24 S24'28144"W 48.39 C15 45.60 62.50 41'48'15" 23.87 S68'09'17"W 44.60 C16 35.17 62.50 32'14'19" 18.06 N74'49'26"W 34.70 C17 10.03 62.50 9'11'34" 5.02 N54'06'30"W 10.02 C18 29.09 62.50 26'39'53" 14.81 N36'10'46"W 28.82 C19 54.32 1 62.50 1 49'47'49" 29.01 NO2'03'05"E 52.63 C20 1 224.90 1401.85 9'11'31" 112.69 S60'05'58"W 224.66 6!v�'-TlwOF FINAL SUBDIVISION PLAT r VILLAGE AT HARVEST RIDGE �G',r SECTION 2 -A SHAWNEE MAGISTERIAL DISTRICT tNo. L SP ITM '' FREDERICK COUNTY, VIRGINIA 002342 a SCALE: AS SHOWN DATE: MAY 12, 2004 gilbert w. Clifford &associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 2 OF i KEY SHEET 1 "=200' w LIJ V) c FL w � Ln /<.. 14 13 �� 15� 12 16 10 5 ow/-9 = 171 - 18 8 N N — 19 7— �N L20 21 6i5i4i ? --- l---L---E--J w 22 -2 3 --r--T----I cn �_2 4_ 3 21 1 (FUTURE SECTION 3) FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE 0 SECTION 2 r� SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MAY 12, 2004 RANDY gilbert w. Clifford & associates N0. 002342 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 3 OF 7 65—((A))-2K C & W PROPERTIES N11'00'44"E D.B. 750, PG. 220 1660.28' (TOTAL) — — — 761.01 — — — — — — —20982 — — 41 INgT DRAINAGE OPEN SPACE EASEMENT 2.5281 ACRES 18.88' N10'57'46"E _ 304.00' _ 0 60.00 L5 60.00' 60.00';-6r62.00' L7 62.00' N 15 —BR �, 15' BRL �, BRL15 BRL F. 15, BRL Ln 0 vi m I I oD M I w I w I N 1 0 I m m I �r I A M I rl l LOT 20 I o LOT 24 r, -4 LOT 23 , 14 LOT 22 . � LOT 21 , -4 7,273 SQ. FT. m W.coo 7,140 SQ. FT.' N 7,140 SQ. FT.!o N 7,140 SQ. FT.w N 7,377 SQ. FT. 00 N Cn V 0 0 A�A 0 w�w O Jww w Jww M I� 10' UTILITY I� EASEMENT I IL I I ;= 20' BRL 20' R L20' BRL 20 BRL_i' 4.67' r 1r4 6 60.00' 60.00' _ _51.85' C6 C7 D N10'57'46"E 231.65' Cl zv z � 0.20' EX. 30' CITY OF WINCHESTER D .-4 EX. ACCESS & UTILITIES WATER &SEWER EASEMENT I ° mt rn D 0;0 �8011 v; N OD 0 m $� n A m m I 07 m m Cn z m A Z (A EASEMENT LOT 3 LOT 2 LOT 1 FRED RICK COUNTY CORPORATE — LIMIT X. 20' SEWER I HARVEST RIDGE DRIVE o (PRIVA7E S?REE'r) I — -- C9 EX. UTILITY ESMT. 14 00 to LOT 6 o VILLAGE AT HARVEST RIDGE m SECTION 1 _ _ _ _ o 1 I I LOTS wIj 30- jIr I w D I w c I I I Z I LOT 4 m X. 20' DRAINAGE _ EASEMENT — _ — SANITARY ESMT. - - m CITY OF WINCHESTER-)EX. 15' SHENANDOAH I cn 0 I EX. 20 DRAINAGE ESMT. I GAS CO. ESMT. I q O I INST.# 0130002732 CORPORATE LIMIT D.B. 234, PG. 439 ;0* LOT 13 LOT 12 LOT 40 LOT 39 0 I I I I C HARVEST RIDGE HARVEST RIDGE — SECTION 1 � SECTION 2 FINAL SUBDIVISION PLAT yTH 0 VILLAGE AT HARVEST RIDGE SECTION 2 SHAWNEE MAGISTERIAL DISTRICT p ,-, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: MAY 12, 2004 RANDY k STOVERS 9 gilbert w. clifford & associates GRAPHIC SCALE No. 002342 A DIVISION OF 0 25 500 100 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 50 ft. (540) 667-2139 SHEET 4 OF i INSr #0 p020982 65—((A))-2K Z C & W PROPERTIES D.B. 750, PG. 220 10' DRAINAGE EASEMENT _N11'00'44"E OPEN SPACE 1660.28' DRAINAGE 2.5281 ACRES N70'57'46"E _ 84.67' 0.57' EASEMENT 177.760 — 56 56, 80.67' H3 — 19.77' 002 53'19"EL8—60.60' L9 BR �O, � 1541 BRL 825�01\ 60.6 ' 15 BRL �, - 1\ 15' BRL cn cn cn oA I M 1 m rr (n W I M I I z LOT 16 =iu / cn LOT 15 M oo LOT 19 ;r IZr IN 9,136 SQ. FT. 0 9,469 SQ. FT. r I Cv nt 7,306 SO. FT.� 4 LOT 17 N o P �, d LOT 18 0!o a 8,472 SO. FT .w ^ 7 � N 7,982 SO. FT. �,, h i O #� Y I m 10' UTILITY I 1 0� ry* v r I EASEMENT I '` °° I I 2p' BRL 20' BRL ,0 / 7 0�v RL 20' BRL L__20' B 20' BRL `V h _ C14� C8 C10 C11 Cl C13 L C2 'n C3 ACCESS & UTILITIES HARVEST EASEMENT v � � `s g RIDGE -_ I DRIVE — _ S17%W (PRIVATE STREET) 204.42' �C9 WATER CITY OFWINCHESTER TER & SEU m rn N26 S6. WER EASEMENT m w 6.28' Sg E m gool 20 BRL I \�` 10' env m ml I 20 BR\ \6? 40' EgS`MENTY ` g ,�0 L15 46 LOT 7 62 ' r O 9,553 SO. FT. I ?0 BRL \40 00 �1 cn14 LOT 8 C19 ti v I� CAI OD 8.582 SQ. FT. I VBRL 88 ao\ 00 LOT 9 (AI I 20' BRL a: 'Iry w w I� 0 7,870 SQ. FT. --4-4 LOT 10 I 2p�$\ �0'� N I� I m m J �, 7,422 SQ. FT. � i 1 cn co _ � LOT 11 1r^ °0 m �' I 0 co rn co 7,858 SQ. FT. r r I Mr I w �' I CA ^o'- coo 1 I 15' BRL �r I � m I �! 15 BRL r I m 60.00' 60.00' 5' BRL ' Ile N10'57'46"E 120.00' 1 60 g2� 35. �1m SECTION 1 N2�132"E 96.44?' 25.02' _ 58.98' Z• OPEN SPACE N10'57'26"E 84.00' FREDERICK COUNTY �EX. 20' DRAINAGE--N66'00'45"W — — CORPORATE LIMIT _ _ EASEMENT CITY OF WINCHESTER EX. 20' DRAINAGE ESMT. EX. 15' SHENANDOAH / I CORPORATE LIMIT IN T.# 030002732 GAS CO. ESMT. / LOT 12 LOT 12 LOT 11 LOT 10 D.B. 234, PG. 439 LOT 8 ILOT 9 I"EX HARVEST RIDGE SAN. SEW. ESMT. SECTION 1 INST. #030002732 FINAL SUBDIVISION PLAT TH 0 VILLAGE AT HARVEST RIDGE SECTION 2 SHAWNEE MAGISTERIAL DISTRICT O VA FREDERICK COUNTY, VIRGINIA x SCALE: 1" = 50' DATE: MAY 12, 2004 v WDy A. SMIM gilbert w. Clifford & associates GRAPHIC SCALE No. 002342 A DIVISION OF o 25 500 100 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION "O!!� �% CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 50 ft. (540) 667-2139 SHEET 5 OF 7 INST �2pD20g82 65-((A))-2K \ C' ZC & W PROPERTIES Fo D.B. 750, PG. 220 '9,Q N11'00'44"E _ _ 1660.28' TOTAL O�'��FF N10'57'46"E 84.67' �r0�* L 6% 80067 N33�8, h 15 BRL A& sal F 10 DRAINAGE EASEMENT F LOT 16 +W I � LOT 15 9,136 SQ. FT. ,� 0 9,469 SQ. FT. OPEN SPACE \ A /N / \y 2.5281 ACRES ` ►� / ;p I .ham !s 6' 0 1 �°h ^rye• �,A` � \` `Jo. / ENS �� 20' BRL LOT 14 h 10,390 SQ. FT. C14� O (n ACCESS & UTILITIES EASEMENT 0' 0, m m_ / w _ co 13 �°- O m 1 v v b 10,460 SQ. FT. V HARVES� 20' DRAINAGE �' RIDGE EASEMENT h �O DRIVE (PRIVATE STREET) 1 0 LA 5 � 11 41 h h� ��`� 'I 194.33, 4 �6240 9�\ 00� �lg /20p C1 1� ti vi 20 BRA •86' Z o � cp1 � N 20' BR p�D,1 LOT 12 LOT 10 F 2 �; 10,460 SQ. FT. w LOT 11 CA , 7858 SQ. FT. N0EXISTING DRAINAGE 1�9 1 I A r 1V _BRL_ 25.02' _ _58.98' N10'57'26"E 84.01 w I EASEMENT -IT EX. 15' SHENANDOAH GAS CO. ESMT. I D.B. 234. PG. 439 LOT 9 EX. SAN. SEW. ESMT\/L"** INST. #030002732 GRAPHIC SCALE 0 25 500 100 1 inch = 50 ft. OPEN SPACE 2.5281 ACRES N14'07'45"E 159.31' ��• " SECTION 1 3 6 38 '45.42' W OPEN SPACE Al)3 _ 179.9_8' S10*57'26"W 1723.09' (TOTAL) i i 65-((A))-2H ?NER ENTERPRISES, LLC INST. #010016832 41.50' EX. DRAINAGE ESMT. LEX. 15' SHENANDOAH INST.# 030002732 GAS CO. ESMT. LOT 8 LOT 8_ LOT 234, PG. 439 / /D*B* LOT 6 HARVEST RIDGE - SECTION 1 FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE TH OF SECTION 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA x SCALE: 1" = 50' DATE: MAY 12, 2004 RANDY gilbert w. Clifford & associates N0. UO2MM A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION ONSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 6 OF 7 65-((A))-2K C & W PROPERTIES D.B. 750, PG. 220 N11 00'44"E --- 1660.28'-- c',P FF OPEN SPACE \ 2.5281 ACRES 10' DRAINAGE EASEMENT ` 1po voo 1oT o 0. \Z / to / m w � TA N � � m LOT 13 tO m O -4 14 v1h"� ti0 \CQ / 20' DRAINAGE 'W4i EASEMENT 20020982 INgt �� LOT m 12 /vz16i 65-((A))-2H � / TURNER ENTERPRISES, LLC h ` INST. #010016832 7 \tp EXISTINGW. DRAINAGE EASEMENT � s OPEN SPACE 2.5281 ACRES \ N14'' SECTION �4� ' 159.31' NA63 OPEN SPACE Aj)� NSF 41.50' _ 179.98'_ S10-57-26"W 23.09' (TOTAL) EX. DRAINAGE ESMT. / EX. 15' SHENANDOAH LOT 1 / INST.# 030002732 / GAS CO. ESMT. / _OT 8_ LOT D.B. 234, PG. 439 / LOT 6 HARVEST RIDGE - SECTION 1 FINA SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA o �r SCALE: 1" = 50' DATE: MAY 12, 2004 O RANDY gilbert w. clifford & associates GRAPHIC SCALE No. 002342 A DIVISION OF 0 25 500 100 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION ONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 50 ft. (540) 667-2139 SHEET 7 OF 7 VICINITY MAP SCALE: 1 " = 1, 500' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR FREDERICK COUNTY SANITATION AUTHORITY WINCHESTER DEPARTMENT OF PUBLIC UTILITIES OWNER'S CONSENT: DATE DATE DATE THE ABOVE AND FOREGOING SUBDIVISION OF VILLAGE AT HARVEST RIDGE, SECTION 2, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. FOR GREYSTONE PROPERTIES, LLC DATE NOTARY PUBLIC MY COMMISSION EXPIRES CITY/COUNTY OF. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON (DATE) STATE OF (NOTARY PUBLIC) BY SURVEYOR'S CERTIFICATE I, RANDY A. STOWERS, A DULY AUTHORIZED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO GREYSTONE PROPERTIES, LLC BY DEED RECORDED AT INSTRUMENT #020007755 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. tiTA ply, FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE J&A0023MT SECTION 2 SHAWNEE MAGISTERIAL DISTRICT GINIA SCALE REDERICK AS SHOWNOUN DAER MAY 12, 2004 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION ONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 7 AREA SUMMARY TOTAL DEVELOPMENT AREA: 5.9953 ACRES AREA IN LOTS: 3.4672 ACRES AREA IN OPEN SPACE: 2.5281 ACRES NUMBER OF LOTS: 18 AVERAGE LOT SIZE: 8,390 SQ. FT. SMALLEST LOT SIZE: 7,140 SQ. FT. PARENT PARCEL 63-((A))-2 ZONED: RP MINIMUM SETBACK REQUIREMENTS FRONT = 20' TO PRIVATE ROAD REAR = 15' SIDE = 5' MINIMUM LOT AREA = 6,000 SQ. FT. ALL LOTS ARE SINGLE FAMILY •RESIDE diI L`^jIYLodI I c), NOTES PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH LOCAL ORDINANCES. LINE TABLE LINE LENGTH BEARING Ll 40.08 S01'55'50'W L2 38.21 NOl'55'50'E L3 1.88 NOl•55'50'E L4 38.60 N04.03'14'W L5 120.05 N09.14'40'E L6 122.00 N10.55'08'E L7 43.30 N05.47'10'E L8 106.27 N07.13'42'E L9 51.36 N05.04'27'E L10 81.98 N10.57'46'E Lll 115.36 N32.33'25'E L12 115.78 N32.33'25'E L13 27.56 S74.17'38'W L14 89.46 S32.33'25'W L15 22.50 NO2.33'35'E L16 90.26 N32.33'25'E CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT BEARING CHORD Cl 12.25 190.00 3'41'43" 6.13 N09'06'55"E 12.25 C2 141.39 1012.50 8'00'04" 70.81 S11 *16'05"W 141.27 C3 113.49 487.50 13'20'16" 57.00 N08'35'59"E 113.23 C4 223.89 62.50 205'14!40" 279.10 N75'40'21"W 121.98 C5 10.15 190.00 3'03'40" 5.08 N09'25'56"E 10.15 C6 2.10 189.96 0'38'03" 1.05 N07'35'04"E 2.10 C7 59.95 1012.50 3'23'32" 29.98 S08'57'49"W 59.94 C8 60.03 1012.50 3'23'49" 30.02 S12'21'30"W 60.02 C9 55.33 482.00 634'39" 27.70 N23'39'40"E 55.30 C10 1 21.42 1012.50 1'12'43" 10.71 S14'39'45"W 21.42 C11 38.66 487.50 4'32'39" 19.34 N12'59'48"E 38.65 C12 60.17 487.50 7'04'18" 30.12 N07'11'19"E 60.13 C13 14.65 487.50 1'43'20" 7.33 NO2'47'31 "E 14.65 C14 49.68 62.50 45'32'50" 26.24 S24'28'44"W 48.39 C15 1 45.60 62.50 41'48'15" 23•87 S68'09'17"W 44.60 C16 1 35.17 62.50 32*14'190 18.06 N74'49'26"W 34.70 C17 10.03 62.50 9'11'34" 5.02 N54'06'30"W 10.02 C18 29.09 62.50 26'39'53" 14.81 N36'10'46"W 28.82 C19 54.32 62.50 49'47'49" .01 NO2'03'05"E 52.63 C20 224.90 1401.85 9'11'31" E29 2.69 S60'05'58"W 1 224.66 yTH)ST01M FINAL SUBDIVISION PLAT �VILLAGE AT HARVEST RIDGE SECTION 2 SHAWNEE MAGISTERIAL DISTRICT NIA RANDY SCALE RASESHOWNRICK OUN DAE: MIAY 12, 2004 No. gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION ONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 2 OF 7 KEY SHEET 1 "=200' QD �✓ I-LI -� W `\ _! 14 12 �15 I 11 16 10 - 9 -� w j 18 t--_� --- o =� 8 , o (I)19 � L_2 0 2 t• 6i5i4 21 ,- 22- : 23 ! - r24� 3i211 (FUTURE SECTION 3) FINAL SUBDIVISION PLAT DVILLAGE AT HARVEST RIDGE z SECTION 2 SHAWNEE MAGISTERIAL DISTRICT ���FREDERICK COUNTY,VIRGINIA ,�,SCALE: AS SHOWN DATE: MAY 12, 2004 S ygilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 3 OF 7 m C m U) m 0 z m K: O D z m O z -< .Z7..1 o D z �� m 1 D O;u O II o-0 1 m �C� Co °i m � cn 0 r m N (15 65-((A))-2K 2bllll `(�� C & W PROPERTIES f N11'00'44"E D.B. 750, PG. 220 1660.28' (TOTAL) — — 761.01' — — — — — — 20020982 — — INST. #0 DRAINAGE OPEN SPACE Z EASEMENT 2.5281 ACRES 18.88, N10'57'46"E 304.00' 0 60.00' L5 '0.00' 60.00' L6 62.00' L7 62.00' -- 1�5' 15' BRL 15—BRL �, 15�BRL Fjj105'T—BR L Ln '' I U'www I w wo1 A IZ Izm LOT 22 Iz�r- I20 I 4 LOT 24 , � LOT 23 � , z LOT 21 7,273 SO. FT. m 7,140 SO. FT.� 7,377 SQ. FT. co 7,140 SO. FT. cp N 7 140 SQ. FT. p N N 0D N vl O A O O CJrI ? A a s a s 10' UTILITY EASEMENT I I I 1 20' BRL 20' BRL L20' BRL p' 20' BRLi- 4.67' �4 60 00_ 60.00' _ 60.00' _ _51.85' C C6 C7 — N10'57'46"E 231.65' Cl 0.20' EX. 30' CITY OF WINCHESTER J 0 1 EX. ACCESS & UTILITIES WATER & SEWER EASEMENT I o EASEMENT HARVEST RIDGE DRIVE - D I (PRIVATE STREET) I C9 N F EX, UTILITY ESMT. OD 61 I LOT 3 cl: 1 LOT 6 01 VILLAGE AT HARVEST RIDGE r SECTION 1 _ _ _ _ o -- -- I� I m 0 1 rn m o LOT 2 117C I I ILn LOT5 r,j mo I y g l w —zi D_ i-- > W ICI z N — — — w m D I I LOT 1 I z I LOT 4 1 !I FREDERICK COUNTY CORPORATE LIMIT CITY OF WINCHESTER CORPORATE LIMIT LOT 40 HARVEST RIDGE SECTION 2 X. 20' DRAINAGE EASEMENT 20' SANITARY NER ESMT. — m C/�. 10 .iHENANDOAH I cn p I EX. 20' DRAINAGE ESMT. GAS CO. ESMT. I o O I INST.# 030002732 LOT 12 D.B. 234, PG. 439 \ LOT 13 LOT 39 O C HARVEST RIDGE ^- SECTION 1 ;u C- ` K wj'rlchx}- GRAPHIC SCALE 0 25 500 100 I inch = 50 ft. FINAL SUBDIVISION PLAT TH OF VILLAGE AT HARVEST RIDGE PP� pr SECTION 2 �� SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA VIA FREDERICK SCALE: 1" = 50' DATE: MAY 12, 2004 RANDY A. STONERS 9 gilbert w. Clifford &associates No. 002342 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION LAa� ��� CONSULTING ENGINEERING - LAND SURVEYING - PLANNING "►1J 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 4 OF 7 INST. #020020982 65-((A))-2K Z C & W PROPERTIES D.B. 750, PG. 220 10' DRAINAGE EASEMENT _N11'00'44"E OPEN SPACE 1660.28' 2.5281 ACRES DRAINAGE N10'S7'46"E _ 84.67' ,rl9.77' .57' EASEMENT 177.76 _ 80.67' NO2'53'19"E-60.60' L95ra'564.00' 15� BRL Ng3�8�01" L8 15 BRL 82S' 60.60' 15 BRL Ln 1 15' BRL cn U: U! ao I 1 a eRC L' I En I I � I r LOT 16 W I Zr) LOT 15 CU `O LOT 19 �r I r r I�r .zi 9,136 SQ. FT. W M o 91469 SQ. FT. r I N 7,306 SQ. FT. w -4 LOT 17 N ^ / r N o LOT 18 0 8,472 SQ. FT. w A' / O v N 7,982 SQ. FT. iA K �, co + O Im 10' UTILITY I 1 �'� tih t o r' I EASEMENT 00 I I 20' BRL 20 BRL 20' BRL 20 BRL `� h L2 3 C14� _ _ C8 C10 C11_ C12 C13 I� C3 ACCESS &UTILITIES 4 HARVEST EASEMENT `s I o RIDGECL _ _ DRIVE _ S1 06'30'W -- I (PRIVATE STREET 204 2 'C9 CITY OF �t 0 N WATER & SE�NCHE TES R --- , ci N m awIr6 rrl (A 28' N26 5� Sy.F WER EASEMENT m mCAI 20' BRL I \40\ ` f0, Una 1 �, ` _ m) Ty I ?0 BRL \62 40 AS EIV ` .�0 L15 m LOT 7 \ �94.33, G 1 O 9,553 SQ. FT. I 20 RL �40' 7-6, `0) C19 , O LOT 8 -n v (rn - co LA 8.582 SQ. FT. Iv I 2p' BRL 86 yrn` v `O w °�°. LOT 9 1N IF 20' BRL o1 \�.�`L to w10 ? 7,870 SQ. FT. En LOT 10 20 o O CA I rri � ( ro R 7,422 SQ. FT. En 0 r*i � o CO LOT 11 �^ 1 _ 00 M � v' I C, 1(1 ?� (A 7.858 SQ. FT. jo 1 r r I rr ICD �' I v! N \ r, I r a) cn m , �•- 15' BEL I 15' BRL ter- I m a)I 10 �1 15 BRL '- 56 1 m °D 60.00' 60.00' 15 BRL r 60.g c N10'57'46"E 120.00' N21 *01' 2»E— 35.52' 25.02' _ 58.98' SECTION 1 96.44.' �j OPEN SPACE N10'57%0E 84.00' FREDERICK COUNTY —�EX. 20' DRAINAGE N66'00'45"W - - CORPORATE LIMIT _ _ EASEMENT _ _ 38.42' _ - CITY OF WINCHESTER EX. 20' DRAINAGE ESMT. EX. 15' SHENANDOAH I CORPORATE LIMIT IN T.# 030002732 GAS CO. ESMT. / LOT 12 LOT 12 LOT 11 LOT 10 D.B. 234, PG. 439 LOT 8 I LOT 9 1EX. SAN. SEW. ESMT. HARVEST RIDGE - SECTION 1 INST. #030002732 FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE ��,TH OF Irr SECTION 2 SHAWNEE MAGISTERIAL DISTRICT O ��r FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: MAY 12, 2004 v RMy A. MW gilbert w. Clifford & associates GRAPHIC SCALE No. 002342 A DIVISION OF 0 25 500 100 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION SUR04 CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 50 ft. (540) 667-2139 SHEET 5 OF 7 2002p982 65-((A))-2K INSTZ C & W PROPERTIES D.B. 750, PG. 220 N11'00'44"E _ _ 1660.28' (TOTAL) N10'57'46"E 84.67' 80.67' 151 BRL 32-0 7" 82g� I co LOT 16 ;�, LOT 15 9,136 SQ. FT. (0. !� 0 9,469 SQ. FT. N n M co =1$ CIV 20' BRL / L' BRl hf ' /.• �� -ACCESS & UTILITIES EASEMENT m m_ HARVEST 1 �' RIDGE �1 o DRIVE rn (PRIVATE STREET) o C19 r-10' DRAINAGE EASEMENT 90 SQ. FT. O. \ \ 0 SPACE ACRES Oq� RSA o Rss�- p� G�FFF �c o9� G9�iFs� �9 i AL a 1 O CV '4 1, v 0 ,� 4 2p 10 Z o 5 A 2H LOT 10 F 20, 2P� o� LOT 12 1 10,460 SQ. FT. 00 LOT 11 1�^ h��h 9' ( 7,858 SQ. FT. Ncdo I ul �,EXISTING/,� 1A ,� DRAINAGE Cu I cp - D9� �� EASEMENT r � 51 25.02' _ _58.98 1 N10'57'26E 84.00' —/ EX. 15' SHENANDOAH GAS CO. ESMT. / D.B. 234, PG. 439 LOT 9 EX. SAN. SEW. ESMT. INST. #030002732 GRAPHIC SCALE 0 25 500 100 1 inch = 50 ft. OPEN SPACE 2.5281 ACRES N14'07'45'E 159.31' 41 " SECTION 1 i 38.426*00'45 W OPEN SPACE A�)3 _ 179.9_8' _ S10'57'26"W 1723.09' (TOTAL) 6 -(( ))- ZNER ENTERPRISES, LLC INST. #010016832 41.50' EX. DRAINAGE ESMT. LEX. 15' SHENANDOAH INST.# 030002732 GAS CO. ESMT. LOT 8 LOT 8_ L0� 234, PG. 439 / /D,11, LOT 6 HARVEST RIDGE - SECTION 1 FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE DZ4O SECTION 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: MAY 12, 2004 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION SULTING ENGINEERING - LAND SURVEYING - PLANNING 7 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 6 OF 7 m IT! m m rn O m a 65-((A))-2K \ C & W PROPERTIES \ D.B. 750, PG. 220 N11'00'44"E --- 1660.28' -- INSt 10 20020982 � FF OPEN SPACE \ 2.5281 ACRES C,p G9,A"90 10' DRAINAGE EASEMENT �s 0�. a / F o. von, LOT 14 0 o. 0 LOT 13 �o i m� a ti N��2 ogti 20' DRAINAGE jEASEMENT LOT m 12 v� 65-((A))-2H TURNER ENTERPRISES, LLC y / \ INST. #010016832 \JS EXISTING e;N p� ��'DRAIAGE�1� EASEMENT OPEN SPACE \ 2.5281 ACRES \ 014707'45"E 159.31' �R6• SECTION 1 36. OPEN SPACE41.50' _ 179.98' _ _ S10'57'26"W 23.09' (TOTAL) EX. DRAINAGE ESMT. / EX, 15' SHENANDOAH LOT 1 INST.# 030002732 / GAS CO. ESMT. / LOT 7 D.B. 234, PG. 439 / _OT HARVEST RIDGE ^- SECTION GRAPHIC SCALE RANDY A.'2104 RS No. 002342 0 25 500 100 sr I inch = 50 ft. LOT 6 FIN A SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SEC11ON 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: MAY 12, 2004 gilbert w. Clifford & associates A DIVISION OF )PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION JNSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER., VIRGINIA 22601 (540) 667-2139 SHFFT 7 OF 7 gilbert w. Clifford & ass, �iates a division of Patton H arris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 P Winchester, Virginia 22601 H T 540.667.2139Transmittal F 540.665.0493 93 To: Patrick Da pint Organization/Company: Frederick County Planning Address: Telephone Number: Date: 05-07-04 From: Randy Stowers Project Name/Subject: Village at Harvest Ridge ~Section 1 Via: Hand - RAS Internal Project File #: 12159-3-0 Quantity File # Date Description Transmitted ® Herewith 2 05-07-04 Final Plats ❑ Under separate cover Material ❑ Originals ® Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Notes: Received by: Date: Purpose ❑ Your Use ❑ Your Files ® Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints CHECKLIST FOR SUBDIVISION FINAL PLATS ✓ A. The title of the subdivision ("Final Plat for........") iC AA. Notarized owner's certification IAW 15.1-477 COV. ✓ B. The page number and total pages on each page. ✓� C. Vicinity Map (Scale 1:2,000) showing roads, properties and subdivisions within 1,000 feet. ✓ D. A written and graphic scale. E. Day, month and year plan prepared and revised. ✓ F. North Arrow. G. Magisterial District in which the subdivision is located. ✓ H. Zoning and use of land to be subdivided and adjoining land. I. Boundary survey of all lots, parcels and rights -of -way. Q J. Names of owners of adjoining properties with deed book and page number references. ✓ K. Area of each lot, total area of subdivision and area in lots . �- L. Location and area of each parcel of open space and total area of open space. XM. Location, names and ROW widths of existing and planned roads, streets and shared private driveways adjacent to and on the property. N. Existing and proposed utilities, utility easements and / other easements with dimensions. y 0. Existing and proposed drainage easements with dimensions and locations. P. Location of flood plain limits. Q. Location of land to be dedicated or reserved for public use. R. Location of required setback lines on each lot. _ S. Location of proposed recreational areas. Page 2 Subdivision Plat Checklist W� T. Location of proposed buffers. U. Location and description of monuments and markers. V. Certified by registered engineer or surveyor. W. Notarized signature of the owner. X. Signature lines as required. Y. Statement listing all requirements and conditions placed on the land resulting from conditional zoning. Z. Indication of the portion of the allowable density from the parent tract which is to be allocated to each parcel resulting from the subdivision. c VICINI ao SCALE: 1 = 1,500' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE FREDERICK COUNTY SANITATION AUTHORITY DATE VIRGINIA DEPARTMENT OF TRANSPORTATION DATE OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF VILLAGE AT HARVEST RIDGE, SECTION 1, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. FOR GREYSTONE PROPERTIES, LLC DATE NOTARY PUBLIC MY COMMISSION EXPIRES CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY (DATE) STATE OF (NOTARY PUBLIC) SURVEYOR'S CERTIFICATE 1, RANDY A. STOWERS, A DULY AUTHORIZED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO GREYSTONE PROPERTIES, LLC BY DEED RECORDED AT INSTRUMENT #020007755 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. D3M42 FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE INIA SECTION 1 SHAWNEE MAGISTERIAL DISTRICT RANSCALE:RASESIHOWNCK OUN DAE: MAY 7, 2004 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION ONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHFET 1 OF 6 AREA SUMMARY TOTAL DEVELOPMENT AREA: 2.1460 ACRES AREA IN LOTS: 0.9949 ACRES AREA IN OPEN SPACE: 1.1511 ACRES NUMBER OF LOTS: 6 AVERAGE LOT SIZE: 7,223 SQ. FT. SMALLEST LOT SIZE: 6,669 SQ, FT. PARENT PARCEL 63-((A))-2 ZONED: RP MINIMUM SETBACK REQUIREMENTS FRONT = 20' TO PRIVATE ROAD REAR = 15' SIDE = 5' MINIMUM LOT AREA = 6,000 SQ. FT. SMALLEST LOT SIZE: 6,669 SQ. FT. ALL SINGLE FAMILY RESIDENTIAL J� J Ij LOTS ARE M NOTES PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH LOCAL ORDINANCES. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD Cl 482.00 3'46'41" 31.78 15.90 S00'51'13"W 31.78 C2 190.00 8*13'13" 27.26 13.65 S06'51 *10"W 27.24 C3 190.00 8*13'13" 27.26 13.65 S15'04'22"W 27.24 C4 482.00 1 *11'22" 10.01 5.00 S19.46'39"W 10.01 C5 15.00 89'56'55" 23.55 14.99 S34'00'41 "E 21.20 C6 15.00 90'03'05" 23.58 15.01 S55'59'19"W 21.22 C7 190.00 3'41'43" 12.25 6.13 N09'06'55"E 12.25 C8 1012.50 2'36'42" 46.15 23.08 S08'34'24"W 46.15 C9 1401.85 1-09'50" 28.47 14.24 S64-06'48"W 28.47 C10 289.92 7'42'44" 39.02 19.54 S05'20'08"W 38.99 LINE TABLE LINE BEARING LENGTH L1 S10'57'46"W 33.92' L2 N89'08'43"W 52.41' L3 N78'59'18"W 93.85' L4 N81'32'25"W 67.22' L5 S76'25'57"E 67.34' L6 S78'59'09"E 144.31' L7 S10'57'46"W 72.30' L8 S21'03'37"W 35.24' 000 �yT-w of yr FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 1 SHAWNEE MAGISTERIAL DISTRICT tNoAOM2341M FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MAY 7, 2004 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 2 OF 6 KEY SHEET 1 "=200' i SHEET � 6 4 gDad 3 5 4 ? 2 1 FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE �,TH OF SECTION 1 �� t'l�j SHAWNEE MAGISTERIAL DISTRICT Gf FREDERICK COUNTY, VIRGINIA ,�, SCALE: AS SHOWN DATE: MAY 7, 2004 RANDY A. STONERS y gilbert w. Clifford & associates No. 002342 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION -f,�..� CONSULTING ENGINEERING - LAND SURVEYING - PLANNING SUE '^1 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 3 OF E G� M Icp I` , Cl Io p z1, V c0 r-H u I�j FREDERICK COUNTY �ORPORATE LIMIT S10'57'26"W 65-((A))-2K C & W PROPERTIES N11'00'44"E D.B. 750, PG. 220 -- 1660.28' -- -- -- -- #0 2oo20g82 INST. � 65-((A))-2 GREYSTONE PROPERTIES, LLC INST. #020007755 REMAINDER AREA = 14.7840 ACRES {- FUTURE SECTION 2 ) kCCESS & UTILITIES EASEMENT __--m "E 231.65' C7 C8 PEN SPACE 1.511 ACRES, 15' 30' CITY OF WINCHE77�S�j, ' WATER & SEWER EASEMENT ARVE9T RIDGE DRIVE 0 N 10'57'46"E N 10'57'46"E 64 96' _ _ C3 O61 rFF L7 — _ L8 z 0' BRLco V _00 LOT 6�'Jo co o o /" 7,688 SQ. FT. o c�o� �10 01 . Ir r 1m m Ig I I L_ 5' BRL _j ( m 56' __ m N1 =571462E 5' BRL 117:00' U) o LOT 2 ��i r O rn o LOT 5 v'- 01 m m D CO 6,669 SQ. FT. o0 o I N 0 I P Cu 7,020 SQ. FT. cD a I I (J1 m 5' BRL _j I� 5' BRL D m (-- W S 057'46-W 5' BRL 117-0 m I� _ — 0 w 'T1 m S1 7'46"W 5' BRL 117:00� 1' LOT 1 N CY) 1 o in ►`' I N _ 0)10 q � o 7,310 SQ. FT. N m RO CD LOT 4 u=� 01 i�:I, Cu) I o � � w to � 7,020 SQ. FT. � o L4 BRL m I r �_ 5' BRL � v _ _N10.57 46 E j 117.00' w 1w S10'57'46"W 117.00' CITY OF WINCHESTER CORPORATE LIMIT LOT 40 HARVEST RIDGE SECTION 2 10 BR ' o LOT 3 7,633 SQ. FT. co 5' BRL r Y57'46"W- -417 00' 5 BRL N r j 117.00' - 20' SANITARY SEWER ESMT. 1 12.00' I EX. 15' SHENANDOAH I GAS CO. ESMT. I D.B. 234, PG. 439 ild��stp`mod luir GRAPHIC SCALE 0 25 500 100 1 inch = 50 ft. LOT 39 EST RIDGE - SECTION 1 RANDY A. STOMS No. 002342 L'L St1kt`� �J !Q 624.04' 0 N 6.00 _ 438.04' _ �3 .00'- 1723.09' (TOTAL) — K N 7 0 20' DRAINAGE � I EASEMENT EX. 20' DRAINAGE ESMT. o O 1 INST.# 030002732 LOT 13 LOT 12 n i O I � >��. '�� WN FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 1 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA )CONSULTING SCALE: 1" = 50' DATE: MAY 7, 2004 gilbert w. clifford & ossociates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 4 OF E U) m m m m -P O m m 65-((A))-2K C & W PROPERTIES D.B. 750, PG. 220 N11_00'44"E _ 1660.28' INST 102002098Z 65-((A))-2 GREYSTONE PROPERTIES, LLC INST. #020007755 REMAINDER AREA - 14.7840 ACRES ( FUTURE SECTION 2 ) rrl m x O m 0) � 1 N14'07'450E 42.15' 624.04 %-a FREDERICK COUNTY ►.`V CORPORATE LIMIT — — _ _ 438.04' S10'57'26�TT20' 1723.09' (TOTAL) DRAINAGE - EASEMENT CITY OF WINCHESTER LEX. 20' DRAINAGE ESMT. EX. 15' SHENANDOAH LOT 12 I CORPO RAT11LIMIT IN T.f 030002732 GAS CO. ESMT. / LOT 10 D.B. 234, PG. 439 LOT 8 LOT 9 IEX. SAN. SEW. ESMT.�_* HARVEST RIDGE - SECTION 1 INST. #030002732 _ N10'57'46"E _ 120.00' N211p� 32•E OPEN SPACE 96•44' N10_57'26"E 1.511 ACRES 84.00' FINAL SUBDIVISION PLAT TH OF VILLAGE AT HARVEST RIDGE SEC11ON 1 o, �r SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: MAY 7, 2004 p RMY L STOIC gilbert w. clifford & associates GRAPHIC SCALE No. 002342 A DIVISION OF 0 25 500 100 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION �. CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 50 ft. (540) 667-2139 SHEET 5 OF E 65-((A))-2K C & W PROPERTIES D.B. 750, PG. 220 _N11'00'44"E _ 1660.28' INST ;:00020982� 9 'A 65-((A))-2 GREYSTONE PROPERTIES, LLC INST. #020007755 REMAINDER AREA = 14.7840 ACRES (Al m ( FUTURE SECTION 2 ) (n � 2 � m / \ O Ti N10'57'2f +yam 64.89' CD DRAINAGE EASEMENT E5"E _1 %, s �= �i v p ` 011.511 ACRES E Al �S+ _ 170 94' _ >�' F 41.50' S10'S7'26"W 1723.09' (TOTAL) 65-((A))-2H TURNER ENTERPRISES, LLC INST. #010016832 EX. DRAINAGE ESMT. / EX. 15' SHENANDOAH LOT 1 / INST.# 030002732 / GAS CO. ESMT. / LOT 8_ 1O= 7 D.B. 234, PG. 439 / HARVEST RIDGE - SECTION 1 GRAPHIC SCALE 0 25 500 too 1 inch = 50 ft. LOT 6 FINAL SUBDIVISION PLAT VILLAGE AT HARVEST RIDGE SECTION 1 SHAWNEE MAGISTERIAL DISTRICT )117 FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: MAY 7, 2004 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION SULTING ENGINEERING - LAND SURVEYING - PLANNING E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 6 OF E Mai 18 04 11:17a C.I.- clifford & assoc. 540-E65-0493 FoIIoll Ho;ris RusI & Associoteb,pc March 8, 2004 John Trcnary Frederick County Inspections 107 N. Kent Street Winchester, VA 22601 P-Vf'ddSud� RE: 'Village at Harvest Ridge Dear John, We've revised the plans per your comment. Notes regarding the 2000 PT R A International Building Code and lot fill requirements have been added to sheet 2. n A copy of that sheet is provided here for your reference. COP PokATC; Call If you have additional concerns. R agards, 1 gilbert w, clifford & associates i�„ri ,in!rr, �' ' Roni,ld A. Mislowsky, P.E., VP VViur:hpy Wnu,.lbr LA EON A VN IG S. C1limlrlly �� � 1 ry V� (rQCJ i.urk�JjulfJ y iii//D� f��lr' MARYLAN6 Or!rCCs' Q 4nlrun,,, C:t1ilJ,nh;ICl Fna�lr•rlcl� �.. r1011)W,i, iri WIT ;.i V!uc;lydla YJ - P F SnrJhh', p.2 June 1, 2004 Mr. Randy Stowers G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Village at Harvest Ridge: Preliminary Final Plats Review Dear Mr. Stowers: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 �'fOPY I have had the opportunity to review the preliminary final plats for Village at Harvest Ridge, Section 1, received by our office on May 7, 2004. The Subdivision Design Plan (SDP) for this development was administratively approved on May 24, 2004. I offer the following comments: 1. On Sheet 2 of 6, the lot type is single family small lot. 2. On the key map on Sheet 3, label the roads and the City of Winchester. 3. Merge the setback lines of lot 3 with the utility easement. 4. On Sheet 4 of 6, provide the adjoined information for the future Section 3. 5. The Building Restriction Lines for lots 3 and 6 should be 20' off of Harvest Ridge Drive. 6. Rock Meadow Lane is not an approved road name; it should be Wheatfield Lane. 7. Show all right-of-way widths. 8. Provide a note on the plat that states that no detached accessory buildings are permitted per § 165- 65F(2)4 of the Frederick County Zoning Ordinance. 9. On Sheet 4 of 6, Harvest Ridge in the City of Winchester is also called Section 1. Label that this Section 1 is in the City. 10. The proffers associated with the rezoning of this property need to be included in the plats. The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. I have enclosed a marked copy of the plats to assist with the revisions. Before the final plats are officially approved by this office, the approval signatures ofthe Frederick County Sanitation Authority and the Virginia Department of Transportation must be obtained. An appropriate guarantee will also be required prior to final plat approval. If you have any questions, please feel free to call. Sincerely, U Candice E. Mills Planner I ..,ZGreystone Properties, LLC, 13 S. Loudoun St., Winchester, VA 22601 CEM/bad Attachment 107 North Kent Street • Winchester, Virginia 22601-5000 June 1, 2004 Mr. Randy Stowers G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Village at Harvest Ridge: Preliminary Final Plats Review Dear Mr. Stowers: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 FILE COPY I have had the opportunity to review the preliminary final plats for Village at Harvest Ridge, Section 2, received by our office on May 12, 2004. The Subdivision Design Plan (SDP) for this development was administratively approved on May 24, 2004. I offer the following comments: 1. On Sheet 2 of 7, the lot type is single family small lot. 2. On the key map on Sheet 3, label the roads and the City of Winchester. 3. On Sheet 4 of 7, provide the zoning and use of the adjoining property 65-A-2K. 4. Rock Meadow Lane is not an approved road name; it should be Wheatfield Lane. 5. Show all right-of-way widths. 6. Provide a note on the plat that states that no detached accessory buildings are permitted per § 165- 65F(2)4 of the Frederick County Zoning Ordinance. 7. On Sheets 4, 5 and 6 of 7, Harvest Ridge in the City of Winchester is also called Section 1. Label that this Section 1 is in the City. 8. On Sheet 6 of 7, label the area between lots 12 and 13. This should be the area where the emergency entrance and the trail are. Show the trail and emergency entrance to Cedar Creek Grade. 9. The proffers associated with the rezoning of this property need to be included in the plats. The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. I have enclosed a marked copy of the plats to assist with the revisions. Before the final plats are officially approved by this office, the approval signatures ofthe Frederick County Sanitation Authority and the Virginia Department of Transportation must be obtained. An appropriate guarantee will also be required prior to final plat approval. If you have any questions, please feel free to call. Sincerely, Candice E. Mills Planner I Greystone Properties, LLC, 13 S. Loudoun St., Winchester, VA 22601 CEM/bad Enclosure 107 North Kent Street • Winchester, Virginia 22601-5000 May 24, 2004 Mr. Ron Mislowsky G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Village at Harvest Ridge: Subdivision Design Plan Dear Mr. Mislowsky: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 FIE COPY This letter is to confirm that the Subdivision Design Plan for Village at Harvest Ridge, Phase 1, 2 and 3 has been approved. Enclosed are four (4) copies of the approved plan for your records and distribution. The preliminary plats for Phases 1 and 2 of this subdivision are currently under review and comments should be coming shortly. In addition to the information provided on the approved design plans, the plat should include the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation. Additionally, a deed of dedication and an appropriate guarantee will be required prior to final plat approval. Sincerely, i Candice E. Mills Planner I Attachments c . reystone Properties, LLC, 13 S. Loudoun St., Winchester, VA 22601 CEM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 February 3, 2004 L� FIE (OPY Mr. Ronald A. Mislowsky, Jr., P.E. Vice President G. W. Clifford & Associates, Inc. a division of Patton Harris Rust & Associates, p.c. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Subdivision Plan Comments - Village at Harvest Ridge Frederick County, Virginia Dear Ron: Upon review of the subject subdivision plan, we offer the following comments: 1) There are several issues related to overlot grading that need to be addressed: a) Indicate the downstream area south of the site located below Lots 58 and 59. It will be necessary to ensure that positive drainage exists in this area.. Because the proposed stormwater will drain into the property located in the City of Winchester a platted drainage easement will be required to drain concentrated stormwater onto this property. It will be necessary to submit a copy of the recorded/platted drainage easement prior to obtaining subdivision approval from this office. b) The plan indicates a contour of 816 around Lots 59 and 60. This contour will not allow the stormwater runoff to drain properly; the water will pond. c) Because the finished floor elevations are identical between Lots 50, 51, 52 and 53 it will be necessary to provide lot grading plans. d) A five (5), ten (10) or 15 foot drainage easement does not allow adequate access for required maintenance. The plans reflect several easements of the above referenced widths. The county requires a 20 foot dedicated easement to allow access for required maintenance. e) It will be necessary to provide a defined drainage swale between Lots 34 and 35 as well as Lots 65, 66 and 67. fl Provide lot grading plans for the areas located between Lots 3 8 through 53. 107 North Kent Street • Winchester, Virginia 22601-5000 Village at Harvest Ridge Subdivision Plan Comments Page 2 February 3, 2004 g) It appears that the water from Lots 31 through 3 5 drains toward the Cather property. You indicate that a rock filled check dam will be installed between Lots 31 and 32 and reference a detail for the subject erosion and sediment control measure. However, it was not submitted. Please submit the applicable detail and verify the amount of stormwater that will drain onto this property. 2) The approved master development plan indicates that there is an open well located near the existing farm building. Please provide the exact location of this well and the well closure detail utilizing grout. Once these comments have been addressed, submit two (2) copies of the subdivision plan for further review. Sincerely, Joe C. Wilder Deputy Director JCW/rls e cc: Planning and Development file A:\NrUatharvesftidge.wpd COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 AdMan, F"W% IV May 4, 2004 Mr. Ron Mislowsky G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Village at Harvest Ridge: Third Subdivision Design Plan Review Dear Mr. Mislowsky: I have had the opportunity to review the revised Subdivision Design Plan (SDP) for Harvest Ridge, received April 7, 2004 Please respond to the following review comment: 1. Rock Meadow Lane is not an approved road name. The application seeking approval is denied until the issue identified in this letter has been adequately addressed. Please address the above comments and resubmit. Once this change has been made, please provide us with a minimum of two full sets of plans, signed by the owner and engineer, for approval and distribution. In addition to the two full sets of plans, include any additional cover sheets as needed. If you have any questions, please feel free to call. Sincerely, Candice E. Mills Planner I Attachments cc: Greystone Properties, LLC, 13 S. Loudoun St., Winchester, VA 22601 CEM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 N DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA E STREET NAME COMMENTS SUBDIVISION COMMENTS S DATE: December 10, 2003 STAFF MEMBER: Marcus Lemasters, Director SUBDIVISION: Village at Harvest Ridge COMMENTS: The supplementary road name request for the Village at Harvest Ridge Master Plan, to change Ivy Meadow Lane to Wheatfield Lane, has been reviewed and approved for use. Wheatfield Lane has been added to the Official Road Name List and structure numbers will be assigned during the subdivision phase or upon submission of building permits. Frederick County Planning and Development, 107 North Kent Street, Winchester, VA 22601, (540)665-5651 W II S DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA E STREET NAME COMMENTS DATE: September 12, 2003 STAFF MEMBER: Marcus Lemasters, Director SUBDIVISION: Harvest Ridge COMMENTS: This road name review is a road naming and numbering nightmare. Due to previous confusions over having multiple road names that have the same root'name but different suffixes, the Department of Fire and Rescue, Sheriff s Department, and Dispatch have demanded that the County not accept any more road names with the same root word the same, in spelling or phonetically, as a road name already in the system. Several years ago, the Street Naming and Addressing System Principles and Criteria Operational Manual was modified and the "No Duplicate Name" policy adopted. The Frederick County Department of GIS has reviewed the requested road names for use in the Harvest Ridge subdivision, and has made the following determinations: 1. The following road names are DENIED use in the Frederick County Road Naming System, due to duplication conflicts with road names already in the system: Ivy Meadow Lane Meadow Court West View Lane 2. The following road names are APPROVED for use in the Frederick County Road Naming System: Mikey Court Harvest Ridge Lane 3. The following suffix changes are suggested: Harvest Ridge Drive 4. There is concern over the connection of Harvest Ridge Lane and Homespun Lane. If it is Harvest Ridge road name review..... Page 2 not a "through" connection and is gated/chained, it may work fine. No addressing has been assigned from Homespun Lane and every effort will be made not to do so. If there are any questions or further concerns on these actions, please contact the Department of GIS at 665-5651 Frederick County Dept of GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651 Apr 16 04 12:11p g.w. clifford & assoc. —10-665-0493 p.l gilbert w. clifFord & associates e cpVi9ion of Patton H arris Rust & Asseciates,pc Englneerm. Surveyors. Planners- Landscape Architecta. 111 East PlecadIly Street, 8t>ife ?DO P14R+A Tnche,Vtrgtn1ginla 22601 T 540.5676F1,2199 F 540.o00.049J To: calidice Mills Organization/Company: Fax Number: From: Date: rredctick County Planning and Development Ron Mislowsky 4/16/01 Fax Transmittal Project Name/Subject: VillagF at Harvest Ridge Internal Project File Number: Total Pages including cover: 1 A hard copy of this fax ❑ will 0 will not be mailed to you. Comments: Candice, I wanted to get back to you on the pavement section for the private roads. We regard the para. in the ordinance, regitiring R" 21R and 2" 5M•2A, as a minimum. The pavement design shown(G" 21B. 3" BM 25.0 and 1 'A" SM- 12.5A) is a superior pavement: section. It will support a higher vehicle count than the section in the ordinance.' In this case, I would think the county would allow the developer to put in a better pavement section. This section, in fact, matches that rctiuircd by eht: City fui tl,cit roads. Let me know on that and I will wait to hear form you on the road names. Thanks for the call Ron Mislowsky NOTE: Thr5 mcs5agc is intended for the use of the addressce and may contain information that is privileged and confidential. If you are not the intended recipient, you are hrrrhy nntiFed that any dir-r.mination of this cornmunieation is strictly ptohibited. If you receive this facsimile in errctt, please notify us immediately, at the number above. Thank you. Frederick County, Virginia Master Development Plan Application Package Reauest for Master Develoament Plan Comments Frederick County Department of GIS Mail to: Hand deliver to: F Frederick County 4 Floor Dept. of GIS 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: c/o Charles E. Maddox 117 E. Piccadilly Street, Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Harvest Ridge Location of Property: South and adjacent to Route 622 (Cedar Creek Grade) bordering City/County line Department of GIS's Comments: to Patton Harrl_ Must & Associates,loc Engineers. Surveyors. Planners, Landscape Architects. April 7, 2004 Candice Mills Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Village at Harvest Ridge Dear Candice, We've revised the Subdivision Design Plans per your comments of 23 March. PT T _ I've enclosed one set here for your review and approval. The changes are: 1. While we've moved some of the trees off of the property lines please note, CORPORATE: all lawn care is provided by the Home Owners Association, similar to the Chantilly Woodbrook and Cross Creek Communities. It really makes no difference where the plantings lie, the responsibilities for maintenance is not with the VIRGINIA OFFICES: affected home owner. Chantilly 2. The calculations on the landscaping plans have been revised per your Bridgewater Fredericksburg comments to reflect the 82 lots proposed. Leesburg 3. The spelling of London Plane has been corrected. Richmond 4. The BRL's on lots 49 and 67 have been corrected. Virginia Beach Winchester We have previously forwarded the deed vacating the drain field easement in Woodbridge question. Additionally, you already have the Fire Marshal, VDOT and Frederick LABORATORIES: County Public Works approvals. We hope to gain the City of Winchester, Chantilly Building Inspections and County Planning approval with this submission. I will Fredericksburg forward those to you when received. MARYLAND OFFICES: Baltimore In the meantime, call if you have questions. Columbia Frederick Regards, Germantown Hollywood gilbert w. clifford & associates WEST VIRGINIA OFFICE: Martinsburg I onald A. Mislowsky, P�E,P T 540.667.2139 F 540.665.0493 1 17 East Piccadilly Street Winchester, VA 22601 M r, 1! Py k*44 *0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 23, 2004 Mr. Ron Mislowsky G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Village at Harvest Ridge: Second Subdivision Design Plan Review Dear Mr. Mislowsky: I have had the opportunity to review the revised Subdivision Design Plan (SDP) for Harvest Ridge, received March 9, 2004 Please respond to the following review comments: Per §165-36A(1) of the Frederick County Zoning Ordinance, two or more street trees are required to be planted on each building lot. On the landscaping plan provided, there appears to be many lots that don't have street trees and others that are sharing trees. Planting trees on the property lines of building lots is discouraged in the Zoning Ordinance. Indicate on the plan that all plantings will conform with §165-36B of the Frederick County Zoning Ordinance. 2. The calculations that you have for the number of trees is incorrect. There are 82 building lots, so 1,240 ornamental shrubs, 410 ornamental trees and 164 street trees would be required- ,l. On the landscaping plan of the total plantings that are required, only a fraction of them are shown on the drawing. Please show where the remainder of the plantings are going. ,/4. On the landscaping plan, label the caliper and height that is required for the plantings. ✓5. In the box for street trees, London Plane Tree is spelled incorrectly. tfe' The number of trees and shrubs that are shown per lot is less than what is required. V/. The BRL's on lots 49 and 67 need to be merged with the easement. y/8. Provide evidence that the drainfield easement for the Turner property has been vacated. 107 North Kent Street • Winchester, Virginia 22601-5000 Mr. Ron Mislowsky G. W. Clifford & Associates, Inc. RE: Harvest Ridge Subdivision Design Plan March 23, 2004 Page 2 The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. I have enclosed a marked copy of the plans to assist with the revisions. If you have any questions, please feel free to call. Sincerely, Candice E. Mills Planner I cc: Greystone Properties, LLC, 13 S. Loudoun St., Winchester, VA 22601 CEM/bad Attachment Patton Harris R,_. & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. March 8, 2004 Candice Mills Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Village at Harvest Ridge Dear Candice, We've revised the Subdivision Design Plan per comments received from the City HRAPu + l of Winchester Public Utilities Department, Frederick County Public Works, the l l Building Inspector and your office. I've enclosed two copies of the plans here for your review and approval. The changes include: CORPORATE: Chantilly .r The vicinity map has been updated. -2- The plan preparation date is provided at the bottom of the cover sheet. VIRGINIA OFFICES: `3' The magisterial district has been corrected. Chantilly 4! The graphic scale is provided on all plan sheets. Bridgewater Fredericksburg �4- The adjoining property information has been enlarged. Leesburg 6. The woodland calculations have been updated. Additional woodlands Richmond have been disturbed with this design, but the supplemental planting Virginia Beach required by the ordinance for full disturbance is provided. Winchester L7-.*" The building restriction line on lot 58 has been revised to protect the Woodbridge woodlands. LABORATORIES: tV We've provided silt fencing around the perimeter of the site to identify the Chantilly limits of construction. Fredericksburg 9. The landscape screen along the City boundary has been revised to match the MDP requirements. MARYLAND OFFICES: WNorth arrows are an all sheets. Baltimore provided Columbia Lk The open space parcels have been labeled with their areas. Frederick 12. The rear building restriction lines have been corrected on all lots. Germantown P The property lines for lots 72-75 have been revised to provide a 25 foot Hollywood buffer to the City boundary. WEST VIRGINIA building restriction lines on lot 64 have been updated to account for 4. OFFICE the open space between the lot and the right-of-way. Martinsburg rtnsburg +15' The building restriction lines on lots 47,48,49,58 and 59 are shown 20 feet from the road right-of-way. T 540,667.21 39 1eThe deed book and page number reference for all adjoining lots and F 540,665.0493 easements are provided. 1 17 East Piccadilly Street The labels dimensions have been Winchester, VA . easement and requested provided. 18. The total area in lots is provided. 22601 J< All building restriction lines have been merged with easement boundaries. 20. A clear layout of the site utilities is provided. 'QolrThe adjoining subdivision label has been provided. The right-of-way widths have been provided or "varies" specified. 23': The hiker/biker trail connection is shown. 24. The requirement for a chained emergency access is noted. 25. Match lines are provided as necessary. Also please note the following: 1: We believe the drain field easement on Turner parcel has been vacated. Sewer service is provided from the City through Harvest Ridge. 2. A detailed landscaping plan is provided. PH +A 3. The grading feature which was identified as a sinkhole, is in actuality a highpoint. The topographic mapping on the MDP did not provide spot shot elevations. Close examination of this area on these plans reveals a spot elevation indicating a highpoint. We believe we have adequately addressed all of your comments and we look forward to approval. Please call if other questions arise. Regards, gilbert w. clifford & associates ald A. Mislowsky, P.E., VP COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 February 12, 2004 Mr. Ron Mislowsky G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Village at Harvest Ridge: Subdivision Design Plan Review Dear Mr. Mislowsky: I have had the opportunity to review the Subdivision Design Plan (SDP) for Harvest Ridge, received December 12, 2003. The master development plan (MDP) for the associated development was administratively approved on January 13, 2004. Please respond to the following review comments: 1. The vicinity map needs to show all roads, properties and subdivisions within one thousand (1,000) feet of the subdivision. ✓ 2. The day the plan was prepared needs to be shown on the SDP. ✓3. This project is located in the Shawnee Magisterial District, not the Back Creek Magisterial District. ✓4. A graphic scale has not been provided for Sheet 2. 115. On Sheet 2 of 22, the font in which the adjoining properties are shown is to small to read. 6. The woodlands preservation areas depicted on the approved MDP are not consistent with what is on the SDP. If these woodlands have been disturbed, show the required supplementary plantings. i/7. Lot 58 has an area of protected woodlands on it. The BRL's on this lot should be merged with the woodland limits to ensure the area is not disturbed. ;/ 8. Depict fence location protecting woodland limits to ensure that the areas are not disturbed during development of the site. 107 North Kent Street • Winchester, Virginia 22601-5000 Mr. Ron Mislowsky G. W. Clifford & Associates, Inc. RE: Harvest Ridge Subdivision Design Plan February 13, 2004 Page 2 9. The landscape screen that is shown against the City of Winchester limits is not consistent with the approved MDP. le North arrows have not been provided on sheets 5 and 6. Y� Label areas of open space and give the acreage. k The rear building restriction line for a single family small lot is 15'. The rear building restriction lines on lots 72 through 75 range from 20' to 25'. q 2.' The proffers associated with the rezoning of the property state that all side and rear lot lines have to be at least 25' from lots in the city. Lots 64 and 65 are closer than 25' to the lots in the city. Lot 64 needs two front BRL's. 1�S The front BRL's for lots 47, 48, 58 and 59 should be 20' front the edge of the road right-of- way. V"' Deed book and page number reference for all adjoining properties is required. Provide legal references for all existing easements. Label all easements and give dimensions as indicated. 19. On Sheet 2 of 22, in the project summary, provide the total area in lots. Merge all building restriction lines with easements. It is unclear where a majority of the building lots are getting their water and sewer. It would be helpful to show all sanitary sewer easements and water main easements. Provide the right-of-way widths for all roads. V Label the adjoining subdivision in the City of Winchester. B". The hiker/biker connection per the MDP has not been shown. $< Include the statement from the MDP regarding the chained emergency connection to Cedar Creek Grade. Mr. Ron Mislowsky G. W. Clifford & Associates, Inc. RE: Harvest Ridge Subdivision Design Plan February 11, 2004 Page 3 On Sheet 4 of 22, label the Turner Property. Also, the drainfield easement to benefit this property has not been shown. 27. Per § 165-36A(2) of the Frederick County Zoning Ordinance, the required ornamental landscaping must consist of 15 shrubs and one tree per unit. Also state that all planting will conform with § 165-36B of the Frederick County Zoning Ordinance (plant selection, planting procedure, and maintenance). 28. The types of trees being chosen for the ornamental landscaping option need to be shown. On the approved MDP there is a sinkhole located on the property. What type of engineering is being done to make this a buildable area? It would also be appropriate to inform future buyers of this lot that a sinkhole was located on the property. 30. Show match lines for the sheets. The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. I have enclosed a marked copy of the plans to assist with the revisions. If you have any questions, please feel free to call. Sincerely, Candice E. Mills Planner I ce--Gr-eystone Properties, LLC, 13 S. Loudoun St., Winchester, VA 22601 CEM/bad Attachment It , SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at,a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: title "Subdivision Design Plan for with a notation of all previous names of the subdivision. original property identification number. Y' page number and total pages on each page. name of the owner and/or subdivider vicinity map [scale of one to two thousand (1:2000)] showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. written and graphic scale. _,'L � w day; month and year plan prepared and revised. North arrow. name of the Magisterial District where located. zoning of all land to be subdivide dt y boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to the nearest one-hundreth (1/100) of a foot. topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. names of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. ✓ proposed use of each lot, with the number of lots in each use category. ?. area of each lot and parcel, the total area of the T subdivision and the total area in lots. 1 '� - I D Wood l md.o &21- ` 5n6 10 Location and area of each parcel of common open space and the tot$1 area of common open space. location, names, right-of-way widths and classifications of existing and planned -roads, streets and shared private driveways adjacent to and on the property. — existing or proposed utilities, sewer and water lines, manholes, fire hydrants and easements. -�-- -__- existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details.�,J()`� bWaL` LA stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed facilities. proposed grading plan including spot elevations and flow arrows. cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. locations, dimensions and cross sections of existing and proposed sidewalks and walkways. location of environmental features including fW(P41ain, steep slopes, weKj,ds, sinkholes, (ww000 4nds and natural stormwater detention areas. WO3C((c4)dS Y)C4- SMno(_ n names of all streams and bodies of water, including all one -hundred -year flood limits'as mapped by FEMA. location of all land to be dedicated or reserved for public use. location of required setback lines on each lot. '!Fk3 U AJ-CO OL" ',n c v t t -ec 1- , location of proposed recreational areas and facilities. location of proposed buffers and screening with design details, locations and types of plants and screening. proposed landscaping with location and types of plants. I UYQO c� P, -t nc-t- O cot . I C4--- - * y a�,, (ofi pnouS) S hry Jas certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. signature of the owner or principals certifying ownership of the property. statement listing all requirements and conditions placed on.the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. signature line for the Subdivision Administrator. a i 12 4t V�/Uod kc4N S V104- c, ,. RJI,p P }cA �Lw�ra TZ Are c# vat ro c- - 1 wor• COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 January 9, 2004 Mr. Ron Mislowsky G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Village at Harvest Ridge: Subdivision Design Plan Review Dear Ron: On December 10, 2003 our department received a Subdivision Design Plan (SDP) for The Village at Harvest Ridge. As of this date, the Master Development Plan (MDP) for this project has not been administratively approved by this department. The application seeking approval is denied and will not be commented on until the MDP is approved. We have in our possession the copies of the SDP that were submitted; therefore, once the MDP is approved, there is no need to submit additional copies of the SDP unless the MDP contains changes that affect the SDP. If you have any questions, please feel free to call. Sincerely, ice, e_. ' Candice E. Mills Planner I CEM/bad .147 North Kent Street • Winchester, Virginia 22601-5000 CITY OF WINCHESTER, VIRGINIA Rouss City Hall 15 North Cameron Street Winchester, VA 22601 540-667-1815 TDD 540-722-0782 MEMORANDUM TO: Eric Lawrence, Frederick County Planning & Deve opment Director FROM: Tim Youmans, Winchester Planning Director RE: COMMENTS FOR THE PROPOSED VILLAGE AT HARVEST RIDGE DATE: December 29, 2003 Thank you for providing an opportunity for the City to review and comment on the Proposed Village at Harvest Ridge Development. The plans provided to me in late December were reviewed. While a section detail for the path was not provided in the plans, we contacted Ron Mislowsky for further, information. "Ron stated the path would be -8-feet wide and probably constructed with 8" of stone base and 2" asphalt surface. - Access'would be granted with either an access easement or open space easement. 'This seems adequate for the development as proposed. I suggest requiring more detail be provided for West View Lane on Sheet 3. The plans depict a 30' pavement width on West View Ln. when it is actually a 36' width. The plans should also clearly annotate the existing side walk on West View Ln. The additional detail is needed to ensure a smooth transition where West View Ln. meets the proposed development, east of Mikey Court. We would recommend the proposed pavement, curbing, and sidewalk be tapered near city limits in order to provide a smooth transition with the existing pavement, curbing, and sidewalk. The pavement on existing West View Ln. is 36' wide compared to Mikey Ct. where 30' pavement is proposed. In addition, sidewalks along existing West View Ln. are 4' compared to Mikey Ct. where sidewalks are proposed at 5'. The transition at proposed Rock Meadow Ln. appears to be adequate. Our City Engineer is in the process of reviewing the plans, specifically the regrading of a pond located off site on a lot in the City. I recommend waiting for their comments and concerns before proceeding to the final stages of the review process. We would suggest providing a street light on the northeast end of proposed Rock Meadow Lane near the city. limits. The closest light to this location'in the -city is along- Stone Ridge Rd. Due to the location of the drainage ditch/culvert along the eastern'edge'of the site there could be,a safety hazard without proper lighting. Moreover, with proposed Rock Meadow Lane's proximity to Cedar Creek Grade, one can anticipate this streetcarrying the majority of vehicular and pedestrian traffic into the development therefore necessitating additional lighting. MEMO 12/30/2003 Page 2 Please consider changing name of Rock Meadow Lane to Meadow Avenue, as well as naming the street in front of lots 65-67 to West View Lane. This will provide clarity and continuity of street names for the benefit of 911 dispatch. Finally, the traffic flow arrow on Sheet 3, southwest of the traffic circle on Mikey Ct., appears to be inaccurate. Given the proposed one-way circulation, it would create a dangerous traffic flow as currently annotated. Thank you again for providing the City with an opportunity to comment on this residential development. RECEIVED EIVED JAN 0 5 2003 FREpERICKGOUM'Y PLAMNNJQ & [�VEL2P m k Date: Application # C2 0 -03 Fee Paid Application / Agent: Gilbert W. Clifford & Associates, Inc. Address: c/o Ronald A. Mislowsky 117 E. Piccadilly Street, Suite 200 Winchester VA 22601 Phone: (540) 667-2139 Owners name: Grey Stone Properties Address: 13 S. Loudoun Street Winchester, VA 22601 Phone: 662-7215 Please list names of all owners, principals and / or majority stockholders: Richie Wilkins Contact Person: Ronald A. Mislowsky Phone: (540) 667-2139 Jim Vickers Name of Subdivision: Village at Harvest Ridge Number of Lots: 84 Total Acreage: 26.746 Property Location: Along the western City of Winchester corporate limits, Immediately south of Cedar Creek Grade. Magisterial District: Back Creek Property Identification Number (PIN): 64-A-2 & 63-A-3 Property zoning and present use: RP Vacant Adjoining property zoning and use: RA/Residential/Office and the City of Winchester (LR/Residential) Has a Master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes X No What was the MDP title? Village at Harvest Ridge Does the plat contain any changes from the approved MDP? Yes No X If yes, specify what changes: Minimum Lot Size (smallest lot) 6449 S.F. Number and types of housing units in this development: Number: 84 Types: Single Family Small Lot Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia,107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Greystone Properties, LLC (Phone) 662-721 5 (Address) 13 S. Loudoun Street, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 0 2 0 0 0 7 7 5 5 on Page N/ A , and is described as Parcel: 6 3 Lot: A Block: 2 Section: Subdivision: N/A do hereby make, constitute and appoint: also 6 3 -A- 3 (Name) Ronald Mislowsky (Phone) 667-2139 G.W. Clifford & Associates (Address) 13 7 E. v; ccadillrStr at, Winchester, VA 22601 To act as my true and lawful attorney-m-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for, my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) IM Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, )I (we) have hereto set my (our) hand and seal thisy� day oflectm��, 2003 f,, Signature(s) . yy�n4ge�1�e�be State of Virginia, City/Connfy of ,E , To -wit: I;At J I J a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who si eAn the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this qAday of 200E . My Commission Expires: 1Aeerx/.cc& 30..2�06 Notary Public a gilbert w. Clifford & associates a clivislon of Patton H arrls Rust & Assocl-stes,pe Engineers Surveyors. Planners. Landscape Architects. PH 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22801 T 540.667.2139 F 540.665.0493 Memorandum To: Patrick Davenport, Zoning Administrator Tim. Welsh Fire & Rescue John Trenary, Inspections Joe Wilder, Public Works Barry Sweitzer, VDOT From: Ron MislowskyaSM Date: December 9, 2003 Project Name/Subject: Village at Harvest Ridge . PHR+A Project file Number: cc: We've prepared plans for an 84 lot age restricted community located along the west side of the City of Winchester limits, adjoining the Harvest Ridge and Westridge Subdivisions. The Master Plan for this development has been approved. Copies are provided here for your review and comment. Access to the site will be from City streets, Meadow Lane in Harvest Ridge and Westview Lane in Westridge. There is an emergency vehicle access to Cedar Creek Grade through the existing Homespun parking lot. That entrance exists currently. Water and Sewer service will be provided from the CityWin chester nchester lines extended as a part of Harvest Ridge and Westridge Subdivisions. Plans have been provided_ separately to the City's Department of Public Utilities. Other utilities, -gas, electric, telephone and cable have lines available to serve this site. Almost all of the developed site drains to a 48" culvert extended as part of the Harvest Ridge Subdivision development. Stormwater management studies completed aspart of the Harvest Ridge approval determined the amount of runoff detention required and provided a design to meet those discharge standards. These development plans implement that design. A traffic circulation plan is proposed using a series of one way and two way streets. Varying widths of pavement are specified to meet the travel requirements. The roadways runs through an access, drainage and utility easement. This area is not included in the open space calculation. J, The developer intends to begin construction this winter. r'A' Please let me know if you have comments 'or questions. SEC p 2003 rP PW'IN��a S SUBDIVISION 2 VILLAGE AT HARVEST Bat Back Creek 84 Lots RIDGE Please note: The subdivision plans associated with this file are located in the library.