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HomeMy WebLinkAbout15-06 Brookland Manor 68 Lots 8.85 Acres Red Bud - BackfileSubdivision Checklist 1. 2. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT Sanitation Authority Inspections Department Fire Marshal City of Winchester Health Department Parks & Recreation County Engineer One copy of the subdivision application Application received. pc Fee paid (amount: $ zzot ) Information entered in d-BASE and Reference Manual d& File given to Renee' to add to Application Action Summary L` Plat(s) signed by Subdivision Administrator GIS (Road Name Review) Approval letter to applicant/agent '0/l l A Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment Updated d-BASE and Reference Manual D ! q 8 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 Man -A ubdivision.vk Revised' o!1-4102 !r 0 B o , DATE _ NO. 9157 � N RECEIVED F M �� S.,Jam+ '-nn i I� {.i� . 1._.s 1, ._f o Q O N `-h'X' 4 2 U N U FOR REN lJrOR • U 1-+ III v �� E +� • • AMT. OF CASH ACCOUNT AMT. PAID ct d CHECK BALANCE , MONEY DUE ORDER DOLLARS CHARGE CARD FORM Nance D 0M Ci Ho I GK V Phone Company Name Address i a 0 City, State, Zip CodeW 41- Card Type V) Ja� Exp. Date I 0 I 1 Card # H oR (o4 02 9 6 I 5100 39 9 a Please Accept payment for the following fee(s) by credit card as noted below: (r�) Item Budget Amount Code Booklets & Maps PCO1 $ Description Proffers Woodside Estates II 1OBH $ Saratoga Meadows IOBQ $ Valley Mill Estates MCC $ Briar -wood Estates Il - IX I OCN $ Sign Deposit 1095 $ Applications ?Ia+s 5 5� azure�� ZASP $ goo. u Zoning & Subdivision Ordinance PCO2 $ Sale of Amendments (Zoning/Subdivision ord) PCO2 $ Sale of GIS Material 10 DL $ Subtotal $ 2.25% card user fee a cD + (15 J . A:\chargecardform.wpd Total ( o $ 1 I N This instrument was prepared by Kimberly M. Athey, Esquire. THIS DEED OF SUBDIVISION OF PHASE ONE AND DEDICATION AND EASEMENT made this day of August, 2008, by BROOKLAND MANOR, L.C., a Virginia limited liability company, GRANTOR and GRANTEE, whose address is 420 W. Jubal Early Drive, Suite 103, Winchester, Virginia 22601, the COMMONWEALTH OF VIRGINIA, GRANTEE, and FREDERICK COUNTY SANITATION AUTHORITY, a Virginia corporation organized and existing under the provisions of the Virginia Water and Sewer Authorities Act (Code of Virginia Section 15.1-1239 et seq.), GRANTEE. WITNESSETH: WHEREAS, Brookland Manor, L.C. is the owner of two tracts of land; the first tract containing 3.18 acres, is identified as Frederick County PIN 54-2-5, and was acquired by the company by instrument of record in the Circuit Court Clerk's Office of Frederick County, Virginia, as Instrument #040008784; and the second tract containing 5.99 acres, was created by Deed of Subdivision, dated July 2008, and recorded in the aforesaid Clerk's Office as Instrument # , and is the residue of a 7.35 acre tract of land identified as Frederick County PIN 54-2-6, and acquired by the company by instrument of record in the aforesaid Clerk's Office as Instrument #050018510, (hereinafter "Property"), which Property is more particularly described and set forth on a plat prepared by David B. Weems, P.E., entitled "FINAL PLAT OF SUBDIVISION, BROOKLAND MANOR PH. 1, LANDS OF BROOKLAND MANOR, L.C., RED BUD DISTRICT, FREDERICK COUNTY, VIRGINIA" dated May 13, 2008, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS, Brookland Manor, L.C. desires to subdivide the Property as set forth on the 1 attached and incorporated Plat; to convey and dedicate for public right-of-way that portion of the Property shown and set forth on the attached and incorporated Plat as "HEREBY DEDICATED FOR PUBLIC RIGHT-OF-WAY"; to convey the sidewalk maintenance easement shown and set forth on the attached and incorporated plat as "VDOT SWLK MAINT. ESMT."; to convey the sewer and water easements shown and set forth on the attached and incorporated Plat as "FCSA 30' SEWER & WATER ESMT." and "FCSA SEWER & WATER ESMT."; to create the other and various easements set forth on the attached and incorporated Plat to facilitate the development of the Property; and to reserve a 10' foot permanent easement across each Lot created hereby along any lot line that adjoins any road or street shown on the attached and incorporated Plat and also to reserve a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. NOW, THEREFORE, WITNESSETH, in consideration of the premises, Grantor does hereby subdivide and create the parcels as said parcels are set forth on the attached and incorporated Plat, said parcels being Lots 1 through 24, inclusive, and Open Space Parcels A and B, Brookland Manor Subdivision, Phase 1. This subdivision is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation, the Frederick County Sanitation Authority, and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The platting and dedication of the aforementioned parcels is with the free consent and in accordance with the desire of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby grant and convey to the Commonwealth of Virginia and dedicate for public right-of-way that V, portion of the Property set forth on the attached and incorporated Plat, and designated thereon as "HEREBY DEDICATED FOR PUBLIC RIGHT-OF-WAY." Said dedication is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The dedication of this public right-of-way is with the free consent and in accordance with the desire of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby grant and convey to the Commonwealth of Virginia the sidewalk maintenance easement as shown and set forth on the attached and incorporated plat as "VDOT SWLK MAINT. ESMT." Said conveyance is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation and Frederick County, Virginia as evidenced by the signatures set forth on the attached and incorporated Plat. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby grant and convey to the Frederick County Sanitation Authority permanent water and sewer easements over and across the Property as shown and set forth on the attached and incorporated Plat as "FCSA 30' SEWER & WATER ESMT." and "FCSA SEWER & WATER ESMT."; Said conveyance is made with the consent and approval of the appropriate authorities of the Frederick County Sanitation Authority and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The permanent easements herein conveyed grant to the Frederick County Sanitation Authority and its successors and assigns the perpetual right to install, lay, and maintain works 3 and systems for the collection and transmission of water, sewage, and/or waste water, including the right to go on, over and upon the said permanent easements for the purpose of installing, laying, maintaining, repairing, and replacing the same as needed. Grantor shall retain the right to use its lands which are subject to the easements acquired herein in any manner which does not interfere with the use and enjoyment of the rights of the Frederick County Sanitation Authority and its successors and assigns. Grantor shall at all times have the right to cross over and upon the said easements and to use the surface over the easements in such manner as will neither injure or interfere with the construction, operation, or maintenance of the works and systems for the collection and transmission of water, sewage, and/or waste water, except that no building or other structure shall be erected over said permanent easements. Whenever the enjoyment of its rights hereunder requires the Frederick County Sanitation Authority to disturb the surface of the ground, it shall be the obligation of the Frederick County Sanitation Authority, at its expense, to restore the ground to its condition prior to being so disturbed. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby create and establish the other and various easements as shown and set forth on the attached and incorporated Plat, including those for storm sewer, ingress and egress, and gas, which easements shall run with the land and shall benefit and be binding upon the owner(s) of the Property, and their respective heirs, successors, and assigns. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby reserve a 10' foot permanent easement across each Lot created hereby along any property line that adjoins any road or street shown on the attached and incorporated Plat and also reserves a 4 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. WITNESS the following signature and seal: BROOKLAND MANOR, L.C. David B. Holliday, Manager STATE OF VIRGINIA CITY/COUNTY OF , to -wit: I, , a Notary Public in and for the State and City/County aforesaid, do certify that David B. Holliday, Manager of Brookland Manor, L.C., whose name is signed to the foregoing Deed of Subdivision of Phase One and Dedication and Easement, dated the day of August, 2008, has this day personally appeared and acknowledged the same before me in the State and City/County aforesaid. Given under my hand this My Commission expires: day of August, 2008. Notary Public Registration No. This instrument was prepared by Kimberly M. Athey, Esquire. THIS DEED OF SUBDIVISION made this day of August, 2008, by BROOKLAND MANOR, L.C., a Virginia limited liability company, GRANTOR and GRANTEE, whose address is 420 W. Jubal Early Drive, Suite 103, Winchester, Virginia 22601. WITNESSETH: WHEREAS, Brookland Manor, L.C. is the owner of a tract of land, identified as Frederick County PIN 54-2-6; which said tract of land was acquired by the company by instrument of record in the Circuit Court Clerk's Office of Frederick County, Virginia, as Instrument #050018510, (hereinafter "Property"), which Property is more particularly described and set forth on a plat prepared by David B. Weems, P.E., entitled "PLAT SHOWING SUBDIVISION OF LANDS OF BROOKLAND MANOR, L.C., OUTLOT 1, RED BUD DISTRICT, FREDERICK COUNTY, VIRGINIA" dated May 12, 2008, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS, Brookland Manor, L.C. desires to subdivide the Property as set forth on the attached and incorporated Plat. NOW, THEREFORE, WITNESSETH, in consideration of the premises, Grantor does hereby subdivide and create the parcels as said parcels are set forth on the attached and incorporated Plat, said parcels being Outlot 1 and Residue (54-2-6). This subdivision is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation, the Frederick County Sanitation Authority, and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The platting and dedication of the aforementioned parcels is with the free consent and in accordance with the desire 1 of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. WITNESS the following signature and seal: By: STATE OF VIRGINIA CITY/COUNTY OF , to -wit: BROOKLAND MANOR, L.C. David B. Holliday, Manager I, , a Notary Public in and for the State and City/County aforesaid, do certify that David B. Holliday, Manager of Brookland Manor, L.C., whose name is signed to the foregoing Deed of Subdivision, dated the day of August, 2008, has this day personally appeared and acknowledged the same before me in the State and City/County aforesaid. Given under my hand this My Commission expires: day of August, 2008. Notary Public Registration No. 2 c c, 0 This instrument was prepared by Kimberly M. Athey, Esquire. THIS DEED OF SUBDIVISION OF PHASE TWO made this day of August, 2008, by BROOKLAND MANOR, L.C., a Virginia limited liability company, GRANTOR and GRANTEE, whose address is 420 W. Jubal Early Drive, Suite 103, Winchester, Virginia 22601. WITNESSETH: WHEREAS, Brookland Manor, L.C. is the owner of two tracts of land; the first tract containing 0.38 acres, is the residue of a 3.18 acre tract of land identified as Frederick County PIN 54-2-5, acquired by the company by instrument of record in the Circuit Court Clerk's Office of Frederick County, Virginia, as Instrument #040008784, and the second tract containing 1.96 acres, is the residue of a 7.35 acre tract of land identified as Frederick County PIN 54-2-6, and acquired by the company by instrument of record in the aforesaid Clerk's Office as Instrument #050018510, said 0.38 acre and 1.96 acre tracts having been created by Deed of Subdivision of Phase One and Dedication and Easement, dated July _, 2008, and recorded in the aforesaid Clerk's Office as Instrument # (hereinafter "Property"), which Property is more particularly described and set forth on a plat prepared by David B. Weems, P.E., entitled "FINAL PLAT OF SUBDIVISION, BROOKLAND MANOR PHASE 2, LANDS OF BROOKLAND MANOR, L.C., RED BUD DISTRICT, FREDERICK COUNTY, VIRGINIA" dated May 13, 2008, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS, Brookland Manor, L.C. desires to subdivide the Property as set forth on the attached and incorporated Plat; and to reserve a 10' foot permanent easement across each Lot created hereby along any lot line that adjoins any road or street shown on the attached and incorporated Plat and also to reserve a 10' permanent easement across each Lot created hereby 1 • along the rear lot line of each Lot. NOW, THEREFORE, WITNESSETH, in consideration of the premises, Grantor does hereby subdivide and create the parcels as said parcels are set forth on the attached and incorporated Plat, said parcels being Lots 25 through 48, inclusive, Brookland Manor Subdivision, Phase 2. This subdivision is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation, the Frederick County Sanitation Authority, and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The platting and dedication of the aforementioned parcels is with the free consent and in accordance with the desire of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby reserve a 10' foot permanent easement across each Lot created hereby along any property line that adjoins any road or street shown on the attached and incorporated Plat and also reserves a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. WITNESS the following signature and seal: BROOKLAND MANOR, L.C. By: David B. Holliday, Manager E STATE OF VIRGINIA CITY/COUNTY OF , to -wit: I, , a Notary Public in and for the State and City/County aforesaid, do certify that David B. Holliday, Manager of Brookland Manor, L.C., whose name is signed to the foregoing Deed of Subdivision of Phase Two, dated the day of August, 2008, has this day personally appeared and acknowledged the same before me in the State and City/County aforesaid. Given under my hand this My Commission expires: day of August, 2008. Notary Public Registration No. 9 1 This instrument was prepared by Kimberly M. Athey, Esquire. THIS DEED OF SUBDIVISION OF PHASE THREE made this day of August, 2008, by BROOKLAND MANOR, L.C., a Virginia limited liability company, GRANTOR and GRANTEE, whose address is 420 W. Jubal Early Drive, Suite 103, Winchester, Virginia 22601. WITNESSETH: WHEREAS, Brookland Manor, L.C. is the owner of a tract of land, containing 1.05 acres, and is the residue of a 7.35 acre tract of land identified as Frederick County PIN 54-2-6, and acquired by the company by instrument of record in the aforesaid Clerk's Office as Instrument #050018510, said 1.05 acre tract having been created by Deed of Subdivision of Phase Two, dated July _, 2008, and recorded in the aforesaid Clerk's Office as Instrument # , (hereinafter "Property"), which Property is more particularly described and set forth on a plat prepared by David B. Weems, P.E., entitled "FINAL PLAT OF SUBDIVISION, BROOKLAND MANOR PHASE 3, LANDS OF BROOKLAND MANOR, L.C., RED BUD DISTRICT, FREDERICK COUNTY, VIRGINIA" dated May 13, 2008, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS, Brookland Manor, L.C. desires to subdivide the Property as set forth on the attached and incorporated Plat; and to reserve a 10' foot permanent easement across each Lot created hereby along any lot line that adjoins any road or street shown on the attached and incorporated Plat and also to reserve a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. NOW, THEREFORE, WITNESSETH, in consideration of the premises, Grantor does hereby subdivide and create the parcels as said parcels are set forth on the attached and incorporated 1 r Plat, said parcels being Lots 49 through 68, inclusive, Brookland Manor Subdivision, Phase 3. This subdivision is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation, the Frederick County Sanitation Authority, and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The platting and dedication of the aforementioned parcels is with the free consent and in accordance with the desire of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby reserve a 10' foot permanent easement across each Lot created hereby along any property line that adjoins any road or street shown on the attached and incorporated Plat and also reserves a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. WITNESS the following signature and seal: BROOKLAND MANOR, L.C. David B. Holliday, Manager 2 • STATE OF VIRGINIA CITY/COUNTY OF , to -wit: I, , a Notary Public in and for the State and City/County aforesaid, do certify that David B. Holliday, Manager of Brookland Manor, L.C., whose name is signed to the foregoing Deed of Subdivision of Phase Three, dated the day of August, 2008, has this day personally appeared and acknowledged the same before me in the State and City/County aforesaid. Given under my hand this day of August, 2008. My Commission expires: Notary Public Registration No. BYLAWS OF BROOKLAND MANOR PROPERTY OWNERS'ASSOCIATION, INC. ARTICLE I NAME AND LOCATION The name of the corporation is BROOKLAND MANOR PROPERTY OWNERS' ASSOCIATION, INC. (the "Association"). The principal office of the Association shall initially be located at 420 W. Jubal Early Drive, Suite 103, Winchester, Virginia 22601, but meetings of members and directors may be held at such places within the Commonwealth of Virginia as may be designated by the Board of Directors. ARTICLE II DEFINITIONS All words defined in the Declaration of Covenants, Conditions and Restrictions ("Declaration") applicable to the Property, "which Declaration has been or shall be recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, shall have the same definition when used herein. ARTICLE III MEMBERSHIP Section 1. Every Owner of a Lot, which is subject to the Declaration shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. Section 2. Classes. The Association shall have two (2) classes of voting membership: Class A: Class A Members shall be all Members with the exception of the Class B Members. A Class A Member shall be entitled to one (1) vote for each Lot in which it holds the interest required for membership. Class B: The Class B Member shall be the Declarant. The Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership. Class B, as a separate class, shall terminate and be converted to Class A membership with only one (1) vote per Lot, whichever first occurs: (a) within four (4) months after the total votes outstanding in Class A membership in the annexed property equal the total votes outstanding in the Class B membership in such annexed property; or (b) five (5) years from the date of recordation of the document annexing such property; or (c) sixty (60) days after the Declarant abandons construction in the annexed property (i.e., no new dwelling construction has been initiated for a period of ten (10) months in the annexed property, unless there is evidence of continuing construction). Section 3. Annexation. Upon annexation of additional properties pursuant to the Declaration, and in the event that Class B membership shall have terminated as hereinabove provided, Class B membership shall be revived with respect to all Lots owned by the Declarant. Such revived Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs first: (a) within four (4) months after the total votes outstanding in Class A membership in the annexed property equal the total votes outstanding in the Class B membership in such annexed property; or (b) five (5) years from the date of recordation of the document annexing such property; or (c) sixty (60) days after the Declarant abandons construction in the annexed property (i.e., no new dwelling construction has been initiated for a period of ten (10) months in the annexed property, unless there is evidence of continuing construction). Section 4. Multiple Ownership Interests. If more than one (1) person or entity holds an ownership interest in any Lot, the vote for such Lot shall be exercised as the Owners of the Lot among themselves determine and may be exercised by any one (1) of the people or entities holding such ownership interest, unless any objection or protest by any other holder of such ownership interest is made prior to the completion of a vote, in which case the vote for such membership shall not be counted. The Member whose vote is in dispute shall be counted as present at the meeting for quorum purposes if the protest is lodged at such meeting. Except as provided above, in no event shall more than one (1) vote be cast with respect to any Lot. ARTICLE VI MEETING OF MEMBERS Section 1. Annual Meetings. The first annual meeting of the Members shall be held within one (1) year from the date of incorporation of the Association, and each subsequent regular annual meeting of the Members shall be held within twelve (12) months after the previous annual meeting, at such day and time, in Frederick County, Virginia as shall be set by the Board of Directors provided, however, that it shall not be held on a legal holiday. Section 2. Special Meetings. Special meetings of the Members may be called at any time by the President, the Board of Directors, or upon written request of Members who are entitled to vote at least one-fourth (1/4) of all of the votes of either class of Members. Section 3. Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary of the Association, or person authorized to call the meeting, by delivering or mailing a copy of such notice, postage prepaid, at least fifteen (15) days before such meeting to each Member entitled to vote thereat, addressed to the Member's address last appearing on the books of the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. Section 4. Ouorum. The presence at the meeting of Members, or their proxies, constituting at least ten percent (10%) of the votes of each class of Members shall constitute a quorum for any action, except as otherwise provided in the Articles of Incorporation, the Declaration or these Bylaws. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have the power to adjourn the meeting and to call another meeting without notice other than announcement at the meeting prior to adjournment, and the required quorum at any such subsequent meeting shall be one-half (1 /2) of the required quorum at the preceding meeting. Section 5. Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing, in the form required by law, and filed with the Secretary of the Association. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of its Lot. ARTICLE V BOARD OF DIRECTORS: SELECTION: OFFICE Section 1. Number. qualification. The affairs of this Association shall be managed by a Board of Directors (the "Board") who need not be Members. No Member who has an assessment against its Lot more than thirty (30) days past due shall be eligible to be a Director. Any Director who has an assessment against its Lot more than thirty (30) days past due shall be subject to removal by a majority vote of the other Directors. The initial Directors shall be appointed by the Declarant or its designee, and shall serve until the end of the Declarant Control Period. The initial number of directors shall be three (3) which number may be increased to as many as nine (9)• Section 2. Election. At the first annual meeting of Members after the termination of the Class B membership, the Members shall elect one-third (1/3) of the directors for a term of one (1) year; one-third (1/3) of the directors for a term of two (2) years; and one-third (1/3) of the directors for a term of three (3) years; and, as the terms of such directors expire, new directors shall be elected by the Members at the annual meetings thereafter for terms of three (3) years each. Election to the Board of Directors shall be by secret, written ballot. At such election the members or their proxies may cast, with respect to each vacancy, as many votes as they are entitled to exercise under the provisions of these Bylaws. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. Section 3. Nomination. Nomination for election to the Board of Directors may be made by a Nominating Committee, if one is formed. Nominations may also be made from the floor at the annual meeting. If a Nominating Committee is created, it shall consist of a Chairperson, who shall be a member of the Board of Directors, and two (2) or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors sixty (60) to ninety (90) days prior to each annual meeting of the Members, to serve until the close of such annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not fewer than the number of vacancies that are to be filled. Such nominations may be made from among Members or non -Members. Section 4. Replacement. Any Director may be removed from the Board in accordance with Virginia Code Section 13.1-865, with or without cause, by a majority vote of the Members in accordance with Virginia law. In the event of death, resignation or removal of a Director, that Director's successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of the predecessor. Notwithstanding what is stated above, the Declarant shall have the right to appoint a replacement Director for any Director appointed by the Declarant. Section 5. Compensation. No Director shall receive compensation for any service he/she may render to the Association in his/her capacity as a Director. However, any Director may be reimbursed for his/her actual, reasonable expenses incurred in the performance of his/her duties as a Director, as permitted by Virginia law. Section 6. Action Taken Without a Meeting. The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the Directors in accordance with Virginia law. Any action so taken shall have the same effect as though taken at a meeting of the Directors. Section 7. Indemnification. Each Director, in consideration of his/her services as such, shall be indemnified by the Association to the extent permitted by law against expenses and liabilities reasonably incurred by him/her in connection with the defense of any action, suit or proceeding, civil or criminal, to which he/she may be a party by reason of his/her past or present role in the Association, unless such action was a result of gross neglect or willful misconduct of the Director. ARTICLE VI MEETING OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held on a regular basis and at least four (4) times per year without notice and at such place and hour as may be fixed from time to time by resolution of the Board. Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the President of the Association or by any two (2) Directors after not less than three (3) days' notice to each Director. Section 3. Quorum. A majority of the Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The Board of Directors shall have power: (a) to adopt and publish rules and regulations governing the use of the Common Area and facilities and the personal conduct of the Members and their guests thereon and to establish penalties for the infraction thereof; (b) to suspend the voting rights and right of a Member to use any facilities or non -essential services offered by the Association, to the extent that access to the Lot through the Common Area is not precluded, during any period in which such Member shall be in default in the payment of any assessment levied against said Member by the Association. Such rights may also be suspended for a period not to exceed sixty (60) days for any infraction of published rules and regulations. No assessment shall be refunded in the event of suspension; (c) to manage and control the affairs of the Association and exercise all powers and authorities granted to the Association by law, under the Articles of Incorporation, the Declaration, and these Association Bylaws; (d) to declare the office of a member of the Board of Directors vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; (e) to retain an independent contractor and to employ a manager and such other employees as the Board deems necessary, and to prescribe the duties of employees and scope of services of independent contractors; (f) to grant easements and licenses over the common Area; and (g) to re -subdivide and/or adjust the boundary lines of the Common Area in accordance with governing law. Section 2. Duties. It shall be the duty of the Board of Directors; (a) to cause to be kept a complete written record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the Members, or at any special meeting, when, such statement is requested in writing by at least one-fourth (1/4) of the Class A Members who are entitled to vote; (b) to supervise all officers, agents and employees of the Association in the performance of their respective duties; (c) as more fully provided herein and in the Declaration: (i) to fix the amount of the Assessments (as defined in the Declaration) against each Lot at least thirty (30) days in advance of the annual assessment period; and (ii) to send or cause to be sent written notices of each such Assessment to every Owner subject thereto at least thirty (30) days in advance of the annual assessment period; (d) at the request of a Member or Mortgagee, to issue, or cause an appropriate officer or authorized agent to issue, a certificate setting forth whether any such Assessment has been paid; (A reasonable charge may be made by the Board for the issuance of such a certificate. Such certificate shall be conclusive evidence that any Assessment therein stated to have been paid has been paid.) (e) to procure and maintain adequate liability insurance and hazard insurance on the Common Area and any easement areas of which the Association is the beneficiary and has the obligation to maintain, which shall contain a severability of interest clause or endorsement and which shall preclude the insurer from denying the claim of any Owner because of the negligent acts of the Association or other Owners; (f) to cause all officers or employees having fiscal responsibilities to be bonded, as required by the Declaration; and (g) to cause the Common Area to be maintained in accordance with the standard adopted by the Board. ARTICLE VIII OFFICERS AND THEIR DUTIES Section 1. Enumeration of Officers. The officers of the Association shall be a president and vice president, who shall at all times be members of the Board of Directors. a secretary, and a treasurer and such other officers as the Board may elect from time to time. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members. Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless such .officer shall sooner resign, be removed, or otherwise be disqualified or unable to serve. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may from time to time determine. Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall be effective on the date of receipt of such notice or at any later date and time specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled in the manner prescribed for regular election. The officer elected to such vacancy shall serve for the remainder of the term of the officer replaced. Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. Otherwise, no person shall simultaneously hold more than one of any of the other offices, except in the case of special offices created pursuant to this Article, and except in the case of officers elected by the initial Directors who may hold more than one office. In no case shall the offices of President and Secretary be held by the same person. Section 8. Duties. The duties of the officers are as follows: (a) President: The President shall preside at all meetings of the Board of Directors, see that orders and resolutions of the Board are carried out, and sign all contracts, leases, mortgages, promissory notes, deeds and other written instruments on behalf of the Association; (b) Vice President: The Vice President shall act in the place and stead of the President in the event of the latter's absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him/her by the Board; (c) Secretary: The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members, keep the corporate seal of the Association and affix it to all papers requiring said seal, serve notice of meetings of the Board and of the Members, keep appropriate current records showing the Members, together with their addresses, and perform such other duties as required by the Board. (d) Treasurer: The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and disburse such funds as directed by resolution of the Board of Directors, sign all checks of the Association, keep proper books of account, cause an audit of the Association books to be made by a public accountant if so required by a Mortgagee, and prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting. Section 9. Delegation. The officers may delegate any of their duties to an agent hired for that purpose. ARTICLE IX COMMITTEES The Board of Directors shall appoint an Architectural Review Board as provided in the Declaration and may appoint a Nominating Committee as provided in the Bylaws. In addition, the Board of Directors may appoint other committees as it deems appropriate in carrying out its responsibilities. It shall be the duty of each committee to receive complaints from Members on any matter involving Association functions, duties and activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other committee, Director or officer of the Association as is further concerned with the matter presented. ARTICLE X BOOKS AND RECORDS The books, records and papers of the Association shall at all times during reasonable business hours be subject to inspection by any Member at the principal office of the Association. Copies may be purchased at a reasonable cost. ARTICLE XI CORPORATE SEAL The Association shall have a seal in circular form having within its circumference the name of the Association. ARTICLE XII AMENDMENTS These Bylaws may be amended at a duly noticed regular or special meeting of the Members where a quorum is present by a majority vote of members entitled to vote and voting at the meeting in person or by proxy, except that if any of the Lots are security for a loan guaranteed or insured by the Veterans Administration ("VA") or the Federal Housing Administration ("FHA"), and if there is a Class B Member, the FHA or the VA shall have the right to veto amendments. ARTICLE XIII SPECIAL AMENDMENTS Notwithstanding anything herein to the contrary, the Declarant may unilaterally amend these Bylaws for any reason prior to the conveyance of a Lot to an Owner and thereafter may make any amendment required by any of the federal mortgage agencies, such as the Veterans Administration, Federal Housing Administration, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, or by the County of Frederick, Virginia, as a condition of the approval of these Bylaws, and shall give written notice of any such amendments to the Members. ARTICLE XIV MISCELLANEOUS Section 1. Fiscal Year. The fiscal year of the Association shall begin on January 1 and end on December 31 of every year, except that the first fiscal year shall begin on the date of incorporation of the Association. The dates fixing the fiscal year may be adjusted at the discretion of the Board. Section 2. Conflict. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; in the case of any conflict between the Declaration and these Bylaws, the Bylaws shall control. Adopted at the organizational meeting of the Board of Directors of the Brookland Manor Property Owners' Association, Inc., on the day of August, 2008. Secretary DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS BROOKLAND MANOR THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the "Declaration") is made as of the day of August, 2008, by and between BROOKLAND MANOR, L.C., a Virginia limited liability company, its successors and assigns (the "Declarant") (Grantor for indexing purposes), and BROOKLAND MANOR PROPERTY OWNERS' ASSOCIATION, INC.. a Virginia non -stock corporation, its successors and assigns (the "Association") (Grantee for indexing purposes). RECITALS: A. The Declarant is the owner of certain real property which shall be developed as a single family town home community in accordance with the Frederick County Zoning Ordinance. The property is located in Frederick County, Virginia, known as Lots 1 through 68, and Common Areas known as Parcel A, Parcel B, Brookland Manor (hereinafter, the "Property"), as the same are duly subdivided, platted and recorded by the Plats and Deeds of Subdivision recorded in the Clerk's Office of the Circuit Court of Frederick County at Instrument No. (as to Phase One), Instrument No. (as to Phase Two), and Instrument No. (as to Phase Three) (hereinafter, "The Plats of Survey"). B. The Declarant desires to create on the Property a residential community, which shall have permanent open spaces and other common facilities for the benefit of the community. C. The Declarant and the Association desire to provide for the preservation of the values of the community and such other areas as may be subjected to this Declaration, and to provide for the maintenance of the open spaces and other facilities and, to this end, declare and publish their intent to subject the Property to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, it being intended that they shall run with the Property and shall be binding on all persons or entities having or acquiring any right, title .or interest in the Property or any part thereof and shall inure to the benefit of each Owner thereof. D. The Declarant has deemed it desirable for the efficient preservation of the values of said community to create an association to which shall be delegated and assigned the powers of owning, maintaining and administering the Common Areas and facilities, administering and enforcing the covenants and restrictions made in and pursuant to this Declaration, and collecting and disbursing the Assessments and charges hereafter created. E. The Declarant has incorporated as a non -stock corporation under the laws of the Commonwealth of Virginia, the Brookland Manor Property Owners' Association, Inc., for the purpose of exercising the functions of the Association. NOW, THEREFORE, the Declarant, for and in consideration of the premises and the covenants contained herein, grants, establishes and conveys to each Owner of a Lot, with the express concurrence of the Association, mutual, non-exclusive rights, privileges and easements of enjoyment on equal terms and in common with all other Owners of Lots in and to the use of any Common Area and facilities; and further, the Declarant and the Association declare the Property to be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, reservations, easements, charges and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of, and shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their respective successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to the Brookland Manor Property Owners' Association, Inc., a Virginia non -stock corporation, its successors and assigns. Section 2. "Board of Directors" or "Board" or "Directors" shall mean and refer to the executive and administrative entity established by the Articles of Incorporation of the Association as the governing body of the Association. Section 3. "Common Area" shall mean and refer to all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Members, and shall include any private streets shown on The Plats of Survey. Section 4. "Declarant" shall mean and refer to Brookland Manor, L.C., and its successors or assigns (i) to whom Brookland Manor, L.C. assigns any or all of its rights as Declarant pursuant to this Declaration by assignment recorded in the appropriate land records, or (ii) who is a purchaser at foreclosure of the Property or a grantee in a deed in lieu of foreclosure from the Declarant. Such. an assignment shall only operate as to the land, which is owned by such successor or assign. If the Declarant consists of more than one (1) person or entity, the rights and obligations of the Declarants shall be several and shall be based upon and apportioned in accordance with the number of Lots owned by each Declarant. Section 5. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions applicable to the Property, which Declaration is recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. Section 6. "Developer" shall mean and refer to Brookland Manor, L.C. and its assignees if such assignees receive a written assignment from the Developer. Section 7. "Dwelling Unit" shall mean and refer to any structure located on the Property intended for any type of independent ownership for use and occupancy as a residence by a single household and shall, unless otherwise specified, include within its meaning (by way of illustration but not limitation) patio or zero lot line homes, townhouses and detached homes. Section 8. "Federal Agencies" shall mean the Veterans Administration ("VA"), Federal Housing Authority ("FHA"), Fannie Mae and Freddie Mac. Section 9. "Lot" shall mean and refer to any plot of land created by and shown on a lawfully recorded subdivision plat of the Property upon which a Dwelling Unit could be constructed in accordance with applicable zoning ordinances, with the exception of the Common Area and.streets dedicated to public use. Section 10. "Member" shall mean and refer to any person or entity who holds a membership in the Association, as more particularly set forth in Article II below. Section 11. "Mortgagee" shall mean and refer to any person or entity secured by a first mortgage or first deed of trust on any Lot or Common Area who has notified the Association of this fact in writing. Section 12. "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of the fee simple title to any Lot which is part of or has been annexed into the Association, including a contract seller but excluding those holding such interest in a Lot solely by virtue of a contract to purchase a Lot or as security for the performance of an obligation. If more than one (1) person or entity is the record owner of a Lot, the term "Owner" as used herein shall mean and refer to such owners collectively, so that there shall be only one (1) Owner of each Lot. Section 13. "Phases" shall mean those phases as approximately set out on the Plats of Survey, or as subsequently amended. Said Phases indicate development phases, and upon development of said Phases, said Lots shall automatically be annexed within the Association, without any need for approval by the Association. Section 14. "Property" shall mean and refer to that certain real property described as Lots I through 68, and Parcels A and B, Brookland Manor, as shown on The Plats of Survey prepared by Dewberry and Davis, LLC, and duly subdivided by the Deeds of Subdivision recorded in the Clerk's Office of the Circuit Court of Frederick County at Instrument No. (as to Phase One), Instrument No. (as to Phase Two), and Instrument No. (as to Phase Three), which are incorporated herein by reference as if set out in full, and such additions thereto which, from time to time, may be brought within the jurisdiction of the Association. ARTICLE II MEMBERSHIP Every Owner of a Lot, which is subject to this Declaration shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS Section 1. Classes. The Association shall have two (2) classes of voting membership: Class A: Class A Members shall be all Members with the exception of the Class B Member. A Class A Member shall be entitled to one (1) vote for each Lot in which it holds the interest required for membership pursuant to Article II. Class B: The Class B Member shall be the Declarant. The Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership pursuant to Article II. Class B, as a separate class, shall terminate and be converted to Class A membership with only one (1) vote per Lot, upon the occurrence of whichever of the following first occurs: (a) within four (4) months after the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) five (5) years from the date of recordation of this Declaration or the last amendment thereof; or (c) sixty (60) days after the Declarant abandons construction (i.e., no new dwelling construction has been initiated for a period of ten (10) months, unless there is evidence of continuing construction). Section 2. Annexation. Upon annexation of Phases of the Property or additional properties pursuant to this Declaration, and in the event that Class B membership shall have terminated as hereinabove provided, Class B membership shall be revived with respect to all Lots owned by the Declarant. Such revived Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs first: (a) within four (4) months after the total votes outstanding in Class A membership in the annexed property equal the total votes outstanding in the Class B membership in such annexed property; or (b) five (5) years from the date of recordation of the document annexing such property; or (c) sixty (60) days after the Declarant abandons construction in the annexed property (i.e., no new dwelling construction has been initiated for a period often (10) months in the annexed property, unless there is evidence of continuing construction). Section 3. Multiple Ownership Interests. If more than one (I) person or entity holds an ownership interest in any Lot, the vote for such Lot shall be exercised as the Owners of the Lot among themselves determine and may be exercised by any one (1) of the people or entities holding such ownership interest, unless any objection or protest by any other holder of such ownership interest is made prior to the completion of a vote, in which case the vote for such membership shall not be counted. The Member whose vote is in dispute shall be counted as present at the meeting for quorum purposes if the protest is lodged at such meeting. Except as provided above, in no event shall more than one (1) vote be cast with respect to any Lot. ARTICLE IV PROPERTY RIGHTS Section 1. Members' Easements of Enjoyment. Subject to the limitations and restrictions of this Declaration, every Member shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to: (a) the right of the Association to limit the number of guests of Members on the Common Area; (b) the right of the Association to adopt and enforce rules and regulations governing the use of the Common Area and facilities including, without limitation, the imposition of fines for the violation thereof, (c) the right of the Association to suspend the voting rights, the right to run for office within the Association, and rights of a Member to the use of any recreational facilities or non -essential services offered by the Association, to the extent that access and the provision of utilities to their Lot through the Common Area are not precluded, for any period during which any assessment against such Member's Lot remains unpaid, or for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (d) the right of the Association to borrow money for the improvement, maintenance or repair of the Common Area or facilities and in aid thereof, with the assent of at least three -fourths (3/4) of the votes of each class of Members who are entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, to mortgage the Common Area, subject to this Declaration and the easement of enjoyment created hereby, and to acquire property encumbered by a lien or liens of a mortgage or deed of trust; provided that any such mortgage of the Common Area must state that it is subject to this Declaration and the easement of enjoyment created hereby, and shall not be in conflict with its designation as "open space"; (e) the right of the Association at any time, or upon dissolution of the Association, and consistent with the then -existing zoning and subdivision ordinances of Frederick County, Virginia (the "County") and its designation of the Common Area as "open space," to dedicate or transfer all or any part of the Common Area to an organization conceived and organized to own and maintain common open space, or, if such organization will not accept such a transfer, then to the .County or other appropriate governmental agency, or, if such a transfer is declined, then to another entity in accordance with the laws governing the same, for such purposes and subject to conditions as may be agreed to by the Members. Except in the case of dissolution, any such dedication or transfer shall have the assent of at least three -fourths (3/4) of each class of Members entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which shall be sent to all Members not less than twenty-five (25) days nor more than fifty (50) days in advance of the meeting setting forth the purpose of the meeting. Upon such assent and in accordance therewith, the officers of the Association shall execute the necessary documents. The re -subdivision or adjustment of the boundary lines of the Common Area and the granting of easements by the Association shall not be deemed a transfer within the meaning of this Article; (f) the right of the Association to grant, with or without payment to the Association, licenses, rights -of -way, and easements through or over any portion of the Common Area. The forgoing shall not be construed however, to permit acquisition of or damage to any improvements, structures or installations located upon the Common Area without the payment of damages, including severance or resulting damages, if any, to the Association absent the Association's consent; (g) the right of the Association to lease the Common Area, provided however that such lease(s) must: Area; (i) be only to non-profit organizations; (ii) prohibit assignment and subleasing; (iii) require the prior, written approval of the Association of a lessee's uses of the Common Area and facilities, which must be in accordance with this Declaration; (iv) be consistent with the then -existing ordinances of the County; (v) be consistent with the open space designation of the Common (h) the right of the Declarant, or the Association to re -subdivide and/or adjust the boundary lines of the Common Area as they deem necessary for the orderly development of the subdivision; (i) the right of the Declarant or the Association to dedicate or convey any private streets or portions thereof to the Commonwealth of Virginia, Frederick County; or any other regulatory agency or their successors or assigns. Section 2. Delegation of Use. Any Member may delegate its right of enjoyment to the Common Area and facilities to the members of its immediate household, its tenants or contract purchasers who reside on the Member's Lot. However, by accepting a deed to such Lot, every Owner covenants that should the Owner desire to rent its Lot, the rental agreement shall contain specific conditions which require the tenant to abide by all Association covenants, rules and regulations, and any Owner desiring to rent a Lot further covenants that the tenant will be provided a complete set of all Association covenants, rules and regulations. ARTICLE V COVENANT FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant covenants, for each Lot owned, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other instrument of conveyance, is deemed to covenant and agree to pay to the Association: (a) Annual Assessments (as hereinafter defined) or charges, (b) Working Capital Assessment (as hereinafter defined) and (c) Special Assessments (as hereinafter defined) for capital improvements or other specified items, provided, however, as set forth in Section 7 herein, Lots owned by the Declarant shall be exempt from all Assessments. Such Assessments are to be established and collected as hereinafter provided. The Association's Annual and Special Assessments, together with interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each Assessment is made. Each such Assessment, together with interest, late fees, costs, and reasonable attorneys' fees, for the collection thereof, shall also be the personal obligation of the person or entity who was the Owner of such Lot at the time the Assessment fell due and shall not be the personal obligation of a successor in interest unless expressly assumed by such successor. The Annual and Special Assessments, when assessed for each year, shall become a lien on the Lot for the entire Annual or Special Assessment, but shall be payable upon resolution of the Board of Directors, in equal installments collected on a monthly, bi-monthly, quarterly, semi-annual or annual basis. Section 2. Purpose of Assessment. The Assessments levied by the Association shall be used to promote the recreation, health, safety and welfare of the residents and Owners of the Property, for the improvement, repair, and maintenance of the Common Area, including any storm water detention facilities, and drainage facilities, payment of taxes, construction of improvements and maintenance of services and facilities, and the maintenance of services devoted to these purposes or related to the use and enjoyment of the Common Area or other property, which the Association has the obligation to maintain, and for such other purposes as the Board of Directors may determine to be appropriate. Section 3. Establishment of Annual Assessment. (a) The Association must levy in each of its fiscal years an annual assessment (the "Annual Assessment") against each Lot which has been conveyed by the Declarant. The amount of such Annual Assessment shall be established by the Board of Directors, written notice of such shall be sent to every Owner at least thirty (30) days in advance of the commencement of each Annual Assessment period. The Annual Assessment shall become applicable to all Lots within a Section of the Property (as such Section is shown on a recorded subdivision plat) on the first day of the month following the first conveyance of the first Lot within that Section to an Owner who is not the Declarant. The first Annual Assessment shall be adjusted according to the number of months remaining in the calendar year. (b) The amount of the Annual Assessment shall be determined by the Board of Directors according to its estimate of the cost of providing services or rights -of -use which are common to all of the Lots. Until January 1 of the year immediately following conveyance of the first Lot to an owner other than the. Declarant, the initial Annual Assessment shall be $70.00 per month per lot. Section 4. Basis of Annual Assessment. The Board of Directors shall have the authority to set the Annual Assessment charges for each lot. Said Annual Assessment may be increased after the first year and each successive year thereafter by a rate that is consistent with the rise, if any, of the Consumer Price Index, published by the United States Department of Labor for the Washington, D.C. standard metropolitan area. In the event the increase in the Annual Assessment exceeds ten percent (10%) from the year preceding, then there will be required a vote by at least fifty percent (50%) of the votes of the Lot Owners who are present and voting at a meeting, which has been set forth for the purpose of increasing said Assessment. Notwithstanding what is stated above, any increase of ten percent (10%) or less shall require an affirmative vote of the Board of Directors to increase the Annual Assessment. There shall be no requirement that the Annual Assessment shall increase each year and the granting of the authority to the Board of Directors to increase the Annual Assessment shall in no way be deemed to be a mandatory obligation to increase said Assessment. Said meeting will be effective only if notice of the same was sent to the members (lot owners) not less than thirty (30) days and not more than sixty (60) days in advance of said meeting. Section 5. Special Assessment. In addition to the Annual Assessment 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, reconstruction, repair or replacement of capital improvements upon the Common Area, including the fixtures and personal property related thereto, or for any other specified purpose (the "Special Assessment"). The Special Assessment shall be levied against all of the Lots in each Section which benefit from the Special Assessment, pro rata according to each Section's benefit. The amount of the Special Assessment shall be the same for each Lot in any Section, but need not be uniform with the Special Assessment imposed on Lots in other Sections. Section 6. Working Capital Assessment. The Board shall determine and fix an amount, which shall be the Working Capital Assessment. The initial Working Capital Assessment shall be $100.00 per Lot. Payment of the initial Working Capital Assessment shall be due at settlement. Section 7. Rate of Assessment. The Annual Assessment shall be fixed at a uniform rate for all Lots, except for unoccupied Lots owned by the Declarant. The Special Assessment shall be fixed at a uniform rate for all Lots in a particular Section, except for unoccupied lots owned by the Declarant. The Declarant's Lots shall be exempt from all Assessments. Section 8. Notice of Assessment and Certificate. Written notice of the Annual Assessment shall be sent to every Member. The due dates for payment of the Annual Assessment 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 or authorized agent 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 9. Remedies of the Association In the Event of Default. If any Assessment pursuant to this Declaration is not paid within thirty (30) days after its due date, the Assessment shall bear interest at the rate of the prime interest rate, as stated in the Wall Street Journal, plus ten percent (10%) per annum from the date of delinquency, through the date of collection. In addition, in its discretion, the Association may: (a) impose a penalty or late charge as previously established by rule; (b) bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot, and interest, costs, and reasonable attorneys' fees of any such action shall be added to the amount of such Assessment. A suit to recover a money judgment for non-payment of any Assessment levied pursuant to this Declaration, or any installment thereof, may be maintained without perfecting, foreclosing or waiving the lien provided for herein to secure the same; (c) suspend a Member's voting rights, right to hold an office within the Association, and right to use recreational facilities or non -essential services offered by the Association to the extent that access and the provision of utilities to the Lot through the Common Area are not precluded. No Assessment shall be refunded in the event of suspension; and (d) accelerate the due date of the unpaid Assessment so that the entire balance shall become due, payable and collectible. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Area or facilities, abandonment of its Lot, or the failure of the Association or the Board of Directors to perform their duties. Section 10. Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein shall be subordinate to the lien of any properly recorded first trust or mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to a foreclosure of a first trust or mortgage, or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No such sale or transfer shall relieve such Lot from liability for any Assessments which thereafter become due or from the lien thereof. Section 11. Exempt Property. The following property subject to this Declaration shall be exempt from the Assessments created herein: (a) all property dedicated to and accepted by a local public authority; and (b) the Common Area; however, no land or improvements devoted to dwelling use shall be exempt from said Assessments except as stated in Section 7 above. Section 12. Reserves for Replacements. The Association shall establish and maintain a reserve fund for the maintenance, repair and replacement of the Common Area and improvements located thereon by the allocation and payment to such reserve fund of an amount to be designated from time to time by the Board of Directors, which reserve fund shall be sufficient, in the sole opinion of the Board of Directors, to accommodate such future maintenance, repair and replacement and which shall be a component of the Annual Assessment. Such fund shall be conclusively deemed to be a common expense of the Association and may be deposited with any banking institution, the accounts of which are insured by any state or by any agency of the United States of America or may, in the discretion of the Board of Directors, be invested in obligations of, or fully guaranteed as to principal by, the United States of America or the Commonwealth of Virginia. The reserve for replacement of the Common Area may be expended only for the purpose of effecting the replacement of the Common Area, major repairs to, replacement and maintenance of any improvements within the Common Area, including but not limited to sidewalks, parking areas, streets or roadways developed as a part of the Property, equipment replacement, and for start-up expenses and operating contingencies of a non -recurring nature relating to the Common Area. The Association may establish such other reserves for such other purposes as the Board of Directors may from time to time consider to be necessary or appropriate. The proportional interest of any Member in any such reserves shall be considered an appurtenance of the Member's Lot and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. ARTICLE VI RESTRICTIVE COVENANTS Section 1. The Property shall be used exclusively for residential and accessory purposes except as provided in Section 20 hereof. The Declarant reserves the right, for itself, pursuant to a recorded subdivision or re -subdivision plat, to alter, amend, and change any lot line or subdivision plan or plat. No building shall be erected, altered, placed or permitted to remain on any Lot other than one Dwelling Unit, garages and other approved appurtenant structures for use solely by the occupant of the Dwelling Unit. Section 2. No structure or addition to a structure shall be erected, placed, altered or externally improved on any Lot until the plans and specification, including design, elevation, material, shape, height, color and texture, and a site plan showing the location of all improvements with grading modifications, shall be filed with and approved in writing by the Architectural Review Board. "Structure" shall include, but not be limited to, any building or portion thereof, wall, deck, play equipment, greenhouse, skylight, solar panel, fence, pool, pavement, driveway, or appurtenances to any of the aforementioned. Section 3. No clothing, laundry or wash shall be aired or dried on any portion of the Property within public view. Section 4. No fence, wall, tree, hedge or shrub shall be maintained in such a manner as to obstruct sight lines for vehicular traffic. Section 5. Maintenance. The Association, by its Board of Directors, shall have the right to establish Rules and Regulations governing the maintenance of the Lots and Dwelling Units. Each Owner shall maintain its Lot and Dwelling Unit in a manner satisfactory to the Association and in accordance with the Declaration, Bylaws and rules and regulations of the Association and local law. In the event that a Lot or Unit is not so maintained, the Association shall have the right to enter upon the Lot or Unit to maintain the same, after giving the Owner at least fourteen (14) days written notice to cure any maintenance problems or deficiencies. In the event that the Association exercises its right of entry for maintenance purposes, the Association shall have the right to assess the particular Owner for the cost of such maintenance, including costs of collection, court costs and attorneys' fees. Section 6. An Owner shall, at all times, maintain its Lot and all appurtenances thereto in good repair and in a state of neat appearance. Except for flower gardens, shrubs and trees, which shall be neatly maintained, all open lot areas shall be maintained in lawns or other materials approved by the Architectural Review Board. All lawn areas shall be kept mowed and shall not be permitted to grow beyond a reasonable height. Except as required for proper sight lines, no tree of a diameter of more than four (4) inches measured two (2) feet above ground level shall be removed or planted without the approval of the Architectural Review Board. As stated above, the Association has the right to enter upon a Lot to maintain the same, after giving the Owner at least fourteen (14) days written notice to cure any maintenance problems or deficiencies. In the event that the Association exercises its right of entry for maintenance purposes, the Association shall have the right to assess the particular Owner for the cost of such maintenance, including costs of collection, court costs and attorneys' fees. Section 7. No noxious or offensive activity shall be carried on upon the Property, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood. No exterior lighting on a Lot shall be directed outside the boundaries of the Lot. Section 8. The only signs permitted on the Property shall be customary home and address signs and real estate sale or lease signs which have received the prior written approval of the Architectural Review Board ("Permitted Signs"). No more than one (1) Permitted Sign shall be displayed to public view on any Lot and must be less than or equal to four (4) square feet in total surface area and may not be illuminated. All Permitted Signs advertising a Lot for sale or rent shall be removed within three (3) days from the date of the conveyance of the Lot or of the execution of the lease agreement; as applicable. Section 9. No domesticated or wild animal shall be kept or maintained on any Lot, except for common household pets such as dogs and cats which may be kept or maintained, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding Lots or the neighborhood and are in compliance with applicable County ordinances. Law enforcement and animal control personnel shall have the right to enter the Property to enforce local animal control ordinances. Section 10. Trash shall be collected and stored in trash receptacles only and not in plastic bags. Trash and garbage receptacles shall not be permitted to remain in public view except on days of trash collection, except those receptacles designed for trash accumulation located in the Common Area. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on the exterior of any Dwelling Unit. Section 11. To the extent permitted by law, the following antenna are prohibited on a Lot: exterior antenna for the transmission of radio or television signals, exterior "dish" antenna for the reception of direct broadcast satellite service that are larger than one meter (39.37 inches) in diameter, and exterior antenna for receiving video programming services via wireless Cable that are larger than one meter (39.37 inches) in diameter or diagonal measurement. The Architectural Review Board may adopt further rules and regulations regarding location, placement and screening of exterior antenna and satellite "dish" antenna. Section 12. No person shall paint the exterior of any building or portion thereof, a color different than the original color of said building or portion thereof without the proposed color having been first approved in writing by the Architectural Review Board. Section 13. The exteriors of all structures, including, without limitation, walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of a structure shall not be permitted to remain in damaged condition for longer than three (3) months. Section 14. No fence or enclosure shall be erected or built on any Lot until first approved in writing by the Architectural Review Board as to location, height, material and design. No fence shall be allowed to be constructed to extend beyond the rear corner of the house and be installed any closer to any public street than the distance equal to the distance from the rear corner of the house to the public street and shall be of a type, which is attached and incorporated as Exhibit 1. Any fence or wall built on any Lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. Section 15. Unless housed inside the garage of the house, no inoperable, junk, unregistered, unlicensed or uninspected vehicles shall be kept on the Property. No portion of the Property shall be used for the repair of vehicles. Section 16. No commercial or industrial vehicles, such as, but not limited to moving vans, trucks, tractors, trailers, vans, wreckers, tow trucks, hearses and buses shall be regularly or habitually parked or parked overnight on the Property, except upon the prior written approval of the Architectural Review Hoard. Section 17. No recreational vehicles or equipment, such as but not limited to boats, boating equipment, travel trailers, camping vehicles or camping equipment shall be parked on the Property without the prior, written approval of the Architectural Review Board, as to location, size, screening and other relevant criteria. The Association shall not be required to provide a storage area for these vehicles. Section 18. The Board of Directors shall have the right to tow any vehicle parked or kept in violation of these covenants contained within this Article, upon twenty-four (24) hours' notice and at the vehicle owner's sole expense. Section 19. Any rental agreement for a Dwelling Unit must be for an initial period of at least six (6) months, must be in writing and must be subject to the rules and regulations set forth in this Declaration and in the other Association documents. Any failure by any tenant to comply with the terms of such documents shall be a default under the rental agreement. Section 20. The provisions of these Articles shall not apply to the development or construction of improvements on the Property by the Declarant or its respective assigns. The Declarant, or its respective assigns may, during its construction and/or sales period, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the Property and on or in any building or structure now or hereafter erected thereon. Section 21. The Association shall have the authority to adopt such rules and regulations regarding this Article as it may from time to time consider necessary or appropriate. Section 22. No garage may be converted into living space. ARTICLE VII ARCHITECTURAL REVIEW BOARD Section 1. Composition. The Architectural Review Board shall be comprised of three (3) or more members. Members shall serve staggered three (3) year terms as determined by the Board of Directors. As long as the Declarant owns any Lot within the Property, the Architectural Review Board shall consist of two (2) committees: the New Construction Committee and the Modification and Change Committee. When the Declarant no longer owns any Lots within the Property, the New Construction Committee shall be terminated. Section 2. Method of Selection. The Declarant shall appoint the members of the New Construction Committee. The Board of Directors shall appoint the members of the Modification and Change Committee. After the termination of the Class B membership, no member of the Modification and Change Committee may be a Director unless the member is a Class A member. Section 3. Removal and Vacancies. Members of the Modification and Change Committee of the Architectural Review Board may be removed by the Board of Directors with or without cause. Members of the New Construction Committee may be removed by the Declarant with or without cause. Appointments to fill vacancies in unexpired terms shall be made in the same manner as the original appointment. Section 4. Officers. At the first meeting of the Modification and Change Committee of the Architectural Review Board following each Annual Meeting of Members, the Modification and Change Committee shall elect from among themselves a chairman, a vice-chairman and a secretary who shall perform the usual duties of their respective offices. Section 5. Duties. The Committees of the Architectural Review Board shall regulate the external design and appearance of the Property and the external design, appearance and location of the improvements thereon in such a manner so as to preserve and enhance property values and to maintain harmonious relationships among structures and the natural vegetation and topography. During the period the Architectural Review Board is comprised of the two (2) committees described above, the New Construction Committee shall regulate all initial construction, development or improvements on the Property. The Modification and Change Committee shall regulate all modifications and changes to existing Lots and improvements on the Property. In furtherance thereof, the Architectural Review Board shall: (a) review and approve or disapprove written applications of Owners for alterations or additions to Lots; Directors; Directors; (b) periodically inspect the Property for compliance with the Board of (c) adopt architectural standards subject to the confirmation of the Board of (d) adopt procedures for the exercise of its duties; and (e) maintain complete and accurate records of all actions taken by the Architectural Review Board. Section 6. Failure to Act. In the event the Architectural Review Board fails to approve or disapprove a correctly filed application within forty-five (45) days of the receipt of the application sent by Registered Mail or Certified Mail - Return Receipt Requested, the application shall be deemed approved, unless the Architectural Review Board has notified the applicant that it requires additional time to evaluate the application.. Failure of the Architectural Review Board or the Board of Directors to enforce the architectural standards or to notify an Owner of noncompliance with architectural standards or to notify an Owner of noncompliance with architectural standards or approved plans for any period of time shall not constitute a waiver by the Architectural Review Board or the Board of Directors of the enforcement of this Declaration at any later date. Section 7. Enforcement. Any exterior addition, change or alteration made without application to, and approval of, the Architectural Review Board shall be deemed to be in violation of these covenants, and may be required by the Board of Directors to be restored to its original condition at the offending Owner's sole cost and expense. Section 8. Appeal. Any aggrieved party may appeal a decision of the Architectural Review Board to the Board of Directors by giving written notice of such appeal to the Association or any director within twenty (20) days of the adverse ruling. ARTICLE VIII EASEMENTS Section 1. The Declarant grants to, and the Association reserves for, the Association, a blanket easement for the Association's directors, officers, agents and employees, and for all police, fire, ambulance personnel and all similar persons, to enter upon the. Property in the exercise of the enforcement of the covenants contained herein and functions provided for by this Declaration, Articles of Incorporation, Bylaws and rules of the Association, and in the performance of government functions. Section 2. The rights accompanying the easements provided for in Section 1 of this Article shall be exercised only during reasonable daylight hours and then, whenever practicable, only after advance notice to, and with the permission of, any Owner or tenant directly affected when not an emergency situation or a government function. Section 3. Each Lot within the Property is declared to have an easement, not exceeding one (1) foot in width, over all adjoining Lots and Common Areas for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of a building, roof overhangs, gutters, architectural or other appendages, draining of rainwater from roofs, or any other similar matter. There shall be valid easements for the maintenance of said encroachments so long as such encroachments shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however that in no event shall a valid easement for encroachment be created in favor of an Owner if said encroachment occurred due to the willful misconduct of said Owner. In the event a structure on any Lot is partially or totally destroyed and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots shall be permitted and that there shall be valid easements for the maintenance of said encroachments as long as such encroachments shall exist. Section 4. The Declarant, and their agents and employees shall have a right of ingress and egress over the Common Area as required for construction and development of the Property. Section 5. There is reserved to the Declarant a fifteen (15) foot easement across the fronts and sides of all lots for the installation of utilities and a right to Declarant to grant non-exclusive easements over any Lot or Common Area for the purposes of installing, repairing and/or maintaining utility lines of any sort, including but not limited to storm drains and drainage swales, sanitary sewers, gas lines, electric lines and cables, water lines, telephone lines, telecommunication lines and cables, and the like, and for any purpose necessary for the Declarant or its assigns to obtain the release of any bonds posted with a municipality, governmental agency or regulatory agency, and non-exclusive easements over the Common Area to any municipal agency or private entity for any other purpose consistent with the "open space" designation thereof. This right to grant easements shall automatically expire as to any Lot or Common Area ten (10) years from the date of submission of such Lot or Common Area to this Declaration. Section 6. There is reserved to the Declarant a non-exclusive easement over all Lots and the Common Area for the purpose of correcting drainage, sidewalk installation, regrading, maintenance, landscaping, mowing, and erecting street intersection signs, directional signs, temporary promotional signs, entrance features, lights and wall features, and for the purpose of executing any of the powers, rights, or duties granted to or imposed on the Association herein. This easement shall automatically expire as to any Lot or Common Area ten (10) years from the date of submission of such Lot or Common area to this Declaration. Section 7. There is reserved to the Declarant an easement and the right to grant and reserve easements or to vacate or terminate easements across all lots and the Common Area as may be required by any governmental agency or authority or utility in connection with the release of improvement bonds or the acceptance of public streets fur state maintenance with respect to the Property. ARTICLE IX POWERS AND DUTIES OF THE ASSOCIATION Section 1. Discretionary Powers and Duties. The Board of Directors, on behalf of the Association, shall have the following powers and duties, which may be exercised in its discretion: (a) to enforce any covenants, rules, or restrictions which are imposed by, or adopted pursuant to, the terms of this Declaration or which may be imposed on any part of the Property. Nothing contained herein shall be deemed to prevent the Owner of any Lot from enforcing any building restriction in its own name. The right of enforcement shall not serve to prevent such changes, releases or modifications of the restriction or reservations placed upon any part of the Property by any party having the right to make such changes, releases or modifications in the deeds, contracts, declarations or plats in which such restrictions and reservations are set forth; and the right of enforcement shall not have the effect of preventing the assignment of those rights by the proper parties wherever and whenever such right of assignment exists. Neither the Association nor the Board of Directors shall have a duty to enforce the covenants, rules, or restrictions by an action at law or in equity if, in its or their opinion, such an enforcement is not in the Association's best interest. The expenses and costs of any enforcement proceedings shall be paid out of the general fund of the Association as herein provided for; provided, however, that the foregoing authorization to use the assessments for such enforcement proceedings shall not preclude the Association from collecting such costs from the offending Owner; (b) to provide such light as the Association may deem advisable on streets and the Common Area and to maintain any and all improvements, structures or facilities which may exist or be erected from time to time on the Common Area; (c) to build facilities upon the Common Area; (d) to use the Common Area and any improvements, structures or facilities erected thereon, subject to the general rules and regulations established and prescribed by the Association and subject to the establishment of charges for their use; (e) to mow and resow the grass and care for, spray, trim, protect, plant and replant trees and shrubs growing on the Common Area, pedestrian accesses and buffers, and to pick up and remove from the Common Area all loose material, rubbish, filth and accumulation of debris; and to do any other thing necessary or desirable in the judgment of the Association to keep the Common Area in neat appearance and in good order; (f) to exercise all rights, responsibilities and control over any easements which the Association may from time to time acquire, including, but not limited to, those easements specifically reserved to the Association in the Articles entitled "Easements" herein; (g) to create, grant and convey easements upon, across, over and under all Common Areas, including but not limited to, easements for the installation, replacement, repair and maintenance of utility lines serving the Property; (h) to create subsidiary corporations in accordance with Virginia Law; (i) to employ counsel and institute and prosecute such suits as the Association may deem necessary or advisable, and to defend suits brought against the Association; 0) to retain with compensation from time to time such agents, employees and contractors as the Association may deem necessary in order to exercise the powers, rights and privileges granted to it, and to make contracts; (k) to enter on any Lot to perform emergency repairs or to do other work reasonably necessary for the proper maintenance of the Property; (1) to enter (or have the Association's agents or employees enter) on any Lot to repair, maintain or restore the Lot, all improvements thereon, and the exterior of the Dwelling Unit and any other improvements located thereon if such is not performed by the Owner of the Lot, and to assess the Owner of the Lot the cost thereof, such assessment to be a lien upon the Lot equal in priority to the lien provided for in the Article entitled "Covenant for Maintenance Assessments" herein; provided, however, that the Board of Directors shall only exercise this right after giving the Owner written notice of its intent at least fourteen (14) days prior to such entry; (m) to re -subdivide and/or adjust the boundary lines of the Common Area but only to the extent such re -subdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Property; (n) to make and enforce rules and regulations governing the use of the Common Area and with respect to such other areas of responsibility assigned to it by this Declaration, except where expressly reserved herein to the Members. Such rules and regulations may grant to the Board of Directors the power to suspend a Member's right to use recreational facilities or non -essential services for non-payment of assessments and to assess charges against Members for violations of the provisions of the Declaration or rules and regulations, as provided for in the Virginia Property Owners Association Act; and (o) the management of the Association shall be at the discretion of the Board of Directors. The Board 'of Directors shall have the option to manage the Association itself or to employ a management company, provided the compensation of the management company be satisfied by the Assessment Income. Section 2. Mandatory Powers and Duties. The Association shall exercise the following powers, rights and duties: (a) to accept title to the Common Area and to hold and administer the Common Area for the benefit and enjoyment of the Owners and occupiers of Lots; (b) to transfer part of the Common Area to or at the direction of the Declarant for the purpose of adjusting boundary lines or otherwise in connection with the orderly subdivision or development of the Property, but only to the extent such re -subdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Property; (c) to obtain and maintain without interruption liability coverage for any claim against a director or officer for the exercise of its duties and fidelity coverage against dishonest acts on the part of directors, officers, trustees, managers, employees or agents responsible for handling funds collected and held for the benefit of the Association. The fidelity bond shall cover the maximum funds that will be in the custody of the Association or its management agent at any time while the bond is in place. The fidelity bond coverage shall, at a minimum, be equal to the sum of three (3) months' assessments of all Lots in the Property plus the Association's reserve funds, if any; (d) to obtain and maintain without interruption a comprehensive coverage of public liability and hazard insurance covering the Common Area and easements of -which the Association is a beneficiary, if available. Such insurance policy shall contain a severability of interest clause or endorsement which shall preclude the insurer from denying the claim of an Owner because of negligent acts of the Association or other Owners. The scope of coverage shall include all coverage in kinds and amounts commonly obtained with regard to projects similar in construction, location and use. Further, the public liability insurance must provide coverage of at least $1,000,000.00 for bodily injury and property damage for any single occurrence; (e) to provide for the maintenance of any and all (i) improvements, structures or facilities which may exist or be erected from time to time on the Common Area, including but not limited to, streetlights (including the payment of utility costs therefor), recreational facilities, entranceways and entrance areas, (ii) easement areas of which the Association is the beneficiary and for which it has the maintenance responsibility, (iii) facilities, including, but not limited to, fences and signs authorized by the Association and erected on any easements granted to the Association, and (iv) streetlights that may be constructed within the rights -of -way of any public streets within or adjacent to the Property and which the Commonwealth of Virginia or the County requires the Association to maintain (including the payment of utility costs therefor); (f) to pay all proper bills, taxes, charges and fees on a timely basis; and (g) to maintain its corporate status. ARTICLE X RIGHTS OF MORTGAGEES All Mortgagees shall have the following rights: Section 1. Notice. A Mortgagee shall be given written notification from the Association of the following: (a) any proposed action that would require the consent of a specified percentage of Mortgagees; (b) any default in the performance of any obligation under this Declaration or related Association documents by the Owner of a Lot that is the security for the indebtedness due the Mortgagee which is not cured within sixty (60) days after the Owner's receipt of notice of the default; (c) any condemnation or casualty loss that affects either a material portion of the Property or the Lot that is the security for the indebtedness due the Mortgagee; and (d) any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. Section 2. Unpaid Assessments. Any Mortgagee who obtains title to a Lot pursuant to the remedies provided in its mortgage or deed of trust, or foreclosure of the mortgage or deed of trust or deed in lieu of foreclosure will not be liable for such Lot's unpaid dues or charges which accrued prior to the acquisition of title to the Lot by the Mortgagee. Section 3. Books and Records. A Mortgagee shall have the right to examine the books and records of the Association during normal business hours and upon reasonable notice to the Association. Section 4. Notice. As outlined in later sections of this Article, Mortgagees shall have the right, upon request, to receive notice of (a) the decision of the Owners to abandon or terminate the Planned Unit Development (as defined by the Federal National Mortgage Association); (b) any material amendment to the Declaration, the Bylaws or the Articles of Incorporation; and (c) if professional management has been required by a Mortgagee, the decision of the Association to terminate such professional management and assume self -management. Section 5. Rights. Provided that improvements have been constructed in the Common Area and provided that a Mortgagee gives written notice to the Association that it has relied on the value of the improvements in making a loan on a portion or all of the Property, then such Mortgagee shall be further entitled to the following rights: (a) Subject to the right of the Declarant to annex additional areas as provided in the Article entitled "General Provisions" herein, unless at least sixty-seven percent (67%) of the Members, and Mortgagees representing at least fifty-one percent (51 %) of those Lots that are subject to mortgages or Deeds of Trust have given their prior written approval, the Association shall not: (i) fail to maintain fire and extended coverage insurance on insurable parts of the Common Area or other Association property on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value, based on current replacement costs, not including land value; (ii) use hazard insurance proceeds for losses to the Common Area or other Association property for other than repair, replacement or reconstruction of such property; (iii) add or amend any material provision of this Declaration or related Association documents concerning the following: (1) voting rights of any Member; (2) assessments, assessment liens, or subordination of such liens; (3) reserve for maintenance, repair and replacement of those parts of the Common Area that may be replaced or require maintenance on a periodic basis; (4) insurance or fidelity bond; (5) responsibility for maintenance and repair of the Property; (6) annexation or withdrawal of property to or from the Property (other than annexation of those properties referred to in the Article entitled "General Provisions" herein); (7) leasing of Dwelling Units; (8) imposition of any right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey its property; (9) a decision by the Association to establish self -management when professional management has been required previously by a Mortgagee; (10) restoration or repair of the Property after a hazard damage or partial condemnation; (11) reallocation of interests in the Common Area or rights to its use, except as provided in the Articles entitled "Voting Rights" and "Property Rights" herein; (12) converting Lots into Common Area or vice versa; (13) termination of the legal status of the Association after substantial destruction or condemnation of the subdivision occurs; and (14) any provisions that are for the express benefit of Mortgagees; (iv) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area. The re -subdivision and/or adjustment of boundary lines of the Common Area and the granting of easements by the Association shall not be deemed a transfer within the meaning of this clause; and (v) by act or omission, waive or abandon any scheme of regulations or their enforcement pertaining to the architectural design or the exterior appearance of Dwelling Units and their appurtenances, the exterior maintenance of Dwelling Units and their appurtenances, the maintenance of the Common Area, common fences and driveways and the upkeep of lawns and plantings in the Property. An addition or amendment to this Declaration or related Association documents shall not be considered material if it is for the purpose of correcting technical errors or for clarification only. A Mortgagee who receives a written request to approve additions or amendments who does not deliver or post to the requesting party a negative response within thirty (30) days of receipt of such request shall be deemed to have approved such request. (b) A Mortgagee may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon the lapse of a policy for such Common Area. The Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. (c) The assessments imposed by the Association shall include an adequate reserve fund for maintenance, repairs and replacements for those parts of the Common Area which may be replaced or require maintenance on a periodic basis. Such reserves shall be payable in regular installments rather than by Special Assessment. (d) In the event that there is a condemnation or destruction of the Common Area or other Association property, to the extent practicable, condemnation and insurance proceeds shall be used to repair or replace the condemned or destroyed property. (e) Should there be excess insurance or condemnation proceeds after the renovation, repair or reconstruction called for herein, such excess proceeds may be distributed equally to the Owners, apportioned equally by Lot, subject, however, to the priority of a Mortgagee with regard to the proceeds applicable to the Lot securing said Mortgagee and in accordance with Virginia law. (f) The Association must provide an audited financial statement for the preceding fiscal year to a Mortgagee upon its written request. (g) Eligible Mortgagees representing at least sixty-seven percent (67%) of the votes of the mortgaged Lots must consent to the termination of the legal status of the project for reasons other than substantial destruction or condemnation of the Property. (h) The Association shall cause the immediate repair, reconstruction or renovation of any damage to the Common Area unless a decision not to repair, reconstruct or renovate is approved by all Mortgagees. ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration or other Association documents unless such right is specifically limited. Failure by the Association or by any Owner to enforce any right, provision, covenant or condition which may be granted by this Declaration shall not constitute a waiver of the right of the Association or an Owner to enforce such right, provision, covenant or condition in the future. All rights, remedies and privileges granted to the Association or any Owner pursuant to any term, provision, covenant or condition of the Declaration shall be deemed to be cumulative, and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies nor shall it preclude the party exercising the same from exercising such privileges as may be granted to such party by this Declaration or at law or in equity. Section 2. Severability; Headings; Conflict. Invalidation of any one of the provisions of this Declaration by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. Titles of paragraphs are for convenience only and are not intended to limit or expand the covenants, rights or obligations expressed therein. In the case of any conflict between the Articles of Incorporation and this Declaration, the Articles of Incorporation shall control; in the case of any conflict between the Declaration and the Bylaws, the Bylaws shall control. Section 3. Duration; Amendment. The covenants and restrictions of this Declaration shall run with 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, unless such right is specifically limited, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods often (10) years each, unless amended in whole or in part with the assent of at least three -fourths (3/4) of the Members. Any amendment must be properly executed and acknowledged by the Association (in the manner required by law for the execution and acknowledgment of deeds) and recorded among the appropriate land records. Notwithstanding what is stated above, Declarant reserves unto itself, and each Owner by acceptance of a deed or other instrument of conveyance to any Lot agrees, that Declarant shall have the right to unilaterally amend this Declaration or any corporate document related to the Association for the earlier of (i) ten (10) years from the date of the recordation of this Declaration; or (ii) until Declarant has conveyed all Lots in the Subdivision to third parties other than third party entities controlled by the Declarant, or any person or persons who hold a controlling interest in the Declarant. Section 4. Special Amendment. Notwithstanding anything herein to the contrary, the Declarant may unilaterally amend this Declaration for any reason prior to the conveyance of the first Lot to an Owner other than the Declarant, and thereafter may make any amendment required by any of the federal mortgage agencies, such as the Veterans Administration, Federal Housing Administration, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, or by the Court as a condition of the approval of this Declaration, by the execution and recordation of such amendment following notice to all Members. Section 5. Waiver. The Declarant, as the present most interested party in maintaining the high quality of development which by these covenants is sought to be assured for the Property, hereby expressly reserves unto itself (as long as these restrictions are in effect) the unqualified right to waive or alter from time to time such of the herein contained restrictions as it may deem best, as to any one or more of the Lots, which waiver or alteration shall be evidenced by the mutual written consent of the Declarant and the then -Owner of the Lot as to which some or all of said restrictions are to be waived or altered; such written consent to be duly acknowledged and recorded among the land records of Frederick County, Virginia. Section 6. Annexation of Additional Property. The Association may annex additional areas and provide for maintenance, preservation and architectural control of Lots and Common Areas within such areas, and so may add to its membership under the provisions of the Article entitled "Membership" herein, with the written consent of at least sixty-seven percent (67%) of the Class A Members; provided, however, that no such consent is required for the annexation by the Declarant of all or any part of any real property acquired by Declarant as anticipated herein, or otherwise. Upon the Declarant's purchase of any Phases as set forth herein, said Phases and the Lots therein shall be automatically annexed within the Association, and subject to this Declaration. Any future improvements on the annexed property must be consistent with or better than the initial improvements on the Property in terms of quality, design and construction and comparable in style, size and cost. Section 7. Withdrawable Real Estate. (a) The Declarant shall have the unilateral right, without the consent of the Class A Members or any Mortgagee, to execute and record an amendment to this Declaration withdrawing any portion of the Property on which Dwelling Units have not been constructed; provided, however, that not more than five (5) years have lapsed since the date of the recordation of this Declaration. (b) Upon the dedication or the conveyance to any public entity or authority of any portion of the Property for public street purposes, this Declaration shall no longer be applicable to the land so dedicated or conveyed. Section 8. Management Contracts. For such time as the Declarant has Class B membership status, the Declarant shall have the right to enter into professional management contracts for the management of the Property for terms not to exceed one (1) year; provided, however, that the Association shall have the right to terminate such contracts upon sixty (60) days' written notice for cause, or upon ninety (90) days notice, without cause, to the other party and without payment of a termination fee. Section 9. Dissolution. The Association may be dissolved with the assent given in writing and signed by at least three -fourths (3/4) of each class of Members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association, both real and personal, shall be offered to an appropriate public agency to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by the Association. In the event that such offer of dedication is refused, such assets shall be then offered to be granted, conveyed or assigned to any and accepted by such non-profit corporation, trust or other organization devoted to similar purposes and in accordance with Virginia law. Any such dedication or transfer of the Common Area shall not be in conflict with the then -governing zoning ordinances or the designation of the Common Area as "open space". Section 10. FHA/VA Approval. If any of the Lots are security for a loan guaranteed or insured by VA or FRA, and if there is a Class B Member, the following actions will require the prior approval of the FHA or the VA: (a) annexation of additional properties, except the land described in the Section above entitled "Annexation of Additional Property"; (b) mergers, consolidations and dissolution of the Association; (c) mortgaging or conveyance of the Common Area; and (d) amendment of this Declaration. ARTICLE XII PARTY WALLS - PARTY WALLS AND FENCES Section 1. The general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto, except to the extent that such general rules of law have been modified in this Declaration. Section 2. Upkeep. The Owners served by a parry wall shall provide for the upkeep and maintenance of the party wall and shall share equally all of the cost and expense of its upkeep except as otherwise provided in this Article. If a party wall is destroyed or damaged by fire or other casualty, the Owners served by the party wall shall share equally the costs of the repair or relocation thereof except as otherwise provided in this Article. No Owner shall impair the structural integrity of any party wall or diminish the fire protection afforded by any party wall. Section 3. Cost of Upkeep, Repair or Restoration. The following procedures shall be followed in connection with the upkeep, repair or restoration of any party wall. (a) Notice to Other Owners. Any Owner served by the party wall shall notify the other Owner(s) served by the party wall of any proposal to maintain, repair or restore any party wall. If within ten (10) days after such notice (or in an emergency, within twenty-four (24) hours after such notice or a bona fide attempt to give such notice) the other Owner has not responded to the notice, then the Owner giving notice may proceed with the repairs. Such repairs must be substantially similar to the original construction and installation of the party wall and of first class quality, but may be made with contemporary materials. (b) Cooperative Action. If the other Owner served by the party wall responds to the notice, the Owners shall act together to maintain, repair or restore the party wall. The Owners shall attempt in good faith to agree upon the action to be taken. (c) Contribution of Cost. If any Owner maintains, repairs or restores a party wall in accordance with this Section, then the other Owner shall contribute one-half (1/2) of the cost thereof. An Owner may, however, demand a larger contribution from the other Owner or refuse to contribute one-half (1/2) of such costs, under any rule of law or equity regarding liability for negligent or willful acts or omissions. Any Owner's refusal to contribute one-half (1/2) of the costs of the maintenance, repair or restoration of a party wall shall be subject to arbitration. (d) Association Rights. To the extent that any failure to maintain, repair or restore a party wall affects the use and enjoyment of any Common Element, any Limited Common Element or appearance of the Property, the Association may participate in the maintenance, repair or restoration of the party wall and, in an emergency situation threatening life or property, may make such repair without notice to the Owners. The Association may assess the cost of such maintenance, repair or restoration against the Owners responsible for the damage or benefiting from the maintenance, repair or restoration pursuant to Article VII, §— S and 6 hereof Section 4. Liability. Any Owner, who by a negligent or willful act or omission, causes or permits a party wall to be damaged shall pay the cost of repairing or restoring such party wall to its condition prior to such damage. Section 5. Fences and Other Barriers. The provisions of this Article pertaining to party walls shall also govern any fence, other barrier or shared improvement originally installed by the Declarant (except for fences or barriers installed in connection with construction activities) and to any replacement thereof authorized by the Board of Directors or the Architectural Review Committee; otherwise, the upkeep of any fence, other barrier or improvement shall be the responsibility of the Owner installing such fence, barrier or improvement unless different arrangements are agreed to by the adjoining Owners. Section 6. Right to Contribution Runs With Land. Rights and duties of contribution set forth in this Article and any such rights and duties arising under the laws of Virginia shall run with the land and bind successors in interest. This Article shall not prejudice any right of a successor in interest to recover any amount from a predecessor in title for which such predecessor was liable. Any rights of contribution set forth in this Article shall constitute a lien in favor of any Owner entitled to contribution against any Owner obligated to pay such contribution. Until fully paid and satisfied, the lien shall apply to and encumber all of the Lots that were owned, as of the date when payment was due, by the Owner from whom payment was due, and shall also apply to and encumber any and all Lots thereafter acquired by that Owner from the time such Owner becomes the Owner thereof. The lien created by this Section shall be prior to all liens and encumbrances, except Mortgages, real estate taxes and other charges levied by governmental authority made superior as a matter of law, and the Association's lien established in Article S, § I hereof. (SIGNATURE PAGE FOLLOWS) WITNESSETH, the following signatures and seals: BROOKLAND MANOR, L.C. A Virginia limited liability company By: Its: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , TO WIT: (Seal) The foregoing instrument was acknowledged before me this day of August, 2008, by of Brookland Manor, L.C. My Commission expires: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , TO WIT: by Notary Public Registration No. BROOKLAND MANOR PROPERTY OWNERS' ASSOCIATION, INC. A Virginia Non -Stock Corporation By: Its: (Seal) The foregoing instrument was acknowledged before me this day of August, 2008, of Brookland Manor Property Owners' Association, Inc. Notary Public Registration No. My Commission expires: Scale: 1 "= 2000' Virginia Department o 7ronsportotion Wte cA("ON Fr lck County Soni otion Authorit Date Frederick County Sub ivi ion Administrator Date OWNER'S CERTIFICATE. The above and foregoing subdivision of BROOKLAND MANOR OUTLOT 1 as appears on the accompanying plat, is in accordance with the free consent and desires of the undersigned owner(s), proprietor(s) and trustee(s), if any. By. BROOKLA ANOR, L. C COMMONWEALTH OF VIRGINIA CITY / COUNTY OF erg THE F DOING IN RUM � T S CKNOW G�D BEFORE ME THIS DAY OF �.ly/1 e-' 200 f BY - - MY COMMISSION EXPIRES 031 —,all TkRW PUBLIC .3 %3 r3 ENGINEER'S CERTIFICATE: 1, David B. Weems, being a licensed professional engineer in the Commonwealth of Virginia, do hereby certify that, to the best of my knowledge and belief, the land contained in the subdivision shown herein is a portion of the property conveyed to Brooklond Manor, L.C., by deed dated August 17, 2005, recorded amongst the land records of Frederick County as Instrument Number 050018510. yTx of DAVID B. WEEMS, P.E. LIC. #022971 DAVID B. WEEMS Lic No. 022971 DATE: JULY 2007 I COVER SHEET I SHEET 1 OF 3 9 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com PLAT SHOWING SUDBIVISION OF LANDS OF BROOKLAND MANOR, L.C. OUTLOT 1 RED BUD DISTRICT FREDERICK COUNTY,VA. DRAFTED CLM PROJ. NO. 10008400 CHECKED DBW DWG. N0. RPA-685-LC RESIDUE TAX MAP #54-2-6 35' R GRAPHIC SCALE 0 25 50 100 25' REAR ( IN FEET ) YARD ►SETBACK 1 inch = 50 ft. TM 55C_5 BRENTyyppD _3_ W HOMEO 9A ASSOCIA 77ON NERS D.B. 6811674 ZONE: RP USE. OPEN SPACE 4n z•�,,, . _ _ CV I MI i Y �Cn \ Cn OU TLOT 1 0- 59,252 S.F. ``'' 0 N EX BLDG W o '7M AIN) Ln o 05'5 ' �� `�+ 26 0( z � U EX BROOKLAND LANE R/W RESERVATION (RTE 658) DB 377/591 EX- BROOKLAND LANE R (RTE 658) INST. #020011392 08'21'49"E 23.84, I' W W of CD Z Ln M 11 *04 S 35' 1 , CV _ --� RESID TAX MAP #54-2-6 0 -A Z m O Oar (S � Z ,4� oz� z o-A o e'S'O EX G BE EMOVED)� 6 EX BLDG TO BE REMOVED) DATE: JULY 2007 1 SCALE: 1" = 50' 1 SHEET 2 OF 3 1 • Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com 5a OB• 45P: DAVID B. WEEDS Lic N�22971 a C%1I46�� PLAT SHOWING SUDBIVISION OF `c3'sj LANDS OF 'N BROOKLAND MANOR, L.C. OUTLOTI DRAFTED CLM RED BUD DISTRICT PROJ. NO. FREDERICK COUNTY,VA. 10008400 CHECKED DBW DWG. NO. RPA-685-LC NOTES. 1. THE PROPERTY DELINEATED ON THIS PLAT IS DESIGNATED AS TAX MAP AMONGST THE LAND RECORDS OF FREDERICK COUNTY, VA. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE ALL EASEMENTS AND/OR ENCUMBRANCES MAY NOT BE SHOWN. 3. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY APPEARS TO BE SITUATE IN ZONE ,A6"— AREA OF 100 YEAR FLOODING, BASE ELEVATIONS & FLOOD HAZARDS DETERMINED & ZONE "C"— AREA OF MINIMAL FLOODING PER FEMA F.LR.M COMMUNTIY PANEL NO. 510063 0115B, DATED JULY 17, 1978. ACTUAL ELEVATION CAN ONLY BE DETERMINED BY A FLOOD ELEVATION CERTIFICATE. 4. THIS SURVEY PERFORMED BY DEWBERRY IN NOVEMBER/DECEMBER 2005, ENTITLED "PLAT OF RESURVEY, LANDS OF BROOKLAND MANOR, LC", INST.#060002565. 5. THE EXISTING RESIDENCE ON THIS PARCEL IS SERVED BY PUBLIC WATER AND SEWER. CURVE DATA RADIUS = 50.00' LENGTH = 63.39' TANGENT = 36.75' DELTA = 72'38'08" CHORD = 59.23' CH BEARING = S40'25'36"W AREA TABULATION ZONE: RP USE: RESIDENTIAL OLD: TM 54-2-6: TOTAL: NEW: RESIDUE (54-2-6): OUTLOT 1 TOTAL: 320,262.46 S.F. OR 7.35 AC. 320,262.46 S.F. OR 7.35 AC. 261,010.77 S.F. OR 5.99 AC. 59,251.69 S.F. OR 1.36 AC. 320,262.46 S.F. OR 7.35 AC. DATE: JULY 2007 1 NOTES I SHEET 3 OF 3 1 ff Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com PLAT SHOWING SUDBIVISION OF LANDS OF BROOKLAND MANOR, L.C. OUTLOT 1 RED BUD DISTRICT FREDERICK COUNTY,VA. ;0 0 AVID B. WEEMS Lic Nq. 022971 C: zf � lbv1 DRAFTED CLM PROJ. NO. 10008400 CHECKED DBW DWG. NO. RPA-685-LC c; 711- ���r1 I VICINITY MAP Scale: 1 "= 2000' rederick County Subdivision Administrator Date .-*Zzo�� 1 F )e Frederick County Sanitation Authority Date -5 Virginia Deportmen of nspor otion ate OWNER'S CERTIFICATE The above and foregoing subdivision of BROOKLAND MANOR PHASE I and Outlot 1 as appears on the accompanying plat, is in accordance with the free consent and desires of the undersigned owner(s), proprietor(S) and trustee(s), if any. BROOKLAND MANOR PHASE 1 OUTLOT 1 By. By- BROOKLAND MA L. C. BROOK D WANOR, L.C. COMMONWEAL T OF VIRGINIA� CITY / COUNTY OF .-(-e efj L THE FLEGgly1N TRU NT TWA ACKN( ff, GED BEFORE ME THIS 0- DAY OF �n�� 20097 BY- (ll a ((c>l. MY COMMISSION EXPIRES OTA Y PUBLIC Pj ENGINEER'S CERTIFICATE 1, David B. Weems, being a licensed professional engineer in the Commonwealth of Virginia, do hereby certify that, to the best of my knowledge and belief, the land contained in the subdivision shown herein is a portion of the property conveyed to Brooklond Manor, L.C., by deed dated May 15, 2004, recorded amongst the land records of Frederick County as Instrument Number 040008784 and by deed dated August 17, 2005, recorded amongst the land records of Frederick County as Instrument Number 050018510. 1 �: J> 47 � I � 1 6H OF D � 1 o G'r DAVID B. WEEMS, P.E. LIC. #022971 " DAVID B. WEEMS Lic. No. 022971 DATE: JULY 2007 COVER SHEET SHEET 1 OF 90 FINAL PLAT OF SUBDIVISION Dewberry BROOKLAND MANOR PH. 1 SIONAL Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 DRAFTED CHECKED Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICKCOUNTY,VA. PROJ. NO. DWG. NO. www.dewberry.com 10008400 RPA-684-LC STORM 1A 6RESS/ N F SEWER ESMT. ,�ZO 546 3 2 57A 5 EGRESS ESMT OAKCREST PROPERTIES, INC. PARCEL A3g�'24" r ; INST 1 010008968 - - 84 877 S.F. ONE: RP N 05'54' W 104.63 O - 1T, USE: OPEN SPACE 2p, LOT 13S©4'C7" LOT 36 LOT 37 - - LOT 38 I LOT 39 - - LOT 40 O in > LOT 41 0 m 0 ^ 3,289 S.F. r7 - 104.36'� .'1`L L68 o S 05'S4'i 7" E n LOT 12 ti L70 J N 2,034 S.F. _ LOT 24 0 N 05'54' 7'_ W 100.09, o J LOT 1130' C° 20' PARKING cv 2,000 S.F. z Y SETBACK 0 S 05'54' 7" E 100.00' a m o LOT 10 ' 00 . w cv 2,000 S.F. w (n LOT 23 w 0 N 05'54'27" W �z� LOT 22 LOT 900' 2,000 S.F. �o &WATER FCSA SEWER ESMT. cv .-- - - `n S 05'54' 7" E 100.00' 0 LOT 8 l `Q LOT 21 `-i (n Nz 0 3,000 S.F. 0 z L53 L8 N 05'54'27' W 100.00' N 4.877 S.F. PROP.CURB -' cv 20' 00 - - - Ln 50' REAR S 05'54'27' E 100.00' 0 PERIMETER YARD u-) p LOT 7 yl SETBACK Ij 0 3,000 S.F. 20 LD TO M L52 LL rill a- LOT 42 (D w LOT 43 LOT 44 I LOT 45 LOT 46 - - LOT 47 I� r) LOr� , ."" SEWER ESMT. 100.00, A J o N 05'54'2 W LOT 6 0 0 2,000 S.F. oN YQ � U) LOT 19 00 S 05'54'27" E 0 0 _ ' LOT 5 �—' 2,000 S.F. o z Y — — 0 .�' -a 0 N N 4, " W— ,� f�l © .��;&EQI LOT 18 �m Q s 0 LOT 4 0 0 N2,000 -- S.F. ' ;Z - LOT 17 LioN S 05'54'2 E100,00,0 a 0 3::2 ` 0 0 LOT 3 ' 2,000 S.F. -: LOT 16 o� r7 w N 05'54'27" W_ LO - FCSA 30' SEWER 0 LOT 2 J �' ' & WATER ESMT. 0 oN 2,000 S.F. m1.299 ACS. w 0 S 05'54'2 " E "z LOT 15 I �" _o - 20' - - INGRESS/EGRESS ESMT � z LOT 1 � o 0 3,000 S.F. 00 L44 I L50 LOT 14 N/F z 35 R/W SETBACK ', 54B 3 2 57A o o N 05'54'27" W 100.00' J PARCEL A OAKCREST PROPERTIES, INC. � I� PARCEL A 84,877 S.F. L1 25 84,877 S.F. INST # 010008968 �,, -- ZONE: RP USE: OPEN SPACE GRAPHIC SCALE C4 ;n C5 �33.26 = L46 i 416.67' 0 10 40 so 10' GAS 2--- :)j L76 - -' 30' EASEMENT ,����` 30' 18,810 S.F. HEREBY DEDICATED ( IN FEET) - FOR PUBLIC RIGHT-OF-WAY _ 1 inch = 40 ft. N 05'59'08" W 494.03' EX. BROOKLAND LANE R/W (30') 30' INST. #020011392 or� N/FG, 541 7 1 90A WINDSTONE HOMEOWNERS 'r EX WINDSTONE SUBDIVISION ASSOCIATION, INC. 9 INST # 020021380 DAVID B. WEE" ZONE: RP USE: OPEN SPACE LIC. N 22971 DATE: JULY 2007 SCALE: 1" = 40' SHEET 2 OF 9j f Jot Dewberry FINAL PLAT OF SUBDIVISION`SIONAL� BROOKLAND MANOR PH. 1 Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. DRAFTED CHECKED Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICK COUNTY,VA. PROJ. NO. DWG. NO. www.dewberry.com 10008400 RPA-684-LC ic. I� IN 100 _�� ► BRENTWOO N 55C5F D HOME-3-89A GRAPHIC 0 SCALE 80 _ _ L3 D. g, 81/6R4 ASSOC/AT/ON ZONE. RP L4 USE: OPEN SPACE ( IN FEET) $ _ 1 inch = 40 ft. c09� STORM Cl5 1`LL56 SEWER ESMT. zSF • B '��G ., ' QP�'i� C �5S''�✓� C X S 05'54'27" E 104.63 LOT 13 Q' L68 70' ,A41�11 }! L61� t — — co. J cD ' QACi', ;v c j LOT 1 S 05'54'27" E 5 VC(8 ✓ " Z' " — — I Ir; J L, 0V):I oC 0z Ui4' (o00 d-lin Iq IM I� w Q 00 ~ O o ;t 0 00 0 z o w� 0 IQ law M in 0 00 z • • e rr• ,y�2,645 LOT 2 S.F • •• •• • • RESIDUE • •54 • • , • FRONT •SETBACK • i' ••• S.F. STORM SEWER ESMT. • • • • • •to LOT 8�� 1 • • • at • •`3000 SF 00 • • • �e S 05.54 27 E 10-0. 00' LOT 7 LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 FCSA 30' SEWER ] & WATER ESMT. LOT 1 INGRESS/ EGRESS ESMT N 05'54'27" W 100.00' \ r- I� L21� LOT 20 L52 0 0 . �. N06'48'19W 3,000 S.F. o a 123.15 � N r7 05'54'27" W 100.00' — LOT 19 0 0 .0. 7 2,000 S.F. 0 : o: zYS 05'54'27" E 100.00' N �m� — — LOT 18 0 w 2,000 S.F. o ON NN 05'54'27" W 100.00' N 4= RESIDUE — —LOT 17 0 J 2,000 S.F. o TAX MAP # S 05'54'27" E 100.00' 54-2-5 LOT 16 0 3 10,248 S.F. o , 2,000 S.F. o (FUT PHASE 2) — — N 05'54'27" W 100.00' ND. M LOT 15 0 2,000 S.F. 0 k S 05'54'27" E lnn.00 c,4 PARCEL AX 84,877 S.F. CNA C5 _ 10' GAS VDOT SWLK - L76 EASEMENT MAINT. ESMT. 1,527 S.F. LOT 14 3,000 S.F J N 05'54' PAC A00.0 N 84,877 S.F. 18,810 S.F. HEREBY DEDICATED FOR PUBLIC RIGHT-OF-WAY DATE: JULY 2007 SCALE: 1" = 40' 1 SHEET 3 OF 9 FINAL PLAT OF SUBDIVISION ft Dewberry BROOKLAND MANOR PH. 1 Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT Fax 703.771.4091 FREDERICK COUNTY,VA. www.dewberry.com 0 10' 10' GAS o EASEMENT AVID f. %WEEMS Lic No. T2971 DRAFTED CLM PROD. NO. 10008400 CHECKED DBW DWG. NO. RPA-684-LC N84'04'48"E r l I I l I I r0 0 OD 1 0 I r 0 r 0 O I I (A O � N r � . TORM V) SEWER ESMT w U O O O W O Of O OD N I N I N I O N S I L69 N I w W 00 Z L67 16.50;. n L= 2 71.11 ' o -=.:7. S84'05'33"W 96.50' Z O N 10' GAS v' r rnCn a, EASEMENT \ o RESIDUE w TAX MAP #54-2-5 6,178 S.F. (FUT PHASE 2) G) of L58 O L4 L N84'0_5'33"E RESIDUE 96.50' LA Lo Lo TAX MAP #54-2-6 Ln ��` �! 3,467 S.F. (FUT PHASE 2) C10--� , 433.24' STORM SEWER ESM 1 PARCEL A 1 84,877 S.F. 1 O PARCEL A o 84,877 S.F. N to Q M O t Q ,e rn Q W 0- \0- LO Lu Lr.l x r=X m \ 24V GRAPHIC SCALE i 1 0 10 40 80 3 0 ( IN FEET ) 1 inch = 40 ft. N ;n 0 INGRESS/EGRESS ESMT o _ Z L59 C12 o j0. RESIDUE STORM o � cPr'S7. TAX MAP #54-2-6 SEWER ESMTP 14,278 S.F. rn y (FUT PHASE 2) m DATE: JULY 2007 SCALE: 1" = 40' SHEET 4 OF 9 FINAL PLAT OF SUBDIVISION Dewberry BROOKLAND MANOR PH. 1 Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT Fax 703.771.4091 FREDERICK COUNTY,VA. www.dewberry.com �I DAVID B. WEEMS Lic No. 0 2971 DRAFTED CHECKED CLM DBW PROJ. NO. DWG. NO. 10008400 RPA-684-WIN BRENTW00 TM 55C-5- PARCEL A HOMEOWNERS A 84,877 S.F. L56 "°�,�,�„ C B. 6811674 ASSOCIATION 84, ZONE. x . S0352'4,9" USE; OP RP SE E EST EN kNS,' vV 639.52. SPACE ' CS SEWER 10 y & WATE�Z ` ESMT, L39;, --1' . " ��.� S05'54'27"W _:100.46' - � L61 L57 66 r 98.52 �SO5-54'27" E 64.01' 34.51' = 16.50' C10 t N LO tD N (D N W � I Q 5' j6N= W I W N UJ�vi= o na 00 o va co Lo Z Q 00 1: Z (-L70 2 w RESIDUE o TAX MAP #54-2-6 I 10> � 14,278 S.F. Lo (FUT PHASE 2) LO 00 o6 Z M FCSA SEWER LO & WATER ESMT o 00 12 0.�� STORM SEWER ESMT N05'54'27"W 88.36' A�j L62 - - L31� 1 N06'48'19"W Q � �. 123.15' L 10' GAS r INGRESS/EGRESS ESMT v ^ Y b EASEMENT I 00 a a p I 10' GAS 40' N RESIDUE p EASEMENT : o r TAX MAP N o o #54-2-5 I W f` . p I rn Cn N 10,248 S.F. �I ti ¢ -1 5' : o 0 J (FUT PHASE 2) w vi = RESIDUE ON�- qh TAX MAP #54-2-6 01 z00 10' 00a ,S.F.o 3 Li (FUT PHASE 2)00 - Z X J in I O ~ p 00 FCSA SEWER SEE DETAIL, 00DD N I Z & WATER ESMT. SHEET 8 OF 9 I: 10' GAS L23 0O ESMT { N05'54'27"W 64.07' N05'54'27"W 100.00' : 00011 PARCEL A N PARCEL A 84,877 S.F. j° Q 84, 877 S. F. - n J �. STORM SEWER ESMT Q L — 2-3 —1- 0 q p :J > Tr ' J. S 05'59'08" E 416.67' L=15.09' — 76.04' _ VDOT SIDEWALK 18 810 SF HEREBY DEDICATED MAINT. EASEMENT ' FOR PUBLIC RIGHT-OF-WAY 30 N 05'59'08" W 494.03' N05.59'08"W 177.03' GRAPHIC SCALE 0 10 40 80 EX. BROOKLAND LANE R/W (30 30' INST. #020011392 IN ET FE 40� 1 inch ft. DATE: JULY 2007 SCALE: 1" = 40' SHEET 5 OF 9 ft Dewberry FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PH. 1 Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT Fax 703.771.4091 FREDERICK COUNTY,VA. www.dewberry.com . //z VAVID B. WEEMS 9 Lic No.. 022971 C:�1L�10 DRAFTED CHECKED CLM DBW PROD. NO. DWG. N0. 10008400 RPA-684-LC —war aft." GRAPHIC SCALE 755,:z PARCEL 4"w o io ao so 84,877 S.F. - 639.52' S05'54'27"W - 100.46' �,' �T 16 ( IN FEET ) 20.00'1-, � '' >j 1 inch = 40 ft. � o ESMT 2 2v�R AR yO ARD I$ETSACK `0' - co N N I' 04 � '�� �' V, i s- LLI V5 0 n v \ �� o 4h CO00 a 05 o Zn W Q N x U) NZ�� u; � Z r car \tSCpO�� LCnOO \ ,I ` \ \� \�.. Ci� Q 9 S06'48 1E �, �� o �� 'z-° 0 a 89.3 7 -A o - � Z L31 `�� �s CP QW o �op� OUTLOT 1 �y p 1 w f-n 59,252 S.F. w N N w, N Q Lr)o N 35' ING/EGR o a o ESMT SETBACK 0 w Q 00 Z 4/ Os, W co v 1 }7. r7 i L85 89 1. 10 -It �� \.L90 �RCEL B 138,2\ S.F. 00 I Z 1 FCSA SEWER & \-91 WATEF ESMT 1 \ CO Y /v 100.00 . o O ;S'00 `0 SFTgq W w i m w LO� N05'54'27"W 81.96' PARCEL A 84,877 S.F. Ck A,88j, ��. 'N in pN 00 ��w Z N26'58'26"E - 21.48' $�°` M w � (, Co FCSA SEWER & WATER ESMT 5 18,810 S.F. HEREBY o n� O� RESIDUE w - DEDICATED FOR P -5UBLIC o TAX MAP #54-2-6 RIGHT-OF-WAY 0 J 9,895 S.F. LO N05'59'08"W N84'05'33"E 177.03 \&o i (FUT PHASE 3) 0 w : NGRESS/EGRESS ESMT - : p 't 00 Z 720.00' / \ L107 BROOKLAND w s N05'54'27"100.00 W < - tiTg OF LANE YW �s 4 „� 6 ' INS io W /''27"1N L151 20011392 P z 0 �� 05.54 �"w DAVID B. WEEMS 0.00 Lic No. 022971 DATE: JULY 2007 SCALE: 1 = 40' SHEET 6 OF 9�1���� FINAL PLAT OF SUBDIVISION ft Dewberry BROOKLAND MANOR PH. 1SIONAL Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 DRAFTED CHECKED Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICK COUNTY,VA. PROJ. NO. DWG. NO. www.dewberry.com 10008400 RPA-684-LC N FREDERICK DEVELOPMENT CO., INC. 59,252 S.F. 35' ING/EG\ESMT INST. NO. 050000699 � INST.# SETBA K,.,e� j ZONE: RP a $ USE. VACANT N2�°e., s\a��c� GRAPHIC SCALE 0 30 60 120 S84'05'33"W is I} N05'54'27" L 0 � N 26.00' L85 / <�� �� ( IN FEET ) b L84 �,� $� 9/ S26 p 1 inch = 60 f . a� I STORM 146 1 9 �2659 ,3Q0�36•�L SEWER ESM - 00�� 2j�86� S• N60, �p� pp. 81.96' tk 1 AS,, N05'54'27"yy \ PARCEL B !y \138,262 S.F. J o NN I1 ES 00 J ? s? 455 pG. 58 00 r7 18,810 Ln � iho- FCSA SEWER & �� : oo �� \ �-' J S.F. HEREBY -� WATER ESMT�� DEDICATED FO °b �00,n C> yj P RHn00 ooRESIDUE RIGHT --OF- MAP WAY L107 TAX 9 895 S.F-6 0 I Y, ,� z (FUT PHASE 3) : ,* o P�y� 0' 10' GAS 0 1�C'; 0 J /4 123 7 0 4 2 W 100.00 ESMT \ L151 5 �r 152 .0 ohm 05'54'2w 7"E '00 100.00 ' t v Ci INGRESS/ 40' M b � w ^ v0 �P�o°o 00 f l EGRESS ESMT o M Q Q�o�. / /PARCEL B 1:RESIDUE o N o A, / 8.262 S.F. d TAX MAP #54-2-6 o� J } �e� 18,000 S.F. Z I::1 `` /�'0) (FUT PHASE 3) RESIDUE z /� Q S84'05'33"W !� TAX MAP #54-2-6 Q`�ti� / 61.00' 18,000 S.F. / � � o (FUT PHASE 3 0 10' GAS / 'nl o o FCSA SEWER M 00 ESM'T 00 & WATER ESMT co 5 z06 00 STORM SEWER 10 ESMT. N05'54' » W P V,20.00' z jp100. S05'54'27"E �,9g 100.00' 11 1, L150 eJ N431845"W O 26.74'(TIE) 1t ,r� Lfs"�o Ac1ua� �F'5��,��y�P�p �o `QR tT ER SIDE OF T S HE �O\P 2� l� 'AN (AS CONSTRUCTED) o, O PQ` \C2 ,off PooyF�o09 (z�,P G ?r�-o o'ro�vlv�C� qo ohs ��s yo�OF°; � GQ- �Q.,�O QQ'\Q• 00 � Q G �• �. 000��\O HERITAGE HILLS / �,�3� PAULC pG. EVES 5,'pH SR %y 9 TM 54H-21A-99O i o,I,�\9 cy� D.B. 879 PG. 1805 ZONE: RP USE: RESIDENTIAL DAVID B. WEEMS 9 Lic N 022971 DATE: JULY 2007 SCALE: 1" = 60' SHEET 7 OF 9 "� 131A FINAL PLAT OF SUBDIVISION ff Dewberry BROOKLAND MANOR PH. 1SIrnvAL Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 DRAFTED CHECKED Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICK COUNTY,VA. PROJ. NO. DWG. NO. www.dewberry.com 10008400 RPA-684-LC NOTES. 1. THIS SURVEY IS BASED ON THE FOLLOWING PLATS OR DEEDS OF RECORD FOUND IN THE CLERKS OFFICE OF THE CIRCUIT COURT OF FREDERICK COUNTY, VA.: A. DB 377/591—"FINAL PLAT OF BROOKLAND HEIGHTS", BY RICHARD U. GOODE CLS, DATED MAY 15, 1971. B. DB 879/1274— PLAT ENTITLED "BOUNDARY SURVEY ON LOT 19 BROOKLAND HEIGHTS', BY SIGMA CONSULTANTS, DATED MARCH 29,1997. C. INST. # 050000698— PLAT ENTITLED "BOUNDARY SURVEY OF THE PROPERTY OF JAMES L. BOWMAN & FREDERICK DEVELOPMENT CO., INC., BY PHR & A, DATED JANUARY 5, 2005. 3. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE ALL EASEMENTS AND/OR ENCUMBRANCES MAY NOT BE SHOWN. 4. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY APPEARS TO BE SITUATE IN ZONE "A6"— AREA OF 100 YEAR FLOODING, BASE ELEVATIONS & FLOOD HAZARDS DETERMINED & ZONE "C"— AREA OF MINIMAL FLOODING PER FEMA F.I.R.M COMMUNTIY PANEL NO. 510063 0115B, DATED JULY 17, 1978. ACTUAL ELEVATION CAN ONLY BE DETERMINED BY A FLOOD ELEVATION CERTIFICATE. 5. THIS SURVEY PERFORMED BY DEWBERRY IN NOVEMBER/DECEMBER 2005, ENTITLED "PLAT OF RESURVEY, LANDS OF BROOKLAND MANOR, LC'; INST.#060002565. 6. PARCELS A AND B ARE OPEN SPACE PARCELS. AREA TABULATION ZONE: RP USE: RESIDENTIAL OLD: RESIDUE (54-2-5): RESIDUE (54-2-6): TOTAL: 138,723.94 S.F. OR 3.18 AC. 261,010.77 S.F. OR 5.99 AC. 399,734.70 S.F. OR 9.18 AC. / .Oh W^ S05.54'27"E 20.00'— NEW: R/W DEDICATION: LOT AREA: PARCEL A: PARCEL B: RESIDUE (54-2-5): RESIDUE (54-2-6): S05'59'08"E 6 VDOT SIDEWALK MAINT. EASEMENT DETAIL 1"=25' TOTAL: —STORM SEWER ESMT 53.42' — 18,810.35 S.F. OR 0.43 AC. 55,967.66 S.F. OR 1.28 AC. 84,876.50 S.F. OR 1.95 AC. 138,261.86 S.F. OR 3.17 AC. 16,426.46 S.F. OR 0.38 AC. 85,391.85 S.F. OR 1.96 AC. 399,734.70 S.F. OR 9.18 AC. DATE: JULY 2007 I NOTES I SHEET 8 OF 9 1 9 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PH. 1 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTY,VA. 4 A DAVID B. WEEMS Lic No. 022971 o" c� I �lcl '40 DRAFTED CHECKED CLM DBW PROJ. NO. DWG. NO. 10008400 RPA-684-LC CURVE TABLE CURVE RADIUS LENGTH rrANGENT CHORD I CHD. BRG. DELTA C1 65.50' 3.50' 1.75' 3.50' S 85'37'18"W 3'03'31" C2 65.50' 20.54' 10.35' 20.46' N83'51'56"W 17'57'59" C3 65.50' 22.33' 11.27' 22.22' N65'06'57"W 1931'59" C4 1030.00' 39.46' 19.73' 39.46' N04'50'39"W 02"11'42" C5 970.00' 37.90' 18.95' 37.90' SO4'51'58"E 02"14'20" C6 65.50' 10.93' 5.48' 10.92' N84'02'30"W 9'33'49" C7 65.50' 13.98' 7.02 13.96' N57'04'48'W 12*13'50' C8 90.00' 80.20' 42.98' 77.57' N31'26'11"W 51'03'27" C9 50.00' 78.54' 50.00' 70.71' N50'54'27"W 90'00'00" C10 34.50' 10.15' 5.11' 10.11' S75'40'04"W 16'50'57" C11 50.00' 78.54' 50.00' 70.71' S39'05'33"W 90'00'00" C12 ' 44. 1' 43.26' S64'48'43"W 38'33'40" C13 50.00' 1 7. .4 ' 100.00' N84'05'49" 180*08-01" C14 34.50' 1 .1 .11' 10.11' N87'28'5"W 16'50'57" C15 173.00' 63.92' 32.33' 63.56' SO4'40'39"W 21*10'14* C16 1 7' 56.73' N06-33.07"E 16'38' 0" C17 173.00' 61.43' 31.04' 61.10' SO4'15'51"W 20'20'37" LINE TABLE LINE LENGTH BEARING L1 L2 L3 L4 LS L6 35.50' S77'03'34'W L7 20.00' N85'01'44"W L8 127.80' N04'58'16"W L9 74.13' S8737'44"W L10 20.00' S02'22'16"E L11 50.93' S87'37'44"W L12 79.91' S75'44'09"W L13 19.68' N4656'59"W L14 59.34' S34'29'53"E L15 34.57' N40'17'11"W L16 15.88' S03'52'48"W L17 8.94' S47'45'45"W L18 46.68' S40'17'11"E L19 60.14' N3437'42"W L20 14.52' S49'19'51"E L21 128.12' N0458'16"W L22 148.46' N84'05'33"E L23 21.76' S05'41'54"E L24 20.13' S8254'21"W L25 21.35' S06'00'34"E L26 11.00' N84'05'33"E L27 20.00' N05'59'08'W L28 45.94' N84'05'33"E L29 10.00' N05'54'27"W L30 133.50' N84'05'33"E L31 126.82' N05'54'27'W L32 140.06' N63'29'07'W L33 23.72' S59'01'44"W L34 147.74' N63'29'07"W L35 112.66' N05'54'27"W L37 L38 47.00' S39'05'33"W L39 182.77' S0554'27"E L40 24.41' S50'54'27"E L41 12.06' S39'05'33'W L42 18.30' S71 *13'39"E L43 259.08' N84'05'33"E L44 10.00' N05'54'27"W L45 31.78' N84'05'33"E L46 20.00' N05'59'08"W L47 7.62' N84'05'33"E L48 13.27' N06'05'48"W L49 20.00' N83'54'12'E L50 13.21' N06'05'48"W LINE TABLE LINE LENGTH BEARING L51 256.50' N84'05'33" E L52 95.91' S84'05'33"W L53 31.24' S39'05'33"W L54 32.04' N61'09'57"W L55 313.07' N84'05'33"E L56 141.00' S05'54'27"E L57 20.00' S06'07'01"E L58 15.16' N83'52'59"E L59 94.39' S05'54'27"E L60 280.00' S84'05'33"W L61 39.00' N05'54'27"W L62 211.00' N05'54'27"W L63 258.83' N84'05'33"E L64 40.81' N3646'46"E L65 20.00' S84'05'33"W L66 63.00' N05'54'27"W L67 20.00' N84'05'33"E L68 30.00' S05'54'27"E L69 15.07' N83'52'59"E L70 20.00' S06'07'01"E L71 15.14' N83'52'59"E L72 32.12' S50'54'27"E L73 95.29' N84'05'33"E L74 152.14' N84'05'33"E L75 31.90' S49'22'06"W L76 76.43' N05'59'08"W L77 40.6 '1 '43"W L78 1 6. ' S7 ' 5'21"E L79 11 . 7'31"E L80 20.04' S6347'11 "W L81 102.70' S29'37'31"E L82 166.46' S78'05'21 "E L83 68.10' S09'15'43"W L84 20.00' S51'43'52"E L85 26.31' N39'05'33"E L86 29.77' N84'05'33"E L87 67.62' N53'46'22"W L88 16.46' S31*17'12"E L89 12.89' S59'01'44"W L90 7.55' S39'10'59'W L91 14.94' S31"17'12"E L92 70.8 ' N53'46'22"W L93 303.9 ' N84'05'33"E L94 34.30' S39'78'06"W L95 20.00' N50'41'54"W L96 56.74' S39'1856W L97 342.38' N84'05'33"E L98 20.00' S54'20'45"W L99 103.52' S35'39'15"E L100 52.28' S2633'49"W LINE TABLE LINE LENGTH BEARING L701 37.64' S3433'39'E L702 20.00' N55'26'21"E L103 49.45' S34'33'39"E L704 52.02' S2633'49"W L105 91.45' S35'39'15'E L106 23.84' S08'21'49'W L107 39.94' S11'04'28"E L108 112.43' N84'05'33"E L109 35.00' S0554'27"E L110 323.85' S84'05'33"W L111 81.00, N0554'27"W L112 25.00' S0554'27"E L113 30.00' S84'05'33"W L114 23.00' N05'54'27'W L115 32.53' N50'54'27"W L716 35.50' S84'05'33"W L117 59.50' N05'54 27 W L118 91.50 N84'05'33"E 1-719 19.50' S05'54'27"E L120 2.64' S46'53'54"E L121 167.27' S84'05'33"W L122 21.04' N39'12'28"E L123 36.28' S52'30'53"W L724 25.00' S05'54'27"E L125 30.00' S84'05'33"W L126 23.00' N0554'27'W L127 32.53' N50'54'27'W L128 15.00' N84'05'33"E L129 100.00' S05'54'27"E L730 14.88' S84'05'33"W L131 28.62' N84'05'33"E L132 19.50' S0554'27'E L133 2.64' S46'53'54"E L734 167.27' S84'05'33"W L735 21.04' N39'12'28"E L136 6.09' N06'12'35'W L124 15.34' S84-05.33"W L725 100.00' N05'54'27"W L126 15.21' S84'05'33"W L727 100.00' N05'59'08'W L141 15.00' S84'05'33"W L742 91.40' N05'54'27"W L143 14.88' S84'05'33"W L144 100.00' N05'58'40"W L745 31.63' S49'22'06"W L146 17.74' N39'05'33" E L147 20.70' N05'54'27"W L148 6.82' N6642'36'E L149 48.44' N19'08'37"W L150 19.72' N84'05'33"E L751 90.00' N05'54'27"W L152 83.85' N05'54'27"W DATE: JULY 2007 1 NOTES I SHEET 9 OF 9 1 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PH. 1 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTYNA. r� DAVID B. WEEMS Lic No. 0 2971 1 �S'Irnvet. DRAFTED CHECKED CLM DBW PROJ. NO. DWG. NO. 10008400 RPA-684-LC � '� � \,, Ctry 72 cam• - �. l _ 1 l ate e�y(�fy�"i -� � � .! .'• f _� ,, L�I , / � J �� � �\. i , L ({I }�Vf .- ,� � � { : ill ✓��. \ � �. `-Y \\ A.-���. t VICINITY MAP Scale: 1 "= 2000' d Virginia Department of Transportation ate Fred a ick County Sanitation Authority Date f.. L ��f Frederick Count Subdivision Administrator Date OWNER'S CERTIFICATE: The above and foregoing subdivision of BROOKLAND MANOR PHASE 2 as appears on the accompanying plat, is in accordance with the free consent and desires of the undersigned owner(s), proprietor(s) and trustee(s), if any. By. BROOKLAND OR, L. C. COMMONWEALTH OF VIPINIJ CITY / COUNTY OF �C 1� f THE rfyEGOIN I TR Ey = W" S ACK L DGED BEFORE ME THIS DAY OF JL-)r,-c— 200 �' I BY l MY COMMISSION EXPIRES 20) OT Y PUBLI `3 jQ?C3 ENGINEER'S CERTIFICATE: 1, David B. Weems, being a licensed professional engineer in the Commonwealth of Virginia, do hereby certify that, to the best of my knowledge and belief, the land contained in the subdivision shown herein is a portion of the property conveyed to Brookland Manor, L.C., by deed dated May 15, 2004, recorded amongst the land records of Frederick County as Instrument Number 040008784 and by deed dated August 17, 2005, recorded amongst the land records of Frederick County as Instrument Number 050018510. O.F 1 Gr DAVID B. WEEMS, P.E. LIC. #022971 AVID .WEE" Lic. No. 022971 DATE: AUGUST 2007 COVER SHEET SHEET 1 OF 3 � ��l✓J� FINAL PLAT OF SUBDIVISION 0 Dewberry BROOKLAND MANOR PHASE 2sIONAL1 (✓ �� Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. DRAFTED CHECKED Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICK COUNTY,VA. PROJ. NO. DWG. NO. www.dewberry.com 10008400 RPA-689-LC ROOKLAND MqN PARnp CELl A # PHASE. EX.INGRESS EGRESS ESMT EX. FCSA SEWER INST.# & WATER ESMT. INST.# ' 1\148'24'29"W -18.75' EX. STORM SEWER ESM ' 20' PARKING SETBACK S05'54'27"E 98.52' C N O o W CO Uj N ~o J w in w N N M LO 0 —I 1 NU5'S4-27-'W 100.00- �iC CN o = IZ o [If J O ~ o 0 0 0 0o Q O J Lfl Y 0 0 m 16 O w o LO ;n 0 O Co 0 J 5'5427"E 108.00'- LOT 31 3,000 S.F. b 0 EX. 10' GAS ESM'T 20 ' O 0 oin INST. ## � S05'5�4'27"E 100.00' o LOT 30 0 21000 S.F. o S05-54'27"E 100.00' LOT 29 o 2, 000 S.F. o S05'54'27"E 100.00' o LOT 28 b 00 2, 000 S.F. o0 N S05'54'27' 10 Y N o 00 LOT 27 2,000 S.F. a ml CD N S05' " _ 10 w, o LOT 26 O oN 2, 000 S.F. Zo 0 S05'54'27"E 100.00''If C14 0 LOT 25 0 O 3,000 S.F. N o0 0 r7 O 35' R/W SETBACK) S05'54'27"E 100.00' BROO KLLND�MANOR PHASE 1 _ PARCEL A INST.# GRAPHIC SCALE 0 10 40 80 ( IN FEET ) 30' — 1 inch = 40 ft. / SIDE SE BA CKTER ^ - S05'54'27"E 100.46' A=20.05' LOT 48 3,245 S.F. S05'54'27"E _ 104.31 LOT 47 2,034 S.F. A=20.53' Y�100. S05'54'27"E_ o� A=3.50' LOT 46 m 2, 000 S.F. w S05'54'27"E ") 100. o m LOT 45 Q oN �- 2,000 S.F. w Icwn S05'54'2_7"E 100. I I o o m mN o C ~o 'N zl NUS IXwN O I w N z LOT 44 I�'I �o l0 2,000 S.F. wl S05'54'2_7"E FI 100.0 ' 50 oN LOT 43 m 3,000 S.F. U')o N05'54'27"W 100.00' 0 0 0 '0 �o o N w o al w (n a - o Of I O w o OI NI 0 0 0 N O 0 0 �0 'F 20' LOT 42 3,000 S.F. �05'54'27"E _ LOT 41 Y 2,000 S. F. Q 05'54'27"E _ col LOT 40 2,000 S.F. Q :05'54'27"E _ LOT 39 � 2,000 S.F. 05'54'2711E _ R LOT 38 2,000 S.F. wl Or,'rd'77"P* di 2,000 S.F. 4'27"E LOT 36 3,000 S.F. �O ~ N V /00 w 10 Q N PO CD CD 0 0/ In w /1 w O n 150' Z N Y - Q N Lnn w o a m � of O C*qJ p w I (n 1 0 F- � �I N Q of 0 O (.0ofI � m X >- w �3 ? 4C4 w o (wn _o (n o ,o = b Q I� 4oO ,o N i-) z n Q Q O Lo CD 0.- ' O Co Q N JI Y 0 m O J� X O C.0 0 w Oz _ m 35' R/W SETBACK N05'54'27"W 100.00' STOR.M-SEWE� INST.# EX. 10' GAS- j EX. INGRESS/ EX. VDOT SIDEWALK ESMT o EGRESS ESMT MAINT. EASEMENT INST.# INST.# INST.# EX. BROOKLAND LANE R/W (60') (RTE 658) INST. #020011392 INST. # I DATE: AUGUST 2007 I SCALE: 1" = 40' 1 SHEET 2 OF 3 1 9 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PHASE 2 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTY,VA. �I DAVID B. EELS 9 Lim. No. 022971 1 �S'Irnvet. DRAFTED CHECKED CLM DBW PROJ. NO. DWG. NO. 10008400 RPA-689-LC � LOT 35 c3 2,645 S.F. `V S05'S4'27" 100.00' Y o _ LOT 34 2, 000 S.F. � o � S05'S4'27"E cii o _ _100.00' LOT 33 2, 000 S.F. Z � o oN S05'54'27"E O lul:-� o _ _100.00' LOT 32 3,000 S.F. o 0 06 EX. FCSA SEWER `" O & WATER ESMT.7�\ IN _ NOTES. 1. THE PROPERTY DELINEATED ON THIS PLAT IS DESIGNATED AS TAX MAP AMONGST THE LAND RECORDS OF FREDERICK COUNTY, VA. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE ALL EASEMENTS AND/OR ENCUMBRANCES MAY NOT BE SHOWN. 3. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY APPEARS TO BE SITUATE IN ZONE "AC— AREA OF 100 YEAR FLOODING, BASE ELEVATIONS & FLOOD HAZARDS DETERMINED & ZONE "C"— AREA OF MINIMAL FLOODING PER FEMA F. I. R. M COMMON TI Y PANEL NO. 510063 0115B, DATED JUL Y 17, 1978. ACTUAL ELEVATION CAN ONLY BE DETERMINED BY A FLOOD ELEVATION CERTIFICATE. 4. BOUNDARY INFORMATION TAKEN FROM A SURVEY PERFORMED BY DEWBERRY IN NOVEMBER/DECEMBER 2005, ENTITLED "PLAT OF RESURVEY, LANDS OF BROOKLAND MANOR, LC" INST.#060002565. AREA TABULATION ZONE: RP USE: RESIDENTIAL OLD: RESIDUE 54-2-5: 16,426.46 S.F. OR 0.38 AC. RESIDUE 54-2-6: 85,391.85 S.F. OR 1.96 AC. TOTAL: 101,818.31 S.F. OR 2.34 AC. NEW: LOT AREA: RESIDUE 54-2-6: TOTAL: 55,924.50 S.F. OR 1.28 AC. 45,893.81 S.F. OR 1.05 AC. 101,818.31 S.F. OR 2.34 AC. CURVE TABLE CURVE RADIUS ARC TANGENT DELTA CHORD CH BEARING Cl 34.50' 10.15' 5.11' 16'50'57" 10.11' S70'40'04"W C2 65.50' 44.08' 22.91' 38'33'40" 43.26' S64'48'43"W DATE: AUGUST 2007 1 NOTES I SHEET 3 OF 3 1 9 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PHASE 2 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTY,VA. AVID B. WEEMS 9 Uc. No. 0022971 c�7 (016e L jONet.�" DRAFTED CLM PROJ. NO. 10008400 CHECKED DBW DWG. NO. RPA-689-LC I... • 'i '•��t � I p l ? <� ` Y ; � [ �r=`':"I` n � - ti�� � �7 r, kip � _ !jp �I kVV VICINITY MAP Scale: 1 "-- 2000' .s o Virginia Department of Transportation 4ote Brick County Sanitation Authority Date Frederick County Subdivision Administrator Date OWNER'S CERTIFICATE: The above and foregoing subdivision of BROOKLAND MANOR PHASE 3 as appears on the accompanying plat, is in accordance with the free consent and desires of the undersigned owner(s), proprietor(s) and trustee(s), if any. By. BROOKLAND M L.C. COMMONWEALTH OF VIR,GINIQ CITY / COUNTY OF AC, THE REGOING INS T MENT WAS A KNOWLEDGED BEFORE ME THIS � DAY OF J0�1 200L BY �1,d h 4r, MY COMMISSION EXPIRES ,>0 7� N ARY PUBLICS ENGINEER'S CERTIFICATE: I, David B. Weems, being a licensed professional engineer in the Commonwealth of Virginia, do hereby certify that, to the best of my knowledge and belief, the land contained in the subdivision shown herein is a portion of the property conveyed to Brooklond Manor, L.C., by deed dated August 17, 2005, recorded amongst the land records of Frederick County as Instrument Number 050018510. 3 2— DAVID B. WEEMS, P.E. LIC. #022971 1 o � DA B. WEEMS 9 Lic. o. 0229 1 DATE: AUGUST 2007 COVER SHEET SHEET 1 OF 3o FINAL PLAT OF SUBDIVISION ( l Dewberry BROOKLAND MANOR PHASE 3 SIONAL� Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 DRAFTED CHECKED Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICK COUNTY,VA. PROJ. NO. DWG. N0. www.dewberry.com 10008400 RPA-690-LC BROOKLAND MANOR Y OUTLOT 1 coINST.# w co 'n EX. INGRES / Elf EGRESS ES T o INST.# V) EX. FCSA EWEI` o WATER ES T INST.# 3S EX �TORM SEWER ESMT qc� I ST. # Ff61 s FU, ;�8ROOKLAND LANE R/W (RTE 658) INST. #020011392) INST. # z 0 c w > rn m in v I o w 00 z 00 o z co 0 z X w 'S4 97" F 1 nn EX. 25D BA . SEW3 �RE F X. 10' S ES INST.# 1CKwAY Rom- _ o SETBACK LOT 56 0 3, 000 S.F. SO '54'27"E 100.00' 0 LOT 55 _ 2,000 S.F. d 05'54'27"E 100.00' 04 o I LOT 54 2,000 S.F. i 0 05'54'27"E' 100.00' o _ LOT 53 2,000 S.F. o Y 05'54'27"E 1_00.00' aCIA o LOT 52 _ 2,000 S.F. N 5-54'27"E 100.00' z o _ LOT 51 2,000 S.F. o 05'54'27"E' 100.00' o o LOT 50 2,000 S.F. o 05'54'27"E _1Q0. 00, 3,000 S.F. b - 50' o LOT 49 0 — — M \ 35' s\o / SO 54'27"E _ y/ LOT 68 ?o ©� 2,895 S.F. ^ of w N i1') 0 Q 00 �I a 0 L 0 20' I�© 20' 40' o � o w M in 0 d- 00 z S05'54'27"E LOT 67 S05'54'27_ - LOT 66 S05'54'27"E _ LOT 65 3,000 S.F. LOT 64 3,000 S.F. S05'54'27"E LOT 63 S05'S4'271JE _ LOT 62 LOT 61 i4'27"E LOT 60 i4'27"E _ LOT 59 LOT 58 '4'27"E LOT 57 3,000 S.F. N05'54'27"W N05'54'27"W 100. ' EX TRAIL MT RO AY X. STO �INST- 20'SET CK 7EWER ES T.` INST.# �105.5' - ---INGRESS/ BR6�KLAND .MAN EGRESS ESMT RC B / �.a INST.# MOW PHA 1, 59.5° INS .# % DATE: AUGUST 2007 1 SCALE: 1" = 40' 1 SHEET 2 OF 3 i Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com / 6'QO NSqot sF 81.96' Sp AF 100.00' 2,000 S.F. o nSp 100.00' ppo �p 2,000 S.F. o 100.00' EX. 10' 3 GAS ESM'T o INST. o f- C/) o 100.007 _ w00 0 C3 / 100.00' o � 2,000 S.F. g `t x 100.00' oN o L" o o 2,000 S.F. o 00 100.00' o 2,000 S.F. l Cl 100.0 00 2,000 S.F. o O' 100.0 ' 2,000 S.F. o 0 o 100. N 2,00;O.00XF.I oo mac- h / 1' voQ� Q� b ^� o 100.00' 9 GRAP IC ALE o / 10 40 ao \ I . 1, / I (TFEET)/ 1 itch = 40/ft. o AVID .WEEDS a Lic. No 022971 40) 5/ 6 A FINAL PLAT OF SUBDIVISION BSI(We1 BROOKLAND MANOR PHASE 3 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTY,VA. DRAFTED CLM PROJ. NO. 10008400 CHECKED DBW DWG. NO. RPA-690-LC NOTES: 1.- THE PROPERTY DELINEATED ON THIS PLAT IS DESIGNATED AS TAX MAP AMONGST THE LAND RECORDS OF FREDERICK COUNTY, VA. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE ALL EASEMENTS AND/OR ENCUMBRANCES MAY NOT BE SHOWN. 3. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY APPEARS TO BE SITUATE IN ZONE "A6"- AREA OF 100 YEAR FLOODING, BASE ELEVATIONS & FLOOD HAZARDS DETERMINED & ZONE "C"- AREA OF MINIMAL FLOODING PER FEMA F. I. R. M COMMUN TI Y PANEL NO. 510063 0115B, DATED JUL Y 17, 1978. ACTUAL ELEVATION CAN ONLY BE DETERMINED BY A FLOOD ELEVATION CERTIFICATE. 4. BOUNDARY INFORMATION TAKEN FROM A SURVEY PERFORMED BY DEWBERRY IN NOVEMBER/DECEMBER 2005, ENTITLED "PLAT OF RESURVEY, LANDS OF BROOKLAND MANOR, LC", INST.#060002565. AREA TABULATION ZONE: RP USE: RESIDENTIAL OLD: RESIDUE 54-2-6: NEW: LOT AREA: 45,893.81 S.F. OR 1.05 AC. 45,893.81 S.F. OR 1.05 AC. DATE: AUGUST 2007 1 NOTES I SHEET 3 OF 3 1 9 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PHASE 3 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTY,VA. DAVID B. & 9 Lic. N 022971 DRAFTED CLM PROJ. N0. 10008400 CHECKED DBW DWG. NO. RPA-690-LC COMMONWEALTH OF VIRGINIA 'rFICIAL RECEIPT ' FREDOfiTO CIRCUIT COURT DEEP RECEIPT DATf nc'!! fAS TIME; 14:540 ACCOUNT- 064CLP080 �j74 RECEIPT: A rfnrn � rcJJ rASHtcR: S5M RE6: WE17 TYPE: DEC PAYMENT: FULL PAYMENT Y, INSTRUMENT 080010744 BOOK: PARE: RECORDED; 09'11l08 AT 14:54 SRANTOR: BROOKLAND MANOR LC EX: N LOu; CO GRANTEE: BROOKLAND MANOR PRE:PEPTV OWNERS ASSOCIATION INC EX: N PCT: 1I'+' AND ADDRESS ; L RECEIVED OF ; NVID HOLLIDAY :.NECK: 535.66 DESCRIPTION 1: R F DIST PAGES: 27 OIP 0 _ e: BROOKLAND MANOP NAMES- A CONSIDERATION; AO A!VAL: . A MAP; PIN: 301 DEEPS 28.54 145 VSLF 1.5b 106 TECHNOLOGY TEST FND 5.OA TENDERED 35.01) AMOUNT PAID: 35.A0 _HINGE AMT , .00 + , CLERK Or COURT: REFECCA P. HOGAN 080010144 N DECLARATION OF COVENANTS, CONDITIONS. AND RESTRICTIONS _ J BROOKLAND MANOR THIS DECLARATION OF C VENANTS DITIONS AND RESTRICTIONS (the "Declaration") is made as of the day of WZ008, by and between BROOKLAND MANOR, L.C., a Virginia limited liability company, its successors and assigns (the "Declarant") (Grantor for indexing purposes), and BROOKLAND MANOR PROPERTY OWNERS' ASSOCIATION, INC.. a Virginia non -stock corporation, its successors and assigns (the "Association") (Grantee for indexing purposes). RECITALS: A. The Declarant is the owner of certain real property which shall be developed as a single family town home community in accordance with the Frederick County Zoning Ordinance. The property is located in Frederick County, Virginia, known as Lots 1 through 68, and Common Areas known as Parcel A, Parcel B, Brookland Manor (hereinafter, the "Property"), as the same are duly subdivided, platted and recorded by the Plats and Deeds of Subdivision recorded in the Clerk's Office of the Circuit Court of Frederick County at Instrument No.6 fG(1 /U 7 q f (as to Phase One), Instrument No.P/y06?1a>Y _X as to Phase Two), and Instrument No.( rp0/®�N a (as to Phase Three) (hereinafter, "The Plats of Survey"). B. The Declarant desires to create on the Property a residential community, which shall have permanent open spaces and other common facilities for the benefit of the community. C. The Declarant and the Association desire to provide for the preservation of the values of the community and such other areas as may be subjected to this Declaration, and to provide for the maintenance of the open spaces and other facilities and, to this end, declare and publish their intent to subject the Property to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, it being intended that they shall run with the Property and shall be binding on all persons or entities having or acquiring any right, title .or interest in the Property or any part thereof and shall inure to the benefit of each Owner thereof. D. The Declarant has deemed it desirable for the efficient preservation of the values of said community to create an association to which shall be delegated and assigned the powers of owning, maintaining and administering the Common Areas and facilities, administering and enforcing the covenants and restrictions made in and pursuant to this Declaration, and collecting and disbursing the Assessments and charges hereafter created. E. The Declarant has incorporated as a non -stock corporation under the laws of the Commonwealth of Virginia, the Brookland Manor Property Owners' Association, Inc., for the purpose of exercising the functions of the Association. NOW, THEREFORE, the Declarant, for and in consideration of the premises and the covenants contained herein, grants, establishes and conveys to each Owner of a Lot, with the C:) co express concurrence of the Association, mutual, non-exclusive rights, privileges and easements of enjoyment on equal terms and in common with all other Owners of Lots in and to the use of any Common Area and facilities; and further, the Declarant and the Association declare the Property to be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, reservations, easements, charges and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of, and shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their respective successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to the Brookland Manor Property Owners' Association, Inc., a Virginia non -stock corporation, its successors and assigns. Section 2. "Board of Directors" or "Board" or "Directors" shall mean and refer to the executive and administrative entity established by the Articles of Incorporation of the Association as the governing body of the Association. Section 3. "Common Area" shall mean and refer to all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Members, and shall include any private streets shown on The Plats of Survey. Section 4. "Declarant" shall mean and refer to Brookland Manor, L.C., and its successors or assigns (i) to whom Brookland Manor, L.C. assigns any or all of its rights as Declarant pursuant to this Declaration by assignment recorded in the appropriate land records, or (ii) who is a purchaser at foreclosure of the Property or a grantee in a deed in lieu of foreclosure from the Declarant. Such an assignment shall only operate as to the land, which is owned by such successor or assign. If the Declarant consists of more than one (1) person or entity, the rights and obligations of the Declarants shall be several and shall be based upon and apportioned in accordance with the number of Lots.owned by each Declarant. Section 5. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions applicable to the Property, which Declaration is recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. Section 6. "Developer" shall mean and refer to Brookland Manor, L.C. and its assignees if such assignees receive a written assignment from the Developer. Section 7. "Dwelling Unit" shall mean and refer to any structure located on the Property intended for any type of independent ownership for use and occupancy as a residence by a single household and shall, unless otherwise specified, include within its meaning (by way of illustration but not limitation) patio or zero lot line homes, townhouses and detached homes. Q Section 8. "Federal Agencies" shall mean the Veterans Administration ("VA"), Federal Housing Authority ("FHA"), Fannie Mae and Freddie Mac. Section 9. "Lot" shall mean and refer to any plot of land created by and shown on a lawfully recorded subdivision plat of the Property upon which a Dwelling Unit could be constructed in accordance with applicable zoning ordinances, with the exception of the Common Area and streets dedicated to public use. Section 10. "Member" shall mean and refer to any person or entity who holds a membership in the Association, as more particularly set forth in Article II below. Section 11. "Mortgagee" shall mean and refer to any person or entity secured by a first mortgage or first deed of trust on any Lot or Common Area who has notified the Association of this fact in writing. Section 12. "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of the fee simple title to any Lot which is part of or has been annexed into the Association, including a contract seller but excluding those holding such interest in a Lot solely by virtue of a contract to purchase a Lot or as security for the performance of an obligation. If more than one (1) person or entity is the record owner of a Lot, the term "Owner" as used herein shall mean and refer to such owners collectively, so that there shall be only one (1) Owner of each Lot. Section 13. "Phases" shall mean those phases as approximately set out on the Plats of Survey, or as subsequently amended. Said Phases indicate development phases, and upon development of said Phases, said Lots shall automatically be annexed within the Association, without any need for approval by the Association. Section 14. "Property" shall mean and refer to that certain real property described as Lots I through 68, and Parcels A and B, Brookland Manor, as shown on The Plats of Survey prepared by Dewberry and Davis, LLC, and duly subdivided by the Deeds of Subdivision recorded in the Clerk's Office of the Circuit Court of Frederick County at Instrument No. f�ft,Y1 (as to Phase One), Instrument No o 00,07Y.L (as to Phase Two), and Instrument NoU d/ 4(3 (as to Phase Three), which are incorporated herein by reference as if set out in full, and such additions thereto which, from time to time, may be brought within the jurisdiction of the Association. ARTICLE II MEMBERSHIP Every Owner of a Lot, which is subject to this Declaration shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. CA C1 ARTICLE III VOTING RIGHTS Section 1. Classes. The Association shall have two (2) classes of voting membership: Class A: Class A Members shall be all Members with the exception of the Class B Member. A Class A Member shall be entitled to one (1) vote for each Lot in which it holds the interest required for membership pursuant to Article II. Class B: The Class B Member shall be the Declarant. The Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership pursuant to Article II. Class B, as a separate class, shall terminate and be converted to Class A membership with only one (1) vote per Lot, upon the occurrence of whichever of the following first occurs: (a) within four (4) months after the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) five (5) years from the date of recordation of this Declaration or the last amendment thereof; or (c) sixty (60) days after the Declarant abandons construction (i.e., no new dwelling construction has been initiated for a period of ten (10) months, unless there is evidence of continuing construction). Section 2. Annexation. Upon annexation of Phases of the Property or additional properties pursuant to this Declaration, and in the event that Class B membership shall have terminated as hereinabove provided, Class B membership shall be revived with respect to all Lots owned by the Declarant. Such revived Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs first: (a) within four (4) months after the total votes outstanding in Class A membership in the annexed property equal the total votes outstanding in the Class B membership in such annexed property; or (b) five (5) years from the date of recordation of the document annexing such property; or (c) sixty (60) days after the Declarant abandons construction in the annexed property (i.e., no new dwelling construction has been initiated for a period often (10) months in the annexed property, unless there is evidence of continuing construction). Section 3. Multiple Ownership Interests. If more than one (I) person or entity holds an ownership interest in any Lot, the vote for such Lot shall be exercised as the Owners of the Lot among themselves determine and may be exercised by any one (1) of the people or entities O r*NJ► c.n holding such ownership interest, unless any objection or protest by any other holder of such ownership interest is made prior to the completion of a vote, in which case the vote for such membership shall not be counted. The Member whose vote is in dispute shall be counted as present at the meeting for quorum purposes if the protest is lodged at such meeting. Except as provided above, in no event shall more than one (1) vote be cast. with respect to any Lot. ARTICLE IV PROPERTY RIGHTS Section 1. Members' Easements of Enjoyment. Subject to the limitations and restrictions of this Declaration, every Member shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to: (a) the right of the Association to limit the number of guests of Members on the Common Area; (b) the right of the Association to adopt and enforce rules and regulations governing the use of the Common Area and facilities including, without limitation, the imposition of fines for the violation thereof; (c) the right of the Association to suspend the voting rights, the right to run for office within the Association, and rights of a Member to the use of any recreational facilities or non -essential services offered by the Association, to the extent that access and the provision of utilities to their Lot through the Common Area are not precluded, for any period during which any assessment against such Member's Lot remains unpaid, or for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (d) the right of the Association to borrow money for the improvement, maintenance or repair of the Common Area or facilities and in aid thereof, with the assent of at least three -fourths (3/4) of the votes of each class of Members who are entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, to mortgage the Common Area, subject to this Declaration and the easement of enjoyment created hereby, and to acquire property encumbered by a lien or liens of a mortgage or deed of trust; provided that any such mortgage of the Common Area must state that it is subject to this Declaration and the easement of enjoyment created hereby, and shall not be in conflict with its designation as "open space"; (e) the right of the Association at any time, or upon dissolution of the Association, and consistent with the then -existing zoning and subdivision ordinances of Frederick County, Virginia (the "County") and its designation of the Common Area as "open space," to dedicate or transfer all or any part of the Common Area to an organization conceived and organized to own and maintain common open space, or, if such organization will not accept such a transfer, then to the County or other appropriate governmental agency, or, if such a transfer is declined, then to another entity in accordance with the laws governing the same, for C7 t'V cn N such purposes and subject to conditions as may be agreed to by the Members. Except in the case of dissolution, any such dedication or transfer shall have the assent of at least three -fourths (3/4) of each class of Members entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which shall be sent to all Members not less than twenty-five (25) days nor more than fifty (50) days in advance of the meeting setting forth the purpose of the meeting. Upon such assent and in accordance therewith, the officers of the Association shall execute the necessary documents. The re -subdivision or adjustment of the boundary lines of the Common Area and the granting of easements by the Association shall not be deemed a transfer within the meaning of this Article; (f) the right of the Association to grant, with or without payment to the Association, licenses, rights -of -way, and easements through or over any portion of the Common Area. The forgoing shall not be construed however, to permit acquisition of or damage to any improvements, structures or installations located upon the Common Area without the payment of damages, including severance or resulting damages, if any, to the Association absent the Association's consent; (g) the right of the Association to lease the Common Area, provided however that such lease(s) must: Area; (i) be only to non-profit organizations; (ii) prohibit assignment and subleasing; (iii) require the prior, written approval of the Association of a lessee's uses of the Common Area and facilities, which must be in accordance with this Declaration; (iv) be consistent with the then -existing ordinances of the County; (v) be consistent with the open space designation of the Common (h) the right of the Declarant, or the Association to re -subdivide and/or adjust the boundary lines of the Common Area as they deem necessary for the orderly development of the subdivision; (i) the right of the Declarant or the Association to dedicate or convey any private streets or portions thereof to the Commonwealth of Virginia, Frederick County, or any other regulatory agency or their successors or assigns. Section 2. Delegation of Use. Any Member may delegate its right of enjoyment to the Common Area and facilities to the members of its immediate household, its tenants or contract purchasers who reside on the Member's Lot. However, by accepting a deed to such Lot, every Owner covenants that should the Owner desire to rent its Lot, the rental agreement shall contain specific conditions which require the tenant to abide by all Association covenants, rules and C? N C_n W regulations, and any Owner desiring to rent a Lot further covenants that the tenant will be provided a complete set of all Association covenants, rules and regulations. ARTICLE V COVENANT FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant covenants, for each Lot owned, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other instrument of conveyance, is deemed to covenant and agree to pay to the Association: (a) Annual Assessments (as hereinafter defined) or charges, (b) Working Capital Assessment (as hereinafter defined) and (c) Special Assessments (as hereinafter defined) for capital improvements or other specified items, provided, however, as set forth in Section 7 herein, Lots owned by the Declarant shall be exempt from all Assessments. Such Assessments are to be established and collected as hereinafter provided. The Association's Annual and Special Assessments, together with interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each Assessment is made. Each such Assessment, together with interest, late fees, costs, and reasonable attorneys' fees, for the collection thereof, shall also be the personal obligation of the person or entity who was the Owner of such Lot at the time the Assessment fell due and shall not be the personal obligation of a successor in interest unless expressly assumed by such successor. The Annual and Special Assessments, when assessed for each year, shall become a lien on the Lot for the entire Annual or Special Assessment, but shall be payable upon resolution of the Board of Directors, in equal installments collected on a monthly, bi-monthly, quarterly, semi-annual or annual basis. Section 2. Purpose of Assessment. The Assessments levied by the Association shall be used to promote the recreation, health, safety and welfare of the residents and Owners of the Property, for the improvement, repair, and maintenance of the Common Area, including any storm water detention facilities, and drainage facilities, payment of taxes, construction of improvements and maintenance of services and facilities, and the maintenance of services devoted to these purposes or related to the use and enjoyment of the Common Area or other property, which the Association has the obligation to maintain, and for such other purposes as the Board of Directors may determine to be appropriate. Section 3. Establishment of Annual Assessment. (a) The Association must levy in each of its fiscal years an annual assessment (the "Annual Assessment") against each Lot which has been conveyed by the Declarant. The amount of such Annual Assessment shall be established by the Board of Directors, written notice of such shall be sent to every Owner at least thirty (30) days in advance of the commencement of each Annual Assessment period. The Annual Assessment shall become applicable to all Lots within a Section of the Property (as such Section is shown_ on a recorded subdivision plat) on the first day of the month following the first conveyance of the first Lot within that Section to an Owner who is not the Declarant. The first Annual Assessment shall be adjusted according to the number of months remaining in the calendar year. (b) The amount of the Annual Assessment shall be determined by the Board of Directors according to its estimate of the cost of providing services or rights -of -use which are common to all of the Lots. Until January 1 of the year immediately following conveyance of the first Lot to an owner other than the Declarant, the initial Annual Assessment shall be $70.00 per month per lot. Section 4. Basis of Annual Assessment. The Board of Directors shall have the authority to set the Annual Assessment charges for each lot. Said Annual Assessment may be increased after the first year and each successive year thereafter by a rate that is consistent with the rise, if any, of the Consumer Price Index, published by the United States Department of Labor for the Washington, D.C. standard metropolitan area. In the event the increase in the Annual Assessment exceeds ten percent (10%) from the year preceding, then there will be required a vote by at least fifty percent (50%) of the votes of the Lot Owners who are present and voting at a meeting, which has been set forth for the purpose of increasing said Assessment. Notwithstanding what is stated above, any increase of ten percent (10%) or less shall require an affirmative vote of the Board of Directors to increase the Annual Assessment. There shall be no requirement that the Annual Assessment shall increase each year and the granting of the authority to the Board of Directors to increase the Annual Assessment shall in no way be deemed to be a mandatory obligation to increase said Assessment. Said meeting will be effective only if notice of the same was sent to the members (lot owners) not less than thirty (30) days and not more than sixty (60) days in advance of said meeting. Section 5. Special Assessment. In addition to the Annual Assessment 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, reconstruction, repair or replacement of capital improvements upon the Common Area, including the fixtures and personal property related thereto, or for any other specified purpose (the "Special Assessment"). The Special Assessment shall be levied against all of the Lots in each Section which benefit from the Special Assessment, pro rata according to each Section's benefit. The amount of the Special Assessment shall be the same for each Lot in any Section, but need not be uniform with the Special Assessment imposed on Lots in other Sections. Section 6. Working Capital Assessment. The Board shall determine and fix an amount, which shall be the Working Capital Assessment. The initial Working Capital Assessment shall be $100.00 per Lot. Payment of the initial Working Capital Assessment shall be due at settlement. Section 7. Rate of Assessment. The Annual Assessment shall be fixed at a uniform rate for all Lots, except for unoccupied Lots owned by the Declarant. The Special Assessment shall be fixed at a uniform rate for all Lots in a particular Section, except for unoccupied lots owned by the Declarant. The Declarant's Lots shall be exempt from all Assessments. Section 8. Notice of Assessment and Certificate. Written notice of the Annual Assessment shall be sent to every Member. The due dates for payment of the Annual Assessment 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 or authorized agent 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 9. Remedies of the Association In the Event of Default. If any Assessment pursuant to this Declaration is not paid within thirty (30) days after its due date, the Assessment shall bear interest at the rate of the prime interest rate, as stated in the Wall Street Journal, plus ten percent (10%) per annum from the date of delinquency, through the date of collection. In addition, in its discretion, the Association may: (a) impose a penalty or late charge as previously established by rule; (b) bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot, and interest, costs, and reasonable attorneys' fees of any such action shall be added to the amount of such Assessment. A suit to recover a money judgment for non-payment of any Assessment levied pursuant to this Declaration, or any installment thereof, may be maintained without perfecting, foreclosing or waiving the lien provided for herein to secure the same; (c) suspend a Member's voting rights, right to hold an office within the Association, and right to use recreational facilities or non -essential services offered by the Association to the extent that access and the provision of utilities to the Lot through the Common Area are not precluded. No Assessment shall be refunded in the event of suspension; and (d) accelerate the due date of the unpaid Assessment so that the entire balance shall become due, payable and collectible. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Area or facilities, abandonment of its Lot, or the failure of the Association or the Board of Directors to perform their duties. Section 10. Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein shall be subordinate to the lien of any properly recorded first trust or mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to a foreclosure of a first trust or mortgage, or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No such sale or transfer shall relieve such Lot from liability for any Assessments which thereafter become due or from the lien thereof. Section 11. Exempt Property. The following property subject to this Declaration shall be exempt from the Assessments created herein: (a) all property dedicated to and accepted by a local public authority; and (b) the Common Area; however, no land or improvements devoted to dwelling use shall be exempt from said Assessments except as stated in Section 7 above. Section 12. Reserves for Replacements. The Association shall establish and maintain a reserve fund for the maintenance, repair and replacement of the Common Area and improvements located thereon by the allocation and payment to such reserve fund of an amount to be designated from time to time by the Board of Directors, which reserve fund shall be sufficient, in the sole opinion of the Board of Directors, to accommodate such future maintenance, repair and replacement and which shall be a component of the Annual Assessment. Such fund shall be conclusively deemed to be a common expense of the Association and may be .deposited with any banking institution, the accounts of which are insured by any state or by any agency of the United States of America or may, in the discretion of the Board of Directors, be invested in obligations of, or fully guaranteed as to principal by, the United States of America or the Commonwealth of Virginia. The reserve for replacement of the Common Area may be expended only for the purpose of effecting the replacement of the Common Area, major repairs to, replacement and maintenance of any improvements within the Common Area, including but not limited to sidewalks, parking areas, streets or roadways developed as a part of the Property, equipment replacement, and for start-up expenses and operating contingencies of a non -recurring nature relating to the Common Area. The Association may establish such other reserves for such other purposes as the Board of Directors may from time to time consider to be necessary or appropriate. The proportional interest of any Member in any such reserves shall be considered an appurtenance of the Member's Lot and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. ARTICLE VI RESTRICTIVE COVENANTS Section 1. The Property shall be used exclusively for residential and accessory purposes except as provided in Section 20 hereof. The Declarant reserves the right, for itself, pursuant to a recorded subdivision or re -subdivision plat, to alter, amend, and change any lot line or subdivision plan or plat. No building shall be erected, altered, placed or permitted to remain on any Lot other than one Dwelling Unit, garages and other approved appurtenant structures for use solely by the occupant of the Dwelling Unit. Section 2. No structure or addition to a structure shall be erected, placed, altered or externally improved on any Lot until the plans and specification, including design, elevation, material, shape, height, color and texture, and a site plan showing the location of all improvements with grading modifications, shall be filed with and approved in writing by the Architectural Review Board. "Structure" shall include, but not be limited to, any building or portion thereof, wall, deck, play equipment, greenhouse, skylight, solar panel, fence, pool, pavement, driveway, or appurtenances to any of the aforementioned. Section 3. No clothing, laundry or wash shall be aired or dried on any portion of the Property within public view. Section 4. No fence, wall, tree, hedge or shrub shall be maintained in such a manner as to obstruct sight lines for vehicular traffic. %.-.F N . Ln -- j Section 5. Maintenance. The Association, by its Board of Directors, shall have the right to establish Rules and Regulations governing the maintenance of the Lots and Dwelling Units. Each Owner shall maintain its Lot and Dwelling Unit in a manner satisfactory to the Association and in accordance with the Declaration, Bylaws and rules and regulations of the Association and local law. In the event that a Lot or Unit is not so maintained, the Association shall have the right to enter upon the Lot or Unit to maintain the same, after giving the Owner at least fourteen (14) days written notice to cure any maintenance problems or deficiencies. In the event that the Association exercises its right of entry for maintenance purposes, the Association shall have the right to assess the particular Owner for the cost of such maintenance, including costs of collection, court costs and attorneys' fees. Section 6. An Owner shall, at all times, maintain its Lot and all appurtenances thereto in good repair and in a state of neat appearance. Except for flower gardens, shrubs and trees, which shall be neatly maintained, all open lot areas shall be maintained in lawns or other materials approved by the Architectural Review Board. All lawn areas shall be kept mowed and shall not be permitted to grow beyond a reasonable height. Except as required for proper sight lines, no tree of a diameter of more than four (4) inches measured two (2) feet above ground level shall be removed or planted without the approval of the Architectural Review Board. As stated above, the Association has the right to enter upon a Lot to maintain the same, after giving the Owner at least fourteen (14) days written notice to cure any maintenance problems or deficiencies. In the event that the Association exercises its right of entry for maintenance purposes, the Association shall have the right to assess the particular Owner for the cost of such maintenance, including costs of collection, court costs and attorneys' fees. Section 7. No noxious or offensive activity shall be carried on upon the Property, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood. No exterior lighting on a Lot shall be directed outside the boundaries of the Lot. Section 8. The only signs permitted on the Property shall be customary home and address signs and real estate sale or lease signs which have received the prior written approval of the Architectural Review Board ("Permitted Signs"). No more than one (1) Permitted Sign shall be displayed to public view on any Lot and must be less than or equal to four (4) square feet in total surface area and may not be illuminated. All Permitted Signs advertising a Lot for sale or rent shall be removed within three (3) days from the date of the conveyance of the Lot or of the execution of the lease agreement; as applicable. Section 9. No domesticated or wild animal shall be kept or maintained on any Lot, except for common household pets such as dogs and cats which may be kept or maintained, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding Lots or the neighborhood and are in compliance with applicable County ordinances. Law enforcement and animal control personnel shall have the right to enter the Property to enforce local animal control ordinances. Section 10. Trash shall be collected and stored in trash receptacles only and not in plastic bags. Trash and garbage receptacles shall not be permitted to remain in public view except on days of trash collection, except those receptacles designed for trash accumulation located in the G) tV CA CO Common Area. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on the exterior of any Dwelling Unit. Section 11. To the extent permitted by law, the following antenna are prohibited on a Lot: exterior antenna for the transmission of radio or television signals, exterior "dish" antenna for the reception of direct broadcast satellite service that are larger than one meter (39.37 inches) in diameter, and exterior antenna for receiving video programming services via wireless Cable that are larger than one meter (39.37 inches) in diameter or diagonal measurement. The Architectural Review Board may adopt further rules and regulations regarding location, placement and screening of exterior antenna and satellite "dish" antenna. Section 12. No person shall paint the exterior of any building or portion thereof, a color different than the original color of said building or portion thereof without the proposed color having been first approved in writing by the Architectural Review Board. Section 13. The exteriors of all structures, including, without limitation, walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of a structure shall not be permitted to remain in damaged condition for longer than three (3) months. Section 14. No fence or enclosure shall be erected or built on any Lot until first approved in writing by the Architectural Review Board as to location, height, material and design. No fence shall be allowed to be constructed to extend beyond the rear corner of the house and be installed any closer to any public street than the distance equal to the distance from the rear corner of the house to the public street and shall be of a type, which is attached and incorporated as Exhibit 1. Any fence or wall built on any Lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. Section 15. Unless housed inside the garage of the house, no inoperable, junk, unregistered, unlicensed or uninspected vehicles shall be kept on the Property. No portion of the Property shall be used for the repair of vehicles. Section 16. No commercial or industrial vehicles, such as, but not limited to moving vans, trucks, tractors, trailers, vans, wreckers, tow trucks, hearses and buses shall be regularly or habitually parked or parked overnight on the Property, except upon the prior written approval of the Architectural Review Hoard. Section 17. No recreational vehicles or equipment, such as but not limited to boats, boating equipment, travel trailers, camping vehicles or camping equipment shall be parked on the Property without the prior, written approval of the Architectural Review Board, as to location, size, screening and other relevant criteria. The Association shall not be required to provide a storage area for these vehicles. Section 18. The Board of Directors shall have the right to tow any vehicle parked or kept in violation of these covenants contained within this Article, upon twenty-four (24) hours' notice Q CP 1W and at the vehicle owner's sole expense. Section 19. Any rental agreement for a Dwelling Unit must be for an initial period of at least six (6) months, must be in writing and must be subject to the rules and regulations set forth in this Declaration and in the other Association documents. Any failure by any tenant to comply with the terms of such documents shall be a default under the rental agreement. Section 20. The provisions of these Articles shall not apply to the development or construction of improvements on the Property by the Declarant or its respective assigns. The Declarant, or its respective assigns may, during its construction and/or sales period, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the Property and on or in any building or structure now or hereafter erected thereon. Section 21. The Association shall have the authority to adopt such rules and regulations regarding this Article as it may from time to time consider necessary or appropriate. Section 22. No garage may be converted into living space. ARTICLE VII ARCHITECTURAL REVIEW BOARD Section 1. Composition. The Architectural Review Board shall be comprised of three (3) or more members. Members shall serve staggered three (3) year terms as determined by the Board of Directors. As long as the Declarant owns any Lot within the Property, the Architectural Review Board shall consist of two (2) committees: the New Construction Committee and the Modification and Change Committee. When the Declarant no longer owns any Lots within the Property, the New Construction Committee shall be terminated. Section 2. Method of Selection. The Declarant shall appoint the members of the New Construction Committee. The Board of Directors shall appoint the members of the Modification and Change Committee. After the termination of the Class B membership, no member of the Modification and Change Committee may be a Director unless the member is a Class A member. Section 3. Removal and Vacancies. Members of the Modification and Change Committee of the Architectural Review Board may be removed by the Board of Directors with or without cause. Members of the New Construction Committee may be removed by the Declarant with or without cause. Appointments to fill vacancies in unexpired terms shall be made in the same manner as the original appointment. Section 4. Officers. At the first meeting of the Modification and Change Committee of the Architectural Review Board following each Annual Meeting of Members, the Modification and Change Committee shall elect from among themselves a chairman, a vice-chairman and a secretary who shall perform the usual duties of their respective offices. . C71 Section 5. Duties. The Committees of the Architectural Review Board shall regulate Re external design and appearance of the Property and the external design, appearance and location of the improvements thereon in such a manner so as to preserve and enhance property values and to maintain harmonious relationships among structures and the natural vegetation and topography. During the period the Architectural Review Board is comprised of the two (2) committees described above, the New Construction Committee shall regulate all initial construction, development or improvements on the Property. The Modification and Change Committee shall regulate all modifications and changes to existing Lots and improvements on the Property. In furtherance thereof, the Architectural Review Board shall: (a) review and approve or disapprove written applications of Owners for alterations or additions to Lots; Directors; Directors; (b) periodically inspect the Property for compliance with the Board of (c) adopt architectural standards subject to the confirmation of the Board of (d) adopt procedures for the exercise of its duties; and (e) maintain complete and accurate records of all actions taken by the Architectural Review Board. Section 6. Failure to Act. In the event the Architectural Review Board fails to approve or disapprove a correctly filed application within forty-five (45) days of the receipt of the application sent by Registered Mail or Certified Mail - Return Receipt Requested, the application shall be deemed approved, unless the Architectural Review Board has notified the applicant that it requires additional time to evaluate the application.. Failure of the Architectural Review Board or the Board of Directors to enforce the architectural standards or to notify an Owner of noncompliance with architectural standards or to notify an Owner of noncompliance with architectural standards or approved plans for any period of time shall not constitute a waiver by the Architectural Review Board or the Board of Directors of the enforcement of this Declaration at any later date. Section 7. Enforcement. Any exterior addition, change or alteration made without application to, and approval of, the Architectural Review Board shall be deemed to be in violation of these covenants, and may be required by the Board of Directors to be restored to its original condition at the offending Owner's sole cost and expense. Section 8. Appeal. Any aggrieved party may appeal a decision of the Architectural Review Board to the Board of Directors by giving written notice of such appeal to the Association or any director within twenty (20) days of the adverse ruling. co PQ an ARTICLE VIII EASEMENTS Section 1. The Declarant grants to, and the Association reserves for, the Association, a blanket easement for the Association's directors, officers, agents and employees, and for all police, fire, ambulance personnel and all similar persons, to enter upon the. Property in the exercise of the enforcement of the covenants contained herein and functions provided for by this Declaration, Articles of Incorporation, Bylaws and rules of the Association, and in the performance of government functions. Section 2. The rights accompanying the easements provided for in Section 1 of this Article shall be exercised only during reasonable daylight hours and then, whenever practicable, only after advance notice to, and with the permission of, any Owner or tenant directly affected when not an emergency situation or a government function. Section 3. Each Lot within the Property is declared to have an easement, not exceeding one (1) foot in width, over all adjoining Lots and Common Areas for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of a building, roof overhangs, gutters, architectural or other appendages, draining of rainwater from roofs, or any other similar matter. There shall be valid easements for the maintenance of said encroachments so long as such encroachments shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however that in no event shall a valid easement for encroachment be created in favor of an Owner if said encroachment occurred due to the willful misconduct of said Owner. In the event a structure on any Lot is partially or totally destroyed and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots shall be permitted and that there shall be valid easements for the maintenance of said encroachments as long as such encroachments shall exist. Section 4. The Declarant, and their agents and employees shall have a right of ingress and egress over the Common Area as required for construction and development of the Property. Section 5. There is reserved to the Declarant a fifteen (15) foot easement across the fronts and sides of all lots for the installation of utilities and a right to Declarant to grant non-exclusive easements over any Lot or Common Area for the purposes of installing, repairing and/or maintaining utility lines of any sort, including but not limited to storm drains and drainage swales, sanitary sewers, gas lines, electric lines and cables, water lines, telephone lines, telecommunication lines and cables, and the like, and for any purpose necessary for the Declarant or its assigns to obtain the release of any bonds posted with a municipality, governmental agency or regulatory agency, and non-exclusive easements over the Common Area to any municipal agency or private entity for any other purpose consistent with the "open space" designation thereof. This right to grant easements shall automatically expire as to any Lot or Common Area ten (10) years from the date of submission of such Lot or Common Area to this Declaration. Section 6. There is reserved to the Declarant a non-exclusive easement over all Lots and tV M N the Common Area for the purpose of correcting drainage, sidewalk installation, regrading, maintenance, landscaping, mowing, and erecting street intersection signs, directional signs, temporary promotional signs, entrance features, lights and wall features, and for the purpose of executing any of the powers, rights, or duties granted to or imposed on the Association herein. This easement shall automatically expire as to any Lot or Common Area ten (10) years from the date of submission of such Lot or Common area to this Declaration. Section 7. There is reserved to the Declarant an easement and the right to grant and reserve easements or to vacate or terminate easements across all lots and the Common Area as may be required by any governmental agency or authority or utility in connection with the release of improvement bonds or the acceptance of public streets fur state maintenance with respect to the Property. ARTICLE IX POWERS AND DUTIES OF THE ASSOCIATION Section 1. Discretionary Powers and Duties. The Board of Directors, on behalf of the Association, shall have the following powers and duties, which may be exercised in its discretion: (a) to enforce any covenants, rules, or restrictions which are imposed by, or adopted pursuant to, the terms of this Declaration or which may be imposed on any part of the Property. Nothing contained herein shall be deemed to prevent the Owner of any Lot from enforcing any building restriction in its own name. The right of enforcement shall not serve to prevent such changes, releases or modifications of the restriction or reservations placed upon any part of the Property by any party having the right to make such changes, releases or modifications in the deeds, contracts, declarations or plats in which such restrictions and reservations are set forth; and the right of enforcement shall not have the effect of preventing the assignment of those rights by the proper parties wherever and whenever such right of assignment exists. Neither the Association nor the Board of Directors shall have a duty to enforce the covenants, rules, or restrictions by an action at law or in equity if, in its or their opinion, such an enforcement is not in the Association's best interest. The expenses and costs of any enforcement proceedings shall be paid out of the general fund of the Association as herein provided for; provided, however, that the foregoing authorization to use the assessments for such enforcement proceedings shall not preclude the Association from collecting such costs from the offending Owner; (b) to provide such light as the Association may deem advisable on streets and the Common Area and to maintain any and all improvements, structures or facilities which may exist or be erected from time to time on the Common Area; (c) to build facilities upon the Common Area; (d) to use the Common Area and any improvements, structures or facilities erected thereon, subject to the general rules and regulations established and prescribed by the Association and subject to the establishment of charges for their use; ti Cn CA) (e) to mow and resow the grass and care for, spray, trim, protect, plant and replant trees and shrubs growing on the Common Area, pedestrian accesses and buffers, and to pick up and remove from the Common Area all loose material, rubbish, filth and accumulation of debris; and to do any other thing necessary or desirable in the judgment of the Association to keep the Common Area in neat appearance and in good order; (f) to exercise all rights, responsibilities and control over any easements which the Association may from time to time acquire, including, but not limited to, those easements specifically reserved to the Association in the Articles entitled "Easements" herein; (g) to create, grant and convey easements upon, across, over and under all Common Areas, including but not limited to, easements for the installation, replacement, repair and maintenance of utility lines serving the Property; (h) to create subsidiary corporations in accordance with Virginia Law; (i) to employ counsel and institute and prosecute such suits as the Association may deem necessary or advisable, and to defend suits brought against the Association; 0) to retain with compensation from time to time such agents, employees and contractors as the Association may deem necessary in order to exercise the powers, rights and privileges granted to it, and to make contracts; (k) to enter on any Lot to perform emergency repairs or to do other work reasonably necessary for the proper maintenance of the Property; (1) to enter (or have the Association's agents or employees enter) on any Lot to repair, maintain or restore the Lot, all improvements thereon, and the exterior of the Dwelling Unit and any other improvements located thereon if such is not performed by the Owner of the Lot, and to assess the Owner of the Lot the cost thereof, such assessment to be a lien upon the Lot equal in priority to the lien provided for in the Article entitled "Covenant for Maintenance Assessments" herein; provided, however, that the Board of Directors shall only exercise this right after giving the Owner written notice of its intent at least fourteen (14) days prior to such entry; (m) to re -subdivide and/or adjust the boundary lines of the Common Area but only to the extent such re -subdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Property; (n) to make and enforce rules and regulations governing the use of the Common Area and with respect to such other areas of responsibility assigned to it by this Declaration, except where expressly reserved herein to the Members. Such rules and regulations may grant to the Board of Directors the power to suspend a Member's right to use recreational facilities or non -essential services for non-payment of assessments and to assess charges against Members for violations of the provisions of the Declaration or rules and regulations, as provided for in the Virginia Property Owners Association Act; and (o) the management of the Association shall be at the discretion of the Board of Directors. The Board of Directors shall have the option to manage the Association itself or to employ a management company, provided the compensation of the management company be satisfied by the Assessment Income. Section 2. Mandatory Powers and Duties. The Association shall exercise the following powers, rights and duties: (a) to accept title to the Common Area and to hold and administer the Common Area for the benefit and enjoyment of the Owners and occupiers of Lots; (b) to transfer part of the Common Area to or at the direction of the Declarant for the purpose of adjusting boundary lines or otherwise in connection with the orderly subdivision or development of the Property, but only to the extent such re -subdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Property; (c) to obtain and maintain without interruption liability coverage for any claim against a director or officer for the exercise of its duties and fidelity coverage against dishonest acts on the part of directors, officers, trustees, managers, employees or agents responsible for handling funds collected and held for the benefit of the Association. The fidelity bond shall cover the maximum funds that will be in the custody of the Association or its management agent at any time while the bond is in place. The fidelity bond coverage shall, at a minimum, be equal to the sum of three (3) months' assessments of all Lots in the Property plus the Association's reserve funds, if any; (d) to obtain and maintain without interruption a comprehensive coverage of public liability and hazard insurance covering the Common Area and easements of -which the Association is a beneficiary, if available. Such insurance policy shall contain a severability of interest clause or endorsement which shall preclude the insurer from denying the claim of an Owner because of negligent acts of the Association or other Owners. The scope of coverage shall include all coverage in kinds and amounts commonly obtained with regard to projects similar in construction, location and use. Further, the public liability insurance must provide coverage of at least $1,000,000.00 for bodily injury and property damage for any single occurrence; (e) to provide for the maintenance of any and all (i) improvements, structures or facilities which may exist or be erected from time to time on the Common Area, including but not limited to, streetlights (including the payment of utility costs therefor), recreational facilities, entranceways and entrance areas, (ii) easement areas of which the Association is the beneficiary and for which it has the maintenance responsibility, (iii) facilities, including, but not limited to, fences and signs authorized by the Association and erected on any easements granted to the Association, and (iv) streetlights that may be constructed within the rights -of -way of any public streets within or adjacent to the Property and which the Commonwealth of Virginia or the County requires the Association to maintain (including the payment of utility costs therefor); Cp N CYN c-n (f) to pay all proper bills, taxes, charges and fees on a timely basis; and (g) to maintain its corporate status. ARTICLE X RIGHTS OF MORTGAGEES All Mortgagees shall have the following rights: Section 1. Notice. A Mortgagee shall be given written notification from the Association of the following: (a) any proposed action that would require the consent of a specified percentage of Mortgagees; (b) any default in the performance of any obligation under this Declaration or related Association documents by the Owner of a Lot that is the security for the indebtedness due the Mortgagee which is not cured within sixty (60) days after the Owner's receipt of notice of the default; (c) any condemnation or casualty loss that affects either a material portion of the Property or the Lot that is the security for the indebtedness due the Mortgagee; and (d) any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. Section 2. Unpaid Assessments. Any Mortgagee who obtains title to a Lot pursuant to the remedies provided in its mortgage or deed of trust, or foreclosure of the mortgage or deed of trust or deed in lieu of foreclosure will not be liable for such Lot's unpaid dues or charges which accrued prior to the acquisition of title to the Lot by the Mortgagee. Section 3. Books and Records. A Mortgagee shall have the right to examine the books and records of the Association during normal business hours and upon reasonable notice to the Association. Section 4. Notice. As outlined in later sections of this Article, Mortgagees shall have the right, upon request, to receive notice of (a) the decision of the Owners to abandon or terminate the Planned Unit Development (as defined by the Federal National Mortgage Association); (b) any material amendment to the Declaration, the Bylaws or the Articles of Incorporation; and (c) if professional management has been required by a Mortgagee, the decision of the Association to terminate such professional management and assume self -management. Section 5. Rights. Provided that improvements have been constructed in the Common Area and provided that a Mortgagee gives written notice to the Association that it has relied on the value of the improvements in making a loan on a portion or all of the Property, then such Mortgagee shall be further entitled to the following rights: I (a) Subject to the right of the Declarant to annex additional areas as provided in the Article entitled "General Provisions" herein, unless at least sixty-seven percent (67%) of the Members, and Mortgagees representing at least fifty-one percent (51 %) of those Lots that are subject to mortgages or Deeds of Trust have given their prior written approval, the Association shall not: (i) fail to maintain fire and extended coverage insurance on insurable parts of the Common Area or other Association property on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value, based on current replacement costs, not including land value; (ii) use hazard insurance proceeds for losses to the Common Area or other Association property for other than repair, replacement or reconstruction of such property; (iii) add or amend any material provision of this Declaration or related Association documents concerning the following: (1) voting rights of any Member; (2) assessments, assessment liens, or subordination of such liens; (3) reserve for maintenance, repair and replacement of those parts of the Common Area that may be replaced or require maintenance on a periodic basis; (4) insurance or fidelity bond; (5) responsibility for maintenance and repair of the Property; (6) annexation or withdrawal of property to or from the Property (other than annexation of those properties referred to in the Article entitled "General Provisions" herein); (7) leasing of Dwelling Units; (8) imposition of any right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey its property; (9) a decision by the Association to establish self -management when professional management has been required previously by a Mortgagee; (10) restoration or repair of the Property after a hazard damage or partial condemnation; Q N Cn —..J (11) reallocation of interests in the Common Area or rights to its use, except as provided in the Articles entitled "Voting Rights" and "Property Rights" herein; (12) converting Lots into Common Area or vice versa; (13) termination of the legal status of the Association after substantial destruction or condemnation of the subdivision occurs; and (14) any provisions that are for the express benefit of Mortgagees; (iv) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area. The re -subdivision and/or adjustment of boundary lines of the Common Area and the granting of easements by the Association shall not be deemed a transfer within the meaning of this clause; and (v) by act or omission, waive or abandon any scheme of regulations or their enforcement pertaining to the architectural design or the exterior appearance of Dwelling Units and their appurtenances, the exterior maintenance of Dwelling Units and their appurtenances, the maintenance of the Common Area, common fences and driveways and the upkeep of lawns and plantings in the Property. An addition or amendment to this Declaration or related Association documents shall not be considered material if it is for the purpose of correcting technical errors or for clarification only. A Mortgagee who receives a written request to approve additions or amendments who does not deliver or post to the requesting party a negative response within thirty (30) days of receipt of such request shall be deemed to have approved such request. (b) A Mortgagee may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon the lapse of a policy for such Common Area. The Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. (c) The assessments imposed by the Association shall include an adequate reserve fund for maintenance, repairs and replacements for those parts of the Common Area which may be replaced or require maintenance on a periodic basis. Such reserves shall be payable in regular installments rather than by Special Assessment. (d) In the event that there is a condemnation or destruction of the Common Area or other Association property, to the extent practicable, condemnation and insurance proceeds shall be used to repair or replace the condemned or destroyed property. (e) Should there be excess insurance or condemnation proceeds after the renovation, repair or reconstruction called for herein, such excess proceeds may be distributed equally to the Owners, apportioned equally by Lot, subject, however, to the priority of a CD N Cr q Mortgagee with regard to the proceeds applicable to the Lot securing said Mortgagee and in accordance with Virginia law. (f) The Association must provide an audited financial statement for the preceding fiscal year to a Mortgagee upon its written request. (g) Eligible Mortgagees representing at least sixty-seven percent (67%) of the votes of the mortgaged Lots must consent to the termination of the legal status of the project for reasons other than substantial destruction or condemnation of the Property. (h) The Association shall cause the immediate repair, reconstruction or renovation of any damage to the Common Area unless a decision not to repair, reconstruct or renovate is approved by all Mortgagees. ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration or other Association documents unless such right is specifically limited. Failure by the Association or by any Owner to enforce any right, provision, covenant or condition which may be granted by this Declaration shall not constitute a waiver of the right of the Association or an Owner to enforce such right, provision, covenant or condition in the future. All rights, remedies and privileges granted to the Association or any Owner pursuant to any term, provision, covenant or condition of the Declaration shall be deemed to be cumulative, and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies nor shall it preclude the party exercising the same from exercising such privileges as may be granted to such party by this Declaration or at law or in equity. Section 2. Severability; Headings; Conflict. Invalidation of any one of the provisions of this Declaration by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. Titles of paragraphs are for convenience only and are not intended to limit or expand the covenants, rights or obligations expressed therein. In the case of any conflict between the Articles of Incorporation and this Declaration, the Articles of Incorporation shall control; in the case of any conflict between the Declaration and the Bylaws, the Bylaws shall control. Section 3. Duration; Amendment. The covenants and restrictions of this Declaration shall run with 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, unless such right is specifically limited, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods often (10) years each, unless amended in whole or in part with the assent of at least three -fourths (3/4) of the Members. Any amendment must be properly O N CM k to executed and acknowledged by the Association (in the manner required by law for the execution and acknowledgment of deeds) and recorded among the appropriate land records. Notwithstanding what is stated above, Declarant reserves unto itself, and each Owner by acceptance of a deed or other instrument of conveyance to any Lot agrees, that Declarant shall have the right to unilaterally amend this Declaration or any corporate document related to the Association for the earlier of (i) ten (10) years from the date of the recordation of this Declaration; or (ii) until Declarant has conveyed all Lots in the Subdivision to third parties other than third party entities controlled by the Declarant, or any person or persons who hold a controlling interest in the Declarant. Section 4. Special Amendment. Notwithstanding anything herein to the contrary, the Declarant may unilaterally amend this Declaration for any reason prior to the conveyance of the first Lot to an Owner other than the Declarant, and thereafter may make any amendment required by any of the federal mortgage agencies, such as the Veterans Administration, Federal Housing Administration, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, or by the Court as a condition of the approval of this Declaration, by the execution and recordation of such amendment following notice to all Members. Section 5. Waiver. The Declarant, as the present most interested party in maintaining the high quality of development which by these covenants is sought to be assured for the Property, hereby expressly reserves unto itself (as long as these restrictions are in effect) the unqualified right to waive or alter from time to time such of the herein contained restrictions as it may deem best, as to any one or more of the Lots, which waiver or alteration shall be evidenced by the mutual written consent of the Declarant and the then -Owner of the Lot as to which some or all of said restrictions are to be waived or altered; such written consent to be duly acknowledged and recorded among the land records of Frederick County, Virginia. Section 6. Annexation of Additional Property. The Association may annex additional areas and provide for maintenance, preservation and architectural control of Lots and Common Areas within such areas, and so may add to its membership under the provisions of the Article entitled "Membership" herein, with the written consent of at least sixty-seven percent (67%) of the Class A Members; provided, however, that no such consent is required for the annexation by the Declarant of all or any part of any real property acquired by Declarant as anticipated herein, or otherwise. Upon the Declarant's purchase of any Phases as set forth herein, said Phases and the Lots therein shall be automatically annexed within the Association, and subject to this Declaration. Any future improvements on the annexed property must be consistent with or better than the initial improvements on the Property in terms of quality, design and construction and comparable in style, size and cost. Section 7. Withdrawable Real Estate. (a) The Declarant shall have the unilateral right, without the consent of the Class A Members or any Mortgagee, to execute and record an amendment to this Declaration withdrawing any portion of the Property on which Dwelling Units have not been constructed; provided, however, that not more than five (5) years have lapsed since the date of the recordation of this Declaration. 0 ry ,j . a (b) Upon the dedication or the conveyance to any public entity or authority of any portion of the Property for public street purposes, this Declaration shall no longer be applicable to the land so dedicated or conveyed.. Section 8. Management Contracts. For such time as the Declarant has Class B membership status, the Declarant shall have the right to enter into professional management contracts for the management of the Property for terms not to exceed one (1) year; provided, however, that the Association shall have the right to terminate such contracts upon sixty (60) days' written notice for cause, or upon ninety (90) days notice, without cause, to the other party and without payment of a termination fee. Section 9. Dissolution. The Association may be dissolved with the assent given in writing and signed by at least three -fourths (3/4) of each class of Members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association, both real and personal, shall be offered to an appropriate public agency to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by the Association. In the event that such offer of dedication is refused, such assets shall be then offered to be granted, conveyed or assigned to any and accepted by such non-profit corporation, trust or other organization devoted to similar purposes and in accordance with Virginia law. Any such dedication or transfer of the Common Area shall not be in conflict with the then -governing zoning ordinances or the designation of the Common Area as "open space". Section 10. FHA/VA Approval. If any of the Lots are security for a loan guaranteed or insured by VA or FRA, and if there is a Class B Member, the following actions will require the prior approval of the FHA or the VA: (a) annexation of additional properties, except the land described in the Section above entitled "Annexation of Additional Property"; (b) mergers, consolidations and dissolution of the Association; (c) mortgaging or conveyance of the Common Area; and (d) amendment of this Declaration. ARTICLE XII PARTY WALLS - PARTY WALLS AND FENCES Section 1. The general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto, except to the extent that such general rules of law have been modified in this Declaration. Section 2. Upkeep. The Owners served by a party wall shall provide for the upkeep and maintenance of the party wall and shall share equally all of the cost and expense of its upkeep CD 4 except as otherwise provided in this Article. If a party wall is destroyed or damaged by fire or other casualty, the Owners served by the party wall shall share equally the costs of the repair or relocation thereof except as otherwise provided in this Article. No Owner shall impair the structural integrity of any party wall or diminish the fire protection afforded by any party wall. Section 3. Cost of Upkeep, Repair or Restoration. The following procedures shall be followed in connection with the upkeep, repair or restoration of any party wall. (a) Notice to Other Owners. Any Owner served by the party wall shall notify the other Owner(s) served by the party wall of any proposal to maintain, repair or restore any party wall. If within ten (10) days after such notice (or in an emergency, within twenty-four (24) hours after such notice or a bona fide attempt to give such notice) the other Owner has not responded to the notice, then the Owner giving notice may proceed with the repairs. Such repairs must be substantially similar to the original construction and installation of the party wall and of first class quality, but may be made with contemporary materials. (b) Cooperative Action. If the other Owner served by the party wall responds to the notice, the Owners shall act together to maintain, repair or restore the party wall. The Owners shall attempt in good faith to agree upon the action to be taken. (c) Contribution of Cost. If any Owner maintains, repairs or restores a party wall in accordance with this Section, then the other Owner shall contribute one-half (1/2) of the cost thereof. An Owner may, however, demand a larger contribution from the other Owner or refuse to contribute one-half (1/2) of such costs, under any rule of law or equity regarding liability for negligent or willful acts or omissions. Any Owner's refusal to contribute one-half (1/2) of the costs of the maintenance, repair or restoration of a party wall shall be subject to arbitration. (d) Association Rights. To the extent that any failure to maintain, repair or restore a party wall affects the use and enjoyment of any Common Element, any Limited Common Element or appearance of the Property, the Association may participate in the maintenance, repair or restoration of the party wall and, in an emergency situation threatening life or property, may make such repair without notice to the Owners. The Association may assess the cost of such maintenance, repair or restoration against the Owners responsible for the damage or benefiting from the maintenance, repair or restoration pursuant to Article VII, §— S and 6 hereof. Section 4. Liability. Any Owner, who by a negligent or willful act or omission, causes or permits a party wall to be damaged shall pay the cost of repairing or restoring such party wall to its condition prior to such damage. Section 5. Fences and Other Barriers. The provisions of this Article pertaining to party walls shall also govern any fence, other barrier or shared improvement originally installed by the Declarant (except for fences or barriers installed in connection with construction activities) and to any replacement thereof authorized by the Board of Directors or the Architectural Review Committee; otherwise, the upkeep of any fence, other barrier or improvement shall be the responsibility of the Owner installing such fence, barrier or improvement unless different arrangements are agreed to by the adjoining Owners. Section 6. Right to Contribution Runs With Land. Rights and duties of contribution set forth in this Article and any such rights and duties arising under the laws of Virginia shall run with the land and bind successors in interest. This Article shall not prejudice any right of a successor in interest to recover any amount from a predecessor in title for which such predecessor was liable. Any rights of contribution set forth in this Article shall constitute a lien in favor of any Owner entitled to contribution against any Owner obligated to pay such contribution. Until fully paid and satisfied, the lien shall apply to and encumber all of the Lots that were owned, as of the date when payment was due, by the Owner from whom payment was due, and shall also apply to and encumber any and all Lots thereafter acquired by that Owner from the time such Owner becomes the Owner thereof. The lien created by this Section shall be prior to all liens and encumbrances, except Mortgages, real estate taxes and other charges levied by governmental authority made superior as a matter of law, and the Association's lien established in Article S, § I hereof. (SIGNATURE PAGE FOLLOWS) O N) WITNESSETH, the following signatures and seals: BROOKLAND MANOR, L.C. A Virginia ' F ability company By: (Seal) Its: COMMONWEALT OF VIRGINIA CITY/COUNTY OF �cj( , TO WIT: The foregoing instrument was acknowledged by O A/1(� (i1 of Brookland Marx �11111 My Commission g151 esgl' ``0 ...... t, -a,�� 'NOTARY - 0:. PUBLIC REG # 266226 = MY COMMISSION n • EXPIRES ' 2 'ram; 02128I2010LT ;' C� me this day oi�2008, �1 .1 A 1/ 1 i-40Lary ruviiu ! I Registration No. Q l 12 BROOKLAND MANOR PROPERTY OWNERS' ASSOCIATION, INC. A Virginia Non -Stock Corporation By: (Seal) Its: COMMONWEALT --OF VIRGINIA CITY/COUNTY OF (, TO WIT: The foregoing instrument was acknowledged hore me this day o a�t, 2008, by al �l� 4 ��t�-1 of Brookland perty Mai r, ers' Atso!ci�ation, Inc. IU otary, Public Registration No. � p� My Commission expires: e -� � ' � � ( a ,�0�11111111111�,' R VIRGINIA: FREDERICK COUNTY.SCI'. ��,0�.�'NOTARY� �.�0:' This instrument of writing was produced to me on REIC G# 2 MY COMMISSION i at : o • EXPIRES r with certificate acknowledgement thereto annexed '.�2�'•• 02/28/2010 .�QO= ,admitted to record. Tax imposed by Sec. 58.1-802 of •N'17.J .• /"/A '1#0804114144 , and 58.1-801 have been paid, if assessable. J_j,. Aeee t , Clerk L I I I COMMONWEALTH OF VIRGINIA , 1 '1j I IFFICIAL PT FREDEPICr CIRCUITICOURT DEED RECEIPT DATE: 09111/ 8 TIME: 14:52:06 ACCOUNT: OLHLR08001014' RECEIPT: 0800001810' r CASHIER: SSM KEG: WE17 TYPE: DV-PL PAYMENT: FULL PAYMENT INSTRUMENT : 08f,010743 BOOK: PAGE: RECORDED: 0?111!42 AT 14:52 GRANTOR: BROOKLAND MANOR LC €X: N LUC: CO ~' GRANTEE: BROOKLAND MANOR LC EX: N PCT: 100Y AND ADDRESS RECEDED OF : DAYID HOLLIDAY DATE OF DEED: +79!11/08 CHECK: $21.+10 DESCRIPTION I.- P.B DIST PAGES: 7 O/P ,, - - 2: BROOKLAND MANOR. PH 3 NAMES: D CONSIDERATION: .DD ANAL: .+00 MAP: 54-2-6 PIN: 301 DEEDS 14.50 145 VSLF 1.5� 106 TECHNOLOSY TRST FND 5.40 i TENDERED : 21.00 AMOUNT PAID: 21.00 1 CHANGE ANT : .00 CLERK: OF COURT: REBECCA P. HOGAN i I i a i + DC-18 (1/90) O 080010'743 This instrument was prepared by Kimberly M. Athey, Esquire. C- C:>)21'_ THIS DEED OF SUBDIVISION OF PHASE THREE made this � day of � t, �-- 2008, by BROOKLAND MANOR, L.C., a Virginia limited liability company, GRANTOR and GRANTEE, whose address is 420 W. Jubal Early Drive, Suite 103, Winchester, Virginia 22601. WITNESSETH: WHEREAS, Brookland Manor, L.C. is the owner of a tract of land, containing 1.05 acres, and is the residue of a 7.35 acre tract of land identified as Frederick County PIN 54-2-6, and acquired by the company by instrument of record in the aforesaid Clerk's Office as Instrument #050018510, said 1.05 acre tract having been created by Deed of Subdivision of Phase Two, dated J#o-, ` / / 2008, and recorded in the aforesaid Clerk's Office as Instrument # (hereinafter "Property"), which Property is more particularly described and set forth on a plat prepared by David B. Weems, P.E., entitled "FINAL PLAT OF SUBDIVISION, BROOKLAND MANOR PHASE 3, LANDS OF BROOKLAND MANOR, L.C., RED BUD DISTRICT, FREDERICK COUNTY, VIRGINIA" dated May 13, 2008, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS, Brookland Manor, L.C. desires to subdivide the Property as set forth on the attached and incorporated Plat; and to reserve a 10' foot permanent easement across each Lot created hereby along any lot line that adjoins any road or street shown on the attached and incorporated Plat and also to reserve a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. NOW, THEREFORE, WITNESSETH, in consideration of the premises, Grantor does hereby subdivide and create the parcels as said parcels are set forth on the attached and incorporated 1 O N Plat, said parcels being Lots 49 through 68, inclusive, Brookland Manor Subdivision, Phase 3. This subdivision is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation, the Frederick County Sanitation Authority, and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The platting and dedication of the aforementioned parcels is with the free consent and in accordance with the desire of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby reserve a 10' foot permanent easement across each Lot created hereby along any property line that adjoins any road or street shown on the attached and incorporated Plat and also reserves a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. WITNESS the following signature and seal: BROOKLAND MANOR L.C. By: Dav' lliday, er 2 .k ©` STATE OF VIRGIN CITY/COUNTY OF,e , to -wit: N I, 0 1 ,f LAfLc)N_, a Notary Public in and for the State and City/County aforesaid, do certify that David B. Holliday, Manager of Brookland Manor, L.C., wh.Qps,,e, �narpe is signed to the foregoing Deed of Subdivision of Phase Three, dated the day of,4 -2008, has this day personally appeared and acknowledged the same before me in the State and City/County aforesaid. Given under my hand this day of ` , 2008. My Commission expires: , -�"2 d f l' Notary Public Registration No. c2� `,Y•`, •.••••�,•••.• S0 w :� N�TA Y •• pUBUC REG 6 :? Z # .. 26622 MY COMN+►SSON EXPIRES ,•� 3 Y ra F — �,- ,s r • VICINITY MAP Scale: 1 "= 2000' N Virginia 0eportme,nt of Transportation Mt FeWrick County Sanitation Authority Date Fr6d'&Of County Subdivision Administrator Dot ,91 OWNER'S CERTIFICATE: The above and foregoing subdivision of BROOKLAND MANOR PHASE 3 as appears on the accompanying plat, is in accordance with the free consent and desires of the undersigned owner(s), proprietor(s) and trustee(s), if any. By. BROOKLAND N R, L.C. COMMONWEALTH OF VIRGINI CITY / COUNTY OF �{ THE F ECG J01(VG IN TRU N W 2 CKNOWLEDGED BEFORE ME THIS cJ' DAY OF U e- 200 E BY �' h."A MY COMMISSION EXPIRES l p' 3 2a 11 01 • �P TARP PUBLIC ENGINEER'S CERTIFICATE: I, David B. Weems, being a licensed professional engineer in the Commonwealth of °'��, ••..,...t,G�?;,�` '. Virginia, do hereby certify that, to the best of my knowledge and belief, the land contained in the subdivision shown herein is a portion of the property conveyed to Brooklond Manor, L.C., by deed dated August 17, 2005, recorded amongst the land records of Frederick County as Instrument Number 050018510. 'T�iA � A:= 14 1 -�' � a DAVID B. WEEMS, P.E. LIC. 11022971 1 0 AVID B. WEEMS 9 Lic. No. 022971 DATE: AUGUST 2007 COVER SHEET SHEET 1 OF 3 FINAL PLAT OF SUBDIVISION 0 Dewberry BROOKLAND MANOR PHASE 3 SjONAL� Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 DRAFTED CHECKED Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICK COUNTY,VA. PROJ. NO. DWG. NO. www.dewberry.com 10008400 RPA-690-LC BROOKLAND MANOR Y OUTLOT 1 EX. 25' SAN. SEWER E R a INST # /* 01 p 7 O D.B. 580/346 SIC m w w < o EX. INGRES / EGRESS EST =ftz U-j INST.# GY //'iy / o No z N EX. FCSA 3EWER & o WATER ES T Q Q INST.# (1r */v7yj SS EX �TORM Yo m FlB 'Q/�y ` SEWER ESMT o Q '9C� I ST.# a Ff EX ROOKLAND y LANE R/W (RTE 658) ccr x. 10' INST. #020011392 S ES INST. d)"00/Gy I 20' RO INST.&/ QAq�w'4 Y ►u ``J I o' N I�-Dw W XQ w(D w o a o 0 0 00 N w m I '' V I o w 00 o z 0 z X w 0 SETBACK LOT 56 0 3,000 S.F. SO '54'27"E 100.00' o 0 LOT 55 _ 2,000 S.F. o N 05'54'27"E 100.00' o o LOT 54 2,000 S.F. i Q 05'54'27"E' 100.00' Fq o _ LOT 53 2,000 S.F. Y o P. 0 05'54'27"E 100.00' a o o LOT 52 _ 2,000 S.F. N 5'54'27"E 100.00' z b o _ LOT 51 2,000 S.F. �� o i i Q 05'54'27"E' 100.00' 4. o LOT 50 _ 2,000 S.F. a 0 05'54'27"E _1Q0 ' 0 "' 3,000 S.F. o - 50' o LOT 49 sox, ' 19 35, SO 54'27"E 81.cl I y� y � 40' cn w � M �3 0 CD 00 d- co (n I �Ro y, q 2�6S826L \ 1y, LOT 68 2,895 S.F. S05'54'27"E _ 100.00' °O T �C a LOT 67 2,000 S.F. °D , �� _ 100.00' C14o 0 004, 10 LOT 66 2,000 S.F. o � EX. 10' z S05'54'27"E _ 100.00' GAS ESM'T LOT 65 CDM INST. odh 0 3,000 S.F. "' --LL)LU:) :)�4 VY o 4'2� 100.00- w 00 LO LOT 64 g 3,000 S.F. o S05'54'27"E _ 100.00' o / LOT 63 2,000 S.F. o X S05'54'27"E _ 100.00' o o �`' o •\� LOT 62 2,000 S.F. o �0- 5'54' 7"E _ 100.00' LOT 61 2,000 S.F. I o q� w In, S05'54'27"E _ 100.00 N �. LOT 60 2,000 S.F. o O 5 S05'54'27"E _ 100.0 ' o LOT 59 2,000 S.F. o LO 0 0 N • 4, 7"E _ 100. N C2 LOT 58 2,000 .F.' I o S05'54'27"E _ 1 0.00cb LOT 57 Q� V N05'54'27"W 100. EX TRA 20' RO AY X. STO INST. # 3,000 S.F. (7�o '54'27"W 100.00' �' GRAP IC y ALE 0 / 10 40 80 SET CK SEWER ES T. INST.#69'00%j 05.5' 1. l"*-INGRESS/\ B)R6KLAND MAN EGRESS ESMT RC B INST.# r'00/0 f / / Amw ( PHA E 1 59.5' INS .# DATE: AUGUST 2007 SCALE: 1" = 40' SHEET 2 OF 3 9 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PHASE 3 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTYNA. (* FEET )/ 1 ipch = 40/ft. FEMSAVID. Lic. o. Q22971 > <- (jo�")A ' DRAFTED CHECKED CLM DBW PROJ. NO. DWG. NO. 10008400 RPA-690-LC NOTES. c c 1. THE PROPERTY DELINEATED ON THIS PLAT IS DESIGNATED AS TAX MAP .- AMONGST THE LAND RECORDS OF FREDERICK COUNTY, VA. Cn 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE ALL EASEMENTS AND/OR ENCUMBRANCES MAY NOT BE SHOWN. J. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY APPEARS TO BE SITUATE IN ZONE "A6"— AREA OF 100 YEAR FLOODING, BASE ELEVATIONS & FLOOD HAZARDS DETERMINED & ZONE "C"— AREA OF MINIMAL FLOODING PER FEMA F.LR.M COMMUNTIY PANEL NO. 510063 0115B, DATED JULY 17, 1978. ACTUAL ELEVATION CAN ONLY BE DETERMINED BY A FLOOD ELEVATION CERTIFICATE. 4. BOUNDARY INFORMATION TAKEN FROM A SURVEY PERFORMED BY DEWBERRY IN NOVEMBER/DECEMBER 2005, ENT17LED "PLAT OF RESURVEY, LANDS OF BROOKLAND MANOR, LC'; INST.#060002565. AREA TABULATION ZONE: RP USE: RESIDENTIAL OLD: RESIDUE 54-2-6: NEW: LOT AREA: 45,893.81 S.F. OR 1.05 AC. 45,893.81 S.F. OR 1.05 AC. DATE: AUGUST 2007 I NOTES I SHEET 3 OF 3 1 • Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PHASE 3 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTY,VA. A DAVID B. WEEMS � Lic. No. 022971 DRAFTED CHECKED CLM DBW PROJ. NO. DWG. NO. 10008400 RPA-690-LC C3 CV C3" VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on , ?" /1 ')-OD? at �:- /Q 2 .�. and with certificate acknowled-,ement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ , and 58.1-801 have been paid, if assessable. 46aa l' -�� , Clerk j II ! COMMONWEALTH OF VIRGINU I � WFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 09/11108 TINE: 14:43:10 ACCOUNT: 00CLROB0010742 RECEIPT: 08000018194 CASHIER: SSM REG: NE17 TYPE: PM PAYMENT: FULL PAYMENT 1 ' INSTRUMENT • 080010742 BOOK: PAGE: RECORDED: 04f11!08. AT 14:4? GRANTOR. BROOKLAND MANOR LC EX: N LOC: CO GRANTEE: BROOKLAND MANOR LC EX: N PCT: 100Y AND ADDRESS : RECEIVED OF : DAVID HOLLIDAY CHECK: i21.00 DESCRIPTION 1: R B DIST (04-8784. 05-18510) PAGES: 4 ON 0 � - P: BROOKLAND MANOR. PH 8 NAMES: 0 CONSIDERATION: .00 ANAL: .00 MAP: MISC PIN: 301 DEEDS 14.50 145 VSLF 1.50 105 TECHNOLOGY TRST FND 5.00 TENDERED : 81.00 AMOUNT PAID: 21.00 j CHANGE AMT : ,0r} .� f . CLERK OF COURT: REBECCA P. HOBAN CD N 080010742 This instrument was prepared by Kimberly M. Athey, Esquire. THIS DEED OF SUBDIVISION OF PHASE TWO made this -//— day of:o t; 2008, by BROOKLAND MANOR, L.C., a Virginia limited liability company, GRANTOR and GRANTEE, whose address is 420 W. Jubal Early Drive, Suite 103, Winchester, Virginia 22601. WITNESSETH: WHEREAS, Brookland Manor, L.C. is the owner of two tracts of land; the first tract containing 0.38 acres, is the residue of a 3.18 acre tract of land identified as Frederick County PIN 54-2-5, acquired by the company by instrument of record in the Circuit Court Clerk's Office of Frederick County, Virginia, as Instrument 4040008784, and the second tract containing 1.96 acres, is the residue of a 7.35 acre tract of land identified as Frederick County PIN 54-2-6, and acquired by the company by instrument of record in the aforesaid Clerk's Office as Instrument #050018510, said 0.38 acre and 1.96 acre tracts having been created by Deed of Subdivision of Phase One and T2- 1n ,�,,¢ Dedication and Easement, dated �uLy. _, 2008, and recorded in the aforesaid Clerk's Office as Instrument # MOO le �i 1, (hereinafter "Property"), `:which Property is more particularly described and set forth on a plat prepared by David B. Weems, P.E., entitled "FINAL PLAT OF SUBDIVISION, BROOKLAND MANOR PHASE 2, LANDS OF BROOKLAND MANOR, L.C., RED BUD DISTRICT, FREDERICK COUNTY, VIRGINIA" dated May 13, 2008, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS, Brookland Manor, L.C. desires to subdivide the Property as set forth on the attached and incorporated Plat; and to reserve a 10' foot permanent easement across each Lot created hereby along any lot line that adjoins any road or street shown on the attached and incorporated Plat and also to reserve a 10' permanent easement across each Lot created hereby C) N along the rear lot line of each Lot. NOW, THEREFORE, WITNESSETH, in consideration of the premises, Grantor does hereby subdivide and create the parcels as said parcels are set forth on the attached and incorporated Plat, said parcels being Lots 25 through 48, inclusive, Brookland Manor Subdivision, Phase 2. This subdivision is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation, the Frederick County Sanitation Authority, and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The platting and dedication of the aforementioned parcels is with the free consent and in accordance with the desire of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby reserve a 10' foot permanent easement across each Lot created hereby along any property line that adjoins any road or street shown on the attached and incorporated Plat and also reserves a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. WITNESS the following signature and seal: BROOKLAND MANOR, L.C. By: At, ---f Da ' lliday, ger PA Q > STATE OF VIRGIN t. CITY/COUNTY OF WAYWAYi CAL , to -wit: CTi I, Oki a a Notary Public in and for the State and City/County aforesaid, do certify that David B. Holliday, Manager of Brookland Manor, L.C., whose name is signed to the foregoing Deed of Subdivision of Phase Two, dated the day of-4444 2008, has this day personally appeared and acknowledged the same before me in the State and City/County aforesaid. Given hand this l day c�008:r"' under my of My Commission expires: 2 ,2212 D 10 Nog Public Registration No. NOTARY '•�� Z PUBLIC 2 RE G # 266226 MY COMMISSION ; t p ' EXPIRES %? '•. 02/28/201 ?� 0 .'' 011 ,. O '•.....•' ����� 3 :tea r y _ I • VICINITY MAP Scale: 1 "-- 2000' Q t � Virginia Depar ment of r sportotion to ';:Z� "-'Ooez/�� 1dr.140N ap Fre County Sanitation Authority Date Fred'erick County Subdivisi n Administrator D e OWNER'S CERTIFICATE The above and foregoing subdivision of BROOKLAND MANOR PHASE 2 as appears on the accompanying plat, is in accordance with the free consent and desires of the undersigned owner(s), proprietor(s) and trustee(s), if any. By. BROOKLAND AF40R, L.C. COMMONWEALTH OF VIRGI,�VIiLt-�'� CITY / COUNTY OF 6 E tREGOYIG1� 1# TR ESACKN LEDGED BEFORE ME THIS � DAY OF �r�e 200F MY COMMISSION EXPIRES G�... M41 OTARY PUBLIC ENGINEERS CERTIFICATE 1, David B. Weems, being a licensed professional engineer in the Commonwealth of "'�� •' (.� Virginia, do hereby certify that, to the best of my knowledge and belief, the land"�''.,,,,,,,,i„�•''+ . contained in the subdivision shown herein is a portion of the property conveyed to Brooklond Manor, L.C., by deed dated May 15, 2004, recorded amongst the land records of Frederick County as Instrument Number 040008784 and by deed dated August 17, 2005, recorded amongst the land records of Frederick County as Instrument Number 050018510. ��yTH OF L� DAVID B. WEEMS, P.E. LIC. #022971 AVID B. WEEMS Lic. Nor d0 2971 DATE: AUGUST 2007 COVER SHEET SHEET 1 OF 3 C� Ira ' FINAL PLAT OF SUBDIVISION J ll �o 10� Dewberry BROOKLAND MANOR PHASE 2sjONAL Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 DRAFTED CHECKED Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICK COUNTY,VA. PROD. NO. DWG. NO. www.dewberry.com 10008400 RPA-689-LC BROOKLAND -_ ' EL PARC MANOR pH 'A -- — �` eo sr7r aar saw EX. INGRESS/ EX. FCSA SEWER EGRESS ESMT & WATER ESMT. INST.##r00(/7` t INST.# 0JVdA' D'7y/ N48'2429"W ' 8.75'- EX. STORM SEWER ESM 20' PARKING SETBACK S65'54'27"E 98.52' N 0 J C r� Lu. N Cz �- Cr 0 (V N Li W, 0 rr; it CV C 0C 0 °C J Z OT 35 FSOF5'54'2LE ,645 S.F. 0 100.00' Y 0 0 _ LOT 34 2, 000 S.F. m o Q N S05'54'27"E 100.00' N N o _ LOT 33 2, 000 S.F. Z o0 N S0554'27"E lof� N o _ _100.00' LOT 32 3,000 S.F. b o o EX. FCSA SEWER oo & WATER ESMT. — — I Q M �n p t -I 1 N05'54"27"W 100.00' r40' m o w 0 J � 'n p O 00 J � 0 J 3 Z O 0 zt V) W GRAPHIC SCALE 0 10 40 ry W I ( IN FEET) / _ 1 inch = 40 ft. SIDE SEBACKER S05'54'27"E 10 A=20.05' LOT 48 3,245 S.F. \ S05'54'27"E ;;b C w c � R z i 0 0 c Z N Qc w N° , LOT 47 2,034 S.F. -A=20.53' „ Y 05' 4 27E_c A=3.50' LOT 46 m 2,000 S.F. w Y S05'54'27"E ¢ LOT 45 a ►m- 2,000 S.F. W ,cwn S05'54'27"E -� �z LOT 44 LJ O 2,000 S.F. W U S05-54927"E C14 LOT 43 m 3,000 S.F. N05'54'27"W , o a 0 0 ort X w� o o 'N �r �- N o V) N I 3� > Ed oZ wcnz11 100.0 'N w O IO ID LO o 00 p �100.0'Nc00nw 5 O i 1I 20' LOT 42 3,000 S.F. S05'54'27"E _ LOT 41 Y 2,000 S.F. a ISOr 5'54'27"E - m LOT 40 N, 2,000 S.F. a S05'54'27"E - LOT 39 2,000 S.F. S05'54'27"E _ � LOT 38 2,000 S.F. ,m, �S05'54'2710E - °'' LOT 37 0 2,000 S.F. S05'54'27"E - LOT 36 3,000 S.F. 100.00, o o ~ w 50- ¢ u, O Q 0� U j W W� 00.00' o w (o Q I of N a I ¢I X w �3 ? O 00.00' N a-w cwn o o ,o = o a 0 of 0 �z p 100.0 'N n a 0 zt oI 0- 0 rlf 0 0 , 100.0 N N <I Y O m0 ~ � X 0 Z wo — _ O 9m 35' R/W SETBACK S05'54'27"E 100.00' N05'04'27"W 100.00' BROO KL LN�MANOR PHASE 1 — =RM--SFWE PARCEL A INST.# 0r4pld 7yT77" INST.# EX. 10' GAS EX. INGRESS/ EX. VDOT SIDEWALK ESM'T o EGRESS ESMT MAINT. EASEMENT INST.#QY00`0?11/ INST.##f ee11g'7i%/ INST.# W001o7q _ EX. BROOKLAND LANE R/W (60') (RTE 658) INST. #020011392 INST. # i/ rA010% ' -E- 106: FO= LOT 31 S.F. 0 s3,000 EX 0' 20' ' S01 4'27"E 1 0 o LOT 30 2,000 S.F. co p.� S05'54'27"E 100.00' o LOT 29 2,000 S.F. N S05'54'27"E 100.00' o LOT 28 co 2,000 S.F. N S05'54' 7" _ J-O Y N o o LOT 27 2,000 S.F� ¢ ml o o S0 o 0 LOT 26l 2,000 S.F. 0 o N S05'54'27"E 100. ' 0 0 LOT 25 3,000 S.F. b N o 0NO 35' R/W SETBACK 0 DATE: AUGUST 2007 1 SCALE: 1" = 40' I SHEET 2 OF 3 �/1 Y v�� D VID .WEEDS Lic. No. 22971 0 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PHASE 2 LANDS OF BROOKLAND MANOR, L.C. "SIGNAL 2; DRAFTED CHECKED Leesburg, Virginia 20176 CLM DBW Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT PROJ. N0. DWG. N0. Fax 703.771.4091 FREDERICKCOUNTY,VA. www.dewberry.com 10008400 RPA-689-LC NOTES. c ) i 1. THE PROPERTY DELINEATED ON THIS PLAT IS DESIGNATED AS TAX MAP c� AMONGST THE LAND RECORDS OF FREDERICK COUNTY, VA. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE ALL EASEMENTS AND/OR ENCUMBRANCES MAY NOT BE SHOWN. 3. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY APPEARS TO BE SITUATE IN ZONE "A6"— AREA OF 100 YEAR FLOODING, BASE ELEVATIONS & FLOOD HAZARDS DETERMINED & ZONE "C"— AREA OF MINIMAL FLOODING PER FEMA F.I.R.M COMMUNTIY PANEL NO. 510063 0115B, DATED JULY 17, 1978. ACTUAL ELEVATION CAN ONLY BE DETERMINED BY A FLOOD ELEVATION CERTIFICATE. 4. BOUNDARY INFORMATION TAKEN FROM A SURVEY PERFORMED BY DEWBERRY IN NOVEMBER/DECEMBER 2005, ENTITLED "PLAT OF RESURVEY, LANDS OF BROOKLAND MANOR, LC-, INST.#060002565. AREA TABULATION ZONE: RP USE: RESIDENTIAL OLD: RESIDUE 54-2-5: 16,426.46 S.F. OR 0.38 AC. RESIDUE 54-2-6: 85,391.85 S.F. OR 1.96 AC. TOTAL: 101,818.31 S.F. OR 2.34 AC. NEW: LOT AREA: RESIDUE 54-2-6: TOTAL: 55,924.50 S.F. OR 1.28 AC. 45,893.81 S.F. OR 1.05 AC. 101,818.31 S.F. OR 2.34 AC. CURVE TABLE CURVE RADIUS ARC TANGENT DELTA CHORD CH BEARING Cl 34.50' 10.15' 5.11' 16'50'57" 10.11' S70'40'04"W C2 65.50' 44.08' 22.91' 38'33'40" 43.26' S64'4843"W DATE: AUGUST 2007 1 NOTES SHEET 3 OF 3 9 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com D40D . WEEMS � Lic. No. 122971 og �1 FINAL PLAT OF SUBDIVISION -111;4 BROOKLAND MANOR PHASE 2 LANDS OF BROOKLAND MANOR, L.C. DRAFTED CLM RED BUD DISTRICT PROJ. NO. FREDERICK COUNTY,VA. 10008400 CHECKED DBW DWG. NO. RPA-689-LC d W ko VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on p and with! certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable. 4Le4 , Clerk COMMONWEALTH OF VIRGINIA I i ?E*ICIAL RECEIPT _ FREDERICK CIRCUIT COUPT ?SEED RECEIPT DATE; 09r1110I1 TINE: 1±:3B:C4 ACCOUNT: 0PCtR080010741 RECEIPT: rrBrnn^fE!° 'ASHIER: SSM RE6 NE17 TYPE: DOD-PL PAYMENT: >LLL PAYMENT ?NSTRLNEN- 0800HI&I Sty#:: PAGE: R'CORDED. r,�;ll �!� A? f�01 aiRANTOR: BROO'LAND MANOR tC EX: N t0 : CO GRANTEE: rONNONNEALTH OF VIE61NIA EX: N PH: AAWY AND ADDRESS . - RECEIVED OF . DAVID HOLLIDAY DATE Of DEED: 9/1111H NECV: $36.011 DESCRIPTION 1: R B DIST PHES: 15 "!P ,; B: BROOKLAND MANOR. PH 1 NAMES: CONSIDERATION: .00 ANAL: a10 NAP: 54-3-5 PIN: 301 DEEDS 20r50 145 VZLF lA6 TECHNOLOGY TRST FND 5.00 035 V5.P PEE 1.in TENDERED AMOUNT PAID: CHANSE AN7 {. CLERK. OF COURT: REBECCA P. HOBAN DC-18 (1/90) C N o $ 0 U 10 7 1 This instrument was prepared by Kimberly M. Athey, Esquire. Cho THIS DEED OF SUBDIVISION OF PHASE ONE AND DEDICATION AND EASEMENT made this day of � 0 J 8, by BROOKLAND MANOR, L.C., a Virginia limited liability company, GRANTOR and GRANTEE, whose address is 420 W. Jubal Early Drive, Suite 103, Winchester, Virginia 22601, the COMMONWEALTH OF VIRGINIA, GRANTEE, and FREDERICK COUNTY SANITATION AUTHORITY, a Virginia corporation organized and existing under the provisions of the Virginia Water and Sewer Authorities Act (Code of Virginia Section 15.1-1239 et seq.), GRANTEE. WHEREAS, Brookland Manor, L.C. is the owner of two tracts of land; the first tract containing 3.18 acres, is identified as Frederick County PIN 54-2-5, and was acquired by the company by instrument of record in the Circuit Court Clerk's Office of Frederick County, Virginia, as Instrument #040008784; and the second tract containing 5.99 acres, was created by Deed of sue, i/ T7—Subdivision, dated July- _, 2008, and recorded in the aforesaid Clerk's Office as Instrument # M0I o 7 yd , and is the residue of a 7.35 acre tract of land identified as Frederick County PIN 54-2-6, and acquired by the company by instrument of record in the aforesaid Clerk's Office as Instrument #050018510, (hereinafter "Property"), which Property is more particularly described and set forth on a plat prepared by David B. Weems, P.E., entitled "FINAL PLAT OF SUBDIVISION, BROOKLAND MANOR PH. 1, LANDS OF BROOKLAND MANOR, L.C., RED BUD DISTRICT, FREDERICK COUNTY, VIRGINIA" dated May 13, 2008, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS, Brookland Manor, L.C. desires to subdivide the Property as set forth on the 1 0 �v attached and incorporated Plat; to convey and dedicate for public right-of-way that portion of the Property shown and set forth on the attached and incorporated Plat as "HEREBY DEDICATED FOR PUBLIC RIGHT-OF-WAY"; to convey the sidewalk maintenance easement shown and set forth on the attached and incorporated plat as "VDOT SWLK MAINT. ESMT."; to convey the sewer and water easements shown and set forth on the attached and incorporated Plat as "FCSA 30' SEWER & WATER ESMT." and "FCSA SEWER & WATER ESMT."; to create the other and various easements set forth on the attached and incorporated Plat to facilitate the development of the Property; and to reserve a 10' foot permanent easement across each Lot created hereby along any lot line that adjoins any road or street shown on the attached and incorporated Plat and also to reserve a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. NOW, THEREFORE, WITNESSETH, in consideration of the premises, Grantor does hereby subdivide and create the parcels as said parcels are set forth on the attached and incorporated Plat, said parcels being Lots 1 through 24, inclusive, and Open Space Parcels A and B, Brookland Manor Subdivision, Phase 1. This subdivision is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation, the Frederick County Sanitation Authority, and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The platting and dedication of the aforementioned parcels is with the free consent and in accordance with the desire of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby grant and convey to the Commonwealth of Virginia and dedicate for public right-of-way that 2 CD PO C=) portion of the Property set forth on the attached and incorporated Plat, and designated thereon as "HEREBY DEDICATED FOR PUBLIC RIGHT-OF-WAY." Said dedication is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The dedication of this public right-of-way is with the free consent and in accordance with the desire of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby grant and convey to the Commonwealth of Virginia the sidewalk maintenance easement as shown and set forth on the attached and incorporated plat as "VDOT SWLK MAINT. ESMT." Said conveyance is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation and Frederick County, Virginia as evidenced by the signatures set forth on the attached and incorporated Plat. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby grant and convey to the Frederick County Sanitation Authority permanent water and sewer easements over and across the Property as shown and set forth on the attached and incorporated Plat as "FCSA 30' SEWER & WATER ESMT." and "FCSA SEWER & WATER ESMT."; Said conveyance is made with the consent and approval of the appropriate authorities of the Frederick County Sanitation Authority and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The permanent easements herein conveyed grant to the Frederick County Sanitation Authority and its successors and assigns the perpetual right to install, lay, and maintain works t C7- N f V- and systems for the collection and transmission of water, sewage, and/or waste water, iri'Mding the right to go on, over and upon the said permanent easements for the purpose of installing, laying, maintaining, repairing, and replacing the same as needed. Grantor shall retain the right to use its lands which are subject to the easements acquired herein in any manner which does not interfere with the use and enjoyment of the rights of the Frederick County Sanitation Authority and its successors and assigns. Grantor shall at all times have the right to cross over and upon the said easements and to use the surface over the easements in such manner as will neither injure or interfere with the construction, operation, or maintenance of the works and systems for the collection and transmission of water, sewage, and/or waste water, except that no building or other structure shall be erected over said permanent easements. Whenever the enjoyment of its rights hereunder requires the Frederick County Sanitation Authority to disturb the surface of the ground, it shall be the obligation of the Frederick County Sanitation Authority, at its expense, to restore the ground to its condition prior to being so disturbed. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby create and establish the other and various easements as shown and set forth on the attached and incorporated Plat, including those for storm sewer, ingress and egress, and gas, which easements shall run with the land and shall benefit and be binding upon the owner(s) of the Property, and their respective heirs, successors, and assigns. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby reserve a 10' foot permanent easement across each Lot created hereby along any property line that adjoins any road or street shown on the attached and incorporated Plat and also reserves a N 0 O fV N 10' permanent easement across each Lot created hereby along the rear lot line of each LotN WITNESS the following signature and seal: BROOKLAND MANOR, L.C. Lo STATE OF VIRGIN CITY/COUNTY OF 1 p,,� , to -wit: I, If�1DkI M ± �>11, a Notary Public in and for the State and City/County aforesaid, do certify that David B. Holliday, Manager of Brookland Manor, L.C., whose name is signed to the .ng Deed of Subdivision of Phase One and Dedication and Easement, dated the t day o , 2008, has this day personally appeared and acknowledged the same before me in the State and City/County aforesaid. Given under my hand this day off g 008. My Commission expires: fiq o -' �/ •.•` BURLS'•.. Y• ire•••••°: .(1 a`® � e NOTARY •'•.02 0 PUBLIC i REG # 266226 IS SS ON • • MY COMM• - n EXPIRES o� ••.• 0212812010;�� 0 a Notary Public 26 Registration No. 5 +• F{hid".' Il �„�� L r , t v nQ v : Y r t .ram ",,.� `, ff », 1 f��' �r' �'Jr i \. ,• () .• _i- VICINITY MAP Scale: 1"-- 2000' -'7 Frederick County Subdivision Administrator Dote 0 e zl� 44'cle/W 061 Fr ick County Sanitation Authority Date Virginia Department of Transportation to OWNER'S CERTIFICATE The above and foregoing subdivision of BROOKLAND MANOR PHASE I and Outlot 1 as appears on the accompanying plat, is in accordance with the free consent and desires of the undersigned owner(s), proprietor(s) and trustee(s), if any. BROOKLAND MANOR PHASE OUTLOT 1 ;4 BY By. BROOKLAND,WNIER, L. C. BROOK ANOR, L COMMONWEALTH OF VIRGINIA CITY / COUNTY OF(rcdL THE12,2GeMIf�AS ACQOWLEDGED BEFORE ME THIS DAY OFJ.��BY a ¢,r gyp..,,....... MY COMMISSION EXPIRES� AbfARY'PUBLIC ,r 's o '_• ENGINEER'S CERTIFICATE: �� .• • F`� 1, David B. Weems, being a licensed professional engineer in the Commonwealth of Virginia, do hereby certify that, to the best of my knowledge and belief, the land contained in the subdivision shown herein is a portion of the property conveyed to Brooklond Manor, L.C., by deed dated May 15, 2004, recorded amongst the land records of Frederick County as Instrument Number 040008784 and by deed dated August 17, 2005, recorded amongst the land records of Frederick County as Instrument Number 050018510. Vol 1 DAVID B. WEEMS, P.E. LIC. #022971 DAVID EEMS 9 Lic. N 022971 DATE: JULY 2007 COVER SHEET SHEET 1 OF 9 13�6� FINAL PLAT OF SUBDIVISION Dewberry BROOKLAND MANOR PH. 1 sIONAL� Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 DRAFTED CHECKED Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICK COUNTY,VA. PROJ. NO. DWG. NO. www.dewberry.com 10008400 RPA-684-LC N/F 548 3 2 57A OAKCREST PROPERTIES, INC. INST.# 010008968 ZZONE: RP USE: OPEN SPACE LOT 36 LOT 37 LOT 38 I _ _ I LOT 39 LOT 40 o_ > LOT 41 0 m STORM WEIR ESMT. I � 1 0 1`L •.g9 PARCEL A _ 84 877 S.F. ' W 104.63 LOT 13 3,289 S.F. 1 n4 1R'.' o S 05'54' 17" E LOT 12 o 2,034 S.F. o N 05.54' 7" W 100.09' LOT 11 N 2,000 S.F. 0 S 05'54' 7" E 100.00' a LOT 10 2,000 S.F. Q I� w o N 05'54'27" W 100.00' �,- �I LOT 9 to o r 0 2,000 S.F. S 05'54' 7" E 100.00' R' 'n 7 � 0 LOT 8 0 dam- L` 00 N z 03,000 nO S.F. C r-_ N 05'54' 17' W 100.00' FARCEL -- 84 877 S F. PROP- () _� 50' REAR 00 PERIMETER YARD 'n SETBACK 11,j L- rill LOT 42 CD w LOT 43 LOT 44 LOT 45 LOT 46 - - LOT 47 M J tA 0 0 0 0 Q I w I la a. w w in 0 00 00 z 0 00 N/F z 54B 3 2 57A o N 05'54'27" W 100.00 OAKCREST PROPERTIES, INC. C� I� PARCEL A 84,877 S.F. INST # 010008968 ZONE: RP USE: OPEN SPACE �, ::.::.:: o GRAPHIC SCALE Io C4 ;� C5 �Mn, 10' GAS Del' 30' EASEMENT IN FEET ) S 05'54'27' E 100.00' o LOT 7 0 3,000 S.F. u) M U7 PM 100.00, X N 05'54'2 " W LOT 6 o 2,000 S.F. m N 05'54' 7" E ' 01 o - ' LOT 5 S.F. o 4' N ,2-W00 , X IN 0 LOT 4 0 2,000 S.F. N S 05'54' " E ' - LOT 3 a 0 1 2,000 S.F. 1 N N 05'54'27" ' I o _W_ LOT 2 J 2, 000 S.F. m 0 N S 05'54' " E ' - o LOT 1 20' 0 3,000 S.F. 35' R/W SETBACK <33.26'- - L76 PNGiZESS% ' � , --T--GRESS,'I '4 .W C L68 r y1 L70 LOT 24 20' PARKING SETBACK - N'N LOT 23 FCSA SEWER LOT 22 '& WATER ESMT. r LOT 21 5 M 1=7�ffml \ LOT 20 ,- 20' �� STORM L52 SEWER ESMT. U7 J LOT 19 YI m' LOT 18 V) LOT 17 LOT 16 �IFCSA 30' SEWER ,1, WATER ESMT. 1.299 ACS. - - LOT 15 INGRESS/EGRESS ESMT L50 LOT 14 r PARCEL A 84,877 S.F. {�:... :.� T.: n,*rl a-hg"P.A 18,810 S.F. HEREBY DEDICATED FOR PUBLIC RIGHT-OF-WAY 1 inch = 40 it. N 05'59'08" W 494.03' 30' EX. BROOKLAND LANE R/W (30'1 „a INST. #020011392 N/F 541 7 1 90A WINDSTONE HOMEOWNERS EX WINDSTONE SUBDIVISION ASSOCIATION, INC. INST # 020021380 ZONE: RP USE: OPEN SPACE DATE: JULY 2007 SCALE: 1" = 40' SHEET 2 OF 9 FINAL PLAT OF SUBDIVISION 9 Dewberry BROOKLAND MANOR PH. 1 Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT Fax 703.771.4091 FREDERICK COUNTY,VA. www.dewberry.com DAVID B. WEEMS 9 Lic. No. 022971 Ad �`SIONeT. DRAFTED CLM PROJ. NO. 10008400 CHECKED DBW DWG. N0. RPA-684-LC NIF- SCWOOpy�MEOWNE 89ABRENT5- [V • 6811674ASSOCIATION r'VL3 p BSGRoPHIC SCALE o o s ZONE. RP 11�g'5 L4 USE OPEN SPACE ( IN FEET) F, 1 inch = 40 ft. C 'Z STORM O L56 SEWER ESMT. lb S 05'54'27 E 104.63' LOT 13 �, J L68 r 0� 1N L61 J — ; x Q - (JO r, LOT 12 O S 05 � 7 8..5� � '542 E _ U — — F-- U � N — - -' 0 LOT 24 co � o LOT 11 N � CC? J 2=645 S.F. t- - S 05'S4'27" E 100.00�o: 0 RESIDUE - - - TAX MAP o� I L5 LOT 10 20' LOT 23 0 0 54-2-5 I 2,000 S.F. N u? . 6,178 S.F. . o - (FUT PHASE 2) w N 05'54'27" W 100.00' �rn: LOT 9 LOT 22 { i� �20F FRONT 2,000 S.F. '� STORM SEWER ESMT. < o LOT 8 , S 05'54'27" E LOT 2,100.00' - o : o to d. n �L8 3,000 S.F. L53 ' S06'48'19"E 1--r � -' M 111.52' 00Z N 05*5427 W_ 100.00' Sri 00 100.00 S 05'54 27 E 100. Do' coo LOT 7 < L21 LOT 20 L52 0 �: N06'419 8'"W 123.15' r 3,000 S.F. o 0 I`r _ N 05'5427" W- 100.00' �t U'-' J - LOT 19 C Q -� LOT 6 2,000 S.F. o 0 ao 0 0 , o: - © ZYi S 05'54'27_' E 100.00' cD. N o - Q, LOT 18 0 : Co 0 0 o LOT 5 '` m 2,000 S.F. o : z 0 oN N 05'54'27" W 100.00' N c0 — — LOT 4 LOT 17 C0 ' : RESIDUE J + J 2,000 S.F. o : TAX MAP # U - - �� S 05'54'27" E 100.00' ; : 54-2-5 0 10,248 S.F. IQ LOT 3 C 5-7 LOT 16 2,000 S.F. 0 (FUT PHASE 2) o, IN 05'54'27" W 100.00, N 10: LOT 2 FCSA 30' SEWER C LOT 15 0 & WATER ESMT. 2,000 S.F. oN N o S 05'54'27" E 100.00' 20' LOT 14 00 10' GAS Z LOT 1 INGRESS/ 3,000 S.F. o EASEMENT EGRESS ESMT N 05'54'27" W _ _ 100.00' �4 L50 35 R W SETBACK : j : 10' - - rn N 05'54'27" W 100.00' PARCEL A /` LEI J PARCEL A 84,877 S.F. ^ co 84 877 S.F. �yTH OF y C5 _ L46' i 416.67 VDOT SWLK - L76 � 10' GAS ,. EASEMENT MAINT. ESMT. 18,810 S.F. HEREBY DEDICATED 30' O "' 1,527 S.F. FOR PUBLIC RIGHT-OF-WAY DAVID WEEMS � — — Lic N 022971 DATE: JULY 2007 SCALE: 1" = 40' SHEET 3 OF 9 FINAL PLAT OF SUBDIVISION N Dewberry BROOKLAND MANOR PH. 1sIONAL Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. DRAFTED CHECKED Leesburg, Virginia 20176 CLM DBW Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT Fax 703.771.4091 FREDERICK COUNTY,VA. PROJ. NO. DWG. NO. www.dewberry.com 10008400 RPA-684-LC N84'04'48"E r I I I o0 I I I 0, I r I � o TORM w ESMT FSEWER V) N 0 0 0 w 0 Uj N i W i� w C� Z 16.50't, 1n L=271.11' 0 " .\ S84'05'33"W 96.50' Z No GAS 10'Cn 0 U' rn rn EASEMENT 016 RESIDUE TAX MAP #54-2-5 6,178 S.F. �' (FUT PHASE 2) �I of O N84'05'33"E 96.50' W RESIDUE w TAX MAP #54-2-6 3,467 S.F. -� - (FUT PHASE 2) C10 L63 RESIDUE TAX MAP #54-2-6 14,278 S.F. (FUT PHASE 2) r v 0 L69 r rn 00 433.24' STORM SEWER ESM PARCEL A I r I 84,877 S.F. 0 � I \r� CP Xtk .0 ` PARCEL A 0 84,877 S.F. i Q `�r C) X ao xM�,,X CQ '<\, � v X I j Co � v 4ri ai Z U W� Z W �O Q?N �. " ` O � O L58 �� \ Y tK 'a /\� k O , L11 2 C12 STORM O Ln SEWER ESMTP 3 J Z CIO GRAPHIC SCALE 0 10 40 8o 3 0 ( IN FEET ) N 1 inch = 40 ft. :n O 0 INGRESS/EGRESS ESMT DATE: JULY 2007 SCALE: 1" = 40' 1 SHEET 4 OF 9 FINAL PLAT OF SUBDIVISION Dewberry BROOKLAND MANOR PH. 1 Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT Fax 703.771.4091 FREDERICK COUNTY,VA. www.dewberry.com DAVID B.-WEEMS 9 Lie No. 022a971 �I(� �01b 06if DRAFTED CHECKED CLM DBW PROJ. NO. DWG. N0. 10008400 RPA-684-WIN O BRENTWOODM 55C-5_3_ HO 8 PARCEL A MEOWN 84, 877 S.F. gwav 0' B' 6 : 1674 60CIA TION L56 ZONE' RP USE. NGF3E,SS/E�F7ESSSIvPT i S03'S2'48"W 639.52' OPEN SPACE �. FCSA ,SEV�(ER' 10 �1 I' ,139 x �: S05'54 27 W 100.4600, L�6 S05'54'27" E >16. 50' W L61 98.52' L57 ", 64.01' 34.51 C1 U') N N W wILZQ ova LO x oLq^ cp N O N W En !W LZ Q W u 00 �rI a. o� a t. Q�� 00 z x Q 70 L62 - N06'48'19"W I: 123.15' 10' GAS EASEMENT 0 0l RESIDUE o r o TAX MAP _04 .-. #54-2-5 N N 10,248 S.F. vWi I Q J (FUT PHASE 2) ! j � I vi X 00 O %N 10, CL w o 00 �. i� � 00 z X Q n i I' : O F- 0000 FCSA SEWER z & WATER ESMT. 10' GAS L2: ESMT N05'54'27"W 64.07' 135.93 PARCEL A o 849877 S.F. � '- J . LL L=231: pOT °TD: 12 W M- RESIDUE TAX MAP #54-2-6 10' Ln 14,278 S.F. ' d 00 (FUT PHASE 2) I: L c J SEWER o -FCSA / & WATER ESMT 00 O 12 .rV c STORM SEWER ESM488.36' N05'54'27"W 00.00:N05`54'27"W L31 #, r- INGRESS/EGRESS ESMT I 10' GAS EASEMENT O 0 5 ( 6 ca RESIDUE TAX MAP #54-2-6 0 16,000 S.F. 00 (FUT PHASE 2) 0 SEE DETAIL, SHEET 8 OF 9 1N I: 00 '27"W _ 100.00, � 0) A 84,877 S.F. II Q STORM SEWER ESMT I j S 05'59'08" E I 416.67' L=15.09' 76.04 _ VDOT SIDEWALK 18,810 S.F. HEREBY DEDICATED 301 MAINT. EASEMENT FOR PUBLIC RIGHT-OF-WAY N 05'59'08" W 494.03' N05'59'08"W 177.03' GRAPHIC SCALE ° 70 40 - 80 M BROOKLAND LANE R/W (30') 30' ET INST. #020011392 1 inch FEET ft. DATE: JULY 2007 TSCALE: 1" = 40' SHEET 5 OF 9 9 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PH. 1 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTYNA. AVID . "WEEMS 9 Lic No. 022971 AV DRAFTED CHECKED CLM DBW PROJ. NO. DWG. NO. 10008400 RPA-684-LC PARCEL S03 52'48" ►N 84,877 S.F. -' 639.52' S05'54'27"W 100.46' ,'- _ 20. 00"/-" `0 o R 5�o; (O N ILq w` I L►. (n p . W U-) N Q o0 : rM � 00 azliz in W QN HIr� �d D4 00 N O x.-v 051 '. � �(0 EI. . Al06*48'19I z Ln w w L U w Q cD 10 w Uj l N N N EnO rKj I r Ii Nco o D%Nip us a o a 00 z wQ o f I.. Wm cow x - .. a � w ih M to f I00 I z f GRAPHIC SCALE rNv co 0 10 40 80 ( IN FEET ) �j 1 inch = 40 ft. A4�9 \ B 92 J, Z • r cr cs O L rn o C-,)o N ILO 0 \'0 0 X\ � z �O -O \ � 59,252 S.F. 9� 35' ING/EGR \ ESMT SETBACK 3 NZ8 06 �$ 0 2�RAR YARD E7BACK \ \'eS. \ \ vR, x0 Oo?�!y OR L85 FCSA EWER & WATE ESMT - 0 D: IY U 3S-R wim � 0 1 : 40 o � SF�gC� Z �- cwn PARCEL A 0 _ A'881' 84,877 S. w 18,810 S.F. HEREBY �/ i J PUBLIC ell DEDICATED FOR RIGHT-OF-WAY n' N05'59'08"W 177.03' N84'05'33"E� 6 -20.00' �,10 EX. i L10 BROOKLAND LANE �, sys, r7 46 " y x ,Y X YW P , 6020011392 o Q; C15r 00 p z�a Gh 7 DATE: JULY 2007 SCALE: 1" = 40 • Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com w o� V1 6 0 rrn CT : , - FCSA SEWER & WATER ESMT RESIDUE o TAX MAP #54-2-6 J 9,895 S.F. (FUT PHASE 3) INGRESS/EGRESS ESMT N05'54'27"W ¢ fF/_i 100.00'-, 0 SHEET 6 OF 9 ®K FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PH. 1 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTY,VA. �RCEL B 138, 2\ S.F. .\ 0M0 C 00 o � " DAVID B. WEEMS Lic No. 022971 DRAFTED CHECKED CLM DBW PROJ. NO. DWG. NO. 10008400 RPA-684-LC \ N FREDERICK DEVELOPMENT CO., IN 7 OUTLOT 1 S.F.35' ING/EG\ESMT p INST.NO. 050000699 59,252 SETBA K •.�l ZONE. RP INST.#OY00t O • 38, 6,�� USE. VACANT F2 N2 \O `PRE GRAPHIC SCALE N5� 5\0�0 C� p 30 60 / 120rN o S84'05'33"W "`YYY a: � i� N05'5427" �- 9 N 26.00' L85 / $ ��� u� ( IN FEET ) L84 �� `3�' s26, 1 inch = 60 f . cu I 1 g COI STORM 146 2 , �9� 658, 30o�36,, SEWER ESM , �� �`a�g86� S p6 `30��Op• 0 3' w v J \81.96' PARCEL B 1 <Y �i N05'54'27"Wo ��� 138,262 S.F. ESMT J \ � J N � WI 0 z � EX' '55 pG. 58 00 D 18,810 ►� o w FCSA SEWER & � S.F. HEREBY )J oWATER ESMT DEDICATED FO 6 o r� o w ;p PUBLIC '�O ^I I � o RESIDUE TAX MAP 4-26T-OF- WAYL107 9,89 S.F. oM z (FUT PHASE 3) N fir, ;ram' N0 „� J o 0' 10GAS P� L 4 2 100.00 ESMT/4 \ L123 L151 5' �r 152 05'54'27"E CO 100.00 w v^o O INGRESS/ 40' _ i� - � : w o 'V C'j � - EGRESS ESMT L0 o � : ;° Q� om� / / ARCEL B N o f RESIDUE 9 N ryo�� / / 8,262 S.F. LO w C5, : TAX MAP #54-2-6 00 J : o �• �h 18,000 S.F. N Z I: :�� `` � 'C5 (FUT PHASE 3) J RESIDUE z S84'05'3311W w TAX MAP #54-2-6 61.00' ih 18,000 S.F. (FUT PHASE 3Ln ° 10' GAS o o FCSA SEWER / ESMo T ca 00 : oo WATER ESMT rn 5' z00 1' / STORM SEWER 00'-- 10' ESMT. N05'54' "W ,yJ 00 z j 4 QO. _.Q _1-20.00' 9 O{ \� S05'54 27 100.00 11 L150 eJ N4318'45"W 26.74'(T1E).rL`Lj 6'•j. l 5 Q II, ES Lb .ACTUAL !s ! IDE �� F�.T ER SIDE OF THE O< lb,` '•c` ��y ;r �Q`� A (AS CONSTRUCTED) (� 00 �Fi /ry 4X O U. 6 \ M o e• P o s 4 o° a Q� IleO s ti •ti �� `3S• �'� HERITAGE HILLS J 06� SECTION 1A TH 0 PAUL G. EVES ��'1•F`q�05y 9�89, D.B. 879 PG. 1805 o �� ZONE: RP V y USE: RESIDENTIAL DAVID B. WEEMS Lic No. 022971 DATE: JULY 2007 SCALE: 1" = 60' SHEET 7 OF 9 FINAL PLAT OF SUBDIVISION, Dewberry BROOKLAND MANOR PH. 1 SIONAL` Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. DRAFTED CHECKED Leesburg, Virginia 20176 CLM DBW Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT Fax 703.771.4091 FREDERICKCOUNTY,VA. PROJ. NO. DWG. N0. www.dewberry.com 10008400 RPA-684-LC NOTES: o 1. THIS SURVEY IS BASED ON THE FOLLOWING PLATS OR DEEDS OF t,) RECORD FOUND IN THE CLERKS OFFICE OF THE CIRCUIT COURT OF FREDERICK COUNTY, VA.: A. DB 377/591- "FINAL PLAT OF BROOKLAND HEIGHTS-, BY RICHARD U. GOODE CLS, DATED MAY 15, 1971. B. DB 879/1274- PLAT ENTITLED "BOUNDARY SURVEY ON LOT 19 BROOKLAND HEIGHTS" BY SIGMA CONSULTANTS, DATED MARCH 29,1997. C. INST. # 050000698- PLAT ENTITLED "BOUNDARY SURVEY OF THE PROPERTY OF JAMES L. BOWMAN & FREDERICK DEVELOPMENT CO., INC., BY PHR & A, DATED JANUARY 5, 2005. 3. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE ALL EASEMENTS AND/OR ENCUMBRANCES MAY NOT BE SHOWN. 4. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY APPEARS TO BE SITUATE IN ZONE "A6"- AREA OF 100 YEAR FLOODING, BASE ELEVATIONS & FLOOD HAZARDS DETERMINED & ZONE "C"- AREA OF MINIMAL FLOODING PER FEMA F.LR.M COMMUNTIY PANEL NO. 510063 0115B, DATED JULY 17, 1978. ACTUAL ELEVATION CAN ONLY BE DETERMINED BY A FLOOD ELEVATION CERTIFICATE. 5. THIS SURVEY PERFORMED BY DEWBERRY IN NOVEMBER/DECEMBER 2005, ENTITLED "PLAT OF RESURVEY, LANDS OF BROOKLAND MANOR, LC , INST.#060002565. 6. PARCELS A AND B ARE OPEN SPACE PARCELS. AREA TABULATION ZONE: RP USE: RESIDENTIAL NEW: OLD: R/W DEDICATION: RESIDUE (54-2-5): 138,723.94 S.F. OR 3.18 AC. LOT AREA: RESIDUE (54-2-6): 261,010.77 S.F. OR 5.99 AC. PARCEL A: TOTAL: 399,734.70 S.F. OR 9.18 AC. PARCEL B: RESIDUE (54-2-5): RESIDUE (54-2-6): TOTAL: S05-54'27"E 20.00'— / 05'59'08"E VDOT SIDEWALK MAINT. EASEMENT DETAIL ALE: 1 " = 25' -STORM SEWER ESMT 53.42' — -` DATE: JULY 2007 1 NOTES I SHEET 8 OF 9 1 9 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PH. 1 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTY,VA. 18,810.35 S.F. OR 0.43 AC. 55,967.66 S.F. OR 1.28 AC. 84,876.50 S.F. OR 1.95 AC. 138,261.86 S.F. OR 3.17 AC. 16,426.46 S.F. OR 0.38 AC. 85,391.85 S.F. OR 1.96 AC. 399,734.70 S.F. OR 9.18 AC. � VAID OB.W �EE M 9 Lic No. 022971 , C::-; 7 113) C4 _. &' 0) DRAFTED CHECKED CLM DBW PROJ. NO. DWG. NO. 10008400 RPA-684-LC CURVE TABLE CURVE RADIUS LENGTH [TANGENI CHORD I CHD. BRG. DELTA Cl 65.50' 3.50' 1.75' 3.50' 1 S 85'37'18"W 3'03'31" C2 65.50'163.92"32.33' 4' 10,35' 20.46' N83'51'56" W 17'57'59' C3 65.50'3' 11.27' 22.22' N65'06'57"W 19'31'59" C4 1030.00'6' 19.73' 39.46' N04'50'39'W 02'11'42" C5 970.00'0' 18.95' 37.90' SO4'51'58'E 02*14'20" C6 65.50'3' 5.48' 10.92' N84'02'30"W 9'33'49' C7 65.50'8' 7.02' 13.96' N57'04'48'W 12*13'50' C8 90.00'0' 42.98' 77.57' N31'26'11"W 51'03'27" C9 50.00'4' 50.00' 70.71' N50'54'27"W 90'00'00' C70 34.50' 5' 5.11' 10.11' S75'40'04'W 16'50'57" C11 50.00'4' 50.00' 70.71' S39'05'33"W 90'00'00" C121' 43. 6' S6448'4 "W '33'40" C13 5 .4 ' 100.00' N 4'05'4 ' 180'08'01- C14 4. 1 ' 10.11' N 7 8'59"W 16'50' 7" C15 173.00' ' 32.33' 63.56' SO4'40'39"W 21*10.14' C16 17' 56.73' N 6-33.07" 1 '3 "C17 173.00'' 31.04' 61.10' 1SO4'15'S1 "W 20'20'37" LINE TABLE LINE LENGTH BEARING Lt L2 L3 L4 L5 L6 35. ' S77'03' 4'W L7 20.00' N85'01'44"W L8 127.80' N04'58'16"W L9 74.13' S8737'44"W L10 20.00' S02 2'16"E L11 50.93' S87'37'44'W L12 79.91' S75'44'09"W L13 19,68' N46'56'59"W L14 59.34' S34'29'53"E L15 34. 7' N40'17'11"W L16 15.88' S03'52'48"W L17 8.94' S4745'45'W L18 46.6 ' S40'17'11 "E L19 60.14' N3437'42"W L20 14.5 ' S49'19'51"E L21 128.12' N04'58'16"W L22 148.46' N84'05'33"E L23 21.76' S05'41'54"E L24 20.1 ' S82'54'21 "W L25 21.35' S06'00'34"E L26 11.00' N84'05'33"E L27 20.00' N05'59'08"W L28 45.94' N84'05'33"E L29 10.00' N0554'27"W L30 133,50' N84'05'33'E L31 126.82' N0554'27'W L32 140.06' N63'29'07'W L33 23.72' S59*01'44'W L34 147.74' N63 29'07"W L35 11 .6 ' N05'54'27"W 3 L37 L38 47.00' S39'05'33"W L39 182.77' S05'54'27'E L40 24.41' S50'54'27"E L41 12.06' S39'05'33"W L42 18.30' S71 *13'39"E L43 259.08' N84'05'33"E L44 10.00' N0554'27'W L45 31.78' N84'05'33"E L46 20.00' N0559'08"W L47 7.62' N84'05'33"E L48 13.27' N06'05'48"W L49 20.00' N83'54'12'E L50 13.21' N06'05'48"W LINE TABLE LINE LENGTH BEARING L51 2 6.50' N84'05'33"E L52 95.91' S84'05'33' W L53 31.24' S39'05'33"W L54 32.04' N61'09'57"W L55 313.07' N84'05'33"E L56 141.00' S05'54'27"E L57 20.00' S06'07'01"E L58 15.16' N8352'59"E L59 94.39' S05'54'27 E L60 280.00' S84'OS'33 W L61 39.00' N0554'27"W L62 211.00' N05'54'27"W L63 258.83' N84'05'33'E L64 40.81' N3646'46"E L65 20.00' S84'05'33"W L66 63.00' N0554'27"W L67 20.00' N84'05'33"E L68 30.00' S0554'27"E L69 15.07' N83'52'59"E L70 20.00' S06'07'01 "E L71 15.14' N83'52'59"E L72 32.12' S50'54'27'E L73 95.29' N84'05'33"E L74 152.14' N84'05'33"E L75 31.90' S4922'06"W L76 76.4 ' N05'59'08"W L77 4 . '1 '43"W L78 1 7 1" L79 11 7'31" L80 20.04' S6347'11 "W L81 102.70' S2937'31"E L82 166.46' S78'05'21"E L83 68.10' S09'15'43"W L84 20.00' S51'43'52"E L85 2 1' N39'05'33"E L86 29.77' N84' 5'33"E L87 67.6 ' N53'46'22"W L88 16.4 ' S31 *17'12"E L89 12. ' S59'01'44"W L90 7.5 ' 39'10'59'W L91 14.94' S31*17'12"E L92 70. ' N53'46'22"W L93 303. 5' N84'05'33"E L94 34.30' S39'18'06"W L95 20.0 ' N50'41'54'W L96 56.74' S39'18'06"W L97 342.38' N84'05'33"E L98 20.00' S54'20'45"W L99 103.52' S35'39'15"E L100 52.28' S26'33'49'W LINE TABLE LINE LENGTH BEARING 1-101 37.64' S3433'39" L102 20.00' N55'26'21"E L103 49.45' S3433'39" L104 52.02' S2633'49'W L705 91.45' S3539'15"E L106 23.84' S08'21'49"W L107 39.94' S11'04'28"E L108 112.43' N84'05'33"E L109 35.00' S0554'27"E L110 323.85' S84'05'33'W L111 81.00, N0554'27'W L112 25.00' S05'54'27"E L113 30.00' S84'05'33'W L714 23.00' N05'54'27"W L115 32.53' N50'54'27"W L116 3 .50' S84'05'33"W L717 59.50' N05'54 27 W L118 91.50 N84'05'33 E L119 19.50' S05'54'27 E L120 2.64' S4653'54"E L121 167.27' S84'05'33"W L122 21.04 N39'12'28'E L723 36.28' SS '30'53"W L124 25.00' S05'54'27"E L125 30.00' S84'05'33"W L126 23.00' N05'54'27'W L127 32.53' N50'54'27"W L128 15.00' N84'05'33'E L129 100.00' S0554'27'E L130 14.88' S84'05'33"W L131 28.62' N84'05'33"E L132 19.50' S05'54'27"E L133 2.64' S46'53'54" L134 167.27' S84'05'33"W L135 21.04' N39'12'28'E L136 6.09' N06'12'35"W L724 15.34' S84'05'33"W L125 100.00' N05'54'27"W L126 15.21' S84'05'33"W L127 100.00' N05'59'08" W L141 15.00' S84'05'33"W L142 91.40' N05'54'27"W L143 14.88' S84'05'33"W L144 100.00' N05'58'40"W L145 31.63' S49'22'06'W L146 17.74' N39'05'33"E L147 20.70' N0554'27"W L148 6.82' N66'42'36"E L149 48.44' N19'08'37"W L750 19.72' N8,V05*33"E L151 90.00' N0554'27"W L152 83.85' N05-54.27-W DATE: JULY 2007 NOTES I SHEET 9 OF 9 FINAL PLAT OF SUBDIVISION Dewberry BROOKLAND MANOR PH. 1 Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT Fax 703.771.4091 FREDERICK COUNTY,VA. www.dewberry.com �1 LA" rA DAVID B. WEEMS � Lic No. 022971 1 �SIONet. DRAFTED CLM PROJ. NO. 10008400 CHECKED DBW DWG. NO. RPA-684-LC C.') N CA) N VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced tto� me on �j ,/J I'//-dW 7 at d ' 3 ! / •M and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable. ee,Q , Clerk 4. COMMONWEALTH OF VIRGINIA i =FIrIAL RECEIPT FREDEPIrK CIRCUIT COURT � APED RtCEIP-T DATE: P111!oR TIME: 14:33:48 ACCOL'+NT: 060rlRt+SAN(17 A RECEIP.:.?Sc{3{.r�1e1e_ CASHIER: SSM PEG- NEII TYPE: DV-PL PAYMENT: FULL PAYMENT INSTRLiMENT r:PArI f 4:, PCC{:: PAGE: RECORDED. .... fnV AT 14:T3 GRANTOR: BRCOKLAND MANOR LC Ey: N LOC: CO r' E: N PLT: 100v6:ANTEE: DRO✓LAND MANOR LC AND ADDRESS : RECEIVED OF : DAVID HOLIDAY CHECK: 121.0 _ DESCRIPTION 1: R $ DIST PAGES: 6 D%p A — S: $ROOKI AND MANOR NAMES: A CONSIDERATION: .00 AIVAL: .00 MAP: 54-2-6 PIN: 01 DEEDS 14.5t' 145 VSLF I.4{i ?n TECHNOLOGY TRST FND S,N, TENDERED 21.4,* AMOUNT PAID: EI.An CHANGE AMT . .AA i CLERK OF COURT: RERECCA P. HOSAI I 1 . A DC-18 (1/90) co N 91KInQrument was prepared by Kimberly M. Athey, Esquire. tV THIS DEED OF SUBDIVISION made this JL day of , 008, by BROOKLAND -- MANOR, L.C., a Virginia limited liability company, GRANTOR and GRANTEE, whose address is 420 W. Jubal Early Drive, Suite 103, Winchester, Virginia 22601. WITNESSETH: WHEREAS, Brookland Manor, L.C. is the owner of a tract of land, identified as Frederick County PIN 54-2-6; which said tract of land was acquired by the company by instrument of record in the Circuit Court Clerk's Office of Frederick County, Virginia, as Instrument #050018510, (hereinafter "Property"), which Property is more particularly described and set forth on a plat prepared by David B. Weems, P.E., entitled "PLAT SHOWING SUBDIVISION OF LANDS OF BROOKLAND MANOR, L.C., OUTLOT 1, RED BUD DISTRICT, FREDERICK COUNTY, VIRGINIA" dated May 12, 2008, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS, Brookland Manor, L.C. desires to subdivide the Property as set forth on the attached and incorporated Plat. NOW, THEREFORE, WITNESSETH, in consideration of the premises, Grantor does hereby subdivide and create the parcels as said parcels are set forth on the attached and incorporated Plat, said parcels being Outlot 1 and Residue (54-2-6). This subdivision is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation, the Frederick County Sanitation Authority, and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The platting and dedication of the aforementioned parcels is with the free consent and in accordance with the desire 11 C3 tU of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. WITNESS the following signature and seal: STATE OF VIRGIN CITY/COUNT IY OF �( ,,t' i (j t , to -wit: M UC fo a Notary Public in and for the State and City/County aforesaid, do certify that David B. Holliday, Manager of Brookland M or L.C., whose name is signed to the foregoing Deed of Subdivision, dated the day of" 2008, has this day personally appeared and acknowledged the same before me in the State and City/County aforesaid. Given under m hand this day of,-Ast, 2008 Y �• My Commission expires:( "41144+e6000�e P;BUR4������ �� Notary Public o°Q� NOT Registration Registration No. O ; pUBU •2 ' REG # 266226 L •, : MY COMMISSION EXPIRES • 2 ; 0 O� • • 0212812010. 7- . `Q`- V, 0 VICINITY MAP Scale: 1 "= 2000' � a)Z . ' Virginia Department o-T7ronsportotion D — el' 24 /6 / ae F ick County Sanitation Authority Date rederick County Subdivision Administrator Date OWNER'S CERTIFICATE.• The above and foregoing subdivision of BROOKLAND MANOR OUTLOT 1 as appears on the accompanying plat, is in accordance with the free consent and desires of the undersigned owner(s), proprietor(s) and trustee(s), if any. By. BROOKLAND 0 , L. C COMMONWEALTH OF VIRGINIA� CITY / COUNTY OF CIL THE REGOI G IN TRU T A ACKNOW E GED BEFORE ME THIS 4 4 DAY OF �i1) 2�0 MY COMMISSION EXPIRES A ti f,�`''% TAR'Y PUBLIC ENGINEER'S CERTIFICATE I, David B. Weems, being a licensed professional engineer in the Commonwealth of Virginia, do hereby certify that, to the best of my knowledge and belief, the land contained in the subdivision shown herein is a portion of the property conveyed to Brooklond Manor, L.C., by deed dated August 17, 2005, recorded amongst the land records of Frederick County as Instrument Number 050018510. 0 DAVID B. WEEMS, P.E. LIC. #022971 DATE: JULY 2007 1 COVER SHEET I SHEET 1 OF 3 AVID #.WEEMS Lic No. 022971 _ W Dewberry PLAT SHOWING SUDBIVISION OF `' � �' LANDS OF `_ Sj�NAL ] Dewberry &Davis LLC BROOKLAND MANOR, L.C. 1503 Edwards Ferry Road, Suite 200 OUTLOT 1 DRAFTED CHECKED Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 CLM DBW Fax 703.771.4091 RED BUD DISTRICT PROJ. NO. DWG. NO. co www.dewberr FREDERICK COUNTY,VA. www.dewberry.com 10008400 RPA-685-LC TM 55C-5 _ _ BRENTWpOD 3 89A OWAIERS ASSOCI,q n 1V D•B• 6811674 ZONE.• RP USE. OPEN SPACE RESIDUE TAX MAP #54-2-6 OU TLOT 59,252 S.F. 35' 1 SETB EX- BROOKLAND LANE R/W RESERVATION (RTE 858) Cj coo DB 377/591 DL BROOKLAND LANE R (RTE 658) NST. #020011392 N08'21'49"E 23.84, \ 26`00 \ I( Y U mpQ] W c 0 GRAPHIC SCALT' 0 25 50 C-%0 25' REAR ( IN FEET ) YARD SETBACK 1 inch = 50 ft. CPOTIN yip Z' O —A \ \ ` A coo O \� 0 4,Lt /Fr.R 0 4,10 EX G BE7EM0VED.)\ 6 39.94' f , 11.04'28"W; RESID TAX MAP #54-2-6 EX BLDG TO BE REMOVED) DATE: JULY 2007 SCALE: 1" = 50' SHEET 2 OF 3 • Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com DAVID B. WEEMS LIc No. 022971 Wp PLAT SHOWING SUDBIVISION OF `&S, LANDS OF "04 BROOKLAND MANOR, L.C. OUTLOT 1 DRAFTED CLM RED BUD DISTRICT PROJ. NO. FREDERICK COUNTY,VA. 10008400 ESMl 5BO, CHECKED DBW DWG. NO. RPA-685-LC NOTES: p N 1. THE PROPERTY DELINEATED ON THIS PLAT IS DESIGNATED AS TAX MAP -- AMONGST THE LAND RECORDS OF FREDERICK COUNTY, VA. rn 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE ALL EASEMENTS AND/OR ENCUMBRANCES MAY NOT BE SHOWN. 3. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY APPEARS TO BE SITUATE IN ZONE "A6"- AREA OF 100 YEAR FLOODING, BASE ELEVATIONS & FLOOD HAZARDS DETERMINED & ZONE "C"- AREA OF MINIMAL FLOODING PER FEMA F.I.R.M COMMUNTIY PANEL NO. 510063 0115B, DATED JULY 17, 1978. ACTUAL ELEVATION CAN ONLY BE DETERMINED BY A FLOOD ELEVATION CERTIFICATE. 4. THIS SURVEY PERFORMED BY DEWBERRY IN NOVEMBER/DECEMBER 2005, ENTITLED "PLAT OF RESURVEY, LANDS OF BROOKLAND MANOR, LC'; INST.#060002565. 5. THE EXISTING RESIDENCE ON THIS PARCEL IS SERVED BY PUBLIC WATER AND SEWER. CURVE DATA RADIUS = 50.00' LENGTH = 63.39' TANGENT = 36.75' DELTA = 72.38'08" CHORD = 59.23' CH BEARING = S40.25'36"W AREA TABULATION ZONE: RP USE: RESIDENTIAL OLD: TM 54-2-6: TOTAL: NEW: RESIDUE (54-2-6): OUTLOT 1 TOTAL: 320,262.46 S.F. OR 7.35 AC. 320,262.46 S.F. OR 7.35 AC. 261,010.77 S.F. OR 5.99 AC. 59,251.69 S.F. OR 1.36 AC. 320,262.46 S.F. OR 7.35 AC. DATE: JULY 2007 1 NOTES I SHEET 3 OF 3 1 9 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com PLAT SHOWING SUDBIVISION OF LANDS OF BROOKLAND MANOR, L.C. OUTLOT 1 RED BUD DISTRICT FREDERICK COUNTY,VA. A DAVID V. AS�� Lic No. 022971 1 �sIONAL DRAFTED CLM PROJ. NO. 10008400 CHECKED DBW DWG. NO. RPA-685-LC E3 C3 N VIRGINIA: FREDERICK COUNTUCT. This instrument of writing was produced to me on at C2'33 P./0- and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ , and 58.1-SOI have been paid, if assessable. 46e4 , Clerk 7563-8727 EBY/cmj N N N ►" al �,, NN 8A 3�C,13.M oQ>",to rA N wLQV y� 3N.5� i CD N) l.J THIS QUIT -CLAIM DEED, made and dated this day of Hker,4 , 2013 by and between BROOKLAND MANOR. LC, a Virginia limited liability company, party of the first part, hereinafter called the Grantor, and BROOKLAND MANOR PROPERTY OWNERS ASSOCIATION, INC., a Virginia Corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of One Dollars ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby quit claim, release and convey unto the said party of the second part any and all rights, title and interest he may possess in and to the following described real estate, to -wit: All of that certain tracts or parcels of land located in Red Bud District, Frederick County, Virginia, consisting of all Common Areas and Open Space, parking lots located in Phases One, Two and Three of Brookland Manor, which include Parcels A & B and Outlot 1 which are depicted on the Plat of Subdivision of Brookland Manor Phase One, drawn by David B. Weems, P.C., dated May 13, 2008 attached to the Deed of Subdivision of Phase One and Dedication and Easement dated September 11, 2008 which is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument Number 080010741. The Plat of Phase Two drawn by David B. Weems, P.E., dated May 13, 2008 is attached to the Deed of Subdivision of Phase Two dated September 11, 2008 of record in the aforementioned Clerk's Office as Instrument Number 08001074. The Plat of Phase Three drawn by David B. Weems, P.E., dated May 13, 2008 is attached to the Deed of Subdivision of Phase Three dated September 11, 2008 of record in the aforementioned Clerk's Office as Instrument Number 080010743. WITNESS the following signature and seal: BROOKLAND MANOR, LC a Virginia Limited Liability Company I0 Commonwealth of Virginia City/County of JAZA&A ' , to -wit: The foregoing instrument was acknowledged before me this c9 � day of C 2011, by David B. Holliday, as Manager, a duly authorized officer of Brookland Manor, LC, a Virginia Limited Liability Company. jjj WOAA Notary hbli My Commission Expires: Notary Registration #: 3r!3g vif<GIN1A: Fk, DERICKCOUNTY.SCT. This instrument of writing was produced to me on and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $�and 58.1-801 have been paid, if assessable. OiJ04 >01%al , Clerk 2 OFFICIAL RECEIPT FREDERICK COUNTY CIRCUIT COURT 5 N. KENT STREET WINCHESTER, VA 22601 540-677-5770 DEED RECEIPT DATE: 12/17/13 TIME: 16:25:20 ACCOUNT: 069CLR130014128 RECEIPT: 13000025711 CASHIER: PAM REG: WE17 TYPE: DQC PAYMENT: FULL PAYMENT INSTRUMENT 130014128 BOOK: PAGE: RECORDED: 12/17/13 AT 16:25 GRANTOR: BROOKLAND MANOR LC EX: N LOC: CO GRANTEE: BROOKLAND MANOR PROPERTY OWNERS ASSOCIATION INC EX: N PCT: 100t AND ADDRESS 5608 S. POINT CENTER BLVD FREDERICKSBURG, VA. 22407 RECEIVED OF MR. HOLLIDAY / COUNTER DATE OF DEED: 03/20/13 CASH: $23.00 DESCRIPTION 1: R B DIST PAGES: 2 OP 0 2: BROOKLAND MANOR, PARCELS A & B NAMES: 0 CONSIDERATION: .00 A/VAL: .00 MAP: MISC PIN: 301 DEEDS 14.50 145 VSLF 1.50 212 TRANSFER FEE 1.00 106 TECHNOLOGY TRST FND 5.00 035 VOF FEE 1.00 TENDERED 23.00 AMOUNT PAID: 23.00 CHANGE AMT : .00 CLERK OF COURT: REBECCA P. HOGAN PAYOR'S COPY RECEIPT COPY 1 OF 2 COMMONWEALTH OF VIRGINIA i u jrCTrIAL RECEIPT FREDERICK CIRCUIT COL(PT � DEED RECEIPT NI' ^! DATE: 0011110¢ TIME: 14:54:29 ACCOUNT: 069CLROBB0010744 RECEIPT: AB000A11?1°r CASHIER: SSM RES: WE17 TYPE: DEC PAYMENT: FULL PAYMENT INSTRUMENT : 090010744 BOO:: PAGE: RECORDED: 00!11!OB AT 14:54 Ei v' NTO SRAR: BROOKLAND MANOR LC EY: N LOC: CO GRANTEE: BROOKLAND MANOR PROPERTY OWNERS ASSOCIATION INC EX: N PCT: 100y AND ADDRESS : L RECEIVED OF : DAVID HOULIDAY CHECK: $35.00 DESCRIPIION 1: R B DIST PAGES: 27 O1P A c: BROOKLAND MANOP NAMES: !� CONSIDERATION: .AO ANAL: .40 MAP: PIN. 301 DEEDS 2¢.50 145 VELF 1.5A 106 TECHNOLOGY TRST FND 5.00 TENDERED 35.01) AMOUNT PAID: 35.00 CHANGE AMT : .AO } L I CLERK OF COURT: REBECCA P. HOGAN ' I j I DG18 (1/90) 080010744 v DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS -,. BROOKLAND MANOR THIS DECLARATION OF C VENANTS ITIONS AND RESTRICTIONS (the "Declaration") is made as of the day of W�08, by and between BROOKLAND MANOR, L.C., a Virginia limited liability company, its successors and assigns (the "Declarant") (Grantor for indexing purposes), and BROOKLAND MANOR PROPERTY OWNERS' ASSOCIATION, INC.. a Virginia non -stock corporation, its successors and assigns (the "Association") (Grantee for indexing purposes). RECITALS: A. The Declarant is the owner of certain real property which shall be developed as a single family town home community in accordance with the Frederick County Zoning Ordinance. The property is located in Frederick County, Virginia, known as Lots l through 68, and Common Areas known as Parcel A, Parcel B, Brookland Manor (hereinafter, the "Property"), as the same are duly subdivided, platted and recorded by the Plats and Deeds of Subdivision recorded in the Clerk's Office of the Circuit Court of Frederick County at Instrument No.001 /!) 7 W (as to Phase One), Instrument NoV jrOb?1a>V Nas to Phase Two), and Instrument No.0 rpp/®�y a (as to Phase Three) (hereinafter, "The Plats of Survey"). B. The Declarant desires to create on the Property a residential community, which shall have permanent open spaces and other common facilities for the benefit of the community. C. The Declarant and the Association desire to provide for the preservation of the values of the community and such other areas as may be subjected to this Declaration, and to provide for the maintenance of the open spaces and other facilities and, to this end, declare and publish their intent to subject the Property to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, it being intended that they shall run with the Property and shall be binding on all persons or entities having or acquiring any right, title .or interest in the Property or any part thereof and shall inure to the benefit of each Owner thereof. D. The Declarant has deemed it desirable for the efficient preservation of the values of said community to create an association to which shall be delegated and assigned the powers of owning, maintaining and administering the Common Areas and facilities, administering and enforcing the covenants and restrictions made in and pursuant to this Declaration, and collecting and disbursing the Assessments and charges hereafter created. E. The Declarant has incorporated as a non -stock corporation under the laws of the Commonwealth of Virginia, the Brookland Manor. Property Owners' Association, Inc., for the purpose of exercising the functions of the Association. NOW, THEREFORE, the -Declarant; -for and in consideration -of the preiriises— and --the -- -- - covenants contained herein, grants, establishes and conveys to each Owner of a Lot, with the C=) P0 -=. 00 express concurrence of the Association, mutual, non-exclusive rights, privileges and easements of enjoyment on equal terms and in common with all other Owners of Lots in and to the use of any Common Area and facilities; and further, the Declarant and the Association declare the Property to be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, reservations, easements, charges and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of, and shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their respective successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to the Brookland Manor Property Owners' Association, Inc., a Virginia non -stock corporation, its successors and assigns. Section 2. "Board of Directors" or "Board" or "Directors" shall mean and refer to the executive and administrative entity established by the Articles of Incorporation of the Association as the governing body of the Association. Section 3. "Common Area" shall mean and refer to all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Members, and shall include any private streets shown on The Plats of Survey. Section 4. "Declarant" shall mean and refer to Brookland Manor, L.C., and its successors or assigns (i) to whom Brookland Manor, L.C. assigns any or all of its rights as Declarant pursuant to this Declaration by assignment recorded in the appropriate land records, or (ii) who is a purchaser at foreclosure of the Property or a grantee in a deed in lieu of foreclosure from the Declarant. Such an assignment shall only operate as to the land, which is owned by such successor or assign. If the Declarant consists of more than one (1) person or entity, the rights and obligations of the Declarants shall be several and shall be based upon and apportioned in accordance with the number of Lots owned by each Declarant. Section 5. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions applicable to the Property, which Declaration is recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. Section 6. "Developer" shall mean and refer to Brookland Manor, L.C. and its assignees if such assignees. receive a written assignment from the Developer. Section 7. "Dwelling Unit' shall mean and refer to any structure located on the Property intended for any type of independent ownership for use and occupancy as a residence by a single household and shall, unless otherwise specified, include within its meaning (by way of illustration but not limitation) patio or zero lot line homes, townhouses and detached homes. Q Section 8. "Federal Agencies" shall mean the Veterans Administration ("VA"), Federal Housing Authority ("FHA"), Fannie Mae. and Freddie Mac. Section 9. "Lot" shall mean and refer to any plot of land created by and shown on a lawfully recorded subdivision plat of the Property upon which a Dwelling Unit could be constructed in accordance with applicable zoning ordinances, with the exception of the Common Area and streets dedicated to public use. Section 10. "Member" shall mean and refer to any person or entity who holds a membership in the Association, as more particularly set forth in Article II below. Section 11. "Mortgagee" shall mean and refer to any person or entity secured by a first mortgage or first deed of trust on any Lot or Common Area who has notified the Association of this fact in writing. Section 12. "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of the fee simple title to any Lot which is part of or has been annexed into the Association, including a contract seller but excluding those holding such interest in a Lot solely by virtue of a contract to purchase a Lot or as security for the performance of an obligation. If more than one (1) person or entity is the record owner of a Lot, the term "Owner" as used herein shall mean and refer to such owners collectively, so that there shall be only one (1) Owner of each Lot. Section 13. "Phases" shall mean those phases as approximately set out on the Plats of Survey, or as subsequently amended. Said Phases indicate development phases, and upon development of said Phases, said Lots shall automatically be annexed within the Association, without any need for approval by the Association. Section 14. "Property" shall mean and refer to that certain real property described as Lots I through 68, and Parcels A and B, Brookland Manor, as shown on The Plats of Survey prepared by Dewberry and Davis, LLC, and duly subdivided by the Deeds of Subdivision recorded in the Clerk's Office of the Circuit Court of Frederick County at Instrument No. JJ (as to Phase One), Instrument No o$"000711.4 (as to Phase Two), and Instrument NoVTag6eZ4r3 (as to Phase Three), which are incorporated herein by reference as if set out in full, and such additions thereto which, from time to time, may be brought within the jurisdiction of the Association. ARTICLE II MEMBERSHIP Every Owner of a Lot, which is subject to this Declaration shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the C CO ARTICLE III VOTING RIGHTS Section 1. Classes. The Association shall have two (2) classes of voting membership: Class A: Class A Members shall be all Members with the exception of the Class B Member. A Class A Member shall be entitled to one (1) vote for each Lot in which it holds the interest required for membership pursuant to Article II. Class B: The Class B Member shall be the Declarant. The Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership pursuant to Article U. Class B, as a separate class, shall terminate and be converted to Class A membership with only one (1) vote per Lot, upon the occurrence of whichever of the following first occurs: (a) within four (4) months after the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) five (5) years from the date of recordation of this Declaration or the last amendment thereof; or (c) sixty (60) days after the Declarant abandons construction (i.e., no new dwelling construction has been initiated for a period of ten (10) months, unless there is evidence of continuing construction). Section 2. Annexation. Upon annexation of Phases of the Property or additional properties pursuant to this Declaration, and in the event that Class B membership shall have terminated as hereinabove provided, Class B membership shall be revived with respect to all Lots owned by the Declarant. Such revived Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs first: (a) within four (4) months after the total votes outstanding in Class A membership in the annexed property equal the total votes outstanding in the Class B membership in such annexed property; or (b) five (5) years from the date of recordation of the document annexing such property; or (c) sixty (60) days after the Declarant abandons construction in the annexed property (i.e., no new dwelling construction has been initiated for a period often (10) months in the annexed property, unless there is evidence of continuing construction). Section 3. Multiple Ownership Interests. If more than one (I) person or entity holds an ownership interest in-any-lzt,--the Vote for such Lot shall -be -exercised as -the Owners -of the Lot___ -- -__ among themselves determine and may be exercised by any one (1) of the people or entities C) N) CA holding such ownership interest, unless any objection or protest by any other holder of such ownership interest is made prior to the completion of a vote, in which case the vote for such membership shall not be counted. The Member whose vote is in dispute shall be counted as present at the meeting for quorum purposes if the protest is lodged at such meeting. Except as provided above, in no event shall more than one (1) vote be cast. with respect to any Lot. ARTICLE IV PROPERTY RIGHTS Section 1. Members' Easements of Enjoyment. Subject to the limitations and restrictions of this Declaration, every Member shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to: (a) the right of the Association to limit the number of guests of Members on the Common Area; (b) the right of the Association to adopt and enforce rules and regulations governing the use of the Common Area and facilities including, without limitation, the imposition of fines for the violation thereof; (c) the right of the Association to suspend the voting rights, the right to run for office within the Association, and rights of a Member to the use of any recreational facilities or non -essential services offered by the Association, to the extent that access and the provision of utilities to their Lot through the Common Area are not precluded, for any period during which any assessment against such Member's Lot remains unpaid, or for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (d) the right of the Association to borrow money for the improvement, maintenance or repair of the Common Area or facilities and in aid thereof, with the assent of at least three -fourths (3/4) of the votes of each class of Members who are entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, to mortgage the Common Area, subject to this Declaration and the easement of enjoyment created hereby, and to acquire property encumbered by a lien or liens of a mortgage or deed of trust; provided that any such mortgage of the Common Area must state that it is subject to this Declaration and the easement of enjoyment created hereby, and shall not be in conflict with its designation as "open space"; (e) the right of the Association at any time, or upon dissolution of the Association, and consistent with the then -existing zoning and subdivision ordinances of Frederick County, Virginia (the "County") and its designation of the Common Area as "open space," to dedicate or transfer all or any part of the Common Area to an organization conceived and organized to own and maintain common open space, or, if such organization will not accept _--such a transfer, -then to__the:County or_ other- appropriate--governmental--agency, -or, if -such- a__ transfer is declined, then to another entity in accordance with the laws governing the same, for 0 ry cn ry such purposes and subject to conditions as may be agreed to by the Members. Except in the case of dissolution, any such dedication or transfer shall have the assent of at least three -fourths (3/4) of each class of Members entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which shall be sent to all Members not less than twenty-five (25) days nor more than fifty (50) days in advance of the meeting setting forth the purpose of the meeting. Upon such assent and in accordance therewith, the officers of the Association shall execute the necessary documents. The re -subdivision or adjustment of the boundary lines of the Common Area and the granting of easements by the Association shall not be deemed a transfer within the meaning of this Article; (f) the right of the Association to grant, with or without payment to the Association, licenses, rights -of -way, and easements through or over any portion of the Common Area. The forgoing shall not be construed however, to. permit acquisition of or damage to any improvements, structures or installations located upon the Common Area without the payment of damages, including severance or resulting damages, if any, to the Association absent the Association's consent; (g) the right of the Association to lease the Common Area, provided however that such lease(s) must: (i) be only to non-profit organizations; (ii) prohibit assignment and subleasing; (iii) require the prior, written approval of the Association of alessee's uses of the Common Area and facilities, which must be in accordance with this Declaration; (iv) be consistent with the then -existing ordinances of the County; (v) be consistent with the open space designation of the Common Area; (h) the right of the Declarant, or the Association to re -subdivide and/or adjust the boundary lines of the Common Area as they deem necessary for the orderly development of the subdivision; (i) the right of the Declarant or the Association to dedicate or convey any private streets or portions thereof to the Commonwealth of Virginia, Frederick County, or any other regulatory agency or their successors or assigns. Section 2. Delegation of Use. Any Member may delegate its right of enjoyment to the Common Area and facilities to the members of its immediate household, its tenants or contract purchasers who reside on the Member's Lot. However, by accepting a deed to such Lot, every Owner covenants that should the Owner desire to rent its -Lot, -the -rental agreement -shall -contain -- specific conditions which require the tenant to abide by all Association covenants, rules and O 6 W regulations, and any Owner desiring to rent a Lot further covenants that the tenant will be provided a complete set of all Association covenants, rules and regulations. ARTICLE V COVENANT FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant covenants, for each Lot owned, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other instrument of conveyance, is deemed to covenant and agree to pay to the Association: (a) Annual Assessments (as hereinafter defined) or charges, (b) Working Capital Assessment (as hereinafter defined) and (c) Special Assessments (as hereinafter defined) for capital improvements or other specified items, provided, however, as set forth in Section 7 herein, Lots owned by the Declarant shall be exempt from all Assessments. Such Assessments are to be established and collected as hereinafter provided. The Association's Annual and Special Assessments, together with interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each Assessment is made. Each such Assessment, together with interest, late fees, costs, and reasonable attorneys' fees, for the collection thereof, shall also be the personal obligation of the person or entity who was the Owner of such Lot at the time the Assessment fell due and shall not be the personal obligation of a successor in interest unless expressly assumed by such successor. The Annual and Special Assessments, when assessed for each year, shall become a lien on the Lot for the entire Annual or Special Assessment, but shall be payable upon resolution of the Board of Directors, in equal installments collected on a monthly, bi-monthly, quarterly, semi-annual or annual basis. Section 2. Purpose of Assessment. The Assessments levied by the Association shall be used to promote the recreation, health, safety and welfare of the residents and Owners of the Property, for the improvement, repair, and maintenance of the Common Area, including any storm water detention facilities, and drainage facilities, payment of taxes, construction of improvements and maintenance of services and facilities, and the maintenance of services devoted to these purposes or related to the use and enjoyment of the Common Area or other property, which the Association has the obligation to maintain, and for such other purposes as the Board of Directors may determine to be appropriate. Section 3. Establishment of Annual Assessment. (a) The Association must levy in each of its fiscal years an annual assessment (the "Annual Assessment") against each Lot which has been conveyed by the Declarant. The amount of such Annual Assessment shall be established by the Board of Directors, written notice of such shall be sent to every Owner at least thirty (30) days in advance of the commencement of each Annual Assessment period. The Annual Assessment shall become applicable to all Lots within a Section of the Property (as such Section is shown on a recorded subdivision plat) on the first day of the month following the first conveyance of the first Lot within that Section to an Owner-wfio is riot-flie Declarant:- M first Annual Assessment shall be -adjusted -according to the_ number of months remaining in the calendar year. r%) c-n Jr- (b) The amount of the AnnualAssessment shall be determined by the Board of Directors according to its estimate of the cost of providing services or rights -of -use which are common to all of the Lots. Until January 1 of the year immediately following conveyance of the first Lot to an owner other than the Declarant, the initial Annual Assessment shall be $70.00 per month per lot. Section 4. Basis of Annual Assessment. The Board of Directors shall have the authority to set the Annual Assessment charges for each lot. Said Annual Assessment may be increased after the first year and each successive year thereafter by a rate that is consistent with the rise, if any, of the Consumer Price Index, published by the United States Department of Labor for the Washington, D.C. standard metropolitan area. In the event the , increase in the Annual Assessment exceeds ten percent (10%) from the year preceding, then there will be required a vote by at least fifty percent (50%) of the votes of the Lot Owners who are present and voting at a meeting, which has been set forth for the purpose of increasing said Assessment. Notwithstanding what is stated above, any increase of ten percent (10%) or less shall require an affirmative vote of the Board of Directors to increase the Annual Assessment. There shall be no requirement that the Annual Assessment shall increase each year and the granting of the authority to the Board of Directors to increase the Annual Assessment shall in no way be deemed to be a mandatory obligation to increase said Assessment. Said meeting will be effective only if notice of the same was sent to the members (lot owners) not less than thirty (30) days and not more than sixty (60) days in advance of said meeting. Section 5. Special Assessment. In addition to the Annual Assessment 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, reconstruction, repair or replacement of capital improvements upon the Common Area, including the fixtures and personal property related thereto, or for any other specified purpose (the "Special Assessment"). The Special Assessment shall be levied against all of the Lots in each Section which benefit from the Special Assessment, pro rata according to each Section's benefit. The amount of the Special Assessment shall be the same for each Lot in any Section, but need not be uniform with the Special Assessment imposed on Lots in other Sections. Section 6. Working Capital Assessment. The Board shall determine and fix an amount, which shall be the Working Capital Assessment. The initial Working Capital Assessment shall be $100.00 per Lot. Payment of the initial Working Capital Assessment shall be due at settlement. Section 7. Rate of Assessment. The Annual Assessment shall be fixed at a uniform rate for all Lots, except for unoccupied Lots owned by the Declarant. The Special Assessment shall be fixed at a uniform rate for all Lots in a particular Section, except for unoccupied lots owned by the Declarant. The Declarant's Lots shall be exempt from all Assessments. Section 8. Notice of Assessment and Certificate. Written notice of the Annual Assessment shalTbe senfto Me-mber.--The due dates -for payment of the Annual Assessment shall be established by the Board of Directors. The Association shall, upon demand at any time, c-n C furnish a certificate in writing signed by an officer or authorized agent 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 9. Remedies of the Association In the Event of Default. If any Assessment pursuant to this Declaration is not paid within thirty (30) days after its due date, the Assessment shall bear interest at the rate of the prime interest rate, as stated in the Wall Street Journal, plus ten percent (10%) per annum from the date of delinquency, through the date of collection. In addition, in its discretion, the Association may: (a) impose a penalty or late charge as previously established by rule; (b) bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot, and interest, costs, and reasonable attorneys' fees of any such action shall be added to the amount of such Assessment. A suit to recover a money judgment for non-payment of any Assessment levied pursuant to this Declaration, or any installment thereof, may be maintained without perfecting, foreclosing or waiving the lien provided for herein to secure the same; (c) suspend a Member's voting rights, right to hold an office within the Association, and right to use recreational facilities or non -essential services offered by the Association to the extent that access and the provision of utilities to the Lot through the Common Area are not precluded. No Assessment shall be refunded in the event of suspension; and (d) accelerate the due date of the unpaid Assessment so that the entire balance shall become due, payable and collectible. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Area or facilities, abandonment of its Lot, or the failure of the Association or the Board of Directors to perform their duties. Section 10. Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein shall be subordinate to the lien of any properly recorded first trust or mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to a foreclosure of a first trust or mortgage, or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No . such sale or transfer shall relieve such Lot from liability for any Assessments which thereafter become due or from the lien thereof. Section 11. Exempt Property. The following property subject to this Declaration shall be exempt from the Assessments created herein: (a) all property dedicated to and accepted by a local public authority, and (b) the Common Area; however, no land or improvements devoted to dwelling use shall be exempt from said Assessments except as stated in Section 7 above. Section 12. Reserves for Replacements. The Association shall establish and maintain a %..w PO cn al reserve fund for the maintenance, repair. and replacement of the Common Area and improvements located thereon by the allocation and payment to such reserve fund of an amount to be designated from time to time by the Board of Directors, which reserve fund shall be sufficient, in the sole opinion of the Board of Directors, to accommodate such future maintenance, repair and replacement and which shall be a component of the Annual Assessment. Such fund shall be conclusively deemed to be a common expense of the Association and may be deposited with any banking institution, the accounts of which are insured by any state or by any agency of the United States of America or may, in the discretion of the Board of Directors, be invested in obligations of, or fully guaranteed as to principal by, the United States of America or the Commonwealth of Virginia. The reserve for replacement of the Common Area may be expended only for the purpose of effecting the replacement of the Common Area, major repairs to, replacement and maintenance of any improvements within the Common Area, including but not limited to sidewalks, parking areas, streets or roadways developed as a part of the Property, equipment replacement, and for start-up expenses and operating contingencies of a non -recurring nature relating to the Common Area. The Association may establish such other reserves for such other purposes as the Board of Directors may from time to time consider to be necessary or appropriate. The proportional interest of any Member in any such reserves shall be considered an appurtenance of the Member's Lot and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. ARTICLE VI RESTRICTIVE COVENANTS Section 1. The Property shall be used exclusively for residential and accessory purposes except as provided in Section 20 hereof. The Declarant reserves the right, for itself, pursuant to a recorded subdivision or re -subdivision plat, to alter, amend, and change any lot line or subdivision plan or plat. No building shall be erected, altered, placed or permitted to remain on any Lot other than one Dwelling Unit, garages and other approved appurtenant structures for use solely by the occupant of the Dwelling Unit. Section 2. No structure or addition to a structure shall be erected, placed, altered or externally improved on any Lot until the plans and specification, including design, elevation, material, shape, height, color and texture, and a site plan showing the location of all improvements with grading modifications, shall be filed with and approved in writing by the Architectural Review Board. "Structure" shall include, but not be limited to, any building or portion thereof, wall, deck, play equipment, greenhouse, skylight, solar panel, fence, pool, pavement, driveway, or appurtenances to any of the aforementioned. Section 3. No clothing, laundry or wash shall be aired or dried on any portion of the Property within public view. Section 4. No fence, wall, tree, hedge or shrub shall be maintained in such a manner as to obstruct sight liries for vehicular traffic _- c-n Section 5. Maintenance. The Association, by its Board of Directors, shall have the right to establish Rules and Regulations governing the maintenance of the Lots and Dwelling Units. Each Owner shall maintain its Lot and Dwelling Unit in a manner satisfactory to the Association and in accordance with the Declaration, Bylaws and rules and regulations of the Association and local law. In the event that a Lot or Unit is not so maintained, the Association shall have the right to enter upon the Lot or Unit to maintain the same, after giving the Owner at least fourteen (14) days written notice to cure any maintenance problems or deficiencies. In the event that the Association exercises its right of entry for maintenance purposes, the Association shall have the right to assess the particular Owner for the cost of such maintenance, including costs of collection, court costs and attorneys' fees. Section 6. An Owner shall, at all times, maintain its Lot and all appurtenances thereto in good repair and in a state of neat appearance. Except for flower gardens, shrubs and trees, which shall be neatly maintained, all open lot areas shall be maintained in lawns or other materials approved by the Architectural Review Board. All lawn areas shall be kept mowed and shall not be permitted to grow beyond a reasonable height. Except as required for proper sight lines, no tree of a diameter of more than four (4) inches measured two (2) feet above ground level shall be removed or planted without the approval of the Architectural Review Board. As stated above, the Association has the right to enter upon a Lot to maintain the same, after giving the Owner at least fourteen (14) days written notice to cure any maintenance problems or deficiencies. In the event that the Association exercises its right of entry for maintenance purposes, the Association shall have the right to assess the particular Owner for the cost of such maintenance, including costs of collection, court costs and attorneys' fees. Section 7. No noxious or offensive activity shall be carried on upon the Property, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood. No exterior lighting on a Lot shall be directed outside the boundaries of the Lot. Section 8. The only signs permitted on the Property shall be customary home and address signs and real estate sale or lease signs which have received the prior written approval of the Architectural Review Board ("Permitted Signs"). No more than one (1) Permitted Sign shall be displayed to public view on any Lot and must be less than or equal to four (4) square feet in total surface area and may not be illuminated. All Permitted Signs advertising a Lot for sale or rent shall be removed within three (3) days from the date of the conveyance of the Lot or of the execution of the lease agreement, as applicable. Section 9. No domesticated or wild animal shall be kept or maintained on any Lot, except for common household pets such as dogs and cats which may be kept or maintained, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding Lots or the neighborhood and are in compliance with applicable County ordinances. Law enforcement and animal control personnel shall have the right to enter the Property to enforce local animal control ordinances. Section 10. Trash shall be collected and stored in trash receptacles only and not in plastic -- - -- - - - bags:'Trash acid garbage -receptacles shall not be permitted to remain is public view -except on - days of trash collection, except those receptacles designed for trash accumulation located in the C} N cn CO Common Area. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on the exterior of any Dwelling Unit. Section 11. To the extent permitted by law, the following antenna are prohibited on a Lot: exterior antenna for the transmission of radio or television signals, exterior "dish" antenna for the reception of direct broadcast satellite service that are larger than one meter (39.37 inches) in diameter, and exterior antenna for receiving video programming services via wireless Cable that are larger than one meter (39.37 inches) in diameter or diagonal measurement. The Architectural Review Board may adopt further rules and regulations regarding location, placement and screening of exterior antenna and satellite "dish" antenna. Section 12. No person shall paint the exterior of any building or portion thereof, a color different than the original color of said building or portion thereof without the proposed color having been first approved in writing by the Architectural Review Board. Section 13. The exteriors of all structures, including, without limitation, walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of a structure shall not be permitted to remain in damaged condition for longer than three (3) months. Section 14. No fence or enclosure shall be erected or built on any Lot until first approved in writing by the Architectural Review Board as to location, height, material and design. No fence shall be allowed to be constructed to extend beyond the rear corner of the house and be installed any closer to any public street than the distance equal to the distance from the rear corner of the house to the public street and shall be of a type, which is attached and incorporated as Exhibit 1. Any fence or wall built on any Lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. Section 15. Unless housed inside the garage of the house, no inoperable, junk, unregistered, unlicensed or uninspected vehicles shall be kept on the Property. No portion of the Property shall be used for the repair of vehicles. Section 16. No commercial or industrial vehicles, such as, but not limited to moving vans, trucks, tractors, trailers, vans, wreckers, tow trucks, hearses and buses shall be regularly or habitually parked or parked overnight on the Property, except upon the prior written approval of the Architectural Review Hoard. Section 17. No recreational vehicles or equipment, such as but not limited to boats, boating equipment, travel trailers, camping vehicles or camping equipment shall be parked on the Property without the prior, written approval of the Architectural Review Board, as to location, size, screening and other relevant criteria. The Association shall not be required to provide a storage area for these vehicles. -_ Section 18 The Board of Directors shall have the right to tow any vehicle parked or kept in violation of these covenants contained within this Article, upon twenty-four (24) hours' notice C.:? rNa Cf1 to and at the vehicle owner's sole expense. Section 19. Any rental agreement for a Dwelling Unit must be for an initial period of at least six (6) months, must be in writing and must be subject to the rules and regulations set forth in this Declaration and in the other Association documents. Any failure by any tenant to comply with the terms of such documents shall be a default under the rental agreement. Section 20. The provisions of these Articles shall not apply to the development or construction of improvements on the Property by the Declarant or its respective assigns. The Declarant, or its respective assigns may, during its construction and/or sales period, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the Property and on or in any building or structure now or hereafter erected thereon. Section 21. The Association shall have the authority to adopt such rules and regulations regarding this Article as it may from time to time consider necessary or appropriate. Section 22. No garage may be converted into living space. ARTICLE VII ARCHITECTURAL REVIEW BOARD Section 1. Composition. The Architectural Review Board shall be comprised of three (3) or more members. Members shall serve staggered three (3) year terms as determined by the Board of Directors. As long as the Declarant owns any Lot within the Property, the Architectural Review Board shall consist of two (2) committees: the New Construction Committee and the Modification and Change Committee. When the Declarant no longer owns any Lots within the Property, the New Construction Committee shall be terminated. Section 2. Method of Selection. The Declarant shall appoint the members of the New Construction Committee. The Board of Directors shall appoint the members of the Modification and Change Committee. After the termination of the Class B membership, no member of the Modification and Change Committee may be a Director unless the member is a Class A member. Section 3. Removal and Vacancies. Members of the Modification and Change Committee of the Architectural Review Board may be removed by the Board of Directors with or without cause. Members .of the New Construction Committee may be removed by the Declarant with or without cause. Appointments to fill vacancies in unexpired terms shall be made in the same manner as the original appointment. Section 4. Officers. At the first meeting of the Modification and Change Committee of the Architectural Review Board following each Annual Meeting of Members, the Modification and Change. Committee shall elect from among themselves a chairman, a vice-chairman and a " -" ----- - secretarywho-shall perform the usual duties of their respective offices. CO N> 01 Section 5. Duties. The Committees of the Architectural Review Board shall regulate Re external design and appearance of the Property and the external design, appearance and location of the improvements thereon in such a manner so as to preserve and enhance property values and to maintain harmonious relationships among structures and the natural vegetation and topography. During the period the Architectural Review Board is comprised of the two (2) committees described above, the New Construction Committee shall regulate all initial construction, development or improvements on the Property. The Modification and Change Committee shall regulate all modifications and changes to existing Lots and improvements on the Property. In furtherance thereof, the Architectural Review Board shall: (a) review and approve or disapprove written applications of Owners for alterations or additions to Lots; Directors; Directors; (b) periodically inspect the Property for compliance with the Board of (c) adopt architectural standards subject to the confirmation of the Board of (d) adopt procedures for the exercise of its duties; and (e) maintain complete and accurate records of all actions taken by the Architectural Review Board. Section 6. Failure to Act. In the event the Architectural Review Board fails to approve or disapprove a correctly filed application within forty-five (45) days of the receipt of the application sent by Registered Mail or Certified Mail - Return Receipt Requested, the application shall be deemed approved, unless the Architectural Review Board has notified the applicant that it requires additional time to evaluate the application.. Failure of the Architectural Review Board or the Board of Directors to enforce the architectural standards or to notify an Owner of noncompliance with architectural standards or to notify an Owner of noncompliance with architectural standards or approved plans for any period of time shall not constitute a waiver by the Architectural Review Board or the Board of Directors of the enforcement of this Declaration at any later date. Section 7. Enforcement. Any exterior addition, change or alteration made without application to, and approval of, the Architectural Review Board shall be deemed to be in violation of these covenants, and may be required by the Board of Directors to be restored to its original condition at the offending Owner's sole cost and expense. Section 8. Appeal. Any aggrieved party may appeal a decision of the Architectural Review Board to the Board of Directors by giving written notice of such appeal to the Association or any director within twenty (20) days of the adverse ruling. ARTICLE VIII EASEMENTS Section 1. The Declarant grants to, and the Association reserves for, the Association, a blanket easement for the Association's directors, officers, agents and employees, and for all police, fire, ambulance personnel and all similar persons, to enter upon the. Property in the exercise of the enforcement of the covenants contained herein and functions provided for by this Declaration, Articles of Incorporation, Bylaws and rules of the Association, and in the performance of government functions. Section 2. The rights accompanying the easements provided for in Section 1 of this Article shall be exercised only. during reasonable daylight hours and then, whenever practicable, only after advance notice to, and with the permission of, any Owner or tenant directly affected when not an emergency situation or a government function. Section 3. Each Lot within the Property is declared to have an easement, not exceeding one (1) foot in width, over all adjoining Lots and Common Areas for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of a building, roof overhangs, gutters, architectural or other appendages, draining of rainwater from roofs, or any other similar matter. There shall be valid easements for the maintenance of said encroachments so long as such encroachments shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however that in no event shall a valid easement for encroachment be created in favor of an Owner if said encroachment occurred due to the willful misconduct of said Owner. In the event a structure on any Lot is partially or totally destroyed and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots shall be permitted and that there shall be valid easements for the maintenance of said encroachments as long as such encroachments shall exist. Section 4. The Declarant, and their agents and employees shall have a right of ingress and egress over the Common Area as required for construction and development of the Property. Section 5. There is reserved to the Declarant a fifteen (15) foot easement across the fronts and sides of all lots for the installation of utilities and a right to Declarant to grant non-exclusive easements over any Lot or Common Area for the purposes of installing, repairing and/or maintaining utility lines of any sort, including but not limited to storm drains and drainage swales, sanitary sewers, gas lines, electric lines and cables, water lines, telephone lines, telecommunication lines and cables, and the like, and for any purpose necessary for the Declarant or its assigns to obtain the release of any bonds posted with a municipality, governmental agency or regulatory agency, and non-exclusive easements over the Common Area to any municipal agency or private entity for any other purpose consistent with the "open space" designation thereof. This right to grant easements shall automatically expire as to any Lot or Common Area ten (10) years from the date of submission of such Lot or Common Area to this Declaration. Section 6. There is reserved to the Declarant a non-exclusive easement over all Lots and Q Q1 the Common Area for the purpose of correcting drainage, sidewalk installation, regrading, maintenance, landscaping, mowing, and erecting street intersection signs, directional signs, temporary promotional signs, entrance features, lights and wall features, and for the purpose of executing any of the powers, rights, or duties granted to or imposed on the Association herein. This easement shall automatically expire as to any Lot or Common Area ten (10) years from the date of submission of such Lot or Common area to this Declaration. Section 7. There is reserved to the Declarant an easement and the right to grant and reserve easements or to vacate or terminate easements across all lots and the Common Area as may be required by any governmental agency or authority or utility in connection with the release of improvement bonds or the acceptance of public streets fur state maintenance with respect to the Property. ARTICLE IX POWERS AND DUTIES OF THE ASSOCIATION Section 1. Discretionary Powers and Duties. The Board of Directors, on behalf of the Association, shall have the following powers and duties, which may be exercised in its discretion: (a) to enforce any covenants, rules, or restrictions which are imposed by, or adopted pursuant to, the terms of this Declaration or which may be imposed on any part of the Property. Nothing contained herein shall be deemed to prevent the Owner of any Lot from enforcing any building restriction in its own name. The right of enforcement shall not serve to prevent such changes, releases or modifications of the restriction or reservations placed upon any part of the Property by any party having the right to make such changes, releases or modifications in the deeds, contracts, declarations or plats in which such restrictions and reservations are set forth; and the right of enforcement shall not have the effect of preventing the assignment of those rights by the proper parties wherever and whenever such right of assignment exists. Neither the Association nor the Board of Directors shall have a duty to enforce the covenants, rules, or restrictions by an action at law or in equity if, in its or their opinion, such an enforcement is not in the Association's best interest. The expenses and costs of any enforcement proceedings shall be paid out of the general fund of the Association as herein provided for; provided, however, that the foregoing authorization to use the assessments for such enforcement proceedings shall not preclude the Association from collecting such costs from the offending Owner; (b) to provide such light as the Association may deem advisable on streets and the Common Area and to maintain any and all improvements, structures or facilities which may exist or be erected from time to time on the Common Area; (c) to build facilities upon the Common Area; (d) to use the Common Area and any improvements, structures or facilities erected -thereon subject -to the general -rules and regulations established and -prescribed by the Association and subject to the establishment of charges for their use; (e) to mow and resow the grass and care for, spray, trim, protect, plant and replant trees and shrubs growing on the Common Area, pedestrian accesses and buffers, and to pick up and remove from the Common Area all loose material, rubbish, filth and accumulation of debris; and to do any other thing necessary or desirable in the judgment of the Association to keep the Common Area in neat appearance and in good order; (f) to exercise all rights, responsibilities and control over any easements which the Association may from time to time acquire, including, but not limited to, those easements specifically reserved to the Association in the Articles entitled "Easements" herein; (g) to create, grant and convey easements upon, across, over and under all Common Areas, including but not limited to, easements for the installation, replacement, repair and maintenance of utility lines serving the Property; (h) to create subsidiary corporations in accordance with Virginia Law; (i) to employ counsel and institute and prosecute such suits as the Association may deem necessary or advisable, and to defend suits brought against the Association; 0) to retain with compensation from time to time such agents, employees and contractors as the Association may deem necessary in order to exercise the powers, rights and privileges granted to it, and to make contracts; (k) to enter on any Lot to perform emergency repairs or to do other work reasonably necessary for the proper maintenance of the Property; (1) to enter (or have the Association's agents or employees enter) on any Lot to repair, maintain or restore the Lot, all improvements thereon, and the exterior of the Dwelling Unit and any other improvements located thereon if such is not performed by the Owner of the Lot, and to assess the Owner of the Lot the cost thereof, such assessment to be a lien upon the Lot equal in priority to the lien provided for in the Article entitled "Covenant for Maintenance Assessments" herein; provided, however, that the Board of Directors shall only exercise this right after giving the Owner written notice of its intent at least fourteen (14) days prior to such entry; (m) to re -subdivide and/or adjust the boundary lines of the Common Area but only to the extent such re -subdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Property; (n) to make and enforce rules and regulations governing the use of the Common Area and with respect to such other areas of responsibility assigned to it by this Declaration, except where expressly reserved herein to the Members. Such rules and regulations may grant to the Board of Directors the power to suspend a Member's right to use recreational - - -. facilities or non=essential services for non=payment of assessmentsandto -assess charges -against - -- Members for violations of the provisions of the Declaration or rules and regulations, as provided =r� for in the Virginia Property Owners Association Act; and (o) the management of the Association shall be at the discretion of the Board of Directors. The Board of Directors shall have the option to manage the Association itself or to employ a management company, provided the compensation of the management company be satisfied by the Assessment Income. Section 2. Mandatory Powers and Duties. The Association shall exercise the following powers, rights and duties: (a) to accept title to the Common Area and to hold and administer the Common Area for the benefit and enjoyment of the Owners and occupiers of Lots; (b) to transfer part of the Common Area to or at the direction of the Declarant for the purpose of adjusting boundary lines or otherwise in connection with the orderly subdivision or development of the Property, but only to the extent such re -subdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Property; (c) to obtain and maintain without interruption liability coverage for any claim against a director or officer for the exercise of its duties and fidelity coverage against dishonest acts on the part of directors, officers, trustees, managers, employees or agents responsible for handling funds collected and held for the benefit of the Association. The fidelity bond shall cover the maximum funds that will be in the custody of the Association or its management agent at any time while the bond is in place. The fidelity bond coverage shall, at a minimum, be equal to the sum of three (3) months' assessments of all Lots in the Property plus the Association's reserve funds, if any; (d) to obtain and maintain without interruption a comprehensive coverage of public liability and hazard insurance covering the Common Area and easements of -which the Association is a beneficiary, if available. Such insurance policy shall contain a severability of interest clause or endorsement which shall preclude the insurer from denying the claim of an Owner because of negligent acts of the Association or other Owners. The scope of coverage shall include all coverage in kinds and amounts commonly obtained with regard to projects similar in construction, location and use. Further, the public liability insurance must provide coverage of at least $1,000,000.00 for bodily injury and property damage for any single occurrence; (e) to provide for the maintenance of any and all (i) improvements, structures or facilities which may exist or be erected from time to time. on the Common Area, including but not limited to, streetlights (including the payment of utility costs therefor), recreational facilities, entranceways and entrance areas, (ii) easement areas of which the Association is the beneficiary and for which it has the maintenance responsibility, (iii) facilities, including, but not limited to, fences and signs authorized by the Association and. erected on any easements granted to the Association, and (iv) streetlights that may be constructed within the rights -of way of any public streets within or adjacent- to- the Troperty and which the Commonwealth of Virginia or the - -- County requires the Association to maintain (including the payment of utility costs therefor); c +v rn CA (f) to pay all proper bills, taxes, charges and fees on a timely basis; and (g) to maintain its corporate status. ARTICLE X RIGHTS OF MORTGAGEES All Mortgagees shall have the following rights: Section 1. Notice. A Mortgagee shall be given written notification from the Association of the following: (a) any proposed action that would require the consent of a specified percentage of Mortgagees; (b) any default in the performance of any obligation under this Declaration or related Association documents by the Owner of a Lot that is the security for the indebtedness due the Mortgagee which is not cured within sixty (60) days after the Owner's receipt of notice of the default; (c) any condemnation or casualty loss that affects either a material portion of the Property or the Lot that is the security for the indebtedness due the Mortgagee; and (d) any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. Section 2. Unpaid Assessments. Any Mortgagee who obtains title to a Lot pursuant to the remedies provided in its mortgage or deed of trust, or foreclosure of the mortgage or deed of trust or deed in lieu of foreclosure will not be liable for such Lot's unpaid dues or charges which accrued prior to the acquisition of title to the Lot by the Mortgagee. Section 3. Books and Records. A Mortgagee shall have the right to examine the books and records of the Association during normal business hours and upon reasonable notice to the Association. Section 4. Notice. As outlined in later sections of this Article, Mortgagees shall have the right, upon request, to receive notice of (a) the decision of the Owners to abandon or terminate the Planned Unit Development (as defined by the Federal National Mortgage Association); (b) any material amendment to the Declaration, the Bylaws or the Articles of Incorporation; and (c) if professional management has been required by a Mortgagee, the decision of the Association to terminate such professional management and assume self -management. Section 5. Rights. Provided that improvements have been constructed in the Common Area and provided that -a -Mortgagee gives"written notice -to -the Association that it has relied -on the value of the improvements in making a loan on a portion or all of the Property, then such Mortgagee shall be further entitled to the following rights: 0 N Ql Cn (a) Subject to the right of the Declarant to annex additional areas as provided in the Article entitled "General Provisions" herein, unless at least sixty-seven percent (67%) of the Members, and Mortgagees representing at least fifty-one percent (51 %) of those Lots that are subject to mortgages or Deeds of Trust have given their prior written approval, the Association shall not: (i) fail to maintain fire and extended coverage insurance on insurable parts of the Common Area or other Association property on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value, based on current replacement costs, not including land value; (ii) use hazard insurance proceeds for losses to the Common Area or other Association property for other than repair, replacement or reconstruction of such property; (iii) add or amend any material provision of this Declaration or related Association documents concerning the following: (1) voting rights of any Member; (2) assessments, assessment liens, or subordination of such liens; (3) reserve for maintenance, repair and replacement of those parts of the Common Area that may be replaced or require maintenance on a periodic basis; (4) insurance or fidelity bond; (5) responsibility for maintenance and repair of the Property; (6) annexation or withdrawal of property to or, from the Property (other than annexation of those properties referred to in the Article entitled "General Provisions" herein); (7) leasing of Dwelling Units; (8) imposition of any right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey its property; (9) a decision by the Association to establish self -management when professional management has been required previously by a Mortgagee; (10) restoration or repair of the Property after a hazard damage or partial condemnation; CQ N Cn (11) reallocation of interests in the Common Area or rights to its use, except as provided in the Articles entitled "Voting Rights" and "Property Rights" herein; (12) converting Lots into Common Area or vice versa; (13) termination of the legal status of the Association after substantial destruction or condemnation of the subdivision occurs; and (14) any provisions that are for the express benefit of Mortgagees; (iv) by act or omission seek to. abandon, partition, subdivide, encumber, sell or transfer the Common Area. The re -subdivision and/or adjustment of boundary lines of the Common Area and the granting of easements by the Association shall not be deemed a transfer within the meaning of this clause; and (v) by act or omission, waive or abandon any scheme of regulations or their enforcement pertaining to the architectural design or the exterior appearance of Dwelling Units and their appurtenances, the exterior maintenance of Dwelling Units and their appurtenances, the maintenance of the Common Area, common fences and driveways and the upkeep of lawns and plantings in the Property. An addition or amendment to this Declaration or related Association documents shall not be considered material if it is for the purpose of correcting technical errors or for clarification only. A Mortgagee who receives a written request to approve additions or amendments who does not deliver or post to the requesting party a negative response within thirty (30) days of receipt of such request shall be deemed to have approved such request. (b) A Mortgagee may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon the lapse of a policy for such Common Area. The Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. (c) " The assessments imposed by the Association shall include an adequate reserve fund for maintenance, repairs and replacements for those parts of the Common Area which may be replaced or require maintenance on a periodic basis. Such reserves shall be payable in regular installments rather than by Special Assessment. (d) In the event that there is a condemnation or destruction of the Common Area or other Association property, to the extent practicable, condemnation and insurance proceeds shall be used to repair or replace the condemned or destroyed property. (e) Should there be excess insurance or condemnation proceeds after the -renovation, repair or reconstruction called for herein, such -excess proceeds -may be distributed equally to .the Owners, apportioned equally by Lot, subject, however, to the priority of a Ca R'V Cr. Mortgagee with regard to the proceeds applicable to the Lot securing said Mortgagee and in accordance with Virginia law. (f) The Association must provide an audited financial statement for the preceding fiscal year to a Mortgagee upon its written request. (g) Eligible Mortgagees representing at least sixty-seven percent (67%) of the votes of the mortgaged Lots must consent to the termination of the legal status of the project for reasons other than substantial destruction or condemnation of the Property. (h) The Association shall cause the immediate repair, reconstruction or renovation of any damage to the Common Area unless a decision not to repair, reconstruct or renovate is approved by all Mortgagees. ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration or other Association documents unless such right is specifically limited. Failure by the Association or by any Owner to enforce any right, provision, covenant or condition which may be granted by this Declaration shall not constitute a waiver of the right of the Association or an Owner to enforce such right, provision, covenant or condition in the future. All rights, remedies and privileges granted to the Association or any Owner pursuant to any term, provision, covenant or condition of the Declaration shall be deemed to be cumulative, and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies nor shall it preclude the party exercising the same from exercising such privileges as may be granted to such party by this Declaration or at law or in equity. Section 2. Severability; Headings; Conflict. Invalidation of any one of the provisions of this Declaration by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. Titles of paragraphs are for convenience only and are not intended to limit or expand the covenants, rights or obligations expressed therein. In the case of any conflict between the Articles of Incorporation and this Declaration, the Articles of Incorporation shall control; in the case of any conflict between the Declaration and the Bylaws, the Bylaws shall control. Section 3. Duration; Amendment. The covenants and restrictions of this Declaration shall run with 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, unless such right is specifically limited, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for success ee periodsoften"(10) years each, unless amended in whole or in part with _ - the assent of at least three -fourths (3/4) of the Members. Any amendment must be properly N GTIs ko executed and acknowledged by the Association (in the manner required by law for the execution and acknowledgment of deeds) and recorded among the appropriate land records. Notwithstanding what is stated above, Declarant reserves unto itself, and each Owner by acceptance of a deed or other instrument of conveyance to any Lot agrees, that Declarant shall have the right to unilaterally amend this Declaration or any corporate document related to the Association for the earlier of (i) ten (10) years from the date of the recordation of this Declaration; or (ii) until Declarant has conveyed all Lots in the Subdivision to third parties other than third party entities controlled by the Declarant, or any person or persons who hold a controlling interest in the Declarant. Section 4. Special Amendment. Notwithstanding anything herein to the contrary, the Declarant may unilaterally amend this Declaration for any reason prior to the conveyance of the first Lot to an Owner other than the Declarant, and thereafter may make any amendment required by any of the federal mortgage agencies, such as the Veterans Administration, Federal Housing Administration, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, or by the Court as a condition of the approval of this Declaration, by the execution and recordation of such amendment following notice to all Members. Section 5. Waiver. The Declarant, as the present most interested party in maintaining the high quality of development which by these covenants is sought to be assured for the Property, hereby expressly reserves unto itself (as long as these restrictions are in effect) the unqualified right to waive or alter from time to time such of the herein contained restrictions as it may deem best, as to any one or more of the Lots, which waiver or alteration shall be evidenced by the mutual written consent of the Declarant and the then -Owner of the Lot as to which some or all of said restrictions are to be waived or altered; such written consent to be duly acknowledged and recorded among the land records of Frederick County, Virginia. Section 6. Annexation of Additional Property. The Association may annex additional areas and provide for maintenance, preservation and architectural control of Lots and Common Areas within such areas, and so may add to its membership under the provisions of the Article entitled "Membership" herein, with the written consent of at least sixty-seven percent (67%) of the Class A Members; provided, however, that no such consent is required for the annexation by the Declarant of all or any part of any real property acquired by Declarant as anticipated herein, or otherwise. Upon the Declarant's purchase of any Phases as set forth herein, said Phases and the Lots therein shall be automatically annexed within the Association, and subject to this Declaration. Any future improvements on the annexed property must be consistent with or better than the initial improvements on the Property in terms of quality, design and construction and comparable in style, size and cost. Section 7. Withdrawable Real Estate. (a) The Declarant shall have the unilateral right, without the consent of the Class A Members or any Mortgagee, to execute and record an amendment to this Declaration withdrawing any portion of the Property on which Dwelling Units have not been constructed; provided however that not -more than five (5) years have lapsed since the date of the recordation - - - of this Declaration. 0 N Q (b) Upon the dedication or the conveyance to any public entity or authority of any portion of the Property for public street purposes, this Declaration shall no longer be applicable to the land so dedicated or conveyed.. Section 8. Management Contracts. For such time as the Declarant has Class B membership status, the Declarant shall have the right to enter into professional management contracts for the management of the Property for terms not to exceed one (1) year; provided, however, that the Association shall have the right to terminate such contracts upon sixty (60) days' written notice for cause, or upon ninety (90) days notice, without cause, to the other party and without payment of a termination fee. - Section 9. Dissolution. The Association may be dissolved with the assent given in writing and signed by at least three -fourths (3/4) of each class of Members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association, both real and personal, shall be offered to an appropriate public agency to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by the Association. In the event that such offer of dedication is refused, such assets shall be then offered to be granted, conveyed or assigned to any and accepted by such non-profit corporation, trust or other organization devoted to similar purposes and in accordance with Virginia law. Any such dedication or transfer of the Common Area shall not be in conflict with the then -governing zoning ordinances or the designation of the Common Area as "open space". Section 10. FHA/VA Approval. If any of the Lots are security for a loan guaranteed or insured by VA or FRA, and if there is a Class B Member, the following actions will require the prior approval of the FHA or the VA: (a) annexation of additional properties, except the land described in the Section above entitled "Annexation of Additional Property"; (b) mergers, consolidations and dissolution of the Association; (c) mortgaging or conveyance of the Common Area; and (d) amendment of this Declaration. ARTICLE XII PARTY WALLS - PARTY WALLS AND FENCES Section 1. The general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto, except to the extent that such general rules of law have been modified in this Declaration. Section-2.-Upkeep:-The Owners served by a party -wall shall provide for the upkeep and maintenance of the party wall and shall share equally all of the cost and expense of its upkeep 0 Aa -.r except as otherwise provided in this Article. If a party wall is destroyed or damaged by fire or other casualty, the Owners served by the party wall shall share equally the costs of the repair or relocation thereof except as otherwise provided in this Article. No Owner shall impair the structural integrity of any party wall or diminish the fire protection afforded by any party wall. Section 3. Cost of Upkeep, Repair or Restoration. The following procedures shall be followed in connection with the upkeep, repair or restoration of any party wall. (a) Notice to Other Owners. Any Owner served by the party wall shall notify the other Owner(s) served by the party wall of any proposal to maintain, repair or restore any party wall. If within ten (10) days after such notice (or in an emergency, within twenty-four (24) hours after such notice or a bona fide attempt to give such notice) the other Owner has not responded to the notice, then the Owner giving notice may proceed with the repairs. Such repairs must be substantially similar to the original construction and installation of the party wall and of first class quality, but may be made with contemporary materials. (b) Cooperative Action. If the other Owner served by the party wall responds to the notice, the Owners shall act together to maintain, repair or restore the party wall. The Owners shall attempt in good faith to agree upon the action to be taken. (c) Contribution of Cost. If any Owner maintains, repairs or restores a party wall in accordance with this Section, then the other Owner shall contribute one-half (1/2) of the cost thereof. An Owner may, however, demand a larger contribution from the other Owner or refuse to contribute one-half (1/2) of such costs, under any rule of law or equity regarding liability for negligent or willful acts or omissions. Any Owner's refusal to contribute one-half (1/2) of the costs of the maintenance, repair or restoration of a party wall shall be subject to arbitration. (d) Association Rights. To the extent that any failure to maintain, repair or restore a party wall affects the use and enjoyment of any Common Element, any Limited Common Element or appearance of the Property, the Association may participate in the maintenance, repair or restoration of the party wall and, in an emergency situation threatening life or property, may make such repair without notice to the Owners. The Association may assess the cost of such maintenance, repair or restoration against the Owners responsible for the damage or benefiting from the maintenance, repair or restoration pursuant to Article VII, §— S and 6 hereof. Section 4. Liability. Any Owner, who by a negligent or willful act or omission, causes or permits a party wall to be damaged shall pay the cost of repairing or restoring such party wall to its condition prior to such damage. Section 5. Fences and Other Barriers. The provisions of this Article pertaining to party walls shall also govern any fence, other barrier or shared improvement originally installed by the Declarant (except for fences or barriers installed in connection with construction activities) and to any replacement -thereof authorized by the Board of Directors or the Architectural Review Committee; otherwise, the upkeep of any fence, other barrier or improvement shall be the N N responsibility of the Owner installing such fence, barrier or improvement unless different arrangements are agreed to by the adjoining Owners. Section 6. Right to Contribution Runs With Land. Rights and duties of contribution set forth in this Article and any such rights and duties arising under the laws of Virginia shall run with the land and bind successors in interest. This Article shall not prejudice any right of a successor in interest to recover any amount from a predecessor in title for which such predecessor was liable. Any rights of contribution set forth in this Article shall constitute a lien in favor of any Owner entitled to contribution against any Owner obligated to pay such contribution. Until fully paid and satisfied, the lien shall apply to and encumber all of the Lots that were owned, as of the date when payment was due, by the Owner from whom payment was due, and shall also apply to and encumber any and all Lots thereafter acquired by that Owner from the time such Owner becomes the Owner thereof The lien created by this Section shall be prior to all liens and encumbrances, except Mortgages, real estate taxes and other charges levied by governmental authority made superior as a matter of law, and the Association's lien established in Article S, § I hereof. (SIGNATURE PAGE FOLLOWS) WITNESSETH, the following signatures and seals: BROOKLAND MANOR, L.C. A Virginia ' ted liability company By: (Seal) Its: COMMONWEALT OF VIRGINIA CITY/COUNTY OF��,, cj( , TO WIT: The fore oin instrument was acknowledged by aAV (� �i of Brookland Mar My Commission �� : � NOTARY �...; 50 O: PUBLIC :2 j REG # 266226 MY COMMISSION EXPIRES 2' :�� •'•. 02128/2010�: ',�pMM"'r�',,�v,'_��•....•••' me this day o£-. 2008, K NdtaryPublic' ( Registration No. BROOKLAND MANOR PROPERTY OWNERS' ASSOCIATION, INC. A Virginia Non -Stock Corporation By: (Seal) Its: COMMONWEALTIVOF VIRGINIA CITY/COUNTY OF (, TO WIT: The fore going instrument was acknowledged before me this day o2008, g g by ` (� o�� 4'G(of Brookland M, r, perty ers' sociation, Inc. Notary Public Registration No. My Commission expires: eZ -.,Z-y - 2 O 1 a Vl RGINIA:.FREDERICK COUNTY.SCT. This instrument of writing was produced to me ions 9"// -2-`»z3 at �-S / P/0 , with certificate acknowledgement thereto annexed s, .,., admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable. 1 ,Clerk �.• p.. B URA •. •'NOTARY N 0 PUBLIC 2 REG # 266226 MY COMMISSION EXPIRES 10 ;45 �.,02/28/2010�.� Cam; !FFICIAL RECEIPT FREDERICK CIRCUIT;.OUPT i � DEED RECEIPT DATE: tt4ill!02 TIME: 14:33:45 ACrBUYT- 069!.°LROPO01074A RECEIPT: 0¢F= (ifllgl4 % I i CASHIER.- SSM RES: WE'17 TYPE: DV-PL PAYMENT: FALL PAYMENT INSTRUMENT • OBA(110740 BOOK: FREE: RECORDED- 60/11f06 AT 14:33 GRANTOR: 9RO0YLAND MANOR LC EX: N LOC: CO GRANTEE: SR00KLANI MANOR LC EX: N PCT: i00" AND ADDRESS : RECEIVED OF : DAVID HOLIDAY CHECK: 121.00 DESCRIPTION 1: R $ DIST PAGES: 6 O!P A 2: DROOKLAND MANOR NAMES: C, CONSIDERATION: .CO A/VAL: .00 MAP: 54-2-6 PIN: 301 DEEDS 14.50 145 VSLF i.SF' f 106 TECHNOL06Y TEST FWD 5.00 TENDERED 21.00 AMOUNT PAID: 21.00 CHANGE AMT U L! CLERK OF COURT: REBECCA P. H06AN i I i Ji� oc-,e (vso) v`�i a MUtrument was prepared by Kimberly M. Athey, Esquire. t THIS DEED OF SUBDIVISION made this jr�e� day of , 008, by BROOKLAND �- MANOR, L.C., a Virginia limited liability company, GRANTOR and GRANTEE, whose address is 420 W. Jubal Early Drive, Suite 103, Winchester, Virginia 22601. WITNESSETH: WHEREAS, Brookland Manor, L.C. is the owner of a tract of land, identified as Frederick County PIN 54-2-6; which said tract of land was acquired by the company by instrument of record in the Circuit Court Clerk's Office of Frederick County, Virginia, as Instrument #050018510, (hereinafter "Property"), which Property is more particularly described and set forth on a plat prepared by David B. Weems, P.E., entitled "PLAT SHOWING SUBDIVISION OF LANDS OF BROOKLAND MANOR, L.C., OUTLOT 1, RED BUD DISTRICT, FREDERICK COUNTY, VIRGINIA" dated May 12, 2008, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS, Brookland Manor, L.C. desires to subdivide the Property as set forth on the attached and incorporated Plat. NOW, THEREFORE, WITNESSETH, in consideration of the premises, Grantor does hereby subdivide and create the parcels as said parcels are set forth on the attached and incorporated Plat, said parcels being Outlot 1 and Residue (54-2-6). This subdivision is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation, the Frederick County Sanitation Authority, and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The platting and dedication of the aforementioned parcels is with the free consent and in accordance with the desire 1 0- of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. WITNESS the following signature and seal: BROOKLAND MANO By: Da ' H lliday, r STATE OF VIRGIN CITY/COUNTY OF �(-d,.r i (j t , to -wit: Ur v , a Notary Public in and for the State and City/County aforesaid, do certify that David B. Holliday, Manager of Brookland Ma�uoDr,�.L..C., whose name is signed to the foregoing Deed of Subdivision, dated the � day of 4ttg 2008, has this day personally appeared and acknowledged the same before me in the State and City/County aforesaid. Given under my hand this day of ` st, 2008. My Commission expires:ij� AA 1 a`,,1�111111111//I/' P; B �!?l�c '•, Notary Public Q� •'NOTARY'• ;sp Registration No. O:' PUBLIC ;Z REG # 266226 Z S : MY COMMISSION Q EXPIRES Z� %��iAA•'• 0212812010; '\���; o4 2 ,{i� 0� 4 + �• ' 4y :� f y.. ,�,.`.'t "dam { t;. ,oy __.n � J�M VICINITY MAP Scale. 1 "= 2000' Virginia Department o ransportotion D �- /6C14,Vy ade F(t5OFick County Sanitation Authority Date rederick County Subdivision Administrator Date OWNER'S CERTIFICATE.• The above and foregoing subdivision of BROOKLAND MANOR OUTLOT 1 as appears on the accompanying plat, is in accordance with the free consent and desires of the undersigned owner(s), proprietor(s) and trustee(s), if any. By. BROOKLAND OR, L. C COMMONWEALTH OF VIRGINIA CITY / COUNTY OF ire P/,GL THE E RREGOI G IN TRU T A ACKNOW E GED BEFORE ME THIS _ DAY OF y- ZQO_� MY COMMISSION EXPIRES ,....... OT PUBLIC #3103 ENGINEER'S CERTIFICATE.=•.�� a 1, David B. Weems, being a licensed professional engineer in the Commonwealth of '`'`�j,,,,•irt►10,°� Virginia, do hereby certify that, to the best of my knowledge and belief, the land contained in the subdivision shown herein is a portion of the property conveyed to Brookland Manor, L.C., by deed dated August 17, 2005, recorded amongst the land records of Frederick County as Instrument Number 050018510. yTH 0 L VA A DAVID B. WEEMS, P.E. LIC. #022971 AVID . WEEMS Lic No. 022971 DATE: JULY 2007 COVER SHEET SHEET 1 OF 3 r4cy Dewberry PLAT SHOWING S OBIVISION OFLANF SIONAL ` Dewberry & Davis LLC BROOKLAND MANOR, L.C. 1503 Edwards Ferry Road, Suite 200 OUTLOT 1 DRAFTED CHECKED Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 CLM DOW Fax 703.771.4091 RED BUD DISTRICT PROJ. NO. DWG. NO. www.dewberry.com FREDERICK COUNTY,VA. 10008400 RPA-685-LC RESIDUE TAX MAP #54-2-6 BRE WOOD HOM 55C-5 3_89A ASSOCIAnpNO ERS D.B. 6811674 ZONE' RP USE: OPEN SPA CE OU TLOT 59,252 S.F. w _ / i v RcmMirv� in o NO5'5 z� 26 0 U 35' R/W SETBACK v t EX- BROOKLAND LANE R/W b RESERVATION (RTE 658) cD DB 377/591 Ek BROOKLAND LANE R (RTE 658) NST. #020011392 N08'21'49"E 23.84'--- ,w C5 in 39.94' N1O0 28'W RESI TAX MAP #54-2-6 EX BLDG TO BE REMOVED) DATE: JULY 2007 SCALE: 1" = 50' SHEET 2 OF 3 Dewberry LANDS SHOWING SUDBIVISION OF LANDS OF Dewberry & Davis LLC BROOKLAND MANOR, L.C. 1503 Edwards Ferry Road, Suite 200 OUTLOT 1 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT Fax 703.771.4091 FREDERICK COUNTY,VA. www.dewberry.com Q GRAPHIC SCALPO 0 25 50 100 25' REAR IN FEET ) YARD ISET8ACK 1 inch = 50 ft. 0 �o Sao .8. 4 DAVID B. WEEDS Uc No. 022971 `[�,((Zf p r DRAFTED CLM PROD. NO. 10008400 CHECKED DBW DWG. N0. RPA-685-LC NOTES. p 1. THE PROPERTY DELINEATED ON THIS PLAT IS DESIGNATED AS TAX MAP AMONGST THE LAND RECORDS OF FREDERICK COUNTY, VA. oi 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE ALL EASEMENTS AND/OR ENCUMBRANCES MAY NOT BE SHOWN. 3. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY APPEARS TO BE SITUATE IN ZONE "A6"— AREA OF 100 YEAR FLOODING, BASE ELEVATIONS & FLOOD HAZARDS DETERMINED & ZONE "C"— AREA OF MINIMAL FLOODING PER FEMA F.I.R.M COMMUNTIY PANEL NO. 510063 0115B, DATED JULY 17, 1978. ACTUAL ELEVATION CAN ONLY BE DETERMINED BY A FLOOD ELEVATION CERTIFICATE. 4. THIS SURVEY PERFORMED BY DEWBERRY IN NOVEMBER/DECEMBER 2005, ENTITLED "PLAT OF RESURVEY, LANDS OF BROOKLAND MANOR, LC'; INST.#060002565. 5. THE EXISTING RESIDENCE ON THIS PARCEL IS SERVED BY PUBLIC WATER AND SEWER. CURVE DATA RADIUS = 50.00' LENGTH = 63.39' TANGENT = 36.75' DELTA = 72'38'08" CHORD = 59.23' CH BEARING = S40'25'36"W AREA TABULATION ZONE: RP USE: RESIDENTIAL OLD: TM 54-2-6: 320,262.46 S.F. OR 7.35 AC. TOTAL: 320,262.46 S.F. OR 7.35 AC. NEW: RESIDUE (54-2-6): OUTLOT 1 TOTAL: 261, 010.77 S.F. OR 5.99 AC. 59,251.69 S.F. OR 1.36 AC. 320,262.46 S.F. OR 7.35 AC. DATE: JULY 2007 1 NOTES I SHEET 3 OF 3 1 9 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com PLAT SHOWING SUDBIVISION OF LANDS OF BROOKLAND MANOR, L.C. OUTLOT 1 RED BUD DISTRICT FREDERICK COUNTY,VA. >j DAVID M.vs Lic No. 022971 7j(46.a DRAFTED CHECKED CLM DBW PROJ. NO. DWG. N0. 10008400 RPA-685-LC 69 VIRGINIA: FREDERICK COUNTY.SCT. This in strument of writing was produced to me on toat 22' 3 3 {' ,p - IM . and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $, and 58.1-801 have been paid, if assessable. 46,44 , Clerk ?FFICIAL RECEIPT FREDERICK CIRCUIT COL+PT PEEN RECEIPT DATE: 0!1110E TIME: 14-30:24 ACCOUNT: 069CLR0G0010741 RECEIPT: 08000018104 CASHIER: SSM RES: WE17 TYPE: DOD-PL PAYMENT: FULL PAYMENT INSTRUMENT : A80010741 BOOK- PAGE: RECORDED, 0? 11110e AT 140 GRANTOR: PROOKLAND MANOR LC EX: N LOP: CO GRANTEE: COMMONWEALTH OF VIRGINIA EI: N PH: 100V AND ADDRESS RECEDED OF DAVID HOLLIDAY DATE OF DEED: (k4111103 CHECK: $36.( DESCRIPTION 1: R P DIST PAGES: 15 01P A -- ?: BRODKLAND MANOR. PH 1 NAMES: P CONSIDERATION: .0 ANAL: .00 MAP:54-3-5 PIN: 301 DEEDS 28.5A 145 VSLF i 106 TECHNOLOGY TRS T FND 5.00 035 YOF FEE 1. E(+ TENDERED 36.00 AMOUNT PAID: 36.(10 is CHANGE AMT CLERK OF COURT: REBECCA P. HOGAN 22-rmMo-M Ph Q 1 O iV 080010741—� This instrument was prepared by Kimberly M. Athey, Esquire. co THIS DEED OF SUBDIVISION OF PHASE ONE AND DEDICATION AND EASEMENT made this 4L day of AQ�,2008, by BROOKLAND MANOR, L.C., a Virginia limited liability company, GRANTOR and GRANTEE, whose address is 420 W. Jubal Early Drive, Suite 103, Winchester, Virginia 22601, the COMMONWEALTH OF VIRGINIA, GRANTEE, and FREDERICK COUNTY SANITATION AUTHORITY, a Virginia corporation organized and existing under the provisions of the Virginia Water and Sewer Authorities Act (Code of Virginia Section 15.1-1239 et seq.), GRANTEE. WHEREAS, Brookland Manor, L.C. is the owner of two tracts of land; the first tract containing 3.18 acres, is identified as Frederick County PIN 54-2-5, and was acquired by the company by instrument of record in the Circuit Court Clerk's Office of Frederick County, Virginia, as Instrument #040008784; and the second tract containing 5.99 acres, was created by Deed of sir, i/ Subdivision, dated ,iuL _, 2008, and recorded in the aforesaid Clerk's Office as Instrument # /iY0010 7 yd , and is the residue of a 7.35 acre tract of land identified as Frederick County PIN 54-2-6, and acquired by the company by instrument of record in the aforesaid Clerk's Office as Instrument #050018510, (hereinafter "Property"), which Property is more particularly described and set forth on a plat prepared by David B. Weems, P.E., entitled "FINAL PLAT OF SUBDIVISION, BROOKLAND MANOR PH. 1, LANDS OF BROOKLAND MANOR, L.C., RED BUD DISTRICT, FREDERICK COUNTY, VIRGINIA" dated May 13, 2008, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS, Brookland Manor, L.C. desires to subdivide the Property as set forth on the 1 C' attached and incorporated Plat; to convey and dedicate for public right-of-way that portion of the Property shown and set forth on the attached and incorporated Plat as "HEREBY DEDICATED FOR PUBLIC RIGHT-OF-WAY"; to convey the sidewalk maintenance easement shown and set forth on the attached and incorporated plat as "VDOT SWLK MAINT. ESMT."; to convey the sewer and water easements shown and set forth on the attached and incorporated Plat as "FCSA 30' SEWER & WATER ESMT." and "FCSA SEWER & WATER ESMT."; to create the other and various easements set forth on the attached and incorporated Plat to facilitate the development of the Property; and to reserve a 10' foot permanent easement across each Lot created hereby along any lot line that adjoins any road or street shown on the attached and incorporated Plat and also to reserve a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. NOW, THEREFORE, WITNESSETH, in consideration of the premises, Grantor does hereby subdivide and create the parcels as said parcels are set forth on the attached and incorporated Plat, said parcels being Lots 1 through 24, inclusive, and Open Space Parcels A and B, Brookland Manor Subdivision, Phase 1. This subdivision is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation, the Frederick County Sanitation Authority, and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The platting and dedication of the aforementioned parcels is with the free consent and in accordance with the desire of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby grant and convey to the Commonwealth of Virginia and dedicate for public right-of-way that 2 i N tV CD portion' of the Property set forth on the attached and incorporated Plat, and designated thereon as "HEREBY DEDICATED FOR PUBLIC RIGHT-OF-WAY." Said dedication is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The dedication of this public right-of-way is with the free consent and in accordance with the desire of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby grant and convey to the Commonwealth of Virginia the sidewalk maintenance easement as shown and set forth on the attached and incorporated plat as "VDOT SWLK MAINT. ESMT." Said conveyance is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation and Frederick County, Virginia as evidenced by the signatures set forth on the attached and incorporated Plat. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby grant and convey to the Frederick County Sanitation Authority permanent water and sewer easements over and across the Property as shown and set forth on the attached and incorporated Plat as "FCSA 30' SEWER & WATER ESMT." and "FCSA SEWER & WATER ESMT."; Said conveyance is made with the consent and approval of the appropriate authorities of the Frederick County Sanitation Authority and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The permanent easements herein conveyed grant to the Frederick County Sanitation Authority and its successors and assigns the perpetual right to install, lay, and maintain works 3 C"?t- c�r,: and systems for the collection and transmission of water, sewage, and/or waste water, in"Mding the right to go on, over and upon the said permanent easements for the purpose of installing, laying, maintaining, repairing, and replacing the same as needed. Grantor shall retain the right to use its lands which are subject to the easements acquired herein in any manner which does not interfere with the use and enjoyment of the rights of the Frederick County Sanitation Authority and its successors and assigns. Grantor shall at all times have the right to cross over and upon the said easements and to use the surface over the easements in such manner as will neither injure or interfere with the construction, operation, or maintenance of the works and systems for the collection and transmission of water, sewage, and/or waste water, except that no building or other structure shall be erected over said permanent easements. Whenever the enjoyment of its rights hereunder requires the Frederick County Sanitation Authority to disturb the surface of the ground, it shall be the obligation of the Frederick County Sanitation Authority, at its expense, to restore the ground to its condition prior to being so disturbed. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby create and establish the other and various easements as shown and set forth on the attached and incorporated Plat, including those for storm sewer, ingress and egress, and gas, which easements shall run with the land and shall benefit and be binding upon the owner(s) of the Property, and their respective heirs, successors, and assigns. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby reserve a 10' foot permanent easement across each Lot created hereby along any property line that adjoins any road or street shown on the attached and incorporated Plat and also reserves a 4 C5 N N 10' permanent easement across each Lot created hereby along the rear lot line of each Lot WITNESS the following signature and seal: BROOKLAND MANOR. L.C. LIM k] STATE OF VIRGIN CITY/COUNTY OF f U. L , to -wit: I, TQI NJ Uf((Son(, a Notary Public in and for the State and City/County aforesaid, do certify that David B. Holliday, Manager of Brookland Manor, L.C., whose name is si ed to the f e mg Deed of Subdivision of Phase One and Dedication and Easement, dated the day of -=I 2008, has this day personally appeared and acknowledged the same before me in the State and City/County aforesaid. Given under my hand this _LL day of�008. My Commission expires: 2 - " o� '6�••NOTARY 's02:= Notary ublic • 0 ; pUBI iC .. REG # LIG 26 : = Registration No. MY COM�hISSION t ¢ 2 n % EXPIRES z ;�� ••.. oy2a12o10;��.`� pie ��/(�'',�'•",,�.....••F \ 5 of Scale: 1 "= 2000' O rederick County Subdivision Administrator Date ounty -)anitatlon Hutnority h a ueportment or Ironsportat/on Date e OWNER'S CERTIFICATE. The above and foregoing subdivision of BROOKLAND MANOR PHASE I and Outlot 1 as appears on the accompanying plat, is in accordance with the free consent and desires of the undersigned owner(s), proprietor(s) and trustee(s), if any. BROOKLAND MANOR PHASE By. BROOKLAND R, L.C. COMMONWEALTH OF VIRGINIA j OUTLOT 1 By. BROOK ANOR; L . CITY / COUNTY OFr THE =RE01 G STR M BY MY COMMISSION EXPIRES ENGINEER'S CERTIFICATE.• ACgOWLEDGED BEFORE ME THIS DAY OF "PfPfPPP&P'O� N ± • R ARY PUBLIC ,�cg �/�ztR•._ '.c=' �c 1, David B. Weems, being a licensed professional engineer in the Commonwealth of Virginia, do hereby certify that, to the best of my knowledge and belief, the land contained in the subdivision shown herein is a portion of the property conveyed to Brookland Manor, L.C., by deed dated May 15, 2004, recorded amongst the land records of Frederick County as Instrument Number 040008784 and by deed dated August 17, 2005, recorded amongst the land records of Frederick County as Instrument Number 050018510. DAVID B. WEEMS, P.E. LIC. J022971 DATE: JULY 2007 COVER SHEET I SHEET 1 OF 9 FINAL PLAT OF SUBDIVISION Dewberry BROOKLAND MANOR PH. 1 Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT Fax 703.771.4091 FREDERICK COUNTY,VA. www.dewberry.com �i �h ••1 • } .• 1 a, r�P41ItP fl m.'..,f�. r� DAVID R. WEEMS 9 Lic. N 022971 13[61 A 1 r1..s7orrel. DRAFTED CLM PROJ. NO. 10008400 CHECKED DBW D WG. N 0. RPA-684-LC STORM —zz- N/F SEWER ESMT. 54B 3 2 57A OAKCREST PROPERTIES, INC. INST # 010008968 ZONE: RP v`o N05 USE: OPEN SPACE gin. LOT 36 LOT 37 LOT 38 -- I LOT 39 LOT 40 O LOT 41 a m IV 1`L 9 V PARCEL A 84.877 S.F. W 104.63 I LOT 13 3,289 S.F. li S 05'54' 7" E 1 LOT 12 2,034 S.F. N 05'54 " 7 W 100.09' o LOT 11 `D 2,000 S.F. S 05'54' 7" E 100.00' a LOT 10 0 2,000 S.F. N �IL w o N 05-54'Q7" W 100.00' �t ►Q-I _ LOT 9 M N 2,000 S.F. i 'n S 05'54' 7" E 100.00' c' o LOT 8 `n L` 00 0 3,000 S.F. Nz 0 N 05'54'2.7' W — 100.00' 84 877 S.F. PROP.CURB 00 V) 50' REAR PERIMETER YARDLO SETBACK Ito ti [It ry LOT 42 O -4 >- w LOT 43 LOT 44 LOT 45 — — LOT 46 LOT 47 J 0 0 0 0 CO I w I I� la w w In 0 t 00 It z 0 zr 00 N/F z 54B 3 2 57A o N 05'54'27" W 100.00 OAKCREST PROPERTIES, INC. c� I� PARCEL A 84,877 S.F. INST # 010008968 ZONE: RP USE: OPEN SPACE :.:::.:: C4 � — 0 GRAPHIC SCALE so �, c5 �33.26 L76 - — �' 30' Ln 10' GAS �tk 30' 18,810 S.F. HEREBY DEDICATED EASEMENT ,�N. FOR PUBLIC RIGHT—OF—WAY W FEET) — — 1 inch = 40 ft. N 05'59'08" W 494.03' 30' EX. BROOKLAND LANE R/W (3&) Wp-..MAW INST. #020011392 r '1 L70 X' ` LOT 24 Z Y 20' PARKING SETBACK k d'Q -- �m N LOT_23 LOT 22 SEWER FCSA 'N & WATER ESMT. >x — — i LOT 21 N 20' LOT 20 STORM ` 1 5,' SEWER ESMT. S 05'54'27' E 100.00' o LOT 7 0 3,000 S.F. ,n 100.00' Y �po J y N 05'54'2 W LOT 6 o 2,000 S.F. 0 1 ,� N S 05'54 7 E— (1 o ' LOT 5 0 2,000 S.F. o N ., W W 0 LOT 4 0 0 2,000 S.F. ]4 0 N S 05'54'2 " E ' 0 — LOT 3 0 00 000 S.F. 1 N N 05'54 21� �2, 1 0 _W_ LOT 2 -� 0 2,000 S.F. m 0 N 05'54'2 " E ' — o LOT 1 20' 00 3,000 S.F. 6 35' R/W SETBACK N /F 541 7 1 90A WINDSTONE HOMEOWNERS EX WINDSTONE SUBDIVISION ASSOCIATION, INC. INST # 020021380 ZONE: RP USE: OPEN SPACE DATE: JULY 2007 SCALE: 1" = 40' SHEET 2 OF 9 FINAL PLAT OF SUBDIVISION Dewberry BROOKLAND MANOR PH. 1 Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT Fax 703.771.4091 FREDERICK COUNTY,VA. www. dewb erry. c om J LOT 19 LOT 18 LOT 17 LOT 16 +FCSA 30' SEWER & WATER ESMT. 1.299 ACS. — — LOT 15 INGRESS/EGRESS ESMT L50 LOT 14 PARCEL A -' 84,877 S.F. i--L— �� 9 DAVID B. WEEMS Uc. No. 022971 1154 _ d DRAFTED CLM PROD. NO. 10008400 CHECKED DBW DWG. NO. RPA-684-LC p CD BRENTWp p p H� 5CN5-3_89A _ MEOW GRAPHIC S'CALE L3 D•B• 681NERS 4SSOClArjON N 0 10 40 80 — ZONE. �674 Cn RP L 4 ._ .., OPEN SPACE ( IN FEET) $ F, N 1 inch = 40 ft. hg� .� ti5 �+�++sarow C 0Nd STORM S�5 L56 SEWER ESMT. P ,\ M S 05`54'27" E 104.63'. j ah LOT 13 M ¢ -- -j k LOT 12 S 05'54'27" ECN 98x5�2%L lei J O co LOT 2 0 LOT 11 N . J — 2_645 S.F. F- S 05'54'27" E 100.00' o: o RESIDUE TAX MAP # I — — 0 54-2-5 L5 LOT 10 20' LOT 23 0 0 2,000 S.F. cv 6,178 S.F. .0) . °': (FUT PHASE 2) ' 6 w LOT 9 N 05'54'27" W 100.00- 20' FRONT LOT 22 0- SETBACK 2,000 S.F. STORM J M — — » — — SEWER ESMT. L.' o LOT 8 S 05'54 27 E LOT 2,100.00 - o o vi � J ' L8 3,000 S.F. :a ' S06'48'19"E r 00 L53 cn. 111.52 boot N 05'54'27" W_ 100.00'IJIi ' r c0 00 J\`� ' " 100.00 S 05'54 27 E 100.00' — LO LOT 7 L21 LOT 20 L52 0 a: N06'48'1 ?"W O <t 3,000 S.F. 0 0 123.15 r� { N 05'54'27" W— 100.00' W J -- LOT 19 0 0 LOT 6 oil! 2,000 S.F. o .o. S 05'54'27" E 100.00' N cD. N o — — of Q, LOT 18 0 CO o tOT 5LY , �m 2,000 S.F. o z o N N 05'54'27" W 100.00' N LOT 4 LOT 17 0 RESIDUE 2,000 S.F. 0 : TAX MAP # U — — -' S 05'54'27" E 100.00' N 54-2-5 IQ LOT 3 — —LOT 16 0 10,248 S.F. ICL , 2,000 S.F. 0 (FUT PHASE 2) w IN 05'54'27" W 100.00' N LOT 2 FCSA 30' SEWER � LOT 15 o a r� O P . & WATER ESMT. 2,000 S.F. N 0 0 _ — S 05'54'27 E 100.00 00' 5, LOT 1 INGRESS/ 020 LOT 14 0 10' GAS z 3,000 S.F. 0 EASEMENT ' EGRESS ESMT N 05'54 2T W _ 100.00 4 } L50 35 R W SETBACK j : 10 — — °' PARCEL A N 05'54'27" W 100.00' 84,877 S.F. I PARCEL A d ^ co ._$},877 S.F� N LTH O C5 1-46 i 416.67 O G' � 10' GAS 7 VDOT SWLK -' L76 — : � 30' � VA EASEMENT MAINT. ESMT. 18,810 S.F. HEREBY DEDICATED C A 1,527 S.F. FOR PUBLIC RIGHT-OF-WAY V DAVID WEEDS Lic N 022971 DATE: JULY 2007 SCALE: 1" = 40' SHEET 3 OF 90 FINAL PLAT OF SUBDIVISION Dewberry BROOKLAND MANOR PH. 1 ssjrnvAL Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 DRAFTED CHECKED Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICK COUNTY,VA. PROJ. NO. DWG. NO. www.dewberry.com 10008400 RPA-684-LC N84'04'48"E _ 433.24' O I I I r r 01 0 0 0 0 tp O N i H TORM SEWER ESMT N w 0 I I I I w N N I N N I w N\ 146 N I w rr O z 16.50;. in L=271.11' 0 �.\ S84'05'33"W 96.50' z No 10' GASLn 0 cn rn o, EASEMENT RESIDUEn'i w TAX MAP #54-2-5 6,178 S.F. m (FUT PHASE 2) O)I OI J 0 N84'0_5'33"E 96.50' w Cn RESIDUE W TAX MAP #54-2-6 Ln 3,467 S.F. (FUT PHASE 2) C10 L63 r v 0 L69 r rn 00 7 STORM SEWER ESM 1 PARCEL A 84,877 S.F. PARCEL A 0 84,877 S.F. iV °' o M (D � Q W d- Q ' nz \� ca Z�O00LU W 68 `°za �000 O � 3 J W m Ct N (V C4 u ''? GRAPHIC SCALE 0 10 40 80 00 ( IN FEET ) i er L58� ' 1 inch = 40 ft. u� oM %K /\ \ INGRESS/EGRESS ESMT 1® w 1309M,�.O� L59 ttC12 P. p G f STORM o 'W r' RESIDUE cr Q.r::�A TAX MAP #54-2-6 SEWER ESMT 14,278 S.F. 0 DAVID B. WEEMS (FUT PHASE 2) ri Lie No. 022971 DATE: JULY 2007 SCALE: 1" = 40' SHEET 4 OF 9 01 FINAL PLAT OF SUBDIVISION 'O N, Dewberry BROOKLAND MANOR PH. 1 Sj�NAL Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. DRAFTED CHECKED Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICK COUNTY,VA. PROJ. NO. DWG. NO. www.dewberry.com 10008400 RPA-684-WIN c BRENTWOOD M SSC_5_3_ PARCEL A HOMEOWNERS 84,877 S.F. L56 "`°'� 0'8 681�67OCIAT1pN S03 5 USE: ZpNE: Rp 4 \ " X 's 10 2 48' W 639.52' OPEN SPgCE Y, S05'54'27"W 100.46' - ' 20.00'-;, Lx59 Sri L61 C12 0 r ` L57 Y r„ \S05*54'27" E 64.01' 34.51' w RESIDUE �b TAX MAP #54-2-6 C10 10' ,= 16.50' �' "� �n 14,278 S.F. ��^0 �. LO o ,Po `0 (FUT PHASE 2) I ,Nn : O In N c0 N y d o0 3 00 c0 N wco N W Z t� 5' Uj .* LLS = w UJ .* vCC ai = FCSA SEWER o o � a �I oLn a & WATER ESMT w N dq- �- : i I-- , % o0 0 O �QM� 12 o x 00 x STORM SEWER ESMT I CEO ^� r z L' ,o^ z bi L70 N05'54'27"W 88.36' . o N05'54'27"W _ 100.00': .v } L31 L62 N06'48'19"W _ 1 Q �- 123.15' '� w . w 1� INGRESS/EGRESS ESMT c� 1. 10 GAS a 0 a Q b EASEMENT I 10' GAS a o0I 0 0l 40' EASEMENT - I �I W RESIDUE o w ` ` I: o l rl p TAX MAP (o ca N � '0 o v #54-2-5 I w (o 5' I LO N 10,248 S.F. N N -� o O I �a 1 (FUT PHASE 2) !i � vi = ,� RESIDUE 00 00 o � a TAX MAP #54-2-6 0 • z `p s - V) N I— .. .. 00 . 10' w a ; 16,000 S.F. o vi w 0 a g �ci � w (FUT PHASE 2) M I I N 00 X II I�Nz M z Q J In I Q pj — F- O U') p --7SEE DETAIL, 00 00 FCSA SEWER SHEET 8 OF 9 z & WATER ESMT. i 10' GAS 00 3s. ESMT ..W 64.07 x L23 N05'54'27'W 100.00' : 0000 N05'5427 a sg� T � PARCEL A J'�k PARCEL A 84,877 S.F. ¢ a q 84,877 S.F. {<,, o STORM SEWER ESMT ; 00 416.67' L=15.09' S 05'59 08 E VDOT SIDEWALK 7,3 - 76.04' - - MAINT. EASEMENT 18,810 S.F. HEREBY DEDICATED 30' FOR PUBLIC RIGHT-OF-WAY \ .. __._ .r ." — ,nn nzI I Plnr";;Q'nR"W 177 n�' m4r, TH n%v GRAPHIC SCALE ° 10 40 80 EX. BROOKLAND LANE R/W (30') 3o' r INST. #020011392 0 � AVID . WEEMS � 1 incIN FEh�) ft. _ Lic No. 022971 DATE: JULY 2007 SCALE: 1" = 40' SHEET 5 OF 9� � FINAL PLAT OF SUBDIVISION, 1 Dewberry BROOKLAND MANOR PH. 1 sIONAL Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. DRAFTED CHECKED Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICK COUNTY,VA. PROD. NO. DWG. NO. www.dewberry.com 10008400 RPA-684-LC PARCEL S03 52'48" W 84,877 S.F. 639.52' S05'54'27"W 100.46'%- _ 20.00'-=., 0 o 0 1S0 .- 5' 5�0• �1 1 0 04 LL. (N °ti p M v Coa o. tM in W Q N F- a.IIr`7 . cn X Q NO h A a� O^ S06'48'19"E '�: A:) 0 GRAPHIC SCALE po co 0 10 40 BO 16 ( IN FEET ) 1 inch = 40 ft. �$ 0 2'RAR aRU !SETBACK r) N� -A NO N N Z G� 92 W VA0. r� \O Cn ON �.4 O � z 1p L31 p w `O 0. \ N cn rLLJ OUTLOT 1 �9� O \ t : w 59,252 S.F. ' LU co N to wl �� Irl`lI'. i1:Orr00I0'7�'6 \ w , L- Q `r° o 35' ING/EGR \ \ � � N m Z -* ESMT SETBACK W00 a. O a Z ti N28 061�� 5\O�gP �cA s�• ~ w �5r:3u' M L85 5V M 89 : I o ' / �,�'� L90 �4RCEL B 0 1 �� 9 138,262 S.F. g1 Z I FCSA SEWER & I: W WATEF ESMT �^ \ Co Y 0. Aa86q�k �WM�g QOD Q 100.0o: n� N05'_4_'27"W 81.96 Z�PARCEL A - zN26'58'26"E 21.48 q,.84,877 S.F. 81' inN •��` _M 00 w S F5 FCSA SEWER & 5': 00 n� 00V) WATER ESMT w 18,810 S.F. HEREBY J 0 RESIDUE DEDICATED FOR PUBLIC \�c� J 0 TAX MAP #54-2-6 v) RIGHT-OF-WAY ;' J 9,895 S.F. 0 o (FUT PHASE 3) LnN05'59'08"W w 177.03N84'05'33"E 6 NGRESS/EGRESS ESMT z EX.-20.00' w / L107 N05'54'27" W < - 'YH OF BROOKLAND 100.00 �,!►Z' Df LANE R�W M s �s 46, ,� o INS I. a ,w �`� 4'27"W L151 20011392 P o C 2Q: z l oo 7 ; 05.54 7"w DAVID B. WEEMS 9 1 r ,c 0.00 Lic No. 022971 DATE: JULY 2007 SCALE: 1" = 40' SHEET 6 OF 9 FINAL PLAT OF SUBDIVISION Dewberry BROOKLAND MANOR PH. 1'sjrnvAL Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. DRAFTED CHECKED Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICK COUNTY,VA. PROJ. NO. DWG. N0. , ww.dewberry.com 10008400 RPA-684-LC u' FREDERICK DEVELOPMENT CO., IN OUTLOT 35' ING/EG\ESMT p INST. NO. 050000699 59,252 S.F.,SETBA K �• ZONE: RP a INST.#OS/obtO740 • 8 `Y 18, 6+. "" USE: VACANT W , NZOro -�4 o GRAPHIC SCALE Uj 30 60 120 rN S84'05'33"W .I rN 9 i><- N05'54'27" �- I c 26.00' L85 g <� u� ( IN FEET ) L84 19� `3�' `s2 . 1 inch = 60 f . b 6 co I STORM 146 1 9 �2 , �81�91 N22S9 �`� OS 6��Y . p�� SS S1 SEWER ESM , p ! 48 s� p6 , 0 35' wv J �°' 81.96 PARCEL B NOS'54'27"Wo\138,262 S.F. �ESMz 'N o Z o455 PG• 5e �p 18 810 ul ihF7n 0 w FCSA SEWER & �� : 00 9 / v S.F. HEREBY ��°' ;� oWATER ESMT -' 00 ����� j DEDICATED FO ,�p6 N o o I _ . wiz PUBLIC �,f J, o o RESIDUE WAY00 T-OF- L10 V d TAX MAP #54-2-6 o 00 9,89 S.F. z FUT PHASE 3 j V 00 o �"5��1 i 20' .' 10' GAS \ cD ,4P� C Z 4 2 100.00 ESMT Ln L151 5' 10''::O � •2 2 _ J b 152 05*54'27"E - 000 0. CO INGRESS/ 40' M- rn w v �P / 00 EGRESS ESMT o I Qom' / RCEL B rn N I RESIDUE o � N ul ry/ / 8,262 S.F. 0' .: TAX MAP #54-2-6 CO { o �• �� 18,000 S.F. N Z j I:1CO (FUT PHASE 3) J RESIDUE z _ TAX MAP 54-2-6 �? v S84'05'33"W d # a 61.00' i° ' 18,000 S.F. 3) - M b i---1 (FUT PHASE 3 ;M 10, GAS o o FCSA SEWER ESMT o I : / co 00, 00 & WATER ESMT '.. o, 5, z .- / ,06 00l:- ao ,STORM SEWER / c�`� 10 ESMT. N05'54 W �\` ,y J o s� ,20.00' z S05'54'27"E �g0 I i �}+� 5 F 100.00 11 L150 s e� N4318'45"W ,�'Lp / q,! < �� 26.74'(TIE) �p �' 'Li00 * 23r OX.'LO . of 14' �c.�C NPR pj 2- 11 Er5 ACTUAL �Ss ��F cD , ` �4 G.'T E 3' OUTSIDE Dc�/ F AN ' = _ ° A (As CONSErnucTEDj t��C ye o'� ��. p R ,tip 40. g 01 o�� 09�o?Fo00 0A �i& F ✓ St. v4 �`� `�S• h^ HERITAGE HILLS J Os� SECTION 1A Z,TS OF Df PAUL G. EVES / dIr�,yc 9, TM 54H-21A-99 O �� 89, D.B. 879 PG. 1805 , � ZONE. RP V 9 AUSE: RESIDENTIAL DAVID B. WEEMS Lic No. 022971 DATE: JULY 2007 SCALE: 1" = 60' SHEET 7 OF 9 I ct) 131b1 FINAL PLAT OF SUBDIVISION 1� Dewberry wberr BROOKLAND MANOR PH. 1sloxAL Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. DRAFTED CHECKED Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT CLM DBW Fax 703.771.4091 FREDERICK COUNTY,VA. PROJ. NO. DWG. NO. www.dewberry.com 10008400 RPA 684-LC CD NOTES. t+J 1. THIS SURVEY IS BASED ON THE FOLLOWING PLATS OR DEEDS OF C:) RECORD FOUND IN THE CLERKS OFFICE OF THE CIRCUIT COURT OF FREDERICK COUNTY, VA. A. DB 377/591-"FINAL PLAT OF BROOKLAND HEIGHTS", BY RICHARD U. GOODE CLS, DATED MAY 15, 1971. B. DB 879/1274- PLAT ENTITLED "BOUNDARY SURVEY ON LOT 19 BROOKLAND HEIGHTS", BY SIGMA CONSULTANTS, DATED MARCH 29,199Z C. INST. # 050000698— PLAT ENTITLED "BOUNDARY SURVEY OF THE PROPERTY OF JAMES L. BOWMAN & FREDERICK DEVELOPMENT CO., INC., BY PHR & A, DATED JANUARY 5, 2005. !3. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE ALL EASEMENTS AND/OR ENCUMBRANCES MAY NOT BE SHOWN. 4. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY APPEARS TO BE SITUATE 1N ZONE "A6"— AREA OF ,100 YEAR FLOODING, BASE ELEVATIONS & FLOOD HAZARDS DETERMINED & ZONE "C"— AREA OF MINIMAL FLOODING PER FEMA F.I.R.M COMMUNTIY PANEL NO. 510063 0115B, DATED JULY 17, 1978. ACTUAL ELEVATION CAN ONLY BE DETERMINED BY A FLOOD ELEVATION CERTIFICATE. 5. THIS SURVEY PERFORMED BY DEWBERRY IN NOVEMBER/DECEMBER 2005, ENTITLED "PLAT OF RESURVEY, LANDS OF BROOKLAND MANOR, LC", INST.#060002565. 6. PARCELS A AND B ARE OPEN SPACE PARCELS. AREA TABULATION ZONE: RP USE: RESIDENTIAL OLD: RESIDUE (54-2-5): 138,723.94 S.F. OR 3.18 AC. RESIDUE (54-2-6): 261,010.77 S.F. OR 5.99 AC. TOTAL: 05'59'08" 399,734.70 S.F. OR 9.18 AC. 4� �� ?c j <v .IZ) C S05'54'27"E 20.00'— •VDOT SIDEWALK MAINT. EASEMENT DETAIL SCALE: 1 " = 25' NEW: R/W DEDICATION: 18,810.35 S.F. OR 0.43 AC. LOT AREA: 55,967.66 S.F. OR 1.28 AC. PARCEL A: 84,876.50 S.F. OR 1.95 AC. PARCEL B: 138,261.86 S.F. OR 3.17 AC. RESIDUE (54-2-5): 16,426.46 S.F. OR 0.38 AC. RESIDUE (54-2-6): 85,391.85 S.F. OR 1.96 AC. TOTAL: 399,734.70 S.F. OR 9.18 AC. A) h .—STORM SEWER ESMT 53.42' — -" I DATE: JULY 2007 1 NOTES I SHEET 8 OF 9 1 9 Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PH. 1 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTY,VA. M j■ AVID OB.W Lic No. 022971 _�Cs1 �SIONeT. �` DRAFTED CHECKED CLM DBW PROJ. NO. DWG. NO. 10008400 RPA-684-LC CURVE TABLE CURVE RADIUS LENGTH ITANGENI CHORD I CHD. BRG. DELTA C1 65.50' .50' 1.75' 3.5 ' S 85*37*18"W 3'03'31" C2 65.50' 4' 1 .35' 20.46' N 3-51.56"W 17'57'59" C3 65.50' .33' 11.27' 22.22' N65'06'57"W 19'31'59" C4 10 30.00' 39.46' 19.73' 39.46' N04'50'39"W 02*11'42' C5 70. 0' 37.90' 18.95' 37.90' SO4'51'58"E 02'14'20" C6 65.50' 10.9 ' 5.48' 10.92' N 4'0 '30"W 933'49" C7 65.50' 1 .9 ' 7.02' 13.96' N57'04'48"W 12'13'50" C8 90.00' 0.20' 4 .98' 77.57' 1 N31'26'11"W 51'03'27" C9 0. 0' 78.54' 50.0 ' 70.71' N5 '54'27"W 90'00'00" C10 4.50' 10.15' 5.11' 10.11' S75'40'04"W 16'50'57" C11 50. 0' 7.54' 50.00' 70.71' S39'05'33"W 90'00'00" C12 ' 4 . S 4'4 '4 "W 3 ' '40" C13 4 100.00' N 4 5'49"E 180'08'01" C74 4. ' 1 10.11' N 72 '59"W 16'50' 7" C15 173.00 63.92' 32.33' 63.56' SO4-40-39"W 21-1O'14" C16 56.73' N '33'07"E 1 '30" C17 173.00' 61.43' 31.04' 61.10' SO4'15'51 "W 20'20'37" LINE TABLE LINE LENGTH BEARING Lt L2 L3 L4 LS L6 5. 0' S77'03'34"W L7 20.00' N85'01'44"W L8 127.80' N0458'16"W L9 74.13' S87'37'44"W L10 20.00' S02 2'16"E L11 50.93' S87'37'44"W L12 79.91' S75'44'09"W L13 19.68' N4656'59"W L14 59.34' S34'29'53"E L15 4.57' N40'17'11"W L16 15.88' S0352'48"W L17 8.94' S47'45'45"W L18 46.68' S40'17'11 "E L19 60.14' N34'37'42"W L20 14.5 ' S49'19'51"E L21 128.12' N0458'16"W L22 148.46' N84'05'33"E L23 21.76' S05'41'54"E L24 0.13' S82'54'21 "W L25 21.35' S06'00'34"E L26 11.00' N84'05'33"E L27 0.00' N0559'08"W L28 45.94' N84'05'33"E L29 10.00' N05'54'27"W L30 133. 0' N84'05'33"E L31 126.82' N05'54'27"W L32 140.06' N63'29'07"W L33 3.7 ' S59'01'44"W L34 147.74' N63'29'07"W L35 11 N05'54' 7"W L37 L38 47.00' S39'05'33"W L39 182.77' S05 54'27"E L40 24.41' S50'54'27"E L41 12.06' S39'05'33"W L42 1 .30' S71'13'39"E L43 259.08' N84'05'33"E L44 10.00' NO '54'27"W L45 31.78' N84'05'33"E L46 20.00' N0559'08'W L47 7.62' N8405'33"E L48 13.27' N 6'OS'48"W L49 20.00' N83'54'12"E L50 13.21' N06'05'48"W LINE TABLE LINE LENGTH BEARING L51 256.50' N84'05'33"E L52 95.91' S84'05'33' W L53 31.24' S39'05'33"W L54 32.04' N61'09'57"W L55 313.07' N84'05'33"E L56 141.00' S 554'27"E 57 20.00' S06'07'01"E L58 15.16' N83'52'59" L59 94.39' S05'54 27"E L60 280.00 S84'05 33 W L61 39.00' N05'54'27"W L62 211.00' N0554'27"W L63 258.83' N84'05'33"E L64 40.81' N36'46'46'E L65 20.00' S84'05'33"W L66 63.00' N05'54'27"W L67 20.00' N84'05'33"E L68 0.00' S05'54'27"E L69 15.07' N83'52'59"E L70 20.00' S06'07'01 "E L71 15.14' N8352'59"E L72 32.12' S50'54'27"E L73 95.29' N84'05'33"E L74 152.14' N84'05'33"E L75 31.90' S49'22'06"W L76 7 .43' N0559'085 L77 '4 "W L78 7 ' 1"E L79 1 ' 7' 1 "E L80 20.04' S63'47'11 "W L81 102.70' S2937'31"E L82 166.46' S78'05'21 "E L83 68.10, S09'15'43"W L84 20.00' S51'43'52"E L85 26.31' N39'05'33"E L86 29.77' N84'05'33"E L87 7.6 ' N53'46'2 "W L88 16.4 ' S31'17'12"E L89 12.8 ' S59'01'44"W L90 7.5 ' S 9'10'59'W 1-91 14.94' S31'17'1 "E L92 70.8 ' N5346'22"W 1-93 303.96, N84'05'33"E L94 34.3 ' S39'18'06"W L95 20.00' N50'41'54"W L96 56.74' S39'18'06"W L97 342.38' N84'05'33"E L98 20.00' S54'20'45"W L99 103.52' S3539'15"E L100 52.281 S2633'49"W LINE TABLE LINE LENGTH BEARING L701 37.64' S34.33'39" UO2 20.00' N5526' 1" L103 49.45' S34'33'39" L104 52.02' S26'33'49"W L105 91.45' S35'39'15" L106 23.84' S08'21'49"W L107 39.94' S11'04'28"E L108 112.43' N84'05'33"E L109 35.00' SO ' 4'27"E L110 323.85' S84'05'33"W L111 81.00' N0554'27"W L112 25.00' S0554'27" L113 30.00' S84'05'33'W L114 23.00' N0554'27"W L115 32.53' N50'54'27"W L116 35. 0' S84'0533"W L117 59.50 N0554 27 W L118 91.50 N84'0533 E L119 19.50' S05'54'27 E L120 2.64' S46'53'54"E L121 167.27 S84'05'33 W L722 21.04 N39'12'28"E L123 36.28' S 2'3 '5 "W L124 25.00' S05' 4'27"E L125 30.00' S84'05'33"W L126 23.00' N0554'27"W L127 32.53' N 0' 4'27'W L128 15.00' N84'05'3 "E L129 100.00' S05'54'27"E L130 14.88' S84'05'33"W L131 28.6 ' N84'0 '33"E L132 19.50' S05'54'27-E L133 2.64' S46' 3'54" L134 167.27' S84 '33"W L135 1. 4' N39'1 8"E L136 6.09' N06'12'35"W L124 15. 4' S84 '33"W L725 100.00' NO5'54'27"W L126 15.21' S84'05'33"W L127 100.00' N05 '0 "W L141 15.00' S84'05'33'W L142 91.40' N05' 4'27"W L143 14.88' S84 '3 "W L144 100.00' N05'5'40"W L745 31.63' S49'22'06"W L146 17.74' N39'05'33"E L147 20.70' N05'54'27"W L148 6.82' N6642'36 E L149 48.44' N19'08'37"W L150 19.72' N84'05'33"E L151 90.00' N0554'27"W L152 1 83.85' 1 N05'W27 W DATE: JULY 2007 NOTES SHEET 9 OF 9 FINAL PLAT OF SUBDIVISION Dewberry BROOKLAND MANOR PH. 1 Dewberry & Davis LLC LANDS OF 1503 Edwards Ferry Road, Suite 200 BROOKLAND MANOR, L.C. Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 RED BUD DISTRICT Fax 703.771.4091 FREDERICK COUNTY,VA. www.dewberry.com .i-- I (JvV% r� DAVID B. WEEMS Lic No. 022971 j3) 1 DRAFTED CLM PROJ. NO. 10008400 CHECKED DBW DWG. NO. RPA-684-LC VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on q ,p 9 I 1 '-d 0 0 at 'o� , 3 / � • ItI • and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ _� , and 58.1-801 have been paid, if assessable. )4beat , Clerk i � I i COMMONWEALTH OF VIRGINIA i ElMI i i IFFICIAL RECEIPT FREDERICK CIRCUIT COUPT DEED RECEIPT DATE: 09/11/08 TINE: 14:43.10 ACCOUNT: O ELROB0010742 RECEIPT: O8OOOO1B195 CASHIER: SSM REG: NE17 TYPE: PH PAYMENT: FULL PAYMENT " INSTRUMENT : O80010742 BOOK: PAGE:. RECORDED: 0911110B AT 14:43 GRANTOR: BROOKLAND MANOR LC EX: N LOC: CO ! GRANTEE: BROOKLAND MANOR LC EX: N PCT: 100K ! AND ADDRESS : i RECEIVED OF : DAVID HOLLIDAY CHECK: $21.00 ! DESCRIPTION 1: R B DIST (04-8784. 05-18510) PAGES: 4 ON 0 i - -' 2: BROOKLAND MANOR. PH 2 NAMES: 0 i i CONSIDERATION: .00 AIVAL: .00 PIN: MISC I I 301 DEEDS 14.50 145 VSLF 1.50 i 106 TECHNOLOGY TRST FND 5.00 TENDERED 21.00 AMOUNT PAID: 21.00 I CHANGE ANT : .00 I i CLERK OF COURT: REBECCA P. HOBAN I I I 1 1 I .I -2?r-6d V 10-yl d'"I I DC-18 (1/80) c-; 0 ` f'ti? 080010742 This instrument was prepared by Kimberly M. Athey, Esquire. THIS DEED OF SUBDIVISION OF PHASE TWO made this -ff— day of,�, 2008, by BROOKLAND MANOR, L.C., a Virginia limited liability company, GRANTOR and GRANTEE, whose address is 420 W. Jubal Early Drive, Suite 103, Winchester, Virginia 22601. WITNESSETH: WHEREAS, Brookland Manor, L.C. is the owner of two tracts of land; the first tract containing 0.38 acres, is the residue of a 3.18 acre tract of land identified as Frederick County PIN 54-2-5, acquired by the company by instrument of record in the Circuit Court Clerk's Office of Frederick County, Virginia, as Instrument #040008784, and the second tract containing 1.96 acres, is the residue of a 7.35 acre tract of land identified as Frederick County PIN 54-2-6, and acquired by the company by instrument of record in the aforesaid Clerk's Office as Instrument #050018510, said 0.38 acre and 1.96 acre tracts having been created by Deed of Subdivision of Phase One and T7*- 1 h Dedication and Easement, dated .�u13L _, 2008, and recorded in the aforesaid Clerk's Office as Instrument # d Y0010 751) , (hereinafter "Property"), Rhich Property is more particularly described and set forth on a plat prepared by David B. Weems, P.E., entitled "FINAL PLAT OF SUBDIVISION, BROOKLAND MANOR PHASE 2, LANDS OF BROOKLAND MANOR, L.C., RED BUD DISTRICT, FREDERICK COUNTY, VIRGINIA" dated May 13, 2008, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS, Brookland Manor, L.C. desires to subdivide the Property as set forth on the attached and incorporated Plat; and to reserve a 10' foot permanent easement across each Lot created hereby along any lot line that adjoins any road or street shown on the attached and incorporated Plat and also to reserve a 10' permanent easement across each Lot created hereby 1 C7- tV C3 along the rear lot line of each Lot. P- NOW, THEREFORE, WITNESSETH, in consideration of the premises, Grantor does hereby subdivide and create the parcels as said parcels are set forth on the attached and incorporated Plat, said parcels being Lots 25 through 48, inclusive, Brookland Manor Subdivision, Phase 2. This subdivision is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation, the Frederick County Sanitation Authority, and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The platting and dedication of the aforementioned parcels is with the free consent and in accordance with the desire of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby reserve a 10' foot permanent easement across each Lot created hereby along any property line that adjoins any road or street shown on the attached and incorporated Plat and also reserves a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. WITNESS the following signature and seal: BROOKLAND MANOR, L.C. By: _ N��' I At, ---f Da ' lliday, ger 2 i i I STATE OF VIRGIN Gam] CITY/COUNTY OF d" Q L , to -wit: I, IJCJ� , a Notary Public in and for the State and City/County aforesaid, do certify that David B. Holliday, Manager of Brookland M L.C., w se ame is signed to the foregoing Deed of Subdivision of Phase Two, dated the Ior, day of�2008, has this day personally appeared and acknowledged the same before me in the State and City/County aforesaid. Given hand this day ghst; 2008. ° under my o.. My Commission expires: DI f ` Notary Public Registration No. •• BNOTA �.' PUBLIC 4 Z REG # 266226 Z MY COMMISSION =„ q ; EXPIRES 3 WWI', o i:•" ^'�tZ £b •, t �, t 'r' r �t e Sil t4 � � � ♦ r• T�+��`V j• Y',:� f..f1, .;} 7.��, .� :r�fi� # /4t,�' �` ` },z° Y'6'�c„''`° �,°:r+eW �, f.,. .'�`-x�g''�'-. _�• ,�'..�I, `� "��' a� dirt S r•��� wS-Sits 2 t--F��1.�':��Tr� 3��-`'�.'¢" s. jvca/�-a _•�. a"� �i ll'� r� f .ate' 41,�<f k4 �` F'� `° r' /'• a �•� +w � IOC � \ 'r'+ r �`_ )`'�""��tr rr �sr+`C' �] F 4., �� tY q 1 I m�aj �tiz ,rd Xr�,�,�aW�rk,�� � ���,p� '',��'�.Y �► �l � 1� •--f-1/- l rhti . f �, p J,✓ '; 3l ((1 (`" ,,a aas r'li�.pdr '4'vf,. A E D h j a7 . FPS+ GY{.. ► ♦ �'� " �'„bi� 075 �Fn"wxc���.9 y�1t a �_�r ��t,,�t�r''1 (�"�„a � • k 3"� i' �� E Y i/' I F. \�I�wasa}°'+ ass < �' Rl t '. -ski lBfY y r,• ar-� -.� I _ , 9j �YJ �7 3...�8y «rrii�Q r � � L • ���� 1- �!�< � �_� \oolw�r^�� ,• ������\�� t /�f ��� �, �:".jam-".� � VICINITY i Scale:III Virginio Dep'arfment of I I• 1 • / I I Fr County Sonitotion- Authority Dote OWNER'S CER71FICATE. The above • • foregoing subdivision of BROOKLAND MANOR PHASE 2 as appears on - accompanying • • in accordance with the free consent and desires of the undersigned owner(s), proprietor(s) and trustee(s), if BRIOOR, COMMONWEALTH CITY / COUNTY OF THE tREGOr BEFORE ME THIS DAY OF 200-E '�v S ACKNffLEDGED MY COMMISSION ' ' VkAM �I r 1 CERTIFICATE. , David B. Weems,being 1licensed professional engineerCommonwealth of Virginia, doherebycertifythat, to bestofmy knowledge• I belief,land contained - subdivisionshown1 portion of - property conveyed to Brookland Manor,I deed doted MayI/' recorded amongst the l• • records of •erick County as I I'I//: :' • • by deed doted AugustIIrecorded amongst the 11 • records of -1erick County as Number050018510. hk DAVID 022971 1AVID B. Lic. No I 2971 •ATE: AUGUST 2007 COVER• FINALPLAT OF C• • Dewberry BROOKLAND MANOR PHAS Dewberry & DavisOF 1503 EdwardsRoad, Suite 200 BROOKLAND MANOR, Phone 20176 RED I :1.1' • 1 • DISTRICT www.dewberry.com 10008400 BROOKLA D A�_ PARCE(_ MANOR PHA - ---�T.- -- EX INGRESS/ EGRESS ESMT EX. FCSA SEWER INST.##*W(J7`lt NST.# UY 4l1Viif \ > N48'24'29"W EX. STORM Aj SEWER ESM 20' PARKING SETBACK Sb5'54'27"E 98.52' d- N 0 J O r., 0 N � O 0 J N cV w o in O °° -_, Z b LOT 35 2,645 S.F. `%' S05'54' 7" 100.00' Y _ O LOT 34 2, 000 S.F. Q coQ o oN S05'54'27"E 100.00' N _ o LOT 33 2,000 S.F. Z Q N S05'54'27"E 0 N _ _100.00' b LOT 32 3,000 S.F. o `� EX. FCSA SEWER o n &WATER ESMT. — —I N:ST.�, �I I N05'54"27"W 100.00' ___40'. N m o -' o Q 0 O 7' O 0o Q 0 J Y r' 0 0 m O W � 3 o � J M Ln Ln 0 o OC J 0 J n Ln 0 00 U) Lt w ' w >L CL saw GRAPHIC SCALE o 0 10 40 ry eA ( IN FEET) / 30' _ 1 inch = 40 ft. SIDE SEBACKER ' - S05'54'27"E 100 A=20.05' LOT 48 3,245 S.F. S05'54'27"E _ 1 LOT 47 2,034 S. F.1 A=20.53' „ YI 0,nr,*r 97 F r )1 A=3.50' LOT 46 2,000 S.F. w Y S05'54'27"E Q LOT 45 ' 2,000 S.F. LL' ,(nn S05'54'27"E -� �Z LOT 44 uJ > 0 2,000 S.F. W S05'54'27"E LOT 43 a ' 3,000 S.F. o N05'54'27_W 1 O b 36 ) 0 w 0 0�r 1. - ow ,of 'N cn Q0.0 Zt oIxwz wnN . 1100. r — 100.( r-► 0'F 20' LOT 42 3,000 S.F. S05'54'27"E _ LOT 41 Y ' 2,000 S.F. a a IS05'54'27"E _ m' Y, LOT 40 ' a 2,000 S.F. a 0° S05'54'27"E _ Q LOT 39 ' 2,000 S.F. LOT 38 o I 2,000 S.F. oaW, IS05'54'27"_ ' E LOT 37 0 g2,000 S.F. N S05'54'27"E _ LOT 36 3,000 S.F. 35' R/W SETBACK S05'54'27"E 100.00' N05'54'27"W 100.00' BROOKL LJMANOR PHASE 1 PARCEL A INST.# 7yT INST.# EX. 10' GAS EX. INGRESS/ EX. VDOT SIDEW LK ESM'T o EGRESS ESMT MAINT. EASEMENT INST.#Qy'00`0?q/ INST.##'flpe110'7z11 INST.# afr'001a7 EX. BROOKLAND LANE R/W (60') (RTE 658) INST. #020011392 INST. # 1.O V) 0 w 0 70 ` 00 o O 'I 0 z - U V) 50' Qro Q v o Q w w� CD -0 �I O w Q v' 01 N Q v' w Z o��lalx o a- }- w o o cavil z A ,O rM Z IQ 17 Q OO I J p 0 Zt Z 0- I 0 �- VD 'N 0o N �i Y 0 O m-� V) woz m _ 77 :ZIEXLOT 3311 s3,E0S00 S.F. 0 . ## NT10,0 ry20' o M S0554 27 E_ 1 0 o LOT 30 2,000 S.F. S05'54'27"E 100.00' 1 O o LOT 29 2,000 S.F. oN S05'5427"E 100.00' o LOT 28 ca 2,000 S.F. g oN S05'54' 7" _ 1A ' o LOT 27 2,000 S.1F0 Q w o N , S0 o LOT 26 P' O 2, 000 S.F. z o Q NN S05'54'27"E 10 .01 O LOT 25 0 O 0 3,000 S.F. N Q M 35' R/W SETBACK 0 DATE: AUGUST 2007 1 SCALE: 1" = 40' 1 SHEET 2 OF 3 1 ff Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PHASE 2 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTY,VA. %/ D VID . WEEMS Lic. qN,,22971 a� �S'Irnvet . 1�� DRAFTED CHECKED CLM DBW PROJ. NO. DWG. NO. 10008400 RPA-689-LC NOTES: C7 I 1. THE PROPERTY DELINEATED ON THIS PLAT IS DESIGNATED AS TAX MAP +W AMONGST THE LAND RECORDS OF FREDERICK COUNTY, VA. 00 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE ALL EASEMENTS AND/OR ENCUMBRANCES MAY NOT BE SHOWN. '3. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY APPEARS TO BE SITUATE IN ZONE "A6"— AREA OF 100 YEAR FLOODING, BASE ELEVATIONS & FLOOD HAZARDS DETERMINED & ZONE "C"— AREA OF MINIMAL FLOODING PER FEMA F.LR.M COMMUNTIY PANEL NO. 510063 01158, DATED JULY 17, 1978. 'ACTUAL ELEVATION CAN ONLY BE DETERMINED BY A FLOOD ELEVATION CERTIFICATE. !; 4. BOUNDARY INFORMATION TAKEN FROM A SURVEY PERFORMED BY DEWBERRY IN NOVEMBER/DECEMBER 2005, ENTITLED "PLAT OF RESURVEY, LANDS OF BROOKLAND MANOR, LC- INST.#060002565. AREA TABULATION ZONE: RP USE: RESIDENTIAL OLD: RESIDUE 54-2-5: 16,426.46 S.F. OR 0.38 AC. 'RESIDUE 54-2-6: 85,391.85 S.F. OR 1.96 AC. TOTAL: 101,818.31 S.F. OR 2.34 AC. NEW: LOT AREA: RESIDUE 54-2-6: !TOTAL: 55,924.50 S.F. OR 1.28 AC. 45,893.81 S.F. OR 1.05 AC. 101,818.31 S.F. OR 2.34 AC. CURVE TABLE CURVE RADIUS ARC TANGENT DELTA CHORD CH BEARING Cl 34.50' 10.15' 5.11' 16.50'57" 10.11' S70'40'04"W C2 65.50' 44.08' 22.91' 38'33'40" 43.26' S64.48'43"W I DATE: AUGUST 2007 I NOTES I SHEET 3 OF 3 1 • Dewberry Dewberry & Davis LLC 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PHASE 2 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTY,VA. DAVID WEEMS Lic. No. 9((122971 ag �1 DRAFTED CLM PROJ. NO. 10008400 CHECKED DBW DWG. NO. RPA-689-LC C? DO W ko VIRGINIA- FREDERICKCOUNTY.SCT. This instrument of writing was produced to me on,p 9 -/e-lpocq at 02 y3 �-.1r ' and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable. cea , Clerk II II!�� II IJ 9FFICIAL RECEIPT FREDERICY. CIRCUI COUPT ! DEED RECEI T 7 ;I DATE: 09/11/08 TIME: 14:52:06 ACCOUNT: 069CLR0$00I0743 RECEIPT: 080000181017 CASHIER: SSM REG: HE17 TYPE: DV-PL PAYMENT: FULL PAYMENT ?! INSTRUMENT : OB0010743 BOOK: PAGE: RECORDED: 09!II!08 AT 14:52 GRANTOR: BROOKLAND MANOR LC EX: GRANTEE: BROOKLAND MANOR Lf EX: N PCT: 100Y j AND ADDRESS : . RECEIVED OF : DAVID HOLLIDAY DATE OF DEED: 09/11108 CHECK: $21.00 DESCRIPTION 1: R B DIST PAGES: 7 O/P 0 2: BROOKLAND MANOR. PH 3 NAMES: 0 CONSIDERATION: .00 A/VAL: .00 MAP: 54-2-6 301 DEEDS 14.50 145 VSLF PIN: 1.50 106 TECHNOLOGY TRST FND 5.00 TENDERED : 21.00 AMOUNT PAI.00 I CHANGE ANTD: 21.00 I CLERK OF COURT: REBECCA P. HOGAN 080010743 ram; This instrument was prepared by Kimberly M. Athey, Esquire. .�' CZ1 )T11- LLY THIS DEED OF SUBDIVISION OF PHASE THREE made this day of .ek, 2008, by BROOKLAND MANOR, L.C., a Virginia limited liability company, GRANTOR and GRANTEE, whose address is 420 W. Jubal Early Drive, Suite 103, Winchester, Virginia 22601. WITNESSETH: WHEREAS, Brookland Manor, L.C. is the owner of a tract of land, containing 1.05 acres, and is the residue of a 7.35 acre tract of land identified as Frederick County PIN 54-2-6, and acquired by the company by instrument of record in the aforesaid Clerk's Office as Instrument #050018510, said 1.05 acre tract having been created by Deed of Subdivision of Phase Two, dated 40-1` t / ,=—, 2008, and recorded in the aforesaid Clerk's Office as Instrument #?- (hereinafter "Property"), which Property is more particularly described and set forth on a plat prepared by David B. Weems, P.E., entitled "FINAL PLAT OF SUBDIVISION, BROOKLAND MANOR PHASE 3, LANDS OF BROOKLAND MANOR, L.C., RED BUD DISTRICT, FREDERICK COUNTY, VIRGINIA" dated May 13, 2008, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS, Brookland Manor, L.C. desires to subdivide the Property as set forth on the attached and incorporated Plat; and to reserve a 10' foot permanent easement across each Lot created hereby along any lot line that adjoins any road or street shown on the attached and incorporated Plat and also to reserve a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. NOW, THEREFORE, WITNESSETH, in consideration of the premises, Grantor does hereby subdivide and create the parcels as said parcels are set forth on the attached and incorporated 1 C W Plat, said parcels being Lots 49 through 68, inclusive, Brookland Manor Subdivision, Phase 3. This subdivision is made with the consent and approval of the appropriate authorities of the Commonwealth of Virginia Department of Transportation, the Frederick County Sanitation Authority, and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The platting and dedication of the aforementioned parcels is with the free consent and in accordance with the desire of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby reserve a 10' foot permanent easement across each Lot created hereby along any property line that adjoins any road or street shown on the attached and incorporated Plat and also reserves a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. WITNESS the following signature and seal: BROOKLAND MANOR L.C. By: • Dav'FElliday, er 2 MY STATE OF VIRGIN X_ N CITY/COY OF ( , toawit: TT I, U✓(f N , a Notary Public in and for the State and City/County aforesaid, do certify that David B. Holliday, Manager of Brookland Manor, L.C., whose arpe is signed to the foregoing Deed of Subdivision of Phase Three, dated the day of�2008, has this day personally appeared and acknowledged the same before me in the State and City/County aforesaid. Given under my hand this day o&gP,20'08. ". My Commission expires: o l'o Notary Public Registration No. 'a ++ B UR�F •. • �� ��r,•' NOTARY �'' .O O: pUBur, .2 266226 oloN Z � • EXPIRES Z: %O�'� 020120ti0.` •!•• 0�,,•�•�...••••O! ;+ems 3 ^$51"01�� �.�,�.�'�1ll`•.�. �� �_�I��Iy�N'\�� �.�,��",." � �..'>F. y r K ..rtis y� ��qr�r i/s r, r t�ti'r` .d�:r r 4i�.-4r F' „`aws. �F.a r Y-_-.+�.+s •�. � �`� f• .r� x C ,{�. A �N . "� � y:� �y�,t it �tfl0 l�l c s TM^�� e".{,�t�y 'y l� F �X4 jr �f��e.�, N� Y. � � ✓]'�j�f � � ��: ( er � � /�' -a t>„ �� a.���Y v 1. �, r � � a, my AEI �. t Crw+. �M n..- -z� •�1, „�h` �_. 1 � �� / J ifiYj i��� �Sz ,L Y$ yl .iS t a0��' iC€K y;11 JJ � ,� � ": a 'e (I'� )� s � s �� • ��� ! � '�� t � �'.9��1 Sri `.5 ��r ,mq�y. �r tlr� �t •t �'��J'z-i3zJ't�� =a y�E4 F�F,`+��4e�p � 15�,YC �h� .x, '"xC. ���`�i"' � �`t► �4' r � z s Yy � J�`,�� �F$,�, ',� <. 4 S Sy�y%k C'�: i l�l�.my.> ''��cy'.,al�,.�d yam, •,��sr,�, "�' ;• r !d �• I LLI-� c� "s a�'{.rli,F7`C.� •A:r1�rT i.," `�S� �.f�3AkY ���- "'��,ii 7-cmn' r'1 .•,'t A1, �''i// �a.�-.n.��ir � � �% � U41'� r ti 1Y4trlh`, '-i1.�,-�r��'�� fi�� � � r�';-- �'�>1i}p'si!`. l .�lf;�p7t'b r r�` �" �° �► f�t'` `.r r . ��.qa� �a l! q'/y`Ca�� , '�lra� / t '` `° r _ � ti-. �' � j +�� \��li ��, � � �' �i till ow VICINITY .. 2000'Scale: 1 Virginia s is�L s Deportm,ent of Tronsportation- V We 01 FkO?rick County Sonitotion Authority Dote 01 F;?dd'grlclCoubty SubdivisionAdFinistrotor I• OWNER'S CERTIFICATE. The above r • foregoing subdivision of BROOKLAND MANOR PHASE J as appears on • • •• • plat, in accordance with the free c• and desires of • • -• • proprietor(s) • rru By BROOKLANI • • ' L./ COMMONWEALTH THE IjTRUTCN 11,1 S' OWLEDGED BEFORE ME THIS DAY OF �0 r)le� CITY / COUNTY C • MY COMMISSION EXPIRES �0/� s ,{, i • ENGINEER'S David B. being . licensed professional en• - • • • of Virginia, r• hereby certify that,to the best of • •• • • belief,• • contained r• •n shown herein is r portion of property • • to 1'Brookland Manor,by deed dated AugustII • • • amongst the l• r records of Frederick County as Instrument Number 050018510. 1 1AVID 022971 ®DATE: •• • • FINAL PLAT OF :D• DewberryBROOKLAND MANOR PHASE 3 Dewberry DavisOF • _z 1 • D'D • 1 i11� • 1 iRED BUD DISTRICT C DBW 1 1 •FREDERICK COUNTY,VA.PROJ. • DWG. NO. 100084.00 1 O db ;¢ z �w cn '< I�w wO w o n- a o d LO oc i i 0 5 M m in N I o w co o z 0 z X w i BROOKLAND MANOR x OUTLOT 1 EX. 25' SAN. SEWER E�= a INST.# /W001 7 D D.B. 580/346 1pLLJ EX.INGSRO Q G 9 a EGRESS RES T \ 91 DNS qSF qN0 U INST.# (rY //'iy / \ , Q�F�\M� iy26s ! pq�ol w �p q N EX. FCSA EWER & SO 54'27"E 81.96' yi � NST # (/t WATER d/d7yl , s , 3S EX �TORM LOT 68 ,o SEWER ESMT I o � 2,895 S.F. #a F �qo I ST. / y o S05'S4'27"E 100.00' °� �i F. Ff ¢ LOT 67 2,000 S.F. I o `ro Cl 00 LOT 66 2,000 S.F. o? � z S05'5427"E _ 100.00' o EX. 10' 3 GAS ESM'T y -� LOT 65 o M INST. Ord EX ROOKLAND LANE R/W tom' - ©N 3,000 S.F.00 �' X. 10' INST. #020011392 S ES T _ o INST di"gd/!�T /00 20' ROAD INST.�/(jY !/ NI �2-n— 100.00� - w f SE A WAY o LOT 64 g CK U_ 3,000 S.F. I o a cn�•�Tv"� nn�n�'i �. 0' S05'54'27"E _ 100.00' o � / b i LOT 63 2,000 S.F. o cp i X 20' 40' S05'54' 7"E _ 100.00' o o o •\�`' LOT 62 2,000 S.F. o PR 5'54' 7"f• _ 100.00' o �oh� o I o 4 w LOT 61 2,000 S.F. ` o co UI o N 05'54' 7"E _ 100.00 - Q �� LOT 60 2,000 S.F. o o O' - o S05'54'27"E _ 100.0 ' o b LOT 59 2,000 S.F. o Q N o • "E _ 100. N • LOT,58 2,000 .F. I oo �S05 54 27 E _ 1 0.00 �Q Q LOT 57 Q�`'ti� o SETBACK LOT 56 M 3,000 S.F. SO '54'27"E 100.00' 0 LOT 55 2,000 S.F. o N 05'54'27"E 100.00' b o LOT 54 2,000 S.F. N 05'54'27"E' 100.00' g o _ LOT 53 2,000 S.F. Y o N 05'5427"E 1_00.00' a o LOT 52 _ 2,000 S.F. N N 5'54'27"E 100.00' z o _ LOT 51 2, 000 S.F. N 05'54'27"E' 100. O' N: 4" C 0 LOT 50 _ 2,000 S.F. N 05'54'27"E _1OQ ' 0 3,000 S.F. o 50 o LOT 49 0 _ _ r N05'54'27"W 100.00' 20' RO AY X. STC \SE CK SEWER INST.#6 —INGRESS/ \ EGRESS ESMT INST. #a rff/Oy4 35'00 01 oAW DATE: AUGUST 2007 I SCALE: 1" = 40' 10 Dewberry Dewberry & Davis LLC 1603 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 wWw. dewberry. com EX TRA INST. # 3,000 S.F. o �}0 '54'27"W 100.00' GRAP IC ALE ` ()fIFEET )/ /f 1 itch = 40/ft. AVID *.EMS � Lic. o. 22971 �1� FINAL PLAT OF SUBDIVISIONSI BROOKLAND MANOR PHASE 3 LANDS OF BROOKLAND MANOR, L.C. DRAFTED CLM RED BUD DISTRICT PROJ. NO. FREDERICK COUNTY,VA. 10008400 i B�?(� KLAND ,MAN ARC B / PHAE1 INS .# , rag yr SHEET 2 OF 3 CHECKED DBW DWG. N0. RPA-690-LC I NOTES:" 1. THE PROPERTY DELINEATED ON THIS PLAT IS DESIGNATED AS TAX MAP ,:AMONGST THE LAND RECORDS OF FREDERICK COUNTY, VA. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE ALL EASEMENTS AND/OR ENCUMBRANCES MAY NOT BE SHOWN. i 13. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY APPEARS TO BE SITUATE IN ZONE "A6"- AREA OF 1100 YEAR FLOODING, BASE ELEVATIONS & FLOOD HAZARDS DETERMINED & ZONE "C"- AREA OF ;MINIMAL FLOODING PER FEMA F.LR.M COMMUNTIY PANEL NO. 510063 0115B, DATED JULY 17, 1978. ;ACTUAL ELEVATION CAN ONLY BE DETERMINED BY A FLOOD ELEVATION CERTIFICATE. 4. BOUNDARY INFORMATION TAKEN FROM A SURVEY PERFORMED BY DEWBERRY IN NOVEMBER/DECEMBER 12005, ENTITLED "PLAT OF RESURVEY, LANDS OF BROOKLAND MANOR, LC-, INST.#060002565. ,AREA TABULATION ZONE: RP !USE: RESIDENTIAL ' OLD: ;RESIDUE 54-2-6: r i' 'NEW: ';LOT AREA: 45,893.81 S.F. OR 1.05 AC. 45,893.81 S.F. OR 1.05 AC. i DATE: AUGUST 2007 1 NOTES I SHEET 3 OF 3 1 fi Dewberry Dewberry & Davis LLC f 503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176 Phone 703.771.8004 Metro 703.478.1335 Fax 703.771.4091 www.dewberry.com FINAL PLAT OF SUBDIVISION BROOKLAND MANOR PHASE 3 LANDS OF BROOKLAND MANOR, L.C. RED BUD DISTRICT FREDERICK COUNTY,VA. "A DAVID B. WEEMS Lic. No. 0 2971 � < <5 t�Almi DRAFTED CLM PROJ. N0. 10008400 CHECKED DBW DWG. NO. RPA-690-LC VIRGINIA: FREDERICK COUNTUCT. This instrument of writing was produced to me on ,Q —//'oZOn/? at ?:-5 2 �a and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ , and 58.1-801 have been paid, if assessable. 4&e4 , Clerk CK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 25, 2007 Dewberry & Davis LLC Attn: David B. Weems 1503 Edwards Ferry Rd, Suite 200 Leesburg, VA 20176 RE: Brookland Manor Subdivision Plats, I" Review Phases 2 and 3, Outlot 1 Dear David: I have had the opportunity to review the Plats submitted for the Lands of Brookland Manor, LC, and the subdivision plats for Phases 2 and 3 of Brookland Manor, submitted to this office on August 29, 2007. Approval of these plats is denied until the following concerns are met: Lands of Brookland Manor, LC Phase 2: 1. Obtain an approval from VDOT and provide a signature line on the cover sheet. 2. On sheet 2, provide the state route number for Brookland Lane. 3. On sheet 2, provide all instrument numbers from previously recorded easements, right-of-ways, and sections of this subdivision. 4. On sheet 2, provide the right-of-way width of Monticello Square. 5. On sheet 2, easements should be merged with building restriction/setback lines for all units. Lands of Brookland Manor, LC Phase 3: l . Obtain an approval from VDOT and provide a signature line on the cover sheet. 2. On sheet 2, provide the state route number for Brookland Lane. 3. On sheet 2, provide all instrument numbers from previously recorded easements, right-of-ways, and sections of this subdivision. 4. On sheet 2, provide the right-of-way width of Worsham Terrace. 5. On sheet 2, the subdivision design plan shows a water/sewer easement near the end of Brookland Lane which is not shown on this plat. 6. On sheet 2, easements should be merged with building restriction/setback lines for all units. Lands of Brookland Manor, LC Outlot 1: 1. Obtain an approval from VDOT and provide a signature line on the cover sheet. 2. On sheet 2, provide the state route number for Brookland Lane. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 L David B. Weems Re: Brookland Manor Subdivisions Plats, I" Review Phases 2 and 3, Outlot 1 September 25, 2007 Page 2 3. On sheet 2, provide all instrument numbers from previously recorded easements, right-of-ways, and sections of this subdivision. 4. Show all existing buildings on the property, as this lot already has its one allowable dwelling unit. Any buildings to be removed should be shown as such. 5. On sheet 2, provide the right-of-way width of Worsham Terrace. 6. Regarding the existing dwelling, if the existing property is operating on a well and septic system, these should also be shown on the plat. Brookland Manor, Phase 2 final plats: 1. Obtain an approval from VDOT and provide a signature line on the cover sheet. 2. On sheet 2, provide the state route number for Brookland Lane. 3. On sheet 2, provide all instrument numbers from previously recorded easements, right-of-ways, and sections of this subdivision. 4. On sheet 2, label the setback line across lots 36 through 42. 5. On sheet 2, provide the right-of-way width of Monticello Square. 6. On sheet 2, easements should be merged with building restriction/setback lines. Brookland Manor, Phase 3 final plats: 1. Obtain an approval from VDOT and provide a signature line on the cover sheet. 2. On sheet 2, provide the state route number for Brookland Lane. 3. On sheet 2, provide all instrument numbers from previously recorded easements, right-of-ways, and sections of this subdivision. 4. On sheet 2, provide the right-of-way width of Worsham Terrace. 5. On sheet 2, easements should be merged with building restriction/setback lines. 6. On sheet 2, the subdivision design plan shows a water/sewer easement near the end of Brookland Lane which is not shown on this plat. Please address the above comments and resubmit for approval. A marked copy of these plats is included with this letter to assist you in the revisions. If you have any questions, please contact me at (540)665-5651. Si erely, Lauren E. Krempa Planner I cc: Brookland Manor, LLC, 420 W. Jubal Early Dr., Winchester, VA 22601 Enclosure LEK/bad AN 2 9 ZU07 Transmittal Dewberry 1503 Edwards Ferry Rd., Suite 200 Leesburg, VA 20176 Phone 703-771-8004 Metro 703-478-1335 Fax 703-771-4091 Survey Fax 703-771-2630 10I Atlanta, GA 1401 Fairfax, VA - Lanham, MD Baltimore, MD Fredericksburg, VA ] Leesburg, VA Chicago, II J Gaithersburg, MD Manassas, VA To: Frederick County Department of Planning Date: 8/28/2007 Project No: 107 N. Kent Street Project Name: Brookland Manor - Phase 1 Subdivision Plat Second Floor Reference: For Approval Winchester, VA 22601 Carbon Copy: D. Holliday - File Attention: Ms. Lauren Krempa We Transmit: -'. as per your request under separate cover by mail by messenger by pick up by overnight carrier the following: U prints 9 specifications AN change order shop drawings reproducibles cd �•J product literature computations descriptions for: your approval L ', your review and comment your file/use revision and submission distribution as requested by -I as approved by as submitted for approval by 1''I please acknowledge receipt of enclosures A return enclosures to us Copies: Date: Number: Description: 2 BM -Phase 1 Subdivision Plat (rpa-684) 1 8/24/2007 cover letter Comments: Lauren - per our a -mails of 8/27/07, here are two (2) sets of the revised plats for you to review. I believe all of the issues of your comment letter have been addressed and that the plats are ready to go out for signature. Please call with any comments or concerns. Thank you. If enclosures are not as noted, please notify us at once Dewberry & Davis LLC is an equal opportunity employer and, as such, complies with Section of Executive Order 11246 as amended by Executive Order 11357, Transmittal # 15549 Sent by: David B. Weems at� COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P.O. Box 2249 Staunton, VA 24402-2249 www.VirainiaDOT.ora DAVID S. EKERN, PE COMMISSIONER December 6, 2007 Mr. Jamie Judy C/O Judy Excavating 835 Huttle Road Middletown, VA 22645 Ref: Brookland Manor Subdivision Route 658, Frederick County Dear Jamie: Enclosed is your approved Land Use Permit #855-8417 to cover the construction and maintenance of one subdivision street connection at the referenced location. Please ensure a copy of the approved permit assembly is kept at the job site whenever working within the Route 658 right-of-way. I would also like to remind you of the need to erect and maintain proper traffic control in accordance with our Virginia Work Area Protection Manua/. If you have any questions concerning the permit requirements or during construction, do not hesitate to call. Sincerely, Ro nie Dove, Hwy. Per & Subd. Specialist Sr. Virginia Department of Transportation Edinburg Residency - Land Development 14031 Old Valley Pike Edinburg, VA 22824 Phone #(540) 984-5600 Fax #(540)984-5607 Enclosure xc: Mr. Greg Hoffman Mr. Mark Cheran WE KEEP VIRGINIA MOVING Dewberry August 24, 2007 1503 Edwards Ferry Road 703 771 8G 703 478 1335 metro Suite 200 703 771 4091 tax Leesburg, Virginia 20176-6680 www.dewberry.com Ms. Lauren Krempa Frederick County Department of Planning 107 North Kent Street Winchester, VA 22601 Re: Brookland Manor — Phase 1 Plat comments Dear Ms. Krempa: n L 9 n r, 3 `1 U - I We have revised our plans for the above referenced plats incorporating your comments dated August 17, 2007. The following is a brief description of our actions. Brookland Manor, Phase 1 final plat (RPA-684-LC): 1. Comment: On sheets 1-9, revise the magisterial district as mentioned above. Response: We have revised the title block on each sheet to indicate that this project is within the "Red Bud" Magisterial District. 2. Comment: On sheet 1, revise the approval line as mentioned above. Response: The approval signature line has been revised on sheet 1. 3. Comment: On sheet 2, provide a distinction between the Copperfield lot numbers and the proposed lot numbers associated with this subdivision. Response: A note has been added to sheet 2 noting that the adjacent properties are the "Ex Copperfield Subdivision" and "Ex Windstone Subdivision". 4. Comment: On sheet 2, move the rear yard label for clarification, as shown and the label should read "50 foot rear perimeter yard setback". Response: The label has been revised on sheet 2 to be more clearly readable and we have corrected the labeling. 5. Comment: On sheet 3, provide a 35 foot BRL on lot 14 Response: The 35' r/w setback has been added to lot 14 on sheet 3. 6. Comment: On sheet 6, correct the setbacks for the historic out lot as shown. Also, according to the subdivision plans, the lot is included in Phase 1 of the subdivision. Response Per our telephone conversations on August 20 and 21, 2007, this plat is solely for the creation of the phase 1 lots and all easements associated with the project. Dewberry & Davis LLC Ms. Lauren Krempa August 24, 2007 Page 2 A separate plat will be submitted to the County for approval once this plat is recorded that will create the historic outlot prior to the recordation of the Phase 2 plats. 7. Comment: On sheet 7, chow actual locations of the easements, and previously recorded easements should be provided with deed book/page number or instrument number. Response: The existing easements shown on sheet 7 have been revised to show the actual locations and the recording information. Comment: On sheet 7, remove any BRL labels as they apply to future phases. These BRLs will be required on future plats. Response: The BRL's previously shown on the residue parcels (future phases) have been revised on sheet 7. Comment: On sheet 7, show the active/inactive buffers and fence line. Response: The active/inactive buffers have been added to sheet 7. However, per our telephone conversation of August 21, 2007, the fence line shown on the subdivision plans is an existing fence and is not something that should be on the plat. 10. Comment: On sheet 7, the SDP shows a pedestrian trail on the open space parcel on this sheet; provide the location of the trail easement Response: Per our telephone conversation of August 21, 2007, a trail easement has been added to sheet 7. Also per this conversation, the easement is not tied down, but is noted to be the "approx. loc. 20' trail easement. Actual loc. to be 6' outside either edge of the trail (as constructed)". As we discussed, this is done in an effort to insure that the trail is within the trail easement once it is built. 11. Comment: On sheet 2-7, provide a "Future Phase #" label on all residue parcels. Response: The future phase numbers have been added to the labels for the residue parcels on sheets 2-7. 12. Comment: On sheets 2-7, shade or hatch all easements in order to differentiate between the lot lines, building restriction lines (BRL's) and easement. Also, provide the written widths of all easements Response: The easements have been hatched and made more clearly different than the lot lines on sheets 2-7. Per our telephone conversation of August 20, 2007, the easement widths vary. Therefore, we cannot give an actual width of the easements. We have added some dimensions on the easements. Dewberry Ms. Lauren Krempa August 24, 2007 Page 3 13. Comment: On sheets 3-7, provide the right-of-way widths for all streets, including private roads and any roads from adjoining subdivisions. Response: The width of the right-of-way for existing Brookland lane has been added to sheets 2-7. In addition, per our telephone conversation of August 21, 2007, the width of the ingress/egress easements proposed vary. We have noted on sheets 2-7 of the plat that the width varies and added the minimum width of the easement. 14. Comment: On sheets 2-7, easements should be merged with BRLs. Response: Per our telephone conversation of August 20, 2007, the BRLs have been stopped when they cross easements on sheets 2-7 as requested. 15. Comment: On sheets 2-7, show the basic location of the town home units on the lots. Response: Per our telephone conversation of August 20, 2007, showing of the units is not a Frederick County requirement and was meant as a suggestion in an effort to ease the process of obtaining the building permits for the homes. However, since this plat is so congested and the addition of these units to the plat would further complicate it, the units have been left off. If further information is required by Frederick County to obtain the building permits, that information will be provided at the time of building permit submission. We feel that we have adequately addressed your concerns regarding this project. Please call me if there are any questions. Sincerely, David B. Weems, PE Associate Cc: D. Holliday PAPROJECTS\Brookland Manor\Phase-Section One\ADMN\LETTERS\BM-PHI RECORD PLAT COMM 8-21-07.doc Dewberry !'1' Dewberry Transmittal 1503 Edwards Ferry Rd., Suite 200 Leesburg, VA 20176 Phone 703-771-8004 Metro 703-478-1335 1 Atlanta, GA A Fairfax, VA Baltimore, MD Fredericksburg, VA Chicago, IL+i Gaithersburg, MD SEP 4 2007 Fax 703-771-4091 Survey Fax 703-771-2630 Lanham, MD Leesburg, VA Manassas, VA To: Frederick County Planning Department Date: 8/31/2007 Project No: 107 N. Kent Street Project Name: Brookland Manor Winchester, VA 22601 Reference: Plats Carbon Copy: D. Holliday - File Attention: Lauren Krempa We Transmit: the following: for: as per your request �1 prints your approval J as requested by Al under separate cover 1 specifications � ' your review and comment by mail i 110 change order your file/use as approved by vY� by messenger L 7J shop drawings revision and submission f�', by pick up reproducibles disU ibution as submitted for approval by by overnight cd, carrier l please acknowledge receipt of g d product literature enclosures J computations A return enclosures to us descriptions `EI Copies: Date: Number: Description: 2 copies of remaining Bulk Land Plats (outlot 1, phase 2 and phase 3) 2 copies of remaining Subdivision Plats (phase 2 and phase 3) 1 8/31/2007 memo about these plats Comments: your review and comment. k you. If enclosures are not as noted, please notify us at once Dewberry & Davis LLC is an equal opportunity employer and, as such, complies with Section of Executive Order 11246 as amended by Executive Order 11357. Transmittal # 15575 Sent by: David B. Weems M E M O R A N D U M DATE: August 31, 2007 TO: Lauren Krempa — Frederick County Planning FROM: David Weems RE: Brookland Manor — Plats Since we appear to have worked through most of the issues with the Phase 1 plats (both the "bulk land" plat and the "subdivision" plat), I am wending you copies of the remaining plats for your review. Obviously, we need to add the instrument numbers of the phase 1 plats to these to show where the easements/rights-of-way/etc. were dedicated, but I'd like to get the other items reviewed up front and we can add that information when it is available. The planned recording sequence is: Phase 1 Bulk Land Plat (rpa-683) Phase 1 Subdivision Plat (rpa-684) Outlot 1 Bulk Land Plat (rpa-685) Phase 2 Bulk Land Plat (rpa-686) Phase 3 Bulk Land Plat (rpa-687) Phase 2 Subdivision Plat (rpa-689) Phase 3 Subdivision Plat (rpa-690) Please look these plats over and respond with your comments and/or concerns. Please call me with any questions. Thank you. P:\PROJECTS\Brookland Manor\Phase-Section One\ADMN\LETTERS\memo 8-31-07.doc SEP 4 2007 Dewberry 1503 Edwards Ferry Road Suite 200 Leesburg, VA 20175-6680 Phone: (703) 771-8004 Metro: (703) 478-1335 Fax: (703) 771-4091 O CO n RICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 30, 2007 Dewberry & Davis LLC Attn: David Weems 1503 Edwards Ferry Rd, Suite 200 Leesburg, VA 20176 RE: Brookland Manor Subdivision Design Plan Approval Dear David: This letter is to confirm that the Subdivision Design Plan for Brookland Manor has been approved. Attached are five full sets of plans for your records and distribution. It is now appropriate for you to submit the final plats for final signature for this subdivision. In addition to the information provided on the approved design plan, the plats must include the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation. If you have any questions, please feel free to call. Sincerely, Lauren E. Krempa Planner I LEK/bad Attachments cc: Brookland Manor, LLC, 420 W. Jubal Early Dr., Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Yahoo! Mail - dholliday22604pyahoo.com Page 1 of 1 �,&390 V MAIL Subject: Brookland Manor - Approval of Plans Date: Tue, 28 Aug 2007 11:42:38 -0400 From: "Weems, David" <dweems@Dewberry.com> To: "Jo Schramm" <dholliday22604@yahoo.com> CC: "Weems, David" <dweems@Dewberry.com> 8/28/07 Print - Close Window Dave — Per the voice mail message I just left you, the plans are ready for approval pending your signature on the cover sheets. I apologize for not getting you to sign them earlier, but to be honest I didn't even see that you had a signature block was on the cover sheet. Therefore, if you would, please go to the Planning office and ask for the sets of plans (they are on Mark Cheran's desk). Once you sign them, then Mark will sign them, the plans will be approved and you can get your inspections. In addition, if you'll bring them the $100.00 fee check for the phase 1 "en-masse" plat (put it to the attention of Lauren Krempa), they will approve the phase 1 "en-masse" plat for you to record. I apologize for the confusion. Please call me with any questions. Thank you. David David B. Weems, P.E. Associate Dewberry 1503 Edwards Ferry Road Suite 200 Leesburg, VA 20176-6680 (703) 771-8004 (phone) (703) 771-4091 (fax) dweems@dewbermcom www.dewberry.com http://us.f519.mail.yahoo.com/ym/ShowLetter?box=lnbox&Msgld=1682_7400829_12569_ 1705_... 8/28/2007 -t `-'1 Dewberry Transmittal AUG 2 2 2007 1503 Edwards Ferry Rd., Suite 200 Leesburg, VA 20176 Phone 703-771-8004 Metro 703-478-1335 Fax 703-771-4091 Survey Fax 703-771-2630 l Atlanta, GA vg'! Fairfax, VA OR Lanham, MD Baltimore, MD N Fredericksburg, VA1 Leesburg, VA Chicago, iI Gaithersburg, MD Manassas, VA o: Frederick County Planning Date: 8/22/2007 Project No: 107 N. Kent Street Project Name: Brookland Manor Winchester, VA Reference: Signature Submission for Subdivision Plans Carbon Copy: D. Holliday - File Attention: Lauren Krempa We Transmit: the following: for: as per your request V prints V your approval as requested by under separate cover A specifications your review and comment by mail change order your file/use as approved by by messenger shop drawings revision and submission by pick up reproducibles distribution as submitted for approval by 7k,� by overnight cd please acknowledge receipt of carrier product literature enclosures _J computations I return enclosures to us descriptions d_ approvals Copies: Date: Number: Description: 7 pp-411 sets of Brookland Manor Subdivision Plans 1 8/21/2007 cover letter 1 8/20/2007 bond estimate 1 set of approvals from other agencies (10 separate agencies) Comments: Per your letter dated August 13, 2007 and our subsequent telephone conversations, we are submitting for final approval of this plan. Please let me know if you need anything more. k you for all your help. If enclosures are not as noted, please notify us at once Dewberry & Davis LLC is an equal opportunity employer and, as such, complies with Section of Executive Order 11246 as amended by Executive Order 11357. Transmittal # 15518 Sent by: David B. Weems 1503 Edwards Ferry Road 703 771 80_ 703 478 1335 metro �•�:� Suite 200 703 771 4091 fax '1'1. Dewberry Leesburg, Virginia 20176-6680 www.dewberry.com August 21, 2007 Ms. Lauren Krempa Frederick County Department of Planning 107 North Kent Street Winchester, VA 22601 Re: Brookland Manor — Subdivision Design Plan Comments dated August 13, 2007 Dear Ms. Krempa: We have revised our plans for the above referenced plats incorporating your comments dated August 13, 2007. The following is a brief description of our actions. Comment: On sheet 1 of 21, the note regarding handicapped parking spaces has been removed . Please return the note and display which spots will be designated as handicapped spaces on the plan. Accessible parking spaces are required; please refer to 165-27E (6) of the Frederick County Zoning Ordinance. Response: Per our telephone conversation of August 14, 2007, the handicapped parking tabulations have been placed in the "Zoning Tabulations" on sheet 1. In addition, the two (2) handicapped spaces required for this plan have been placed on the plan sheets adjacent to lot 49 (see sheet 4). 2. Comment: On sheets 3 and 4 of 21, regarding sidewalks, please shade the sidewalks on the western side of Brookland Drive and continue the sidewalk around the cul-de-sac as shown on the plans. Response: The sidewalk has been shaded on sheets 3 and 4. In addition, the sidewalk goes the entire way around the cul-de-sac bubble. Comment: On sheet 4 of 21, provide the actual location of easements. Response: The actual locations of the easements have been provided on sheet 4. 4. Comment: On sheet 17 of 21, replace the fence with hedges, which will both block the headlights from cars in the lot and provide access to the open space between units without encouraging trespassing. A break in the center of the hedge row would allow appropriate access to the open space, as shown on the plan. Response: Per our telephone conversations on August 14, 2007, either a hedge or fence is acceptable to Frederick County. The purpose is to block the lights and allow access to the open space. We currently propose a fence along the side lot lines of lots 24 and 35 and no fence in the open space between these lots (thereby providing the required access to the open space). In addition, we have made the detail on sheet 17 a bit more clear and easier to read. Per our conversation, this alternative is acceptable. Dewberry & Davis LLC Ms. Lauren Krempa August 21, 2007 Page 2 On sheet 3, on sheet 17 of 21, Viburnum is only permitted as an ornamental tree and not for use as an evergreen. Please choose an alternative evergreen tree, such as the Leyland Cyprus or an Arborvitae. Response: Per or telephone conversation of August 14, 2007, the Viburnum shown on sheet 17 as an evergreen is a typographical error. The common name for the tree in questions is actually "Canadian Hemlock". The list on sheet 17 has been corrected accordingly. On sheet 17A of 21, please provide an exact detailed design of the seating area and its associated materials. This feature will need to be bonded prior to releasing plats for this project; therefore, its design at this stage is required.. Response: Per or telephone conversation of August 14, 2007, an exact detailed design is not required at this time, but we need to show that there are to be benches provided in the sitting area (as opposed to the possibility that someone would argue that one could sit on the ground). Therefore, we have added rectangles for the approximate locations of three (3) benches around the circle within the sitting area and labeled them as "benches". General: Comment: I would also note that this letter constitutes the fourth review of this project. The fee schedule requests $500.00 review fee for each review beyond the first two. Therefore, a $1,000.00 review fee is required to cover the past two reviews. Response: Per our telephone conversations on August 16, 2007 and your subsequent conversation with Mr. Eric Lawrence of Frederick County Planning, this review fee has been waived in this instance. We feel that we have adequately addressed your concerns regarding this project. Please call me if there are any questions. Sincer ly, David B. Weems, PE Associate Cc: D. Holliday P:\PROJECTS\Brookland Manor\Phase-Section One\ADMN\LETTERS\BM-PLAT COMM 8-21-07.doc It Dewberry REQUEST FOR SUBDIVISION COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Cho -DAI1►Q s Name of development and/or description of the request: �2-.h --V\ ( /111111 M Owl—,j 102 'P'n1.%bA 11+v )CL ! .TrY_ A1-1, 1 . -GA hid W 7 1 I 1 Va. Dept. of Transportation Comments: See attached email from VDOT dated June 13, 2007 to Mr. navid Frank with Dewberry regarding VDOT approval. VDOT Signature and Date: O 10Z (NOTICE TO RESIDENT ENG *PLEASE RE THIS FORM TO AP L CANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. ` From: Page I of 2 Funkhouser, Rhonda From: Funkhouser, Rhonda on behalf of Ingram, Lloyd Sent: Wednesday, June 13, 2007 7:57 AM To: 'dfrank@dewberry.com' Cc: Baluch, Stephen; Ingram, Lloyd; 'mcheran@co.fredenck.va.us'; Smith, Matthew Subject: Brookland Manor - Route 658 Brookland Lane - Frederick County - VDOT Conditional Approval Attachments: Plan Approval Attachments.pdf This is to acknowledge receipt of your revised plans with latest revisions dated 5/07/07 for the referenced project. The plans appear satisfactory and are approved subject to correction of the following remaining items: 1. On sheet 3 at both intersections with Monticello Square, based on the revised location of the CG-12C ramps, locate the STOP lines and STOP signs about 10 feet closer to the intersection, which would place the STOP line about 4 feet in advance of the crosswalk. 2. On sheet 3, please provide written evidence of the specific concurrence of the County in consultation with emergency services for the reduced radius of 40 feet for the cul-de-sac. The general approval of the Frederick County Fire Marshall previously provided does not specifically mention the reduced radius of the cul-de-sac. (VDOT Road Design Manual, p. B-17, Rev. 1/06, llttp://www.cKtranet.vdot.state.va.us/l..cdes/Electronic%20Pubs12005%o20RDM/appendb.pd:f ). 3. On sheet 12 in the "Storm Sewer Profile" from 30 to 35, for storm pipe 34-35 the note to encase the existing waterline where it crosses the storm pipe is just a handwritten notation and should be typed. 4. Correct the VDOT road and bridge standard details as noted below: Standard Sheet Latest Rev. Title Page Notes CG-9B Rev. Standard Entrance 203.02 The top of the detail 2/06 Gutter for Use with block is cut off on sheet Unpaved Space 19B. Detail could be Between Curb and deleted, since it does not Sidewalk appear to be used an where on the plans. CG-11 Rev. Method of Treatment- 203.04 The left edge of the detail 7/01 Connection for Street block is cut off on sheet Intersections and 19B. Commercial Entrances Please advise the developer accordingly of this approval. Please provide 6 sets of approved construction plans with signed seal for VDOT distribution. I offer the following general comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. 8/2/2007 � Y From: Page 2 of 2 • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and the approved plans (see attachments). • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all recorded plats of dedication for drainage easements or additional right-of-way required for implementation of this proposed project should be provided to VDOT prior to issuance of any land use permit. Dedication should be made to the Commonwealth of Virginia. • A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way required for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use permit. Should you need additional information, do not hesitate to call me, or Mr. Stephen Baluch of our Winchester Office at 540-535-1829. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 8/2/2007 ri RMEST.FOR SUBDIVISION COMMENTS . '�' Frederick County Sanitation Authority Attu: Engineer Director P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 *, The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Yu ; nia, ifyou t44 prefer to hand deliver this review. Applicant's name, address and phone number: Dewberry c/o David Weems _ 1503 Edwards Road, Suite 200 _ Leesburg, VA 20176 _ Name of development and/or description of the request: ` t 14, _4 q Brookland Manor Subdivision _ Location: .� `'•° Brookland Lane, off of Valley Mill, East of I 81, and South of Route 7:-- � 4 Sanitation Authority Comments: r o { JN 5, CzK f of n �P'� �/'.,• - :r4.� f i � + `" ?`'' Sanitation Authority Signature & Date: (NOTICE TO SANITATION AUTHORITY R RETURN THIS FORM TO APPLIC.' `SIT.) NOTICE TO APPLICANT It is your respons�biliiy to complete this form as accurately as possible in order to assist the agent . �,vith their review. Also, please attach a copy of your application form, location map and all othe`• rerdnent informaQion. FREDERI%,� COUNTY SANITATION AU'i _ _ JRITY SITE PLAN REVIEW COMMENTS PO Box 1877, Winchester, VA 22604 315 Tasker Road, Stephens City, VA 22655 540.868.1061 Voice 540.868.1429 Fax Project Applicant REVIEW STATUS review number -@ — correct & resubmit approved DRAWINGS send me by approved as noted number of items to be corrected 1. print of sheets 2. two CDs: each disc shall contain the following plan sheets ,•¢ �d Y,E a. one CD (containing all of the above noted sheets) shall be in PDF format. Each sheet shall be in its own file and be in landscape orientation. Each file shall be titled with the project name and appropriate sheet number. b. one CD (containing all of the above noted sheets) shall be in DWG format. Each sheet shall be in its own file and each file shall be titled with the project name and appropriate sheet number. Each sheet shall (1) be in landscape orientation, (2) be without a border, (3) be in state plane coordinate system NAD 83, and (4) be compatible with AutoCAD 2006. c. each of the two CDs shall be labeled with its format and project name, and placed in a CD sleeve EASEMENTS �Y % N I need a copy of the recorded onsite water and / or sewer easement(s). Y (N/ I need a copy of the recorded offsite water and / or sewer easement(s). I need a copy of the recorded deed(s) of easement before service will be authorized. OTHER Y This project also requires DEQ - Valley Region approval. 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801 (540-574-7814) Y /(24,/ This project also requires VDH — Lexington Office approval. 131 Walker St., Lexington, VA 24450 (540-463-7136) Date:l/t John G. Whitacre - Senior Engineer Control number Date received Date reviewed Date Revised s PO 6- 00 62 9/12/2006 9/19/2006 Project Name Applicant Brookland Manor Dewberry clo David Frank Address City State Zip Applicant Phone 611 W. Jubal Early Dr., Bldg. B Suite C Winchester VA 22601 540-678-2700 Type Application Tax ID Number Fire District Rescue District Site Plan 54-2-5,6 18 18 Current Zoning Election District RP Recommendations Red Bud Automatic Sprinkler System Automatic Fire Alarm System Residential Sprinkler System No No Yes Other recommendation Emergency Vehicle Access Adequate Siamese Location Emergency Vehicle Access Comments Access Comments Additional Comments Hydrant Location Fire Lane Required Adequate Yes Roadway/Aisleway Width Special Hazards Adequate No Plan Approval Recommended Reviewed By Signature Yes J. Neal Title REQUEST FOR SUBDIVISION COMMENTS RECEIVED Frederick County parks and Recreation Dept. Attn: Director of Parks and Recreation :.SAY 2 2 2007 107 North Kent Street Winchester, Va. 22601 (540) 665-5678 ewberi The Frederick County Parks and Recreation Department is located on the second floor of the Frede : c:f County Administration Building, 107 North Dent Street, Winchester, if you prefer to hand deliver this revi( , form Applicant's name, address and phone number: Dewberry c/o David wpeTnq 1503 Edwards Ferry Road, Suite 200 Leesburg, VA 20176 Name of development and/or description of the request: Brookland Manor Subdivision _ Location: Brookland Lane 6ff,6f-7Valley Mill, Eastc,6f V',$1 and South of Routa 7. Parks & Recreation Dept. Comments: See attached comments. Parks Signature and Date{,%/y)' , "/dj. ----' (NOTICE TO PARKS - PLEASE RETURN THIS FORM TO TI-M APPLICANT.) (% NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agent- with their review. Also, please attach a copy of your application form, cation form a 3 3 t 3 t I Brookland Manor Comments May 16, 2007 • Revisions appear to address recreational unit requirements. • Staff recommends the bike trail be designed in such a way so as to provide connectivity with future trails from adjacent development. Also, staff recommends that the trail be dedicated so that the trail system within Brookland Manor is available for general public use. • Of the 4.24 acres of open space provided, 4.06 acres are in areas designated as steep slopes or flood plain. If the intent of requiring open space is to provide areas to be used by the residents, staff is not sure that will be accomplished with the proposed open space. ��1. 4 G/ L /9- ames M. Doran, Director August 20, 2007 Mr. David Weems Dewberry 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176-6680 RE: Brookland Manor Site Plan Comments Frederick County, Virginia Dear David: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 Upon review of the revised site plan submitted August 16, 2007, all of our previous comments have been addressed. Therefore, we recommend approval of the subject site plan. Sincerely, i Joe C. Wilder Deputy Director JCW/rls cc: Mark Cheran, Zoning and Subdivision Administrator file C:\Program Files\WordPerfect Office X3\Rhonda\TEMPCOMMENTS\BROOKLANDMANOR2ndREVSPCOM.wpd 107 North Kent Street . Winchester, Virginia 22601-5000 Request for Street game Comments Subdivision Comments Frederick County Department of Geographic Information Services (GIS) Attn: Marcus Lemasters, GIS Director 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 The GIS Department will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication center Supervisor for review. This step trill prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name: Dewberry c/o David Frank Address: 611 West Jubal Drive,Bldg. B, Suite C Winchester, VA 22601 Phone number: (540) 678-2700 — Name of development and/or description of the request: Brookland Manor Subdivision Design Plan - 68 townhouse jots on 8.84 acres Location of property: Along BYOokl and Lane off Val l Py Mill Road Pact of T -R1 and south of Route 7. GIS Dept. Comments: P"3c 0j 0164100piWMfi J t"r[S OFFICE l,"'SE tJNLY. Date receivedc�m_-!��rl^ Bate revision received Datc ap.pro� ed Incplcte �-IJ.Incomplete Date reviewed C.%t..ZL Date reviewed , Signature and Date: _ *** Please returti this form to applicant,"'* Request For Site Plan Comments Frederick County Inspections Department Mail to: Frederick County Inspections Dept. Attn: Building Official 107 North Kent Street Winchester; VA 22601 (540) 665-5650 Hand deliver to: 107 N. Kent Street, Suite 200 North, -Building; '2` Vlo& Winchester, G (540) 665=5650 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the site plan with this sheet. Applicants Name. Dewberry c/o David Frank Address: 611 Weqt Tii'h 1 F.arlV Driv(-,_R1 dR- R, qni to E Winchester VA 2201 Phone Number: (540) 678-2700 Name of development and/or description of the request: Brookland Manor site plan 68 townhouse lots on 8.84 acres. Location of property: Along and south of Route 7. B rookland Lane off Valley Mill Road east of I-81, Inspections Department's Comments: Co )w m- V1: ��Jk SERVING THE TOP Of VIRGINIA / October 12, 2006 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 David Frank Dewberry 611 West Jubal Early Drive, Building B, Suite C Winchester, Virginia 22602 Re: Site Plan Comment Brooklar d Manor Red Bud Magisterial District Dear Mr. Frank: The Winchester Regional Airport Authority offers the following comment regarding the proposed rezoning plan for the referenced project. This parcel does lie within the air space of the Winchester Airport and due to its proximity to the airport, property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the north/northwest. Thank you for allowing us the opportunity to review this site plan. Sincerely, Qma"-Y� Serena R. Manuel Executive Director Request For Site Plan Comments Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport 491 Airport Road Attn: Executive Director (Route 645, off of Route 522 South) 491 Airport Road (540) 869-2422 Winchester, VA 22602 (540) 869-2422 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the site plan with this sheet. Applicant's Name: Dewberry c/o David Frank Address: 611 West Jubal Early Drive. Bldg. B, Suite C, Winchester, VA 22601 Phone Number: (540) 678-2700 Name of development and/or description of the request: Brookland Manor Site Plan 68 townhouse lots on 8.84 acres. Location of property: Along Brookland Lane off Valley Mill Road east of 1-81, and south of Route 7. Winchester Regional Airport Comments Request for Street Name Comments Site Plan Review Frederick County Department of GIS (Geographic Information Systems) Attn: Marcus Lemasters, GIS Manager 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5651 The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County street name system. Proposed street names will also be routed through the Communication Center Supervisior for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name: Dewberry c/o David Frank 611 West Jubal Early Drive, Bldg. B, Suite C Address: Winchester, VA 22601 Phone Number: (540) 67s-2700 Name of development and/or description of the request: Brookland Manor Site Plan 68 townhouse lots on 8.84 acres. Location of property: Along Brookland Lane off Valley Mill Road east of I-81 and south of Route 7. GIS Manager Comments: 'InP17TiCE-LLC, 14-p D G✓�f'� S�'fi4rvl r �q_ppn vF AJO J J� Frederick Cou�nkif Public Schools -= nm5tTtAfive Assistant to Visit us at e-uukil: t1he Superl-ritendent kapomisOf red erick,kl lva,us August-28, 2007 Mr. David 13 Weems, P,E, Dewberry 1503 F.dwards Ferry Road Suite 200 Leesburg, VA 20176-6680 Dear Mt. Weerns: RE: Brookland Manor Subdivision Plan This letter is in response to your rNtiest for oorninctits regarding the subdivision plan for the proposed Brookland Manor project, Based on the inforniation provided, it is anticipated that div proposed 68 townhouses along with the I single-family detached home will impact as follows: 21 elementary school students, 8 middle school students., and 8 high school students for a total of 37 new student& upon build-otit. Sig nwant. residential growth in Fitdcrick County has resulted in the school,,; serving this area L� having student enrollments nearing or exceeding the practical capacity for it school. The cumulative impact of this protect and others of similar nature, coupled with the nuinber of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools 'facilities to accommodate increased student enrollments. The impact of this master development plan on current and fluturc school needs should be considered during the approval process. Respectfully yours, Stephen M. Kapocsi Coordinator of Construction and Ncilides Use SN4K--dl,r CC! Patricia Taylor, Superintendent of Scljools Al Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director ofTransportation 540-662-3889 E-yd 112 1415 Anilicrot Street,, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 7 / F 069CF990tg GT00qDS DTTqnd '00 M:DT-IaPaJA WV eF:01 qF-5nV—L00F COUNTY of FREDERICK AUG 2 August 20, 2007 Mr. David Weems Dewberry 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176-6680 RE: Brookland Manor Site Plan Comments Frederick County, Virginia Dear David: Department of Public Works 540/665-5643 FAX: 540/ 678-0682 Upon review of the revised site plan submitted August 16, 2007, all of our previous comments have been addressed. Therefore, we recommend approval of the subject site plan. Sincerely, 64-t 4A) Joe C. Wilder Deputy Director JC W/rls cc: Mark Cheran, Zoning and Subdivision Administrator ✓ file C:\Program Files\WordPerfect Office X3\Rhonda\TEMPCOMMENTS\BROOKLANDM4,NOR2ndREVSPCOM.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 July 19, 2007 Mr. David Frank, C.L.A. Dewberry 1503 Edwards Ferry Road, Suite 200 Leesburg, Virginia 20176-6680 RE: Brookland Manor Site Plan Comments Frederick County, Virginia Dear David: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 Upon review of the revised site plan submitted May 10, 2007, we offer the following comments: 1. Refer to Comment 4 of our comments dated March 23, 2007. A slope stability analysis shall be submitted for slopes greater than 3:1 prior to site plan approval. 2. Refer to Comment 5 of our comments dated March 23, 2007. Because the proposed retaining wall is an important part of the overall final grading plan for the site and will affect the grading of several lots a wall design shall be submitted for review and approval prior to approval of the site plan. However, a building permit for the wall can be simultaneously submitted through the building inspections department. Once these comments have been addressed, submit one (1) set of the revised plan for further review. Please highlight on the revised plan the changes listed above. Please complete and submit the items listed above along with the one set of the revised plan. Sincerely, q0t, C, �Jjajlv ,L)w Joe C. Wilder Deputy Director JCW/rls cc: Mark Cheran, Zoning and Subdivision Administrator file JUL 2 0 2001 CAProgram Files\WordPerfect Office X3\Rhonda\TEMPCOMMENTS\BROOKLANDMANORREVSPCOM.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 1Gir w4 boa Rn C o F(01 REDERICK I 17, 2007 Dewberry & Davis LLC Attn: David B. Weems 1503 Edwards Ferry Rd, Suite 200 Leesburg, VA 20176 RE: Brookland Manor Subdivision Plats, 0 Review Dear David: Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 I have had the opportunity to review the Plats submitted for the Lands of Brookland Manor, LC, and the subdivision plats for Phase 1 of Brookland Manor, submitted to this office on July 30, 2007. Approval of these plats is denied until the following concerns are met: Lands of Brookland Manor, LC: 1. On sheets 1 through 4, this property is located in the Red Bud Magisterial District; the current plats show Shawnee. 2. On sheet 1, the approval signature line should read "Frederick County Subdivision Administrator." 3. On sheet 2, distinguish between the adjoining Copperfield Lots (#36-47) and this proposed subdivision 4. On sheet 3, the historic out lot is included in Phase 1 and should be created as such on these plats. 5. On sheet 3, provide the actual location of easements as well as the deed book/page number or instrument number of previously created easements. Brookland Manor, Phase 1 final plats: 1. On sheets 1 through 9, revise the magisterial district as mentioned above. 2. On sheet 1, revise the approval line as mentioned above. 3. On sheet 2, provide a distinction between the Copperfield lot numbers and the proposed lot numbers associated with this subdivision. 4. On sheet 2, move the rear yard label for clarification, as shown, and the label should read "50 foot rear perimeter yard setback." 5. On sheet 3, provide a 35 foot BRL on lot 14. 6. On sheet 6, correct the setbacks for the historic out lot as shown. Also, according to the subdivision plans, this lot is included in Phase 1 of the subdivision. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 f F David B. Weems Re: Brookland Manor Subdivision August 17, 2007 Page 2 7. On sheet 7, show the actual location of the easements, and previously recorded easements should be provided with deed book/page number or instrument number. 8. On sheet 7, remove any BRL labels as they apply to future phases. These BRLs will be required on future plats. 9. On sheet 7, show the active/inactive buffers and fence line. 10. On sheet 7, the SDP shows a pedestrian trail on the open space parcel on this sheet; provide the location of the trail easement. 11. On sheet 2 through 7, provide a "Future Phase #" label on all residue parcels. 12. On sheets 2 through 7, shade or hatch all easements in order to differentiate between the lot lines, building restriction lines (BRLs) and easements. Also, provide the written width of all easements. 13. On sheets 2 through 7, provide the right-of-way widths for all streets, including private roads and any roads from adjoining subdivisions. 14. On sheets 2 through 7, easements should be merged with BRLs. 15. On sheets 2 through 7, show the basic location of the town home units on the lots and distance from unit to property line, as provided in the SDP and as indicated on the plats. Please address the above comments and resubmit for approval. If you have any questions, please contact me at (540)665-5651. jS� ,�cerely, 7' Lauren E. Kr mpa Planner I Brookland Manor, LLC, 420 W. Juba] Early Dr., Winchester, VA 22601 Attachment LEK/bad 9jis) r now, Dewberry Transmittal JUL 3 0 2007 1503 Edwards Ferry Rd., Suite 200 Leesburg, VA 20176 Phone 703-771-8004 Metro 703-478-1335 Fax 703-771-4091 Survey Fax 703-771-2630 ❑ Atlanta, GA Fairfax, VA M Lanham, MD Baltimore, MD Fredericksburg, VA Leesburg, VA Chicago, IL Gaithersburg, MD Manassas, VA To: Frederick County Planning Department Date: 7/27/2007 Project No: 107 N. Kent Street Project Name: Brookland Manor Winchester, VA 22601 Reference: Plats - Initial review Carbon Copy: D. Holliday - K. Fleming - File Attention: Mark Cheran We Transmit: the following: for: A as per your request V prints your approval 181 under separate cover specifications EVI your review and comment by mail change order `I your file/use by messenger shop drawings revision and submission LI by pick up J reproducibles '' distribution by overnight cd carrier ] product literature NJ computations ] descriptions I !.-I as requested by as approved by as submitted for approval by please acknowledge receipt of enclosures return enclosures to us Copies: Date: Number: Description: 2 BM - parcel plat (phase 1) 2 BM - subdivision plat (phase 1) 1 7/27/2007 memo 7/27/07 If enclosures are not as noted, please notify us at once Transmittal # 15334 Sent by: David B. Weems Dewberry & Davis LLC is an equal opportunity employer and, as such, complies with Section of Executive Order 11246 as amended by Executive Order 11357. `� - __ � I _., �. � � �,' '�.�lE 1, fi)�- ���� M E M O R A N D U M DATE: July 27, 2007 TO: Mark Cheron — Frederick County FROM: David Weems RE: Brookland Manor — Plats I am sending these plats for your initial review. It is my understanding that you spoke with Mr. Kirk Norton of our Winchester office some time ago about the potential phasing of this project. These plats are of the initial phase of the project. The first plat (entitled "Plat Showing Subdivision of Lands of Brookland Manor, LC — file # RPA 683-1-C) is a plat to subdivide out the parcel of land that will be sold to the home builder for further subdivision into individual home lots. It proposes to create a single parcel comprised of 6.84 acres. The second plat (entitled "Final Plat of Subdivision Brookland Manor Phase 1 Lands of K. Hovnanian Homes of Virginia, Inc. — file # RPA 684-1-C) is the plat that subdivides the parcel created in the first plat into individual townhouse lots, public right-of-way and easements. All of the easements for the entire project (that are shown on the Construction Plans) are proposed with this plat. In the future, similar plats for the historic house, phase 2 and phase 3 will be provided in a similar manner (although, as is mentioned previously, all easements will already be in place when those plats are submitted). Please look these plats over and respond with your comments and/or concerns. Please call me with any questions. Thank you. P:\PROJECTS\Brookland Manor\Phase-Section One\ADMN\LETTERS\memo 7-27-07.doc Dewberry 1503 Edwards Ferry Road Suite 200 Leesburg, VA 20175-6680 Phone: (703) 771-8004 Metro: (703) 478-1335 Fax: (703) 771-4091 t Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 13, 2007 Dewberry & Davis LLC Attn: David L. Frank 1503 Edwards Ferry Rd, Suite 200 Leesburg, VA 20176 RE: Brookland Manor Subdivision Design Plan, 4th Review Dear Mr. Frank: I have had the opportunity to review the Subdivision Design Plan (SDP) for Brookland Manor, submitted to this office on June 01, 2007 for the 4th review. Please address the following comments, questions, or concerns: 1. On Sheet 1 of 21, the note regarding handicapped spaces has been removed. Please return the note and display which spots will be designated as handicapped spaces on the plan. Accessible parking spaces are required; please refer to § 165- 27E(6) of the Frederick County Zoning Ordinance. 2. On Sheets 3 and 4 of 21, regarding sidewalks, please shade the sidewalks on the western side of Brookland Drive and continue the sidewalk around the cul-de-sac as shown on the plans. 3. On Sheet 4 of 21, provide the actual location of easements. 4. On Sheet 17 of 21, replace the fence with hedges, which will both block the headlights from cars in the lot and provide access to the open space between units without encouraging trespassing. A break in the center of the hedge row would allow appropriate access to the open space, as shown on the plan 5. On Sheet 17 of 21, Viburnum is only permitted as an ornamental tree and not for use as an evergreen. Please choose an alternative evergreen tree, such as the Leyland Cyprus or an Arborvitae. 6. On Sheet 17A of 21, please provide an exact detailed design of the seating area and its associated materials. This feature will need to be bonded prior to releasing plats for this project; therefore, its design at this stage is required. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r David L. Frank Re: Brookland Manor, 4ch Review August 13, 2007 Page 2 I would also note that this letter constitutes the fourth review of this project. The fee schedule requests a $500 review fee for each review beyond the first two. Therefore, a $1,000 review fee is required to cover the past two reviews. Please address the above comments and resubmit for approval. If you have any questions, please contact either myself or Lauren Krempa at (540)665-5651. Sincerely, 0 VOA Angel W Planning Technician cc: Brookland Manor, LLC, 420 W. Jubal Early Dr., Winchester, VA 22601 AJC/LEK/bad SW () V1 W sI August 13, 2007 10V 06 Dewberry & Davis LLC Attn: David L. Frank 1503 Edwards Ferry Rd, Suite 200 Leesburg, VA 20176 lockqicy) n�elwvrf '5 RE: Brookland Manor Subdivision Design Plan, 4th Review Dear Mr. Frank: WS /S �� S mQl I have had the opportunity to review the Subdivision Design Plan (SDP) for Brookland Manor, submitted to this office on June 01, 2007 for the 4th review. Please address the following comments, questions, or concerns: 1. On Sheet 1 of 21, the note of handicapped spaces has been removed. Please return the note and display which spots will be designated handicapped within the site plan. Accessible parking spaces are required; please refer to § 165-27E(6) of the Frederick County Zoning Ordinance. A previous review letter had sought further clarification regarding the location of the required ADA parking spaces. 2. On Sheet 17 of 21, there is concern regarding the coverage provided by the opaque fence and the access it allows to the open space. Staff suggest replacing the fence with hedges so that the row may connect with the already proposed ornamental trees; a break in the center of the hedge row would allow appropriate access to the open space. 3. On Sheet 17A of 21, please provide an exact detailed design of the seating area and its associated materials. This feature will need to be bonded prior to releasing plats for this project therefore its design at this stage is required. V i bCr r1V►i -A& 6r h 0 n 1 I would also note that this letter constitutes the fourth review o this project. The fee schedule requests a $500 review fee for each review beyond the first two. Therefore, a $1,000 review fee is required to cover the past two reviews. Please address the above comments and resubmit for approval. If you have any questions, please contact this office. Sincerely, Angela Crone Planning Technician U:\Angela\SDP\Brookland Manor 4th review.doc in Dewberr Transmittal JUN 1u 1503 Edwards Ferry Rd., Suite 200 Leesburg, VA 20176 Phone 703-771-8004 Metro 703-478-1335 t„ Atlanta, GA El Fairfax, VA ❑ Baltimore, MD ❑ Fredericksburg, VA E Chicago, IL ❑ Gaithersburg, MD Fax 703-771-4091 Survey Fax 703-771-2630 Lanham, MD Leesburg, VA Manassas, VA To: Frederick County Planning Department Date: 5/31/2007 Project No: 11000-8400 107 North Kent Street Project Name: Brookland Manor Winchester, Va 22601 'Reference: ,Carbon Copy: Attention: Mr. Bernard Suchicital We Transmit: as per your request under separate cover by mail ❑ by messenger El by pick up E] by overnight carrier the following: ❑ prints ❑ specifications E change order 0 shop drawings ® reproducibles IK cd IWI product literature RI computations 0 descriptions ❑ ❑ ❑ ❑ ❑ H for: your approval your review and comment your file/use revision and submission distribution as requested by ❑ as approved by ® as submitted for approval by please acknowledge receipt of enclosures Fal return enclosures to us Copies: Date: Number: Description: 2 5/31/2007 revised Subdivision Design Plan per planning comments Comments: If enclosures are not as noted, please notify us at once Dewberry & Davis LLC is an equal opportunity employer and as such, complies with Section of Executive Order 11246 as amended by Executive Order 11357. Transmittal # 14961 Sent by: David Frank N� 1503 Edwards Ferry Road 703 771 8004 • 703 478 1335 metro t Suite 200 703 771 4091 fax Dewberry Leesburg, Virginia20176-6680 www.dewberry.com `. May 30, 2007 Mr. Bernard S. Suchicital County of Frederick Department of Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 Re: Brookland Manor Subdivision Design Plan, 3rd Review Dear Mr. Suchicital: On behalf of Brookland Manor, we offer our responses to your comments dated 05/24/07. 1. Comment: On Sheet 1 of 21, the vicinity map is unreadable. Please provide a new map, perhaps similar to the one found on the cover sheet for the associated MPD. Response: We have added a second vicinity map to sheet I of the plans to satisfy multiple agency comments. 2. Comment: On Sheet 1 of 21, the project summary table makes note of two handicapped spaces within the project, yet they are not shown within the design plan. Please explain/amend. Response: We have removed the reference to HC parking spaces, see sheetl. 3. Comment: On Sheet 2A of 21, the information provided in the individual phasing tables needs to be personalized to each phase. Please adjust the numbers. Response: Per our discussion on 5-30-07, we have added lot totals to Phase]. We have also made a few graphic changes to the tables, see sheet 2A of the plans. 4. Comment: On Sheet 4 of 21, insert a street sign at the corner of Worsham Terrace and Brookland Lane. Identify Worsham Terrace as a private street. Response: Per our conversation on 5-30-07, we have left the street name sign location at the entrance of Worsham Terrace to the Brookland Lane cul- de-sac, see sheet 4 of the plans. Dewberry & Davis LLC 5. Comment: On Sheet 17 of 21, provide screening to block headlights of parked cars along the parking bays on Monticello Square and Worsham Terrace as marked on the submitted SDP. Response: Per our conversation on 5-30-07, we have added 85 shrubs to the parking spaces adjacent the Brentwood Subdivision. We have not added shrubs to the parking spaces located on Worsham Terrace since there is a +/- 20 foot hill slope between the parking area and the adjoining property line. 6. Comment: On Sheet 17A of 21, update the graphics to reflect the modified changes on Sheets 3 and 4 of 21. Also provide a detail of the seating area located at the end of the pedestrian trail. Response: Per our discussion on 5-30-07, we have updated 17A to show the recent travel aisle revisions to Worsham Terrace. We have also added a note to both sheets 17 and 17A indicating that seating is expected at the end of the proposed trail, see sheets 17 and 17A of the plans. We trust the enclosed addresses all outstanding comments. Please call us if you have any questions. Thank you. Sincerely, David L. Frank, CLA Dewberry Dewberry Page 1 of 1 Eric Lawrence From: Weems, David [dweems@Dewberry.com] Sent: Tuesday, June 12, 2007 3:30 PM To: elawrenc@co.frederick.va.us Cc: dholliday22604@yahoo.com; Weems, David Subject: Brookland Manor Possible Cul-de-Sac revision 6/12/07 Eric — Per our telephone conversation of this afternoon, here is a sketch of the possible change we would like to do to the Brookland Manor plans. The change is to relocate the cul-de-sac bubble approximately 350' up the hill and away from the historic house on the property. This will create a more desirable situation for the historic house and will allow for a full section cul-de-sac (45' radius as opposed to the 40' currently proposed). The main reason for this is to get the turn around away from the historic house and to allow for the roadway in front of the house to be lowered a bit. The number of townhouse lots remains the same as always at 68 and the open space area will still meet all of Frederick County's requirements. With this change, we would need to retain the use of the existing dedicated right-of-way (dedicated with the Windstone project) in order to keep the roadway away from the proposed lots (by use of the right-of-way outright, by easement over the right-of-way or by some other means). We have shown this sketch to Lloyd Ingram at VDOT and he is agreeable to the change. Thank you for your time and consideration. I look forward to meeting you on Monday at 3:00 pm at your offices David David B. Weems, P.E. Associate Dewberry 1503 Edwards Ferry Road Suite 200 Leesburg, VA 20176-6680 (703) 771-8004 (phone) (703) 771-4091 (fax) dweems@dewberry.com www.dewbp .com Visit Dewberry's website at www.dewberry.com This email transmission may contain confidential or privileged information. If you receive this email message in error, notify the sender by email and delete the email without reading, copying or disclosing the email contents. The unauthorized use or dissemination of any confidential or privileged information contained in this email is prohibited. If you are not the intended recipient and intentionally intercept or forward this message to someone else, you may be subject to criminal and/or civil penalties. See 18 U.S.C. 2511 et seq. 6/12/2007 ffol"ll, I Irra albs a K i FTTit C t w f sna r F t I I I dMbl w# B:ft*. i NNi'll,iiiii ra" ff a ma lot WT we Ott 10" 'll i F41 im"Ni _. .._...... "It r ® j iW= imm I MINIM From: Page 1 of 2 Mark Cheran From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Wednesday, June 13, 2007 7:57 AM To: dfrank@dewberry.com Cc: Baluch, Stephen; Ingram, Lloyd; mcheran@co.frederick.va.us; Smith, Matthew Subject: Brookland Manor - Route 658 Brookland Lane - Frederick County - VDOT Conditional Approval This is to acknowledge receipt of your revised plans with latest revisions dated 5/07/07 for the referenced project. The plans appear satisfactory and are approved subject to correction of the following remaining items: l . On sheet 3 at both intersections with Monticello Square, based on the revised location of the CG-12C ramps, locate the STOP lines and STOP signs about 10 feet closer to the intersection, which would place the STOP line about 4 feet in advance of the crosswalk. 2. On sheet 3, please provide written evidence of the specific concurrence of the County in consultation with emergency services for the reduced radius of 40 feet for the cul-de-sac. The general approval of the Frederick County Fire Marshall previously provided does not specifically mention the reduced radius of the cul-de-sac. (VDOT Road Design Manual, p. B-17, Rev. 1/06, http://www.extranet.vdot.state.va.us/locdes/Electronic%20Pubs/2005%2ORDMJappendb.pdf ). 3. On sheet 12 in the "Storm Sewer Profile" from 30 to 35, for storm pipe 34-35 the note to encase the existing waterline where it crosses the storm pipe is just a handwritten notation and should be typed. 4. Correct the VDOT road and bridge standard details as noted below: Standard Sheet Latest Rev. Title Page Notes CG-913 Rev. Standard Entrance 203.02 The top of the detail 2/06 Gutter for Use with block is cut off on sheet Unpaved Space 19B. Detail could be Between Curb and deleted, since it does not Sidewalk appear to be used anywhere on the plans. CG-11 Rev. Method of Treatment- 203.04 The left edge of the detail 7/01 Connection for Street block is cut off on sheet Intersections and 19B. Commercial Entrances Please advise the developer accordingly of this approval. Please provide 6 sets of approved construction plans with signed seal for VDOT distribution. I offer the following general comments: A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. 6/25/2007 From: Page 2 of 2 • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and the approved plans (see attachments). • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all recorded plats of dedication for drainage easements or additional right-of-way required for implementation of this proposed project should be provided to VDOT prior to issuance of any land use permit. Dedication should be made to the Commonwealth of Virginia. • A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way required for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use permit. Should you need additional information, do not hesitate to call me, or Mr. Stephen Baluch of our Winchester Office at 540-535-1829. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 6/25/2007 From: Page 1 of 2 Mark Cheran From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Wednesday, June 13, 2007 7:57 AM To: dfrank@dewberry.com Cc: Baluch, Stephen; Ingram, Lloyd; mcheran@co.frederick.va.us; Smith, Matthew Subject: Brookland Manor - Route 658 Brookland Lane - Frederick County - VDOT Conditional Approval This is to acknowledge receipt of your revised plans with latest revisions dated 5/07/07 for the referenced project. The plans appear satisfactory and are approved subject to correction of the following remaining items: 1. On sheet 3 at both intersections with Monticello Square, based on the revised location of the CG-12C ramps, locate the STOP lines and STOP signs about 10 feet closer to the intersection, which would place the STOP line about 4 feet in advance of the crosswalk. 2. On sheet 3, please provide written evidence of the specific concurrence of the County in consultation with emergency services for the reduced radius of 40 feet for the cul-de-sac. The general approval of the Frederick County Fire Marshall previously provided does not specifically mention the reduced radius of the cul-de-sac. (VDOT Road Design Manual, p. B-17, Rev. 1/06, http://www.extranet.vdot.state.va.us/locdes/Electronic%20Pubs/2005%2ORDM/appendb.pdf ). 3. On sheet 12 in the "Storm Sewer Profile" from 30 to 35, for storm pipe 34-35 the note to encase the existing waterline where it crosses the storm pipe is just a handwritten notation and should be typed. 4. Correct the VDOT road and bridge standard details as noted below: Standard Sheet Latest Rev. Title Page Notes CG-913 Rev. Standard Entrance 203.02 The top of the detail 2/06 Gutter for Use with block is cut off on sheet Unpaved Space 19B. Detail could be Between Curb and deleted, since it does not Sidewalk appear to be used anywhere on the plans. CG-11 Rev. Method of Treatment- 203.04 The left edge of the detail 7/01 Connection for Street block is cut off on sheet Intersections and 19B. Commercial Entrances Please advise the developer accordingly of this approval. Please provide 6 sets of approved construction plans with signed seal for VDOT distribution. I offer the following general comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. 6/21 /2007 ,From: Page 2 of 2 • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and the approved plans (see attachments). • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all recorded plats of dedication for drainage easements or additional right-of-way required for implementation of this proposed project should be provided to VDOT prior to issuance of any land use permit. Dedication should be made to the Commonwealth of Virginia. • A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way required for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use permit. Should you need additional information, do not hesitate to call me, or Mr. Stephen Baluch of our Winchester Office at 540-535-1829. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 6/21 /2007 FILE (OPY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 May 24, 2007 Dewberry & Davis LLC Attention: David B. Weems 611 W. Jubal Early Drive Winchester, VA 22601 RE: Brookland Manor; Subdivision Design Plan, 3 d Review Dear Mr. Weems: I have had the opportunity to review the Subdivision Design Plan (SDP) for Brookland Manor, submitted to this office on March 23, 2007. Please address the following comments: 1. On Sheet 1 of 21, the vicinity map is unreadable. Please provide a new map, perhaps similar to the one found on the cover sheet for the associated MDP. 2. On Sheet 1 of 21, the project summary table makes note of two handicapped spaces within the project, yet they are not shown within the design plan. Please explain/amend. 3. On Sheet 2A of 21, the information provided in the individual phasing tables needs to be personalized to each phase. Please adjust the numbers. 4. On Sheet 4 of 21, insert a street sign at the corner of Worsham Terrace and Brookland Lane. Identify Worsham Terrace as a private street. 5. On Sheet 17 of 21, provide screening to block headlights of parked cars along the parking bays on Monticello Square and Worsham Terrace as marked on the submitted SDP. 6. On Sheet 17A of 21, update the graphics to reflect the modified changes on Sheets 3 and 4 of 21. Also, provide a detail of the seating area located at the end of the pedestrian trail. The application seeking approval is denied until the identified issues have been adequately addressed. Please address the comments and resubmit. Approval comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of Parks and Recreation, Frederick County Department of G.I.S, Frederick County Sanitation Authority, and the Virginia Department of Transportation. I have enclosed a marked copy of the plans to assist with the revisions. If you have any questions, please feel free to call, (540) 665-5651. Sincerely, Bernard S. Suchicital Planner I BSS/bad Attachment cc: Brooklaigg hlI eCftt e to J4rLv MEh itnYh276*QA000 It Dewberry Transmittal 1503 Edwards Ferry Rd., Suite 200 Leesburg, VA 20176 Phone 703-771-8004 Metro 703-478-1335 Fax 703-771-4091 Survey Fax 703-771-2630 Atlanta, GA ® Fairfax, VA ❑ Lanham, MD Baltimore, MD 7 Fredericksburg, VA Leesburg, VA Chicago, IL 0 Gaithersburg, MD Manassas, VA ;To: Frederick County Planning Date: 5/10/2007 Project No: 1000-8400 107 North Kent Street Project Name: Brookland Manor Subdivision Winchester, Virginia 22601 Reference: Carbon Copy: Attention: Mr. Bernard Suchicital i We Transmit: 521 as per your request under separate cover by mail ❑ by messenger FRI by pick up by overnight carrier the following: ❑d prints El specifications El change order R] shop drawings reproducibles cd product literature EE computations descriptions for: ❑d your approval 0 your review and comment 0 your file/use ® revision and submission ® distribution 0 as requested by as approved by ® as submitted for approval by 0 please acknowledge receipt of enclosures return enclosures to us Copies: Date: Number: Description: 1 5/9/2007 comment response letter 2 5/9/2007 revised subdivision plans Comments: If enclosures are not as noted, please notify us at once Transmittal # 14794 Sent by: David Frank Dewberry & Davis LLC is an equal opportunity employer and, as such, complies with Section of Executive Order 11246 as amended by Executive Order 11357. 1503 Edwards Ferry Road Suite 200 Y�CFO, Dewberry Leesburg, Virginia20176-6680 May 9, 2007 Bernard S. Suchicital Planner I Department of Planning and Development Suite 202 107 North Kent Street Winchester, VA 22601 Re: Brookland Manor; Subdivision Design Plan, 2nd Review Dear Mr. Suchicital: 703 771 8004 • 703 478 1335 metro 703 771 4091 fax www.dewberry.com MAY 1 0 2'6"1 On behalf of Brookland Manor; Subdivision Design Plan, we offer our responses to your comments dated 04/24/2007. 1. Comment: One Sheet 1 of 21, the vicinity map must be a scale of 1" = 2,000'. Response: We have revised the vicinity map to be at a scale of 1"=2000'. 2. Comment: On Sheets 3 and 4 of 21, insert street signs at all intersections. Response: We have placed street signs at all intersections to Brookland Lane. 3. Comment: One Sheet 4 of 21, label the right -side setbacks for Lot 56. Identify the setback for the historic out -lot. Response: We have added labels for the setbacks noted. 4. Comment: On Sheet 4 of 21, move the text "wood & black barn I story w/ walkout (to be removed), "so that it is not typed over other text Response: We have relocated the label and shifted the text leader accordingly. 5. Comment: One Sheet 4 of 21, label the width of the asphalt trail. Response: We have labeled the asphalt trail width at 8'. Dewberry & Davis LLC 6. Comment: On Sheet 17 of 21, provide a detail for the 3' high opaque screening fence. Response: We have added labels to the plans on sheets 3 and 17 noting the requirement of board fencing where vehicle headlights will shine on the residential lots. We have also added a board fencing detail to sheet 17 of the plans. 7. Comment: On Sheet 17 of 21, regarding the planting schedule and a landscaping plan, make reference to "per 165-36B of the Frederick County Zoning Ordinance. Response: We have added the reference requested directly below the Ornamental Landscaping tabulations text label. 8. Comment: On Sheet 18 of 21, properly label the width of the asphalt trail (8') and the concrete sidewalk (5') details. Response: We have revised the labels for the asphalt trail and sidewalk as requested. We trust the enclosed addresses all outstanding comments. Please call us if you have any questions. Thank you. Sincerely, David L. Frank, CLA Associate and Project Manager Dewberry FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 April 24, 2007 Dewberry & Davis LLC Attention: David Frank 611 W. Jubal Early Drive Winchester, VA 22601 RE: Brookland Manor; Subdivision Design Plan, 2"d Review Dear Mr. Frank: I have had the opportunity to review the Subdivision Design Plan (SDP) for Brookland Manor, submitted to this office on March 23, 2007. Please address the following comments: 1. On Sheet l of 21, the vicinity map must be at a scale of 1" = 2,000'. 2. On Sheets 3 and 4 of 21, insert street signs at all intersections. 3. On Sheet 4 of 21, label the right -side setbacks for Lot 56. Identify the setbacks for the historic out -lot. 4. On Sheet 4 of 21, move the text "wood & block barn 1 story w/ walkout (to be removed), " so that it is not typed over other text. 5. On Sheet 4 of 21, label the width of the asphalt trail. 6. On Sheet 17 of 21, provide a detail for the 3' high opaque screening fence. 7. On Sheet 17 of 21, regarding the planting schedule and a landscaping plan, make reference to "per 165-36B of the Frederick County Zoning Ordinance." 8. On Sheet 18 of 21, properly label the width of the asphalt trail (8') and the concrete sidewalk (5') details. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Mr. David Frank Re: Brookland Manor Subdivision Design Plan April 24, 2007 The application seeking approval is denied until the identified issues have been adequately addressed. Please address the comments and resubmit. Approval comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of Parks and Recreation, Frederick County Department of G.I.S, Frederick County Sanitation Authority, and the Virginia Department of Transportation. I have enclosed a marked copy of the plans to assist with the revisions. If you have any questions, please feel free to call, (540) 665-5651. Sincerely, Bernard S. Suchicital Planner I BSS/dlw Attachment cc: Brookland Manor, LLC, 420 West Jubal Early Drive, Winchester, VA 22601 Dewberry Transmittal 611 West Jubal Early Dr. Bldg B Suite C, Winchester, VA 22601 Phone 540.678.2700 Atlanta, GA ❑ Fairfax, VA ❑ Gaithersburg, MD ❑ Chicago, IL El Leesburg, VA ❑ Baltimore, MD ❑ Fredericksburg, VA ❑ Lanham, MD 2 3 2^�7 wV Fax 540.678.2703 ❑ Manassas, VA ❑� Winchester, VA To: Frederick County Planning Dept. Date: 3/23/2007 Project No: 10008400 107 North Kent Street Project Name: Winchester, VA 22601 Reference: Carbon Copy: Attention: Bernard Suchicital We Transmit: the following: for: El as per your request ❑ prints ❑ your approval ❑ as requested by ❑ under separate cover ❑ specifications ❑ your review and comment ❑ by mail ❑ change order ❑ your file/use ❑ as approved by by messenger ❑ shop drawings ❑ revision and submission ❑ by pick up ❑ reproducibles ❑ distribution ❑ as submitted for approval by ❑ by overnight ❑ samples ❑ ❑ please acknowledge receipt of carrier ❑ product literature enclosures ❑ ❑ computations ❑ return enclosures to us ❑ descriptions El Copies: Date: Number: Description: 1 3/14/2007 Comment Response Letter 2 3/23/2007 Copy of Plans -Cover Sheet If enclosures are not as noted, please notify us at once Transmittal # 4963 Sent by: DAVI D FRANK Dewberry & Davis LLC is an equal opportunity employer and, as such, complies with Section of Executive Order 11246 as amended by Executive Order 11357. 611 West Juba[ Early Drive 540 678 2700 Building B, Suite C 540 678 2703 fax Dewberry Winchester, Virginia 22601-6501 www.dewberry.com ' covet March 14, 2007 Bernard Suchicital Planner I Frederick County Planning and Development 107 North Kent Street Winchester, VA 22601 Re: Brookland Manor Site Plan Dear Mr. Surchicidal: On behalf of Brookland Manor, we offer our responses to your comments dated 1/22/07. Comment: On Sheet 1 Of 21, the tabulation tables do not match those of the MDP. Please revise. Response: We have removed the phasing of the project and have revised both the MDP and the Subdivision plans. "/2. Comment: On Sheet 1 of 21, please replace the signature block with one for the Zoning & Subdivision Administrator. Also, note that this is Subdivision Design Plan, not a Site Plan. Please make the appropriate corrections throughout the set. Response: We have revised the sheet borders and cover sheet as indicated. J3. Comment: On Sheet 1 of 21, please replace the signature block for the owner or principals certifying ownership of the property. Response: We have added an owner's signature block to the cover sheet. of 4. Comment: On Sheet 1 of 21, please provide an update vicinity map. Response: We have updated the vicinity map on the cover sheet. J5. Comment: On Sheet 2 of 21, correct the typo in general construction note 20, and list all approved waivers and modifications. Response: We have revised note 20 and added a note on sheet 2 of the plans detailing the waivers and modifications for the project. Comment: On Sheet 3 of 21, insert a street light a every corner, and a street sigryit every intersection. Response: We have added street lights to the sheets 3 and 4 of the plans. / 7. Comment: On Sheet 3 of 21, provide a lot typical diagram. Response: Sheet 18 of the plans shows a typical lot diagram. Dewberry & Davis LLC A. '/ 9 j 10 ✓11 'v 12 13 15 Comment: On Sheets 3 and 4 of 21, provide a boundary survey of all lots, parcels and rights of way showing bearings to the nearest minute and distances to the nearest one - hundredth (1/100) of a foot. Response: We have added bearings and distances to sheets 3 and 4 of the plans. Comment: On Sheets 3 and 4 of 21, include additional street lights near lots 20, 42, 49 and 68. Response: We have added street lights near lots 20, 49 and 68. Underground utility conflicts precluded the locating of a light near lot 42. Comment: On Sheets 3 and 4 of 21, provide a three foot utility (grass) strip between the street edge of the sidewalk and the face of curb along the western side of Brookland Lane cul-de-sac. Response: Through design plan discussions with VDOT the plans have been revised to now show revised sidewalk geometry along Brookland Lane. Comment: On Sheets 3 and 4 of 21, label each Street whether it is public or private, and label the width of the Worsham Terrace and Monticello Square. Response: We have labeled the private streets and dimensioned the roadway widths on sheets 3 and 4 of the plans. Comment: On Sheet 4 of 21, provide the location of the proposed pedestrian trail. Response: We have added the location of the pedestrian trail to the appropriate sheets as approved by the Planning Commission and identified in the waiver and modification approval note on sheet 2 of the plans. Comment: On Sheet 4 of 21, provide a stop sign for the private street as it enters the cul- de-sac. Response: We have added a stop sign to the entrance of Worsham Terrace on sheet 4 of the plans. Comment: On Sheet 17 of 21, provide an updated landscape plan, including notations of approved waivers/modifications. Response: We have revised the landscape plans to include sheet 17A. This sheet depicts the planting schemes and waivers/modifications as approved by the Planning Commission. Comment: On Sheet 17 of 21, provide additional shrubs for screening in front of parking bays. Locate all proposed trees on the overall landscape diagram. Response: We have revised sheet 17 to show screening in front of all parking bays directing headlights toward residential lots. We have not added shrubs to the three spaces belonging to the Single-family detached lot since those spaces are self contained on the private lot. Since the final site landscaping may varyfrom the planting locations „A Dewberry depicted on these plans we are indicating the minimum required planting materials for each individual quantity of attached town house units. These details are shown on sheet 17. 16. Comment: On Sheet 17 of 21, provide additional trees along Brookland Lane (1 tree per 40 linear feet). Response: We have not added additional trees along Brookland Lane since we have chosen the ornamental landscaping option for this subdivision. This project will be better served with foundation plantings around the various sticks of town homes, rather than a I tree per 40 if planting scheme. 17. Comment: On Sheet 18 of 21, include a three-foot utility strip on the curb & gutter and Sidewalk detail. Response: We have revised the details on sheet 18 in conjunction with planning and VDOT comments. We trust that the enclosed addresses all outstanding comments. Please call us if you have any questions. Thank you. Sincerely, David Frank, CLA Project Manager r: Dewberry COUNTY of FREDERIC 7. Department of Public Wo,- °:-- 540/ 665-56 FAX: 540/ 678-(Y?ri" Mr. David Frank Dewberry 611 West Jubal Early Drive, Building B, Suite C Winchester VA 22601 RE: Review Site Plan Comments - Brookland Manor Frederick County, Virginia Dear Mr. Frank Upon review of the revised subject site plan, we offer the following comments: l . On Sheet 6, the existing contours can not be distinguished. When duplicating the original plans, be certain that all copies are dark enough to discern. 2. On Sheet 6, indicate the proposed Bermuda grass lined channels with proposed grades extending all the way to the permanent water surface elevation of Abrams Creek at structures 20, 30, and 40. 3. Please include the Erosion & Sediment (E&S) Control Plans used in the approved Land Disturbance application for the revised Site Plan submission. Include an E&S plan sheet showing the final E&S phase which includes inlet protection and the majority of the paving and storm sewer completed. 4. Prior to site plan approval, a slope stability analysis for slopes greater than 3:1 shall be provided. 5. An engineered design of the proposed retaining wall containing a geotechnical investigation and a method to resist scour due to floodwaters shall be provided prior to the site plan approval. We will reserve our approval until receipt of the above revisions. Please highlight on the revised plans the changes listed above. Sincerely, Joe C. Wilder Deputy Director JCW/mlr cc: Mark Cheran, Zoning and Subdivision Administrator 107 North Kent Street • Winchester, Virginia 22601-5000 n 1 4 7 7? COUNTY of FREDERICU_ Department of Public Wore. 540/ 665-564€ FAX: 540/ 678-06 ` ,: March 12, 2007 Mr. David Frank Dewberry 611 West Jubal Early Dr. Building B Suite C Winchester, Virginia 22601 RE: Land Disturbance Permit Application - Brookland Manor Frederick County, Virginia Dear David: Upon review of the subject site grading plan, we offer the following comments: In order to obtain a Land Disturbance Permit, a formal application shall be submitted. Please refer to the Frederick County web site (www.co.frederick.va.us) for a complete application package and checklist. Once there, select the link to Engineering (under Frederick County Departments). Then select the link for Subdivisions and Commercial/Industrial Land Disturbance Permit. 2. Provide a copy of the wetland study, which is required prior to approval of a Land Disturbance Permit Application. 3. Please replace the word "denude" under "Critical Erosion Area" on sheet 5. According to Merriam - Webster the correct definitions for denude are to strip of all covering or surface layers, to lay bare by erosion, or to strip (land) of forests. Once these comments have been addressed, submit two (2) sets of the revised plan for further review. Please highlight on the revised plans the changes listed above. Please complete and submit the items listed above along with the two sets of the revised plans. Sincerely, I jti `e C. Wilder Deputy Director JCW/mlr cc: Mark Cheran, Zoning and Subdivision Administrator file R:Wrogram Files\WordPerfect Office X3\Rhonda\TEMPCOMMENTS\BROOKLANDMANOR.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 O O COUNT Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 22, 2007 Dewberry & Davis LLC Attention: George I. Staber, Jr. 611 W. Jubal Early Drive Winchester, VA 22601 RE: Brookland Manor; Subdivision Design Plan, I" Review Dear Mr. Staber: I have had the opportunity to review the Subdivision Design Plan (SDP) for Brookland Manor. Please address the following comments: 1. On Sheet 1 of 21, the tabulation tables do not match those of the MDP. Please revise. 2. On Sheet 1 of 21, please replace the signature block with one for the Zoning & Subdivision Administrator. Also, note that this is Subdivision Design Plan, not a Site Plan. Please make the appropriate corrections throughout the set. 3. On Sheet 1 of 21, provide a signature block for the owner or principals certifying ownership of the property. 4. On Sheet 1 of 21, provide an updated vicinity map. 5. On Sheet 2 of 21, correct the typo in general construction note 20, and list all approved waivers and modifications. 6. On Sheet 3 of 21, insert a street light at every corner, and a street sign at every intersection. 7. On Sheet 3 of 21, provide a lot typical diagram. 8. On Sheets 3 and 4 of 21, provide a boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to the nearest one -hundredth (1/100) of a foot. 9. On Sheets 3 and 4 of 21, include additional street lights near Lots 20, 42, 49, and 68. 10. On Sheets 3 and 4 of 21, provide a three foot utility (grass) strip between the street edge of the sidewalk and the curb face along the western side of Brookland Lane cul-de-sac. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 A Mr. Staber Re: Brookland Manor January 22, 2007 Page 2 11. On Sheets 3 and 4 of 21, label each street whether it is public or private, and label the width of the Worsham Terrace and Monticello Square. 12. On Sheet 4 of 21, provide the location of the proposed pedestrian trail. 13. On Sheet 4 of 21, provide a stop sign for the private street as it enters onto the cul-de-sac. 14. On Sheet 17 of 21, provide an updated landscape plan, including notations of approved waivers/modifications. 15. On Sheet 17 of 21, provide additional shrubs for screening in front of parking bays. Locate all proposed trees on the overall landscape diagram. 16. On Sheet 17 of 21, provide additional street trees along Brookland Lane (one tree per 40 linear feet). 17. On Sheet 18 of 21, include a three foot utility strip on the curb & gutter and sidewalk detail. The application seeking approval is denied until the Master Development Plan (MDP) for Brookland Manor is signed and the identified issues have been adequately addressed. Please address the above comments and resubmit. Review comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S, Frederick County Sanitation Authority, and the Virginia Department of Transportation. I have enclosed a marked copy of the plans to assist with the revisions. If you have any questions, please feel free to call, (540) 665-5651. Sincerely, Bernard S. Suchicital Planner I B S S/bad Attachment cc: Brookland Manor, LLC, 420 W. Jubal Early Dr., Winchester, VA 22601 ... 0 1 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 Mr. David Frank Dewberry 611 West Jubal Early Drive, Building B, Suite C Winchester VA 22601 RE: ReviewNan Comments - Brookland Manor Frederick County, Virginia Dear Mr. Frank Upon review of the subject site plan, we offer the following comments: Provide the Responsible Land Disturber signature block on the cover sheet. 2. Provide outlet protection computations for structures 10, 20, 30 and 40. See sheets 3 and 4. 3. The 100 - year flood plain boundary shown on sheet 4 is labeled as the FEMA flood plain, but is in actuality the flood plain limits as determined by Bowman Consulting in their flood plain study dated August 2004. Please revise the label accordingly. 4. Fill slopes steeper than 3:1 will require a slope stability analysis by a certified geotechnical engineer. A maintenance plan for these steep areas must also be in place prior to the approval of the site plan. See sheets 5 and 6. 5. On sheets 11 and 12, structures 10, 20, 30 and 40 appear to be discharging onto an area of fill with high velocities. According to MS 8, these areas will require additional stabilization to prevent erosion. The proposed channel lining must be continued to the permanent water surface elevation of the receiving stream or to the invert of an adequate receiving channel 6. Indicate on Sheet 13 where the cross section is taken. 7. Make installation of pipe and structures 10 through 12 part of the first phase of construction. Indicate this in an E&S sequence of construction on sheet 14. Due to the location of the proposed sediment traps in areas that will receive fill before reaching final grade, a two stage E&S Phase 1 plan will be required. The E&S phase 1 A plan could be identical to the current phase 1 plan. On the E&S Phase 1 B plan, indicate that the areas above the proposed sediment traps must be stabilized with temporary seeding before the traps can be removed and those areas be brought to final grade. Divert water from the stabilized site away from the fill operations being conducted in the former sediment trap areas. 107 North Kent Street • Winchester, Virginia 22601-5000 9. Provide appropriate notes regarding trenching practices in accordance with 4VAC50- 30-40 subsection 16 on sheet 14. 10. Provide a note requiring cleaning or removal of any sediment on public or private roadways on sheet 14. 11. Provide a note on sheet 14 requiring that all temporary controls be removed within 30-days once no longer needed; trapped sediment must be removed and stabilized. 12. Please revise the critical erosion area note on sheet 14. We are not concerned about water becoming "denuded" but want to prevent it from becoming sediment laden. The installation of the pipe at the existing SWM pond outfall should be conducted as part of the first phases of land disturbance. The silt fence for the pipe will not be necessary as long as the spoils from the trench are placed on the uphill side. Please add this information to the note and label this area on sheet 15 as a critical E & S control area. 13. Provide wetlands study as indicated in note 18 on sheet 2 and as referenced in the comment response to Ed Strawsnyder from David Frank dated May 10, 2006.Please indicate on sheet 19 that type - B grates will be required for all drop inlets located in areas accessible to the public. 14. Demonstrate that the closed storm sewer system will contain the ten (10)-year storm. Provide calculations and show ten (10)-year HGL in the storm sewer profiles. 15. The design for the proposed retaining wall (including calculations and details) must be submitted and approved prior to approval of the site plan. The retaining wall design shall include a geotechnical investigation and a means to resist scour due to floodwaters at the wall foundation. 16. Please be sure that the shaded back existing contours are legible on future submissions. We will reserve our approval until receipt of the above revisions. Please highlight on the revised plans the changes listed above. Sincerely, Joe C. Wilder Deputy Director JC W/mlr cc: Mark Cheran, Zoning and Subdivision Administrator file 2 2 F06 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY, VIRGINIA Applicant/Agent: Dewberry Attn: David Frank Address: 611 West Jubal Early Drive,BLdg. B, Suite C Winchester. VA 22601 Phone Number: 540-678-2700 Owner's Name: Brookland Manor LLC Address: 420 W. Jubal Early Drive Winchester. VA 22601 Please list names of all owners, principals, and/or majority stockholders: Contact Person: Dave Ho Phone Number: 540-667-2120 NAME OF SUBDIVISION: Brookland Manor Number of Lots: 68 Total Acreage: 8.85 AC Property Location: Brookland Lane 1700 LF South of Valley Hi 1 1/ Brookland Lane Intersert_inn (Give State Route # and name, distance and direction from intersection) Magisterial District: Red Bud District Property Identification Number (P.I.N.): TMS 5 (Parent Tract) Property zoning and present use: RP - Residential Adjoining property zoning and use: RP - Residential to North West & East Vacant to South Has a Master Development Plan been submitted for this project? X Yes No If yes, has the final MDP been approved by the Board of Supervisors? X Yes No What was the Master Development Plan title? Does the plat contain any changes from the approved MDP? X Yes No If yes, specify what changes: Asphalt trail in Lieu of Sidewalk not in Subdivision De Minimum Lot Size (smallest lot): 2000 SF Number and types of housing units in this development: 68 Town House Units I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature: Date: •21. 6G Transmittal Dewberry 611 West Juba] Early Dr. Bldg B Suite C, Winchester, VA 22601 Phone 540.678.2700 ❑ Atlanta, GA El Fairfax, VA ❑ Gaithersburg, MD ❑ Chicago, IL ❑ Leesburg, VA ❑ Baltimore, MD ❑ Fredericksburg, VA ❑ Lanham, MD 01-? 2 2 2006 Fax 540.678.2703 El Manassas, VA ❑ Winchester, VA To: Department of Planning 8t Development Date: 9/21/2006 Project No: 10008400 107 North Kent Street Project Name: Brookland Manor Site Development Plan Winchester, VA 22601 Reference: Carbon Copy: Attention: County Planner We Transmit: the following: for: ❑ as per your request ❑ prints ❑ your approval ❑ as requested by ❑ under separate cover ❑ specifications ❑ your review and comment ❑ by mail ❑ change order ❑ your file/use ❑ as approved by ❑ by messenger ❑ shop drawings ❑ revision and submission ❑ by pick up ❑ reproducibles ❑ distribution ❑ as submitted for approval by ❑ by overnight ❑ samples ❑ ❑ please acknowledge receipt of carrier ❑ product literature enclosures ❑ ❑ computations ❑ return enclosures to us descriptions Copies: Date: Number: Description: 2 9/21/2006 Construction Drawings 1 9/21/2006 Fee Check 1 9/21/2006 Application Comments: If enclosures are not as noted, please testify us at once Dewberry & Davis LLC is an equal opportunny employer and, as such, complies with Section of Executive Order 11246 as amended by Executive Order 11357. Transmittal # 4918 Sent by: DAVID FRANK 0 P P 2 2 2006 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Berni Mark Susan Eric Mike Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time): 2 U:\Pam\Common\Document Approval Form.wpd SUBDIVISION #15-06 BROORLAND MANOR Red Bud 68 LOTS 8.85 ACRES,