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HomeMy WebLinkAbout04-01 Copperfield Shawnee - Backfile (2)i Subdivision Checklist _ 1. Comment sheets from the following agencies, along with any ed copies of the plan: (Comment sheets not required if approved tLID s associated with this subdivision.) 417- LO( 41 Z 1 'Sanitation Autho • Health Department ons Department 6"-Wfarks & Recreation 01 Fire Marshal Or)A54k--C--ounty Engineer TRACKING SHEET Date .- 197- 0 Application received. 1010 _ Fee paid (amount: $ (� lVJT Information entered in d-BASE and Reference Manual Od • 2-j •0f leA given to Renee' to add to Application Action Summary Plat(s) signed by Sub&ision Administrator Approval letter to applicant/agent y 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 �1- ° t given to Renee' to update Application Action Summary Final plat(s) submitted with review agency signatures along with: Recorded deed of dedication Ozf 06 --') ' -'Bond estimate (if required) $ 0AOperatiom MamuaNl bdivisioahk Revised: 11/30/98 ,!5'1TE PLAN J R6CEI C� Date $ 1 r �02on 00 Z Received From -� .,€ dress � �, � . _ # h • , - —_— - _ - m-- --- :Dd► �s $ For `' f n X c • • v � � }_ ACCOUNT `^o. CASH q AMT. PAID CHECK �t .•;� 1 �'" tv."` BALANCE.,.. MONEY DUE ORDER �Y f HIS DEED OF DEDICATION, made and dated this day of June, 2001, by and between Oakcrest Properties, L.L.C., a Virginia limited liability company, party of the first part, hereinafter called the Declarant; and Frederick County, Virginia, party of the second part. WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that certain final plat drawn by P. Duane Brown, L.S., dated June 5, 2001, and signed June 6, 2001, entitled "Copperfield Section 2", which final plats are attached hereto and incorporated herein by reference as if set out in full. This is a portion of the property conveyed to the Declarant by that certain deed dated January 19, 2001 from Bowman Trucking Company, Inc. and Fred L. Glaize, III, of record in said clerk's office in Deed Book 010000568; and, WHEREAS, said real estate, as shown on the aforesaid attached final plats, has been subdivided into lots for the construction of townhouses thereon, and the hereinabove-referenced final plats show accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said subdivision to be used as open space, parking areas, sanitary sewer and water easements, utility, and ingress -egress easements, all of which shall constitute a portion of that development known as Copperfield Section 2, and which common areas shall be owned and/or maintained by the Copperfield Homeowners Association upon the terms and conditions set forth hereinafter; and WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Copperfield Section 2, the subdivision of said real estate is with the free consent and in accordance with the desires of the undersigned Declarant which further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION, WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the Declarant does hereby subdivide all of that certain tract or parcel of land designated as Copperfield Section 2, lying and being situate in Shawnee Magisterial District, in the County of Frederick, Virginia, and being more particularly described by that certain Final Plat of Copperfield, Section 2, drawn by P. Duane Brown, L. S., dated June 5, 2001, and signed June 6, 2001, containing Lots 30 through 57, inclusive, attached hereto and incorporated herein by reference as if set out in full. The Declarant does not dedicate any streets or parking areas in Section 2 as more particularly set forth on the attached plats of Copperfield, Section 2, to the County of Frederick, Virginia, for public use, but they are reserved for the common use and enjoyment of the homeowners in Copperfield Section 2. All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall 1 constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Copperfield Homeowners Association, Inc., a nonstock Virginia Corporation, its successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property described as common "open space", the streets and parking areas in Copperfield Section 2, and such additions thereto as may hereafter be brought within the jurisdiction of the company. Section 3. "Lot" shall mean and refer to any of the lots (Lots 30 through 57, inclusive, designated upon the final plats of Copperfield Section 2), with the exception of the open space and parking areas, defined as "Common Areas" hereinabove. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Copperfield Section 2, as shown on the hereinabove- referenced final plats, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Oakcrest Properties, L.L.C., a Virginia Limited liability company, its successors and assigns. ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any lot in Sections 1 or 2 of Copperfield, which is subject by covenants of record to assessments by the association, including contract sellers, shall be a member of the association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per lot. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment by the association. Ownership of such lot shall be the sole qualification for membership. 2 ARTICLE III VOTING RIGHTS Each Member of the association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any lot, all such persons shall be Members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast in respect to any lot. BOARD OF DIRECTORS The affairs of the association shall be managed by a board of not less than three (3), but no more than nine (9) directors, who must be members of the association. The initial board of directors shall be appointed by the association and serve until the first annual meeting following conveyance of the first lot in Copperfield to a grantee other than Oakcrest Properties L.L.C.; thereafter, the board of directors shall be elected by the membership as determined in the Bylaws of the association. TREASURER The board of directors shall decide whether or not the treasurer of the association shall be bonded with surety; and if so, the expense of such fidelity bond for the treasurer shall be borne by the association. ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the "Common Areas," specifically including but not limited to the rights of ingress and egress across the aforesaid "Common Areas" and such easement shall be appurtenant to and shall pass with the title to every assessed lot, subject to the following provisions: (a): The rights of the association, in accordance with its Articles and bylaws, to borrow money for the purpose of improving the aforesaid "Common Areas". The association is further empowered, with the consent of at least two-thirds (2/3) of the members, to mortgage the area in said Subdivision designated as "Common Areas " to secure any such borrowed funds, but such mortgage shall be subordinate to the rights of the Homeowners hereunder. In computing the required vote of the members in connection with any such mortgage of the "Common Areas", the lots owned shall be given notice of any such proposed mortgage of said "Common Areas" as set forth in Paragraph (c), infra. (b) The rights of the association to suspend the voting rights and the right to the use of the "Common Areas" by a member for any period during which any assessment against his lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. 3 (c) The rights of the association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The Declarant, or such other entity as is invested with title at the time of conveyance, hereby covenants that fee simple title to the common open space and parking areas (referred to hereinabove as "Common Areas") will be conveyed to the association free and clear of all liens and encumbrances prior to the conveyance of the first lot in Copperfield Section 2 to a grantee other than Oakcrest Properties, L.L.C. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each lot owned, hereby covenants, and each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay the association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected for time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the owner of such property at the time of the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. Purpose of Assessments: The assessments levied by the association shall be used exclusively for the following purposes, to - wit: improvements and maintenance of the "Common Areas", specifically including, but not limited to, payment of any real estate taxes, repairs and removal of snow from association -owned and maintained parking areas and streets within said subdivision, maintenance and repair of any drainage and detention facilities, maintenance of street lights and payment of all utility charges therefore, maintenance and repair of utility and drainage easements; maintenance, services and facilities devoted to 4 the aforesaid purposes (including but not limited to maintenance of the private water lines) and expenses related to the use of and enjoyment of the "Common Areas"; and further, for the purpose of promoting the recreation, health, safety and welfare of the residents in the "Common Areas" of Copperfield Section 2. Section 3. Basis and Maximum Annual Assessments: Until January 1 of the year immediately following the conveyance of the first lot to an owner (until January 1 of the year immediately following the conveyance of the first lot to an owner other than a conveyancer of said lots to Oakcrest Properties, L.L.C. by Declarant) the maximum annual assessment shall be $440.00 per lot for all Lots 30-57 inclusive. (a) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment per lot may be increased above that set forth hereinabove by a vote of the members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of 2/3 of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days or more than 60 days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the association is authorized to participate under its Articles of Incorporation. The maximum annual assessment hereunder shall be subject to the limitations set fourth in paragraph (c) infra. (b) After consideration of current maintenance costs and future needs of the association, the board of directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the "Common Areas", specifically including but limited to maintenance, repair and improvement of any association -owned parking areas and street within said subdivision, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of 2/3 of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authorized Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast 67% of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be 1/2 of the 5 required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. Date of Commencement of Annual Assessments - Due Date: The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the first lot to a grantee other than Oakcrest Properties L.L.C. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The board of directors shall fix the amount of the annual assessment against each lot at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the board of directors. The association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the association, setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the association may bring an action at law against the owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose said lien against property, and interest, costs and reasonable attorney's fees on any such action shall be added. to the amount of such assessment. If the assessments remain delinquent for 60 days or more, in addition to the remedies stated above, the association may cut off the water supply to the property and impose a fee to turn the water on when the assessments are paid.. This fee shall be set by the Board of Directors. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his lot. Section 8. Subordination of the Lien to Mortgages: The lien of the assessments provided herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any lot. Sale or transfer of any lot shall not effect the assessment lien. However, the sale or transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) Any property owned by the association; (b) All properties dedicated to and accepted by a local public authority; (c) Any and all lots owned by Declarant, its successors or assigns (specifically including the intended Grantee of said lots, Oakcrest Properties L.L.C.) for which a final Certificate of Occupancy has not been issued by the County of Frederick, C Virginia or such other agency having jurisdiction thereof; and (d) All properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 10. Failure to Maintain "Common Areas": In the event that the association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the County of Frederick Zoning Ordinance. The County of Frederick Zoning Ordinance and any and all amendments thereto is by this reference made a part hereof as if set out in full. Section 11. Dissolution of the Association: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created or for general welfare of the residents of Copperfield. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the members of the association as tenants in common. ARTICLE VI RESTRICTIVE COVENANTS The lots in Copperfield (Lots 30 through 57, inclusive) shall be subject to the following restrictions, which are constituted covenants real to run with the land. 1. All lots shall be used for single-family residential purposes only. No townhouse may be modified to provide for a garage thereto after such townhouse has been erected. 2. No profession or home occupation shall be conducted in or on any part of a lot; provided, however, that Declarant, its successors and assigns (specifically including its intended Grantee, Oakcrest Properties, L.L.C.) reserves the right to use one or more of said lots or a portion of the "Common Areas" for business purposes in connection with the development, sales and operation of said townhouse subdivision. 3. No signs or advertising of any nature shall be erected or maintained on any lot except "For Sale" signs for said lot which signs shall not exceed five (5) square feet in area, or signs used by the Declarant (and its intended grantee, Oakcrest Properties, L.L.C.) to advertise the property during construction and sale. No "For Rent" signs shall be allowed on any lot. 4. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks, or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and % ton (or less) vans) shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. Ownership of each lot shall entitle the owner thereof to the use of not more than two (2) vehicular parking spaces which shall be as near and convenient to said lot as reasonably possible, together with the right of ingress and egress upon said Parking Area. S. No vehicles shall be parked in an area other than the parking lots constructed by Declarant in Copperfield Section 2. No motorized vehicles of any kind shall be permitted upon any areas within said subdivision except for the streets and parking areas constructed by Declarant. No right of vehicular access shall exist across any lot in said subdivision except for those areas upon which streets or parking areas have been constructed by Declarant. 6. No animals of any kind (including livestock and poultry) shall be permitted on any lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in ' unusual numbers: and further, provided that no dogs shall be permitted to run at large without restraint in said subdivision. No dog may be tied and left unattended outdoors. Further, no doghouses or other structures housing any animal shall be allowed on any lot whatsoever unless the lot is improved by a privacy fence. 7. There shall be no fencing or hedges in the front of any of the townhouse units and all fencing to the rear of the townhouse units shall be attached to the individual unit, and be of one inch by six inch pressure -treated lumber on both sides of a board -on -board fence not higher than six feet; and provided further, that there must be a gate at the rear to allow access to the back yard. No fence shall be constructed until the board of directors of the association shall have approved the same. 8. No noxious of offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 9. In the event that a dwelling is destroyed, the owner of the dwelling within thirty (30) days from said destruction, shall clear away the portion of the dwelling unit and maintain the lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 10. Each owner shall keep all lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an owner of any lot in Copperfield Section 2, shall fail to maintain the premises and the improvements situated thereon as provided herein, the association, after notice to the owner as provided in the Bylaws and approval by two thirds (2/3) vote of the board of directors, shall have the right to enter upon said lot to correct drainage and to repair, maintain and restore the lot and the exterior of the building erected thereon. All cost related to such correction, repair or restoration shall become a special assessment upon such lot. 8 11. The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one of the owners. If a party wall is destroyed or damaged by fire or other casualty, any owner who has use of the wall may restore it and if the other owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the owners under any rule of law regarding liability for negligence or for willful acts or omissions. 12. Notwithstanding any other provision of this Article, an owner by his negligence or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any owner to contribution from any other owner under this Article shall be appurtenance to the land and shall pass to such owner's successor in title. 13. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incubators or other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the date of garbage pickup. 14. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical and telephone wires. 15. No baby carriages, bicycles or other articles of personal property shall be deposited, allowed or permitted to remain outside of any townhome except in the enclosed rear area. The association shall specifically have authority to impound all such articles to remain outside in violation of this provision and to make a charge for the safekeeping and return thereof. 16. No exterior clothesline, or hanging device shall be allowed upon any unit, except for an umbrella -type one with a diameter not exceeding seven (7) feet, provided same is located in the rear of the unit. No clothes, or other washing, shall be dried outside except during the hours from 7:00 a.m. to 7:00 p.m. 17. The color of the paint on the exterior of every building on each lot shall be the same as the original color unless approved in writing by the Copperfield Homeowners Association. 18. No building, structure, addition or exterior alteration (including basketball backboards, rims and nets) or improvements of any character shall be constructed upon any lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Copperfield Homeowners Association as being in 9 harmony with the whole subdivision, especially the adjoining townhouse unit. 19. If in the construction of any dwelling by Declarant there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant lot. 20. No lot upon which a townhouse has been constructed shall be further subdivided or separated into smaller lots by any owner and no portion less than all of such lot, nor any easement or other interest herein, shall be conveyed or transferred by an owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. 21. All of the covenants and restrictions ' herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additionally successive ten (10) year periods unless the owners of a majority of lots in Copperfield Section 2, shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 22. The invalidation of any one of the covenants or restrictions contained herein by judgement or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Declarant herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. The Declarant reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, and restrictions as to the sale or transfer of any future lot or lots except that it cannot change the provisions concerning open space easements without the permission of Frederick County and except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions, and conditions upon any other lots. The Declarant does further reserve the right for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions as to the sale and transfer of any future lot or lots and such imposition shall not affect the binding effect of these provisions upon any other lots. ARTICLE VII EASEMENTS Section 1. Public Utility and Drainage Easements: The property dedicated hereby is subject to those certain easements or rights of way designated as Drainage Easements, Gas Easements and Utility Easements on the aforesaid plat of Copperfield Section 2. The Declarant does hereby grant and convey unto the County of Frederick, Virginia, or other agency having jurisdiction thereof, a perpetual right of way or easement for the maintenance facility designated on the aforesaid plat as 10 Water Easements, Sanitary Sewer Easements, Gas Easements and Utility Easements. Section 2. Reservations: (a) The Declarant reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water and television lines and related equipment, and other utility equipment where such utility lines and equipment are located within the easements set forth on the final plats of Copperfield Section 2, and other "Common Areas," as needed, provided that such easements shall not interfere with the use and enjoyment of the "Common Areas." (b) The Declarant further reserves unto itself, its successors or assigns, for a period of five (5) years from the date of conveyance of the first lot in Copperfield Section 2, a blanket easement and right on, over and under the ground within said subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes, or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the Declarant shall restore the affected property to its original condition as near as practical. The Declarant shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the Declarant an emergency exists which precludes such notice. Reservation by Declarant of such blanket easement and rights contained herein shall not, in any way, obligate Declarant to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Declarant therefore. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement: The association, its successors or assigns, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the association, its successors or assigns, or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the association, its successors or assigns, or any owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the association, or the owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifteen (15) years from the 11 date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years, as described under Article VI, Restriction No. 21, supra. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than seventy-five percent (75%) of the lot owners (excluding the Declarant.) Any amendment must be properly recorded. Section 3. Dissolution: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created. In the event such dedication is refused acceptance, such assets shall be granted, conveyed or assigned to any non-profit organization, for similar purposes. The dedication and subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned Declarant of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia, or other agency having jurisdiction thereof. The designated "Common Areas" are not dedicated hereby for use by the general public but are dedicated to the common use and enjoyment of the homeowners in Copperfield Section 2, as provided hereinabove. WITNESS the following signature and seal: James T. Vickers, Managing Member Oakcrest Properties, L.L.C. STATE OF VIRGINIA City of Winchester, to -wit: Acknowledged before me this Q � day of , 2001, by James T. Vickers, who is the managing mem er of Oakcrest Properties, L.L.C., on behalf of the company. My commission expires: L)Az- . J 1, Jooi 61- Notary Oblic 12 r 010008968 HIS DEED OF DEDICATION, made and dated this Vf day of June, 2001, by and between Oakcrest Properties, L.L.C., a Virginia limited liability company, party of the first part, hereinafter called the Declarant; and Frederick County, Virginia, party of the second part. WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that certain final plat drawn by P. Duane Brown, L.S., dated June 5, 2001, and signed June 6, 2001, entitled "Copperfield Section 2", which final plats are attached hereto and incorporated herein by reference as if set out in full. This is a portion of the property conveyed to the Declarant by that certain deed dated January 19, 2001 from Bowman Trucking Company, Inc. and Fred L. Glaize, III, of record in said clerk's office in Deed Book 010000568; and, WHEREAS, said real estate, as shown on the aforesaid attached final plats, has been subdivided into lots for the construction of townhouses thereon, and the hereinabove-referenced final plats show accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said subdivision to be used as open space, parking areas, sanitary sewer and water easements, utility, and ingress -egress easements, all of which shall constitute a portion of that development known as Copperfield Section 2, and which common areas shall be owned and/or maintained by the Copperfield Homeowners Association upon the terms and conditions set forth hereinafter; and WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Copperfield Section 2, the subdivision of said real estate is with the free consent and in accordance with the desires of the undersigned Declarant which further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. V. I NOW, THEREFORE, THIS DEED OF DEDICATION, WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the Declarant does hereby subdivide all of that certain tract or parcel of land designated as Copperfield Section 2, lying and being situate in Shawnee Magisterial District, in the County of Frederick, Virginia, and being more particularly described by that certain Final Plat of Copperfield, Section 2, drawn by P. Duane Brown, L. S., dated June 5, 2001, and signed June 6, 2001, containing Lots 30 through 57, inclusive, attached hereto and incorporated herein by reference as if set out in full. The Declarant does not dedicate any streets or parking areas in Section 2 as more particularly set forth on the attached plats of Copperfield, Section 2, to the County of Frederick, Virginia, for public use, but they are reserved for the common use and enjoyment of the homeowners in Copperfield Section 2. All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Copperfield Homeowners Association, Inc., a nonstock Virginia Corporation, its successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property described as common "open space", the streets and parking areas in Copperfield Section 2, and such additions thereto as may hereafter be brought within the jurisdiction of the company. Section 3. "Lot" shall mean and refer to any of the lots (Lots 30 through 57, inclusive, designated upon the final plats of Copperfield Section 2), with the exception of the open space and parking areas, defined as "Common Areas" hereinabove. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Copperfield Section 2, as shown on the hereinabove-referenced final plats, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Oakcrest Properties, L.L.C., a Virginia Limited liability company, its successors and assigns. ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any lot in Sections 1 or 2 of Copperfield, which is subject by covenants of record to assessments by the association, including contract sellers, shall be a member of the association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per lot. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment by the association. Ownership of such lot shall be the sole qualification for membership. 2 ARTICLE III VOTING RIGHTS Each Member of the association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any lot, all such persons shall be Members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast in respect to any lot. BOARD OF DIRECTORS The affairs of the association shall be managed by a board of not less than three (3), but no more than nine (9) directors, who must be members of the association. The initial board of directors shall be appointed by the association and serve until the first annual meeting following conveyance of the first lot in Copperfield to a grantee other than Oakcrest Properties L.L.C.; thereafter, the board of directors shall be elected by the membership as determined in the Bylaws of the association. TREASURER The board of directors shall decide whether or not the treasurer of the association shall be bonded with surety; and if so, the expense of such fidelity bond for the treasurer shall be borne by the association. ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enioyment: Every Member shall have a right and easement of enjoyment in and to the "Common Areas," specifically including but not limited to the rights of ingress and egress across the aforesaid "Common Areas" and such easement shall be appurtenant to and shall pass with the title to every assessed lot, subject to the following provisions: (a): The rights of the association, in accordance with its Articles and bylaws, to borrow money for the purpose of improving the aforesaid "Common Areas". The association is further empowered, with the consent of at least two-thirds (2/3) of the members, to mortgage the area in said Subdivision designated as "Common Areas " to secure any such borrowed funds, but such mortgage shall be subordinate to the rights of the Homeowners hereunder. In computing the required vote of the members in connection with any such mortgage of the "Common Areas", the lots owned shall be given notice of any such proposed mortgage of said "Common Areas" as set forth in Paragraph (c), infra. (b) The rights of the association to suspend the voting rights and the right to the use of the "Common Areas" by a member for any period during which any assessment against his lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. 3 (c) The rights of the association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The Declarant, or such other entity as is invested with title at the time of conveyance, hereby covenants that fee simple title to the common open space and parking areas (referred to hereinabove as "Common Areas") will be conveyed to the association free and clear of all liens and encumbrances prior to the conveyance of the first lot in Copperfield Section 2 to a grantee other than Oakcrest Properties, L.L.C. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each lot owned, hereby covenants, and each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay the association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected for time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the owner of such property at the time of the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. Purpose of Assessments: The assessments levied by the association shall be used exclusively for the following purposes, to - wit: improvements and maintenance of the "Common Areas", specifically including, but not limited to, payment of any real estate taxes, repairs and removal of snow from association -owned and maintained parking areas and streets within said subdivision, maintenance and repair of any drainage and detention facilities, maintenance of street lights and payment of all utility charges therefore, maintenance and repair of utility and drainage easements; maintenance, services and facilities devoted to 4 the aforesaid purposes (including but not limited to maintenance of the private water lines) and expenses related to the use of and enjoyment of the "Common Areas"; and further, for the purpose of promoting the recreation, health, safety and welfare of the residents in the "Common Areas" of Copperfield Section 2. Section 3. Basis and Maximum Annual Assessments: Until January 1 of the year immediately following the conveyance of the first lot to an owner (until January 1 of the year immediately following the conveyance of the first lot to an owner other than a conveyancer of said lots to Oakcrest Properties, L.L.C. by Declarant) the maximum annual assessment shall be $540.00 per lot for all Lots 30-57 inclusive. (a) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment per lot may be increased above that set forth hereinabove by a vote of the members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of 2/3 of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days or more than 60 days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the association is authorized to participate under its Articles of Incorporation. The maximum annual assessment hereunder shall be subject to the limitations set fourth in paragraph (c) infra. (b) After consideration of current maintenance costs and future needs of the association, the board of directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the "Common Areas", specifically including but limited to maintenance, repair and improvement of any association -owned parking areas and street within said subdivision, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of 2/3 of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authorized Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast 67% of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be 1/2 of the 5 required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. Date of Commencement of Annual Assessments Due Date: The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the first lot to a grantee other than Oakcrest Properties L.L.C. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The board of directors shall fix the amount of the annual assessment against each lot at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the board of directors. The association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the association, setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the association may bring an action at law against the owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose said lien against property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. If the assessments remain delinquent for 60 days or more, in addition to the remedies stated above, the association may cut off the water supply to the property and impose a fee to turn the water on when the assessments are paid. This fee shall be set by the Board of Directors. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his lot. Section 8. Subordination of the Lien to Mortgages: The lien of the assessments provided herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any lot. Sale or transfer of any lot shall not effect the assessment lien. However, the sale or transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) Any property owned by the association; (b) All properties dedicated to and accepted by a local public authority; (c) Any and all lots owned by Declarant, its successors or assigns (specifically including the intended Grantee of said lots, Oakcrest Properties L.L.C.) for which a final Certificate of Occupancy has not been issued by the County of Frederick, 6 W Virginia or such other agency having jurisdiction thereof; and (d) All properties owned by a charitable or non-profit organization exempt from U t taxation by the laws of the State of Virginia. However, no residence 47- occupied as a dwelling shall be exempt from these assessments. Section 10. Failure to Maintain "Common Areas": In the event that the association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the County of Frederick Zoning Ordinance. The County of Frederick Zoning Ordinance and any and all amendments thereto is by this reference made a part hereof as if set out in full. Section 11. Dissolution of the Association: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created or for general welfare of the residents of Copperfield. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the members of the association as tenants in common. ARTICLE VI RESTRICTIVE COVENANTS The lots in Copperfield (Lots 30 through 57, inclusive) shall be subject to the following restrictions, which are constituted covenants real to run with the land. 1. All lots shall be used for single-family residential purposes only. No townhouse may be modified to provide for a garage thereto after such townhouse has been erected. 2. No profession or home occupation shall be conducted in or on any part of a lot; provided, however, that Declarant, its successors and assigns (specifically including its intended Grantee, Oakcrest Properties, L.L.C.) reserves the right to use one or more of said lots or a portion of the "Common Areas" for business purposes in connection with the development, sales and operation of said townhouse subdivision. 3. No signs or advertising of any nature shall be erected or maintained on any lot except "For Sale" signs for said lot which signs shall not exceed five (5) square feet in area, or signs used by the Declarant (and its intended grantee, Oakcrest Properties, L.L.C.) to advertise the property during construction and sale. No "For Rent" signs shall be allowed on any lot. 4. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks, or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. Ownership of each lot shall entitle the owner thereof to the use of not more than two (2) vehicular parking spaces which shall be as near and convenient to said lot as reasonably possible, together with the right of ingress and egress upon said Parking Area. 5. No vehicles shall be parked in an area other than the parking lots constructed by Declarant in Copperfield Section 2. No motorized vehicles of any kind shall be permitted upon any areas within said subdivision except for the streets and parking areas constructed by Declarant. No right of vehicular access shall exist across any lot in said subdivision except for those areas upon which streets or parking areas have been constructed by Declarant. 6. No animals of any kind (including livestock and poultry) shall be permitted on any lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers: and further, provided that no dogs shall be permitted to run at large without restraint in said subdivision. No dog may be tied and left unattended outdoors. Further, no doghouses or other structures housing any animal shall be allowed on any lot whatsoever unless the lot is improved by a privacy fence. 7. There shall be no fencing or hedges in the front of any of the townhouse units and all fencing to the rear of the townhouse units shall be attached to the individual unit, and be of one inch by six inch pressure -treated lumber on both sides of a board -on -board fence not higher than six feet; and provided further, that there must be'a gate at the rear to allow access to the back yard. No fence shall be constructed until the board of directors of the association shall have approved the same. 8. No noxious of offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 9. In the event that a dwelling is destroyed, the owner of the dwelling within thirty (30) days from said destruction, shall clear away the portion of the dwelling unit and maintain the lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 10. Each owner shall keep all lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an owner of any lot in Copperiield Section 2, shall fail to maintain the premises and the improvements situated thereon as provided herein, the association, after notice to the owner as provided in the Bylaws and approval by two thirds (2/3) vote of the board of directors, shall have the right to enter upon said lot to correct drainage and to repair, maintain and restore the lot and the exterior of the building erected thereon. All cost related to such correction, repair or restoration shall become a special assessment upon such lot. 8 11. The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one of the owners. If a party wall is destroyed or damaged by fire or other casualty, any owner who has use of the wall may restore it and if the other owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the owners under any rule of law regarding liability for negligence or for willful acts or omissions. 12. Notwithstanding any other provision of this Article, an owner by his negligence or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any owner to contribution from any other owner under this Article shall be appurtenance to the land and shall pass to such owner's successor in title. 13. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incubators or other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the date of garbage pickup. 14. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical and telephone wires. 15. No baby carriages, bicycles or other articles of personal property shall be deposited, allowed or permitted to remain outside of any townhome except in the enclosed rear area. The association shall specifically have authority to impound all such articles to remain outside in violation of this provision and to make a charge for the safekeeping and return thereof. 16. No exterior clothesline, or hanging device shall be allowed upon any unit, except for an umbrella -type one with a diameter not exceeding seven (7) feet, provided same is located in the rear of the unit. No clothes, or other washing, shall be dried outside except during the hours from 7:00 a.m. to 7:00 p.m. 17. The color of the paint on the exterior of every building on each lot shall be the same as the original color unless approved in writing by the Copperfield Homeowners Association. 18. No building, structure, addition or exterior alteration (including basketball backboards, rims and nets) or improvements of any character shall be constructed upon any lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Copperfield Homeowners Association as being in 9 CD CD harmony with the whole subdivision, especially the adjoining townhouse unit. 19. If in the construction of any dwelling by Declarant there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant lot. 20. No lot upon which a townhouse has been constructed shall be further subdivided or separated into smaller lots by any owner and no portion less than all of such lot, nor any easement or other interest herein, shall be conveyed or transferred by an owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. 21. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additionally successive ten (10) year periods unless the owners of a majority of lots in Copperfield Section 2, shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 22. The invalidation of any one of the covenants or restrictions contained herein by judgement or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Declarant herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. The Declarant reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, and restrictions as to the sale or transfer of any future lot or lots except that it cannot change the provisions concerning open space easements without the permission of Frederick County and except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions, and conditions upon any other lots. The Declarant does further reserve the right for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions as to the sale and transfer of any future lot or lots and such imposition shall not affect the binding effect of these provisions upon any other lots. ARTICLE VII EASEMENTS Section 1. Public Utility and Drainage Easements: The property dedicated hereby is subject to those certain easements or rights of way designated as Drainage Easements, Gas Easements and Utility Easements on the aforesaid plat of Copperfield Section 2. The Declarant does hereby grant and convey unto the County of Frederick, Virginia, or other agency having jurisdiction thereof, a perpetual right of way or easement for the maintenance facility designated on the aforesaid plat as 10 Water Easements, Sanitary Sewer Easements, Gas Easements and Utility Easements. Section 2. Reservations: (a) The Declarant reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water and television lines and related equipment, and other utility equipment where such utility lines and equipment are located within the easements set forth on the final plats of Copperfield Section 2, and other "Common Areas," as needed, provided that such easements shall not interfere with the use and enjoyment of the "Common Areas." (b) The Declarant further reserves unto itself, its successors or assigns, for a period of five (5) years from the date of conveyance of the first lot in Copperfield Section 2, a blanket easement and right on, over and under the ground within said subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes, or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the Declarant shall restore the affected property to its original condition as near as practical. The Declarant shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the Declarant an emergency exists which precludes such notice. Reservation by Declarant of such blanket easement and rights contained herein shall not, in any way, obligate Declarant to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Declarant therefore. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement: The association, its successors or assigns, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the association, its successors or assigns, or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the association, its successors or assigns, or any owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the association, or the owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifteen (15) years from the 11 date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years, as described under Article VI, Restriction No. 21, supra. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than seventy-five percent (75%) of the lot owners (excluding the Declarant.) Any amendment must be properly recorded. Section 3. Dissolution: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created. In the event such dedication is refused acceptance, such assets shall be granted, conveyed or assigned to any non-profit organization, for similar purposes. The dedication and subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned Declarant of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia, or other agency having jurisdiction thereof. The designated "Common Areas" are not dedicated hereby for use by the general public but are dedicated to the common use and enjoyment of the homeowners in Copperfield Section 2, as provided hereinabove. WITNESS the following signature and seal: James T. Vickers, Managing Member Oakcrest Properties, L.L.C. STATE OF VIRGINIA City of Winchester, to -wit: Acknowledged before me this �.Q ( day of , 2001, by James T. Vickers, who is the managing memlier of Oakcrest Properties, L.L.C., on behalf of the company. My commission expires: J I, .Jool Notary blic f 12 �♦ • III � , jI ,_. mm I LW eV :/ W. 9/ / /. it / ------------ OMER S CONSEN AS APPEARS IN 7HE A w /MPAN)ING Pl.A M Is w7H 7HE FREE caysovr Amp IN A CCORDANOE BY ,jOe44.�✓ I� / . PUBLICNO TAR Y / L i aTY1WUVJ / Fowwm NsmumDvrw / a/ ram/ BDrO?E ME aY 6. / By SURWY/ • "s -w/ m 7v oAKoirsr PRaconia"/ BomAN 7RucANG/ / FRED L aAZZDEW DA 7EV ANVARY 19, 2001,'SAID DEED RECaWM OFRCE OF NE am oF 7HE aRcurr w/ - / "a/aiw /uNM' WGNIA AS INs7AvmDvr/ //// of sum wva • COPPERRELD ' 1 �- • MAGIVERIAL DISMICTGo FREDERICK COUNTY,-r i A i .' i 2514 ��OF 6NORTH . ,. STREET f1MARSH ...:. CD CD LK BEM811t' DISTANCE . u S 007T06' W 131V L2 S &TW5r W 2917Y L3 N onsor W 20.00' L4 I N MW E 275.8r L5 N 007rOr E 115.70' L6 S 7774'49' E 176.92' U N &TW5r E 15LW LB S 71'S W E 48.34' L9 S 07750Y E 47.79 L10 S 48'S0'10' W 91.23' L11 N 48'50'10' E lo&glr L12 N 0775'Of W 24.4 L13 N 715556' W 31.45' L14 S 8YW570 W 85.501 L15 N 77"24!41r W 17&45' L16 N & 56'5r E X00' L17 S 06'03'03' E 35.1 L18 s 83'56' W.. 20A0' AREA SUMAIARr AREA /N LOTS N L45M ACRES AREA /N R/W DED/CA7TON - a2106 ACRES AREA /N PARKING N a5340 ACRES AREA /N O DV VA' x N a9195 ACRES TOTAL AREA SaUBDiIWEED N 31161 ACRES NUMBB? OF LOTS N 28 AWMGE LOT SIZE N 2259 SO FT SMALLEST LOT -q2r 2000 so FT THE PROFV?TY REPRESS V7M HD WAf IS SHOWN ON FRE17MC1C COUNTY TAX MAP 54-2 AS PARCEL 4. /RAN RODS ARE TO BE' SET A TALL C0RNE7?S NOT PRE'NQUSL Y AIANUMoma. M!N/MUM SMf ff REQU/RS/E71/M DaS7TNG ZONING RP MIN/MUM FRONT SETBACK - 20' FfiM PARKING AREA E71I/S7/NG USE: vACANT MINIMUM BLDa SEPARA77ON - 30' WE PROPOSED USE r0NNHOI/SES - 50' FRONT AND REAR PMMEM? BOUNDARY SETBACK - 35' FRA1/ STATE ROAD R/W s 50' REAR IRF DENOTES IRaV ROD FOUND ALL PRAP07TY OWNERS /N C0PPDW9ELD ARE REWNED TO aELANG TO THE G1GiF D?R7ELD HONE OWNERS ASSOCIA77ON. 7HE ASSOCIA77AN IS 7HE ONND? OF ALL OPEN &*ACE AND PARKING AREAS AND /S RESPW90 LE FOR 7H£ MA/N0VANCE OF THOSE AREAS ALL PROPERTY OW#ID?S MUST PA Y AN ANNUAL ASSLESSi DVT FOR THIS MAINTENANCE THIS FEE AND ALL 07HD7? RULES OF 7HE ASSOCIA77AN ARE SET FORTY /N THE RES7R/C770NS AND COW9VAN7S ATTACHED HE7?E7t7. RNA PLA T OP suia wsYav COPPERF/ELD SECTION 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DA TE.• XNE 5, 2001 pyTH OF y� P. Duane Brown No. 001285 Ju CQ, Zodl 44XD suuvs�10 4 MARSH & LEGGE RC �� 22601 Land Surveyors, P.L.C. PHONE (5 0) 667-0489 PATRICIA M. PREVOST DB 735 PG 738 PIN 548-2-3-188 ZONED: RP USE: RESIDENTIAL BROOKLAND HEIGHTS HOMEOWNERS ASSOC., INC. DB 742 PG 186 PIN 5413-2-3-244A ZONED: RP USE: OPEN SPACE 0 BROOKLAND HEIGHTS HOMEOWNERS ASSOC., INC. DB 742 PG 186 PIN 5413-2-11013 ZONED: RP USE: OPEN SPACE f 1 f � I ,o' Ex/sr G } T/ON 1 _ -- - --,--------- ----- ti il 11*4 ltllll�t� SHEET 4 v LOT iv4or it SHE1E T 5 ___- r r i I ' ICHARD B• AND R I L. LOY IZ ' A►dNABELIF DB 377 PG 673 I PIN 54-2-5 ZONED: RP USE: RESIDENTIAL RNA AA T 0 F SUBDI WS✓ON COPPERF/ELD SEC77ON 2 ShIAWNEE MAGYSTER/AL D/STR/CT FREDER/CK COZINTY, NRGYN/A DA TE.• XNE 5, 2001 0 OPEN 100 0 100 200 SCALE: 1 " = 100' TH OF ci P. Duane Brown No. 001285 J�snt Gi,2e�/ l9ND sugv��o¢ MARSH & LEGGE W=ftSMW Land Surveyor's, P.L.C. p$ FAX NE J j 667-0469 SECT/0N aqqV 330.0' -1 85 AC) I N 83565T E 114.50' I ,27.25' 5' SETBA j � p N ' I $ Iw2 M 44 N� I L3 I v 1 O L16 0 sa L18 d I ,27.25' n o 1 Ll h h I h I h I c� 2 1 h i h h I N I ti �► I �i I � I �i I� � �1 �i I �i I �ii 9v t AH AH vQ 2 v 2 �� v t �w 2 H Opv 2 pv 2 H OH IR s$;Ff $� Is ! ! g! ! it ! fs �-1--fit � fi � �1�•.� gt� -�--1-��t 27.25' 7" W 114,50' S 8.35637- W — — — — L4 ---- SANITARY SEWER EASEMENT) C OPPE WjW LAME ` fHT N 83WV- £ 1.�F.50:,_ N 8.3W65T fr? to Z h h h h h h h • Qf I - _I --o �- -1 1--- -h �IzZii I I� He gH $H gH $H g $ I l - .1 - N, 1 m I I I I I I• I I I 27.25,MOO 2a00 2a00 2a00 27.25' 21.50' 27..25_' 12a& IRF 30.00' -- -- S 8.356'Sr W__—`— N/F RICHARD B. AND 40 0 40 80 ANNABELLE L LOY DB 377 PG 673 PIN 54=2-5 SCALE: 1 " = 40' ZONED: RP USE: RESIDENTIAL RNAL PLAT OFF SUBDI V 9CVV COPPERFIELD SEC77'ON 2 SHAWMEE MAGYSOWAL D/STR/CT FREDERICK COUNTY, WROVIA DA TF vVNE 5, 2001 S 8.356 5rW S 8356'S7" W � TH OF D o jar 4 P. Duane Brown No. 001285 June, Go,2oo[ l��D svgv��o4 MARSH & LEGGE, WWC VMMSTREET LandLand Surveyors, P. L. C.P. L. CoC. F,�X (5 0) 667-0 I I y 20 JI r 2Q010 27.25. a 114.50' ' 20' SANITARY SEWER EASEMENT' C------J L7 _ 20' DRAINAGE EASEMENT• H 21z QN d 28 E O f 1 29 ti 6�� E 1 O 4 N pr,p .�. h 5.84 �-c' `� ,m o 0 1Gi2gp' N m a Q 4 N 'fr.i1 Z&VLwR z leav Dray ., $0" I� 3 r.34 .zev ' ICR I [Or N . ~ � SAM N M32r 1 SPACE 1.34 50' J� 4B JV Aa"'-V 3 OPEN 20.00' a0' _ 00 27.25' ���, r5810 Q.r '� SPACE _ �Q J' _ L14 � 50' SE7183ACK .� BROOKLAND HEIGHTS 2Q010 2QA0 _27.25f HOMEOWNERS ASSOC., INC. S � � W MOW DB 742 PG 186 IRF PIN 54B-2-3-244A 45.02' �F �ZONED: RP RICHARD B. AND USE: OPEN SPACE ANNABELLE L LOY 40 ' 0 40 80 DB 377 PG 673 PIN 54-2-5 ZONED: RP USE: RESIDENTIAL SCALE: 1 " = 40' RNAL PLA r of suave IS/av OF G j COPPERFIRD (-A SEC77ON 2e BrownSHA 9NEE MAG/ShER/AL D/STR/CT 01285fREDERICK COUNTY, NRGJN/A Zo, 2vv1DATE � W 5, 2001 URv��o4 MARSH & LEGGE W'STIUM Land Suzw+eyors, P.L.C. pxPAX J=J 667-0469 I y4; VIRGINIA: FREDERICK COUNTY, SCr This instrument of writing was produced to me on at • id wii certificate of acknowledgement thereto annexed as admitted to record. Ta imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable Clerk s 1. COMMONWEALTH OF VIRGINIA , ntw�', YAW V ---- ------- - - - - - - - - - - - - - - - -Z 2 g Z5 O DC-18 (8/01) 02000gjO THIS DEED OF BOUNDARY ADJUSTMENT, made and entered into this 1 Sth day of May, 2002, by and between OAKcRwT PROPERTIES, L.L.C., a Virginia limited liability company, Grantor, party of the first part; and JASBO INC., a Virginia corporation, and FRED L. GLARE, III, Grantees, parties of the second part. WITNESSETH: WHEREAS, the party of the first part and the parties of the second part are owners of two adjoining tracts of land in Frederick County, Virginia, as set forth on the attached plats, and they desire to adjust the boundary lines between their lands; and, WHEREAS, the parties have caused the land to be surveyed by David F. Spriggs, L.S., a plat of which survey dated April 26, 2002, is attached to and made a part of this deed; and, WHEREAS, the party of the first part and the parties of the second part agree that the true and correct boundary lines between their respective lands are as shown on said plat. NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration, the receipt of which is hereby acknowledged by the party of the first part, the said party of the first part, Grantor, does hereby agree that said lines are the true and correct boundary lines between the lands of the parties, and does hereby grant and convey, in fee simple with English covenants of title, unto the said parties of the second part, Grantees, all their right, title and interest in and to those certain parcels of land shown on said plat as aggregating 0.09 acre on said plat. AND, in consideration of the premises, the said parties of the second part do hereby agree that said lines are the true and correct boundary lines between the lands of the parties. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to any easements, rights of way and restrictions of record affecting the subject property. WITNESS THE FOLLOWING SIGNATURES AND SEALS: ISEAL) FRED L. GLARE, III CD N C1'1 daAIA A. JLOW 4., d4 (SEAL) SBO INC. by Beverley B. Shoemaker, President ' /• U (SEAL) AKCREST PROPERTIES, L.L.C. by James T. Vickers, Manager STATE OF VIRGINIA GRt E4 o-wit: tcknowledged before me this �aJ``� _ day of , 2002, by Beverley B. Shoemaker, President of Jasb Inc., and by Fred L. Glaize, III. �` n aSr: s yt; °; s:'7`cr-My commission expire <', P' NOTARY PUBLIC O N -j CT) STATE OF VIRGINIA._ Cat$ , to -writ; 04�" Acknowledged before me this t day of 2002, by -James T. Vickers, Manager, Oakcrest Prop ties, L.L.C. My commission expires: NOT Y PUBLIC i i/ JASBO INC. & j FRED L. GLAIZE+ I Ii; j TAX MAP 54-2 ! �!------ �' PARCEL B i f 13.00 AC. i OAKCREST PROPERTIES. L.L.C. TAX MAP 54-2 ! PARCEL A 15.70 AC. p ti CURRENT OWNERS: OAKCREST PROPERTIES, L.L.C. rn v INSTRUMENT NO. 020000998 ti rn JASBO INC. & FRED L. GLAIZE, III 111 0 � DB 790/PG 347 REF: TM 54-2 PARCELS A & B ZONED: RP F— = AREA: ORIGINAL PARCEL A = 15.79 AC. a ORIGINAL PARCEL B = 12.91 AC. J �- � Z AREA TAKEN FROM PARCEL A = 0.09 AC. AREA ADDED TO PARCEL B = 0.09 AC. NEW PARCEL A = 15.70 AC. NEW PARCEL B = 13.00 AC. CURVE ARC DELTA RADIUS TANGENT CHORD DIRECTION CHORD Cl 39.36' 450.05'39" 50.00' 20.76' S73°24'54"E 38.35' C2 27.55' 45°06'21" 35.00' 14.53' S73°24'56"E 26.84' C3 32.18' 36°52'42" O.00' 16.67' N65°36'14"E 31.63' LINE BEARING DISTANCE L1 S78°10'47"E 54.73' L2 N39°02'04"E 49.50' L3 N84°02'10"E 30.00' L4 S73°25'18"E 52.17' I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATION SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY SUPERVISION AND THERE ARE NO APPARENT ENCROACHMENTS OTHER THAN THOSE SHOWN OR NOTED. PLAT SHOWING TH OP BOUNDARY ADJUSTMENT BETWEEN t- G,r JASBO INC. & FRED L. GLAIZE, III AND OAKCREST PROPERTIES, L.L.C. TAX MAP 54-2 DAVI F. RIGGS PARCELS A & B No.1853 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA lq 0R- DATE: APR I L 26, 2002 SCALE: 1 " = 400' APRIL 26, 2002 TRIAD ENGINEERING, INC. 200 AVIATION DRIVE WINCHESTER, VIRGINIA (540) 667-9300 FAX (540) 667-2260 SHEET 1 OF 4 SV-184 02i8 THE PROPERTY LINE ADJUSTMENTS ON THE ATTACHED PLAT IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS PROPRIETORS AND TRUSTEES, IF ANY. SIGNA , INC. ) 91 s-6-©;- TITLE DATE SIGNATURE(FRED, L. GLAIZE-. III) TITLE DATE S ATURE(OACKREST PROPERTIES, L .0 ) TITLE DATE COMMONWEALTH OF VIRGINIA C I TY/'f OF TO —WIT: I, A NOTARYU'WFIRLIC OF SA l CIT /COUNTY, DO CERTIFY THAT , OhNW IS SIGN TOA�`` S WRITING HERETO ANN (ED, BEARING DATE THE (c DAY OF 20 .91, HAS THIS DAY ACKNOWLEDGED THE SAME BEFORE ME IN MY SAID CITY/COUNTY. GIVEN UNDER MY �+s.�7'�; Y COMMISSION " EF HAND THIS DAY OF M2:t 20 (� Z_ EXPIRES: �.`� 3� �Zpp1-1 C� s,- rr­t�KL_ NOTARY PUBLIC APPROVAL FREqtRIX COUNTY SUBDIVISION ADMINISTRATOR DATE u LTH of �O DUO SPRIG( No.1853 �% A APRIL 26, 2002 PLAT SHOWING BOUNDARY ADJUSTMENTS BETWEEN JASBO INC. & FRED L. GLAIZE, III AND OAKCREST PROPERTIES, L.L.C. TAX MAP 54-2 PARCELS A 8 B RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: APRIL 26, 2002 CRIAD TRIAD ENGINEERING, INC. 200 AVIATION DRIVE WINCHESTER, VIRGINIA (540) 667-93DO FAX (540) 667-2260 SHEET 2 OF 4 SV-1 84 0 MATCH LINE - SEE SHEET 4 OF 4 /PARCEL B IRF rc IRS S12003'477W 'I BROOKLAND LANE ' 13.00 AC. �� 221.06' N84.02'06"E ; ST. RT. 658 �1► (HEREBY VACATED) 440.29 L3 (60 R/W ) N34 22'5' w�• S14°09 22 w Rol DB 377/PG 589 ( HEREBY VACATED) hti 235.96' c1 �2 I IqF N/F IRF BOWMAN TRUCKING $ ' �1 C2--""----IRF i � I FRED L. GLA I ZE (HERE LlRF __----- \ VACATED 752/179 IRS IRF I I I IRS eV IRF EX. 50' h SHENANDOAH ; y �P N8224?1�16pE N82462695"E GAS CO. ESMT. J „ IRF Z' (HEREBY VAC TED) 247/18 i ' I� N/F N34 14 43 W 55.85' 51.57 I RICHARD B. & CONC. ti •F�pO ANNABELLE L. LOY MON. 9f 0•00 OAKCREST 426/836 7 2 PROPERTIES. L.L.C. PARCEL A ' , .� 15.7 0 A C . �!j---------- N/F EX. 20' W/L CITY OF WINCHESTER `��_ 'cep EASEMENT ' . MCONC.?p 907/382 I ONFt p pO �6 24„ E C "-- RFi FLAT SHOWING Zp Sys �F BOUNDARY ADJUSTMENT BETWEEN NF q JASBO INC. $ FRED L. GLAIZE, III IRF S84°03'58"W AND OAKCREST PROPERTIES, L.L.C. N50008'56"E IRF ,/ 250.00' TAX MAP 54-2 37.00' RF PARCELS A & B IS4 2118'109"W N/F RED BUD MAGISTERIAL DISTRICT ' RICHARD L. & FREDERICK COUNTY, VIRGINIA NINA L. WARREN DATE: APR I L 26, 2002 SCALE: 1 " = 200' /Nr6,° 3 0 ' 0 0 " W 879/1272 CRIAD 97.80' TRIAD ENGINEERING, INC. 200 AVIATION DRIVE WINCHESTER, VIRGINIA (540) 667-9300 FAX (540) 667-2260 NOTE: SEE SHEET 1 OF 4 FOR zoo LINE AND CURVE TABLES. e!!Q SHEET 3 OF 4 SV-184 o r- 01 v I. - ro m 0 O a- -1 O a- Z 5 NZS't)R10 APRIL 26, 2002 zoo -000 sc.ac�, r-ZOO' NOTE: SEE SHEET 1 OF 4 FOR LINE AND CURVE TABLES. Z A �� Nrn + N/FLn i iSATIAN ENTERPRISES, INC. � ! SATIAN �855/1384 00 t F-------- ' o N/F ENTERPRISES, INC. 956/1663 N/F N/F IRF-- ! lit4pi OAKCREST PROPERTIES, LLC. FREDER I CK COUNTY- J ASBO INC. ! 'A! I NST. NO. 000012581 CL4RKE COUNTY SCHOOL BOARDS- FRED L. GLAIZE III 342/64 PARCEL B i � it 13.00 AC. aw� IRS o, ----- IRF MATCH LINE - SEE SHEET 3 OF! ' 1 S12003 ,47 „W ; BROOKLAND LANE ° 22 1.06'- S T. R T. 658 ( HEREBY VACATED) 512.75' • 'I 1 L3 (60' R/W ) N34.52' 59 "E • • . « N84 02 06 E ti"� S14 09 22 NI 440.29' R' 1 DB 377/PG 589 `\'%� ( HEREBY VACATED) h 235.96' C1 d IN/F L1 IRF C2 —� 1 �F BOWMAN TRUCKING $ (HERE RF IRF ' j FRED L. GLAIZE VACATED)- I 752/179 FF�� \� ,i h� � S IRF C3 1 1 N34014'43"W �c���RS ti IRF PARCEL A "-- 257.93 h-fi------- �p N84'02*06«E N84°02'35"E 15.70 AC. 1 224.11 246.69 F �p►L 0 J-O IRF CONC. (HEREBY VACATED) ' MON. I 2 DAVID F. SPRIGGS No.1853 �� 04 APRIL 26 2002 O (l- d� Q' ti M 0 CL Q ~ J I a` O Z PLAT SHOWING BOUNDARY ADJUSTMENT BETWEEN JASBO INC. 8. FRED L. GLAIZE, III AND OAKCREST PROPERTIES, L.L.C. TAX MAP 54-2 PARCELS A 8 B RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: APRIL 26 2002 SCALE: 1" = 200' CIIIAD TRIAD ENGINEERING, INC. 200 AVIATION DRIVE WINCHESTER, VIRGINIA (540) 667-9300 FAX (540) 667-2260 HIS DEED OF DEDICATION, made and dated this day of April, 2001, by and between Oakcrest Properties, L.L.C., a Virginia limited liability company, party of the first part, hereinafter called the Declarant; and Frederick County, Virginia, party of the second part. WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that certain final plat drawn by P. Duane Brown, L.S., dated February 26, 2001, entitled "Copperfield Section 1", which final plats are attached hereto and incorporated herein by reference as if set out in full. This is the same property conveyed to the Declarant by that certain deed dated November 30, 2000 from Rudolph Properties, L.L.C. of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 000012581, and a portion of the property conveyed to the Declarant by that certain deed dated January 19, 2001 from Bowman Trucking Company, Inc. and Fred L. Glaize, III, of record in said clerk's office in Deed Book 010000568; and, WHEREAS, said real estate, as shown on the aforesaid attached final plats, has been subdivided into lots for the construction of townhouses thereon, and the here i nabove-referenced final plats show accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said subdivision to be used as open space, parking areas, sanitary sewer and water easements, utility, and ingress -egress easements, all of which shall constitute a portion of that development known as Copperfield Section 1, and which common areas shall be owned and/or maintained by the Copperfield Homeowners Association upon the terms and conditions set forth hereinafter; and WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Copperfield Section 1, the subdivision of said real estate is with the free consent and in accordance with the desires of the undersigned Declarant which further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION, WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the Declarant does hereby subdivide all of that certain tract or parcel of land designated as Copperfield Section 1, lying and being situate in Shawnee Magisterial District, in the County of Frederick, Virginia, and being more particularly described by that certain Final Plat of Copperfield, Section 1, drawn by P. Duane Brown, L. S., dated February 26, 2001, containing Lots 1 through 29, inclusive, attached hereto and incorporated herein by reference as if set out in full. The Declarant does not dedicate any streets or parking areas in Section 1 as more particularly set forth on the attached plats of Copperfield, Section I, to the County of Frederick, Virginia, for public use, but they are reserved for the common use and enjoyment of the homeowners in Copperfield Section 1. All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Copperfield Homeowners Association, Inc., a nonstock Virginia Corporation, its successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property described as common "open space", the streets and parking areas in Copperfield Section 1, and such additions thereto as may hereafter be brought within the jurisdiction of the company. Section 3. "Lot" shall mean and refer to any of the lots (Lots 1 through 29, inclusive, designated upon the final plats of Copperfield Section 1), with the exception of the open space and parking areas, defined as "Common Areas" hereinabove. Section 4. "Member" Shall mean and refer to every person or entity who holds membership in the association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Copperfield Section 1, as shown on the hereinabove-referenced final plats, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Oakcrest Properties, L.L.C., a Virginia Limited liability company, its successors and assigns. ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessments by the association, including contract sellers, shall be a member of the association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per lot. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment by the association. Ownership of such lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS Each Member of the association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any lot, all such persons shall be 2 Members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast in respect to any lot. BOARD OF DIRECTORS The affairs of the association shall be managed by a board of not less than three (3), but no more than nine (9) directors, who must be members of the association. The initial board of directors shall be appointed by the association and serve until the first annual meeting following conveyance of the first lot in Copperfield Section 1 to a grantee other than Oakcrest Properties L.L.C.; thereafter, the board of directors shall be elected by the membership as determined in the Bylaws of the association. TREASURER The board of directors shall decide whether or not the treasurer of the association shall be bonded with surety; and if so, the expense of such fidelity bond for the treasurer shall be borne by the association. ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the "Common Areas," specifically including but not limited to the rights of ingress and egress across the aforesaid "Common Areas" and such easement shall be appurtenant to and shall pass with the title to every assessed lot, subject to the following provisions: (a): The rights of the association, in accordance with its Articles and bylaws, to borrow money for the purpose of improving the aforesaid "Common Areas". The association is further empowered, with the consent of at least two-thirds (2/3) of the members, to mortgage the area in said Subdivision designated as "Common Areas " to secure any such borrowed funds, but such mortgage shall be subordinate to the rights of the Homeowners hereunder. In computing the required vote of the members in connection with any such mortgage of the "Common Areas", the lots owned shall be given notice of any such proposed mortgage of said "Common Areas" as set forth in Paragraph (c), infra. (b) The rights of the association to suspend the voting rights and the right to the use of the "Common Areas" by a member for any period during which any assessment against his lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. 3 Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The Declarant, or such other entity as is invested with title at the time of conveyance, hereby covenants that fee simple title to the common open space and parking areas (referred to hereinabove as "Common Areas") will be conveyed to the association free and clear of all liens and encumbrances prior to the conveyance of the first lot in Copperfield Section 1 to a grantee other than Oakcrest Properties, L.L.C. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each lot owned, hereby covenants, and each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay the association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected for time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the owner of such property at the time of the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. Purpose of Assessments: The assessments levied by the association shall be used exclusively for the following purposes, to -wit: improvements and maintenance of the "Common Areas", specifically including, but not limited to, payment of any real estate taxes, repairs and removal of snow from association -owned and maintained parking areas and streets within said subdivision, maintenance and repair of any drainage and detention facilities, maintenance of street lights and payment of all utility charges therefore, maintenance and repair of utility and drainage easements; maintenance, services and facilities devoted to the aforesaid purposes (including but not limited to maintenance of the private water lines) and expenses related to the use of and enjoyment of the "Common Areas"; and further, for the purpose of promoting the recreation, health, safety and welfare of the residents in the "Common Areas" of Copperfield Section 1. Section 3. Basis and Maximum Annual Assessments: Until January 1 of the year immediately following the conveyance of the first lot to an owner (until January 1 of the year immediately following the conveyance of the first lot to an owner other than a conveyancer of said lots to Oakcrest Properties, L.L.C. by Declarant) the maximum annual assessment shall be $ 440 - 0 D per lot for all Lots 1— 29 inclusive. (a) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment per lot 4 may be increased above that set forth hereinabove by a vote of the members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of 2/3 of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days or more than 60 days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the association is authorized to participate under its Articles of Incorporation. The maximum annual assessment hereunder shall be subject to the limitations set fourth in paragraph (c) infra. (b) After consideration of current maintenance costs and future needs of the association, the board of directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the "Common Areas", specifically including but limited to maintenance, repair and improvement of any association —owned parking areas and street within said subdivision, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of 2/3 of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authorized Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast 67% of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be '/2 of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. Date of Commencement of Annual Assessments — Due Date: The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the first lot to a grantee other than Oakcrest Properties L.L.C. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The board of directors shall fix the amount of the annual assessment against each lot at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the board of directors. The association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the association, setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If 5 the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the association may bring an action at law against the owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose said lien against property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. As an additional remedy for delinquent assessments, if the assessments remain delinquent for 60 days, the association may cut off the water supply to the property and impose a fee not to exceed $ to turn the water on when the assessments are paid. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his lot. Section 8. Subordination of the Lien to Mortgages: The lien of the assessments provided herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any lot. Sale or transfer of any lot shall not effect the assessment lien. However, the sale of transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) Any property owned by the association; (b) All properties dedicated to and accepted by a local public authority; (c) Any and all lots owned by Declarant, its successors or assigns (specifically including the intended Grantee of said lots, Oakcrest Properties L.L.C.) for which a final Certificate of Occupancy has not been issued by the County of Frederick, Virginia or such other agency having jurisdiction thereof; and (d) All properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shal I be exempt from these assessments. Section 10. Failure to Maintain "Common Areas": In the event that the association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the County of Frederick Zoning Ordinance. The County of Frederick Zoning Ordinance and any and all amendments thereto is by this reference made a part hereof as if set out in full. Section 11. Dissolution of the Association: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created or for general welfare of the residents of Copperfield. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the members of the association as tenants in common. ARTICLE VI RESTRICTIVE COVENANTS 31 The lots in Copperfield (Lots 1 through 29, inclusive) shall be subject to the following restrictions, which are constituted covenants real to run with the land. 1. All lots shall be used for single-family residential purposes only. No townhouse may be modified to provide for a garage thereto after such townhouse has been erected. 2. No profession or home occupation shall be conducted in or on any part of a lot; provided, however, that Declarant, its successors and assigns (specifically including its intended Grantee, Oakcrest Properties, L.L.C.) reserves the right to use one or more of said lots or a portion of the "Common Areas" for business purposes in connection with the development, sales and operation of said townhouse subdivision. 3. No signs or advertising of any nature shall be erected or maintained on any lot except "For Sale" signs for said lot which signs shall not exceed five (5) square feet in area, or signs used by the Declarant (and its intended grantee, Oakcrest Properties, L.L.C.) to advertise the property during construction and sale. No "For Rent" signs shall be allowed on any lot. 4. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks, or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/ ton (or less) vans) shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. Ownership of each lot shall entitle the owner thereof to the use of not more than two (2) vehicular parking spaces which shall be as near and convenient to said lot as reasonably possible, together with the right of ingress and egress upon said Parking Area. 5. No vehicles shall be parked in an area other than the parking lots constructed by Declarant in Copperfield Section 1. No motorized vehicles of any kind shall be permitted upon any areas within said subdivision except for the streets and parking areas constructed by Declarant. No right of vehicular access shall exist across any lot in said subdivision except for those areas upon which streets or parking areas have been constructed by Declarant. 6. No animals of any kind (including livestock and poultry) shall be permitted on any lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers: and further, provided that no dogs shall be permitted to run at large without restraint in said subdivision. No dog may be tied and left unattended outdoors. Further, no doghouses or other structures housing any animal shall be allowed on any lot whatsoever unless the lot is improved by a privacy fence. 7. There shall be no fencing or hedges in the front of any of the townhouse units and all fencing to the rear of the townhouse units shall be attached to the individual unit, and be of one inch by six inch pressure -treated lumber on both sides of a board -on -board fence not higher than six feet; and provided further, that there must be a gate at the rear to allow access to the back yard. No fence shall be constructed until the board of directors of the association shall have approved the same. 8. No noxious of offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 9. In the event that a dwelling is destroyed, the owner of the dwelling within thirty (30) days from said destruction, shall clear away the portion of the dwelling unit and maintain the lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 10. Each owner shall keep all lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an owner of any lot in Copperfield Section 1, shall fail to maintain the premises and the improvements situated thereon as provided herein, the association, after notice to the owner as provided in the Bylaws and approval by two thirds (2/3) vote of the board of directors, shall have the right to enter upon said lot to correct drainage and to repair, maintain and restore the lot and the exterior of the building erected thereon. All cost related to such correction, repair or restoration shall become a special assessment upon such lot. 11.The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one of the owners. If a party wall is destroyed or damaged by fire or other casualty, any owner who has use of the wall may restore it and if the other owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the owners under any rule of law regarding liability for negligence or for willful acts or omissions. 12. Notwithstanding any other provision of this Article, an owner by his negligence or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any owner to contribution from any other owner under this Article shall be appurtenance to the land and shall pass to such owner's successor in title. 13. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incubators or other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the date of garbage pickup. 14. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical and telephone wires. 15. No baby carriages, bicycles or other articles of personal property shall be deposited, allowed or permitted to remain outside of any townhome except in the enclosed rear area. The association shall specifically have authority to 8 impound all such articles to remain outside in violation of this provision and to make a charge for the safekeeping and return thereof. 16. No exterior clothesline, or hanging device shall be allowed upon any unit, except for an umbrella -type one with a diameter not exceeding seven (7) feet, provided same is located in the rear of the unit. No clothes, or other washing, shall be dried outside except during the hours from 7:00 a.m. to 7:00 p.m. 17.The color of the paint on the exterior of every building on each lot shall be the same as the original color unless approved in writing by the Copperfield Homeowners Association. 18. No building, structure, addition or exterior alteration (including basketball backboards, rims and nets) or improvements of any character shall be constructed upon any lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Copperfield Homeowners Association as being in harmony with the whole subdivision, especially the adjoining townhouse unit. 19.If in the construction of any dwelling by Declarant there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant lot. 20. No lot upon which a townhouse has been constructed shall be further subdivided or separated into smaller lots by any owner and no portion less than all of such lot, nor any easement or other interest herein, shall be conveyed or transferred by an owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. 21.All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additionally successive ten (10) year periods unless the owners of a majority of lots in Copperfield Section 1, shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 22.The invalidation of any one of the covenants or restrictions contained herein by judgement or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Declarant herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. The Declarant reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, and restrictions as to the sale or transfer of any future lot or lots except that it cannot change the provisions concerning open space easements without the permission of Frederick County and except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions, and conditions upon any other lots. The Declarant does further reserve the right for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions as to the sale and transfer of any future lot or lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 9 ARTICLE VII EASEMENTS Section 1. Public Utility and Drainage Easements: The property dedicated hereby is subject to those certain easements or rights of way designated as Drainage Easements, Gas Easements and Utility Easements on the aforesaid plat of Copperfield Section 1. The Declarant does hereby grant and convey unto the County of Frederick, Virginia, or other agency having jurisdiction thereof, a perpetual right of way or easement for the maintenance facility designated on the aforesaid plat as Water Easements, Sanitary Sewer Easements, Gas Easements and Uti I ity Easements. Section 2. Reservations: (a) The Declarant reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water and television lines and related equipment, and other utility equipment where such utility lines and equipment are located within the easements set forth on the final plats of Copperfield Section 1, and other "Common Areas," as needed, provided that such easements shall not interfere with the use and enjoyment of the "Common Areas." (b) The Declarant further reserves unto itself, its successors or assigns, for a period of five (5) years from the date of conveyance of the first lot in Copperfield Section 1, a blanket easement and right on, over and under the ground within said subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes, or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the Declarant shall restore the affected property to its original condition as near as practical. The Declarant shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the Declarant an emergency exists which precludes such notice. Reservation by Declarant of such blanket easement and rights contained herein shall not, in any way, obligate Declarant to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Declarant therefore. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement: The association, its successors or assigns, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the association, its successors or assigns, or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the association, its successors or assigns, or any owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, 10 and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the association, or the owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifteen (15) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years, as described under Article VI, Restriction No. 21, supra. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than seventy-five percent (75%) of the lot owners (excluding the Declarant.) Any amendment must be properly recorded. Section 3. Dissolution: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created. In the event such dedication is refused acceptance, such assets shall be granted, conveyed or assigned to any non-profit organization, for similar purposes. The dedication and subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned Declarant of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia, or other agency having jurisdiction thereof. The designated "Common Areas" are not dedicated hereby for use by the general public but are dedicated to the common use and enjoyment of the homeowners in Copperfield Section 1, as provided hereinabove. WITNESS the following signature and seal: , - �/", Z. � /Z � �,/ J mes T. Vickers, Managing Member Oakcrest Properties, L.L.C. STATE OF VIRGINIA City of Winchester, to -wit: Acknowledged before me this 4 _ day of _ , 2001, by James T. Vickers, who is the managing member of Oakcrest Properties, L.L.C., on behalf of the company. My commission expires: & • J/, 000/ 7 Notary Publ' 11 COUNTY OF FREDERICK, VIRGII DEPARTMENT OF INSPECTIONS Caller s Time Called � bn � 4- z Date Called Jet- aoo .1- Phone No. �' Time Requested Date Requested Received By "`�fP Date of Inspection 3c 'e_ PERMIT HOLDER NAME (c 1�Q RT. NO. 6 15' Lot No. SEC. No. STREET NAME f (_("_Q CtNJ L"i SUBDIVISION -OG 1E' t Jk I oU-iU�O S DIRECTIONS BUILDING NO. (fit. o Va(j ,M, it . -t-urw RCA PLUMBING NO. Ohio Orn n y-1d-s-S "N_ pr6ALY4�1 I`5 ELECTRICAL NO. lot- -tt 9&f S. A-kp_ t(p(i_A MECHANICAL NO. SIGN NO. DISTRICTS PERMIT FOR: Type of Inspection Residentialy' Xp Commercial Footers Setbacks: FR BK L R Slab Draintile Gas Fire -up Final Electrical Water Service Framing Final Mechanical Sewer Rough Electric Final i,� -Plan✓!#(%�"O/ Rough Plumbing Rough Mechanical Final Building Fire Marshall Groundworks Gas Piping/Test Final Plumbing Special/Complaint Other: �c� —'1 /Zs�c��� %%(,� �- � Time In: ®D :490 Gin? Temperature '7 Cut in No. Time Out: o° : I aft Weather U-p*- i C_-(Al Results: Approved Comments: Signature Rejected r COUNTY OF FREDERICK. VIRGI,,.,A DEPARTMENT OF INSPECTIONS Caller 60A Umaer Time Called i,r u14) Date Called Phone No. 7 WOO Time Requested �" /S Date Requested yea Received By rcanI) Date of Inspection allFlIA PERMIT HOLDER NAME C, 0,00e i' RT. NO. 6SF Lot No. SEC. No. SUBDIVISION ��fl�i i /d 72;V'(461 ,rAj-_ STREET NAME 8r(bK(Qu[i 1A'AJ l_ DIRECTIONS BUILDING NO. RJ f7 (,La,4) -j, Al(. I +. /;rfl. PLUMBING r,,44, 4).,ccKki.vr./ &44,e , ArlJp tc_ iz I ptt2+eA ELECTRICAL NO. NO. tk) 4" IeL.,,Aj - of its /o-gd MECHANICAL NO. SIGN NO. DISTRICT &0- i1i: D Type of Inspection Residential Commercial Footers Slab Water Sewer Rough Plumbing Groundworks Setbacks: FR Draintile Service Rough Electric Rough Mechanical Gas Piping/Test Other: o � D( - O/ ,- BK L R Gas Fire -up Final Electrical Framing Final Mechanical Final �~ c.b�vrs.•'av Site Plan Off/ -0► ✓ Final Building Fire Marshall Final Plumbing Special/Complaint & Time In: 3 . / Temperature ti 6G0 Cut in No. Time Out: 3: 3a Weather 42019AU CA&6c� i Cri�,v�lc� Results: Approved Rejected Comments: duiS uvr r.�a cacY,-h' ✓al mee /dC.`/ica. u�v�l ,tee t�.`r�d. C �/aj jt,`� ,Q� fk Y��1r., :�e� 3 /'Prny ., A�� SPc�Gt/'VGi tsd/l� � 6�� ���!+'�li".✓ "/ er/�/� ttl� °u .'Vsy�T�a f/PdT ad CL SC&Ada (f�J L%Caves �k' eOS_ A/ Signature_ . ��� Dater. OAKCREST COMPANIES .�VL E -'Al O From: jawv"ewk TO: Patrick Davenport DATE: July 10, 2001 RE: Copperfield Sec 2 Patrick, per our conversation of a few weeks ago, I have enclosed 3 copies of the plat for Coppefield Section 2 to be signed off by you. I have also enclosed a copy of the Deed of Dedication for the same. Please review and sign these plats at your earliest convenience so we may have them recorded. Thank you for your quick response to this matter. JIM VICKERS lease ca // whcr� r� 7Z2 - 4/6/ eve� /2 1q lIkal I C Co P �G� �ec�Y�n ) 07/�%I PTO CHECKLIST FOR SUBDIVISION FINAL PLATS ✓ A. The title of the subdivision ("Final Plat for........") AA. Notarized owner's certification IAW 15.1-477 COV. 7 B. The page number and total pages on each page. C. Vicinity Map (Scale 1:2,000) showing roads, properties and subdivisions within 1,000 feet. D. A written and graphic scale. E. Day, month and year plan prepared and revised. ✓ F. North Arrow. G. Magisterial District in which the subdivision is located. H. Zoning and use of land to be subdivided and adjoining land. .V/ I. Boundary survey of all lots, parcels and rights -of -way. J. Names of owners of adjoining properties with deed book '/ and page number references. K. Area of each lot, total area of subdivision and area in lots. L. Location and area of each parcel of open space and total area of open space. ✓ M. Location, names and ROW widths of existing and planned roads, streets and shared private driveways adjacent to and on the property. V/ N. Existing and proposed utilities, utility easements and ,% other easements with dimensions. O. Existing and proposed drainage easements with dimensions and locations. P. Location of flood plain limits. `/ Q. Location of land to be dedicated or reserved for public use. R. Location of required setback lines on each lot. '/ S. Location of proposed recreational areas. Page 2 Subdivision Plat Checklist N p T. Location of proposed buffers. U. Location and description of monuments and markers. V. Certified by registered engineer or surveyor. W. Notarized signature of the owner. ✓ X. Signature lines as required. AIA Y. Statement listing all requirements and conditions placed on the land resulting from conditional zoning. Z. Indication of the portion of the allowable density from the parent tract which is to be allocated to each parcel resulting from the subdivision. AA. Notarized owner's certification required by state Code. COMMONWEALTH Of VIRGI I DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG, VA 22824 COMMISSIONER June 11, 2001 Mr. P. Duane Brown, L.S. Marsh & Legge Land Surveyors, PLC 560 North Loudoun Street Winchester, VA 22601 Ref: Copperfield, Section 2 Final Plat Route 658, Brookland Lane Frederick County Dear Duane: JERRY A. COPP RESIDENT ENGINEER TELE(540)984-5600 FAX (540) 984-5607 A VDOT review has been completed on the final plat dated June 6, 2001 for the referenced project. The plat appears to reflect the information shown on the approved project plans and is therefore approved by this letter. We are returning four (4) signed copies of the plat to your office, one copy is being retained for our work file. Please provide one copy of the plat of dedication fully signed and recorded at the appropriate County Clerk's Office prior to the issuance of any land use permit from VDOT. If there are any questions, please feel free to call. 13, Sin ly, Barry J. Sweitzer, Trans. Roadway gineer For: Steven A. Melnikoff, Transportation Engineer BJS/rf Enclosures xc: Mr. Dave Heironimus Mr. Evan Wyatt RECEIVED JUN 13 2001 DEPT, OF PLANNING/DEVELOPMENT WE KEEP VIRGINIA MOVING Cofpcc f:tOL- Vie)$/t>P HP OfficeJet Personal Printer/Fax/Copier/Scanner Fax History Report for Frederick County Planning 665-6395 Nov 28 2001 1:41pm Last Fax Date Time Twe Identification Duration Pages Result Nov 28 1:40pm Sent 96781481 1:02 3 OK Result: OK - black and white fax OK color - color fax NOV-28-01 12:34PM FROM -SUCCESS MORTGAGE 5406781481 T-413 P 01/03 F-656 FAX TO. EVC An jt /,�I+From: DONNA HOLLOWAY S14 Pages. including cover KJ/ 1 0 �Phone. & (P '-ff— 3 ?ate: Wt.. S�c iD 6 oe- OAS --kercc- L] Urgent M For Review C] Please Comment M Please Reply 0 Please Recycle �� � COMMENTS We YfofdThe 2;;56y to Tour Success I S8 Front Royal Pike, Suite 2-B, Winchester, Virginia 22602 Phone. (540) 678-0000 Fax: (540) 678-1491 www.successmortgage-corn `NOV-28-01 12:34PM FROM -SUCCESS MORTGAGE 5406781481 T-413 P 02/03 F-656 USDA U.S. DEPARTMENTOFAGRICULTURE Form RD 1924-25 RURAL DEVELOPMENT (Rev. 7-99) FARM SERVICE AGENCY PLAN CERTIFICATION Form Approved OMB No. 0575-0042 (Property Name/Applicants Name and Case Nwnber) �\U fX_� e,ld LaX\S-1 (Property Address (City) (county) (State) �3uc. Vf� , ZZtQ r BUILDING TYPE: 0 Single Family ❑ Multi -Family PLANS- ❑ Original ❑ Modifications I GvAN ` •��1/"1'ef I�Sjn�' a Au-:-,fce,-zcb L_iz* •r�l�ii>r^Lr. / /type or prinit (licensed orchlrect, engtoeer, or huthoriwd building qficial, etc/ in the State of _ `l�CMiV,b__ , hereby certify that I have reviewed: F7 the plans and specifications dated + 1 D IC 1 Prepared by (.3 t r- T-1 i, -% G_ o �w--D- (name offirm or individual) for the above property ❑ the thermal performance plans, specifications and calculations dated prepared by for the above property (name ojjrm or iadivuival) the seismic design (plans and specifications) dared for the above property (name gfftrm or individual) prepared by modifications listod below, that have been clearly indicated on the drawings and specifications dated prepared by and certified by (name offirm or Ledlviduoll and related to the above property. (name ojfirm or individual) MODIFICATIONS Acco;;iing to the Paperwork leducrian Act of 1905, an w ageory not conduct ar, sponsor, and a person 4 not re•Quipsd n� respond to a collection of information unless it dupkWs a valad QAM control number, 79te q,1® mmirol number for this igfwwadott ealkedon it 0573-0042• The now nrguimd to complete this btformatioo collection is estimated to average l0 mAures per response, includlgg the line r revieNtng instructions, searching esistme data sources, gathering and ma/ntalnlog the data needed, and completing and reviewing the collection of rgformation. NOV-28-01 12:35PM FROM -SUCCESS MORTGAGE 5406781481 T-413 P 03/03 F-656 �Basod upon this review, to the best of my/our knowledge, information, and belief, these documents comply with the: Fr,;z, .,tC:t{ : �. �a �,d., c: � r+,'r>.;a�� — �t c:� �' JC � . $�;_, , and (nano and edition of the applicable development standard) 4 fJf A (name apd edition of the applitabio energy standards/rcqu=W'nts in accordance with RD Instruction 1424-A, Exhibit D) designated as the applicable Rural Development or Farm Service Agency development standards for this project. 1 understand the purpose of tbis certification is to induce United States Government to finance the construction of the above project and plan. 1 fiatber understand that false certification constitutes a violation of 18 U.S.C. Section 1001 punishable by fine and/or imprisonment and, in addition, may result in debarment from participating in future governmcnr programs. (Sigrtattss (Date) Eyty-i A (Type or print stain.) P (Title) 6546) 5) -SL 1 (Arta Colo + Telephone Number) Y to / (Psofessional Registration No.) tv / '� (Expiration Date if applicable) A CHARLES D. NOTTINGHAM COMMISSIONER DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 September 4, 2001 Mr. Aaron Dean C/O APAC Virginia, Incorporated L. F. Franklin & Sons Division P. 0. Box 339 Stephenson, VA 22656 Ref: Land Use Permit #855-5624 Copperfield Subdivision Route 658 Frederick County Dear Mr. Dean: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 On August 27, 2001, Mr. Jeff Boyer, Environmental Specialist, performed an inspection of your erosion and sediment controls for the referenced project. I have attached for your use a copy of this report. Please review and take the corrective action called for. Should you have any questions, please call. SAM/rf Attachment xc: Mr. Dave Heironimus Mr. Jeff Boyer Mr. Greg Unger Mr. Joe Wilder Mr. Evan Wyatt Sincerely, 7 Steven A. Melniko Transportation Engine r riECEIVED SEP 0 6 2001 `PT, OF P1 ANNINrmFVELOPMENT 1AiC: ircc® vlar;lnnn AA(1\/IAI(] Virginia Department of Transportation Erosion & Sediment Report '� aa• eject No.: ,`j.�� Contractor: A*e Date: Inspector: Temperature: A.M. P.M. Cert. Cont's. Rep.: XA6J IN Time: Weather: A.M. P.M. Reason for inspection: (Circle One) Weekly ATTer Storm Ev Follow-up ther) A. Stabilization Compliant Non -compliant �N/A Are there any denuded areas, which require temporary or permanent stabilization? Yes fl/ Do any current stabilized areas require maintenance repair and/or re -stabilization? Yes . No Have sediment traps, basins, and diversion berms been seeded and mulched immediately upon completion? Yes_ No_N/A Z y�/ o Comments: f1���'/� ���% wit 'gt si�r%a c /d�7� /� �Ji✓�� �+��s Ei�Ptc.�� r� ._ .�i�,ia�� � t1 e_,c/,�!c /� /`r✓�� �i �e� s d�," -� -J /i�.C33� � Z � � T.—�, aL-j B. Sediment Controls Compliant Non -compliant N/A Have temporary sediment basins, traps, perimeter dikes, silt fence, filter barrier, rock check dams, slope drains, construction entrances, etc. been installed as a first step measure, prior to beginning up -slope grubbing or grading? Yes _ No Has any sediment washed off the Right -of Way or entered waterways? Yes 7/No Are controls installed in accordance with the specification? Yes /<o Do any controls require repair or cleanout to maintain adequate function? Yes _ No Are there additional controls needed? Yes i/ Neo _ Comments: G� e- C. DisposaUBorrow Areas Compliant Non -compliant N/A I/ Have all required waste and borrow area plans and agreements been submitted and approved, and written confirmation on file? Yes — No -Are the temporary controls installed and functioning properly per the approved plan (including haul roads and access point)? Yes —No — Is there evidence of unacceptable material (pipe, reinforcing steel, barrels, etc.) in the waste area? Yes No Comments: Page I of 2 Date: Erosion & Sediment Report Page 2 of 2 D. fin -Stream Work Compliant _ Non -compliant _ N/A Have all required in-stream/dewatering plans been submitted and approved and written confirmation on file? Yes No Is the Blue Permit Card posted on site? Yes _ No _ N/A Are all in -stream structures and diversions installed and functioning properly in accordance with the approved plan and specifications? Yes _ No _ Do any in -stream structures/diversions require repair or cleanout to maintain adequate function? Yes _ No _ Are there any modifications or additional measures required? Yes _ (Contact Residency & Environmental Section) No Comments: E. Miscellaneous Compliant Non -compliant N/A Are service fuels, lubricants and other hazardous materials on site properly stored and containment measures in place? Yes _ No _ N/A _ Were any deficiencies found during the review? Yes I/No Were deficiencies and corrective measures discussed with the Contractor? Yes — No Date /LAA 11111fillrfile Have the deficiencies noted in the last Erosion and Sediment Report dated been corrected? Yes _ No _ Comments: Comments and Recommendations: ''C/Gl�° _%�JGt;�T/ �t�r✓ %�P.ic �%Gf-zti�i�,r iaf' Reviewed By: Reviewed With: Inspecto (Sign & Date) Contractor (Sign & Date) e Copy: Contractor, Inspector, Project Engineer, Resident Engineer, Environmental Section and Others COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 April 10, 2001 Mr. Ronald Mislowsky G. W. Clifford & Associates, Inc. 200 N. Cameron Street Winchester, Virginia 22601 RE: Copperfield Site Plan Review, Copperfield Subdivision Design Plan #04-01 Review Dear Ron: This letter is to confirm that the Copperfield Subdivision Design Plan for the Berry Hill project has been approved. Enclosed is a copy for your records. The deed of dedication and appropriate guarantee have been received as well. The final plats for Copperfield have also been approved. I am available, should you have any questions. Sincerely, Patrick T. Davenport Zoning and Subdivision Administrator PTD/rsa Enclosure AACopper6eld design approval letter.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Co co Co HIS DEED OF DEDICATION, made and dated this 4' _ day of April, 2001, by and between Oakcrest Properties, L.L.C., a Virginia limited liability company, party of the first part, hereinafter called the Declarant; and Frederick County, Virginia, party of the second part. WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that certain final plat drawn by P. Duane Brown, L.S., dated February 26, 2001, entitled "Copperfield Section 1", which final plats are attached hereto and incorporated herein by reference as if set out in full. This is the same property conveyed to the Declarant by that certain deed dated November 30, 2000 from Rudolph Properties, L.L.C. of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 000012581, and a portion of the property conveyed to the Declarant by that certain deed dated January 19, 2001 from Bowman Trucking Company, Inc. and Fred L. Glaize, III, of record in said clerk's office in Deed Book 010000568; and, WHEREAS, said real estate, as shown on the aforesaid attached final plats, has been subdivided into lots for the construction of townhouses thereon, and the hereinabove-referenced final plats show accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said subdivision to be used as open space, parking areas, sanitary sewer and water easements, utility, and ingress -egress easements, all of which shall constitute a portion of that development known as Copperfield Section 1, and which common areas shall be owned and/or maintained by the Copperfield Homeowners Association upon the terms and conditions set forth hereinafter; and WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Copperfield Section 1, the subdivision of said real estate is with the free consent and in accordance with the desires of the undersigned Declarant which further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION, WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the Declarant does hereby subdivide all of that certain tract or parcel of land designated as Copperfield Section 1, lying and being situate in Shawnee Magisterial District, in the County of Frederick, Virginia, and being more particularly described by that certain Final Plat of Copperfield, Section 1, drawn by P. Duane Brown, L. S., dated February 26, 2001, containing Lots 1 through 29, inclusive, attached hereto and incorporated herein by reference as if set out in full. The Declarant does not dedicate any streets or parking areas in Section 1 as more particularly set forth on the attached plats of Copperfield, Section I, to the County of Frederick, Virginia, for public use, but they are reserved for the common use and enjoyment of the homeowners in Copperfield Section 1. All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, 1 I title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Copperfield Homeowners Association, Inc., a nonstock Virginia Corporation, its successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property described as common "open space", the streets and parking areas in Copperfield Section 1, and such additions thereto as may hereafter be brought within the jurisdiction of the company. Section 3. "Lot" shall mean and refer to any of the lots (Lots 1 through 29, inclusive, designated upon the final plats of Copperfield Section 1), with the exception of the open space and parking areas, defined as "Common Areas" hereinabove. Section 4. "Member" Shall mean and refer to every person or entity who holds membership in the association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Copperfield Section 1, as shown on the here in above-refe re nced final plats, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Oakcrest Properties, L.L.C., a Virginia Limited liability company, its successors and assigns. ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessments by the association, including contract sellers, shall be a member of the association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per lot. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment by the association. Ownership of such lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS Each Member of the association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any lot, all such persons shall be 2 Members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast in respect to any lot. BOARD OF DIRECTORS The affairs of the association shall be managed by a board of not less than three (3), but no more than nine (9) directors, who must be members of the association. The initial board of directors shall be appointed by the association and serve until the first annual meeting following conveyance of the first lot in Copperfield Section 1 to a grantee other than Oakcrest Properties L.L.C.; thereafter, the board of directors shall be elected by the membership as determined in the Bylaws of the association. TREASURER The board of directors shall decide whether or not the treasurer of the association shall be bonded with surety; and if so, the expense of such fidelity bond for the treasurer shall be borne by the association. ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the "Common Areas," specifically including but not limited to the rights of ingress and egress across the aforesaid "Common Areas" and such easement shall be appurtenant to and shall pass with the title to every assessed lot, subject to the following provisions: (a): The rights of the association, in accordance with its Articles and bylaws, to borrow money for the purpose of improving the aforesaid "Common Areas". The association is further empowered, with the consent of at least two-thirds (2/3) of the members, to mortgage the area in said Subdivision designated as "Common Areas " to secure any such borrowed funds, but such mortgage shall be subordinate to the rights of the Homeowners hereunder. In computing the required vote of the members in connection with any such mortgage of the "Common Areas", the lots owned shall be given notice of any such proposed mortgage of said "Common Areas" as set forth in Paragraph (c), infra. (b) The rights of the association to suspend the voting rights and the right to the use of the "Common Areas" by a member for any period during which any assessment against his lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. 3 Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The Declarant, or such other entity as is invested with title at the time of conveyance, hereby covenants that fee simple title to the common open space and parking areas (referred to hereinabove as "Common Areas") will be conveyed to the association free and clear of all liens and encumbrances prior to the conveyance of the first lot in Copperfield Section 1 to a grantee other than Oakcrest Properties, L.L.C. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each lot owned, hereby covenants, and each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay the association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected for time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the owner of such property at the time of the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. Purpose of Assessments: The assessments levied by the association shall be used exclusively for the following purposes, to -wit: improvements and maintenance of the "Common Areas", specifically including, but not limited to, payment of any real estate taxes, repairs and removal of snow from association -owned and maintained parking areas and streets within said subdivision, maintenance and repair of any drainage and detention facilities, maintenance of street lights and payment of all utility charges therefore, maintenance and repair of utility and drainage easements; maintenance, services and facilities devoted to the aforesaid purposes (including but not limited to maintenance of the private water lines) and expenses related to the use of and enjoyment of the "Common Areas"; and further, for the purpose of promoting the recreation, health, safety and welfare of the residents in the "Common Areas" of Copperfield Section 1. Section 3. Basis and Maximum Annual Assessments: Until January 1 of the year immediately following the conveyance of the first lot to an owner (until January 1 of the year immediately following the conveyance of the first lot to an owner other than a conveyancer of said lots to Oakcrest Properties, L.L.C. by Declarant) the maximum annual assessment shall be $ 440 - O O per lot for all Lots 1— 29 inclusive. (a) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment per lot 4 C=) CO C11 may be increased above that set forth hereinabove by a vote of the members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of 2/3 of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days or more than 60 days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the association is authorized to participate under its Articles of Incorporation. The maximum annual assessment hereunder shall be subject to the limitations set fourth in paragraph (c) infra. (b) After consideration of current maintenance costs and future needs of the association, the board of directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the "Common Areas", specifically including but limited to maintenance, repair and improvement of any association —owned parking areas and street within said subdivision, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of 2/3 of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authorized Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast 67% of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be '/z of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. Date of Commencement of Annual Assessments — Due Date: The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the first lot to a grantee other than Oakcrest Properties L.L.C. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The board of directors shall fix the amount of the annual assessment against each lot at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the board of directors. The association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the association, setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If R I the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the association may bring an action at law against the owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose said lien against property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. As an additional remedy for delinquent assessments, if the assessments remain delinquent for 60 days, the association may cut off the water supply to the property and impose a fee not to exceed $ to turn the water on when the assessments are paid. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his lot. Section 8. Subordination of the Lien to Mortgages: The lien of the assessments provided herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any lot. Sale or transfer of any lot shall not effect the assessment lien. However, the sale of transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) Any property owned by the association; (b) All properties dedicated to and accepted by a local public authority; (c) Any and all lots owned by Declarant, its successors or assigns (specifically including the intended Grantee of said lots, Oakcrest Properties L.L.C.) for which a final Certificate of Occupancy has not been issued by the County of Frederick, Virginia or such other agency having jurisdiction thereof; and (d) All properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 10. Failure to Maintain "Common Areas": In the event that the association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the County of Frederick Zoning Ordinance. The County of Frederick Zoning Ordinance and any and all amendments thereto is by this reference made a part hereof as if set out in full. Section 11. Dissolution of the Association: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created or for general welfare of the residents of Copperfield. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the members of the association as tenants in common. ARTICLE VI RESTRICTIVE COVENANTS 6 CD 0 The lots in Copperfield (Lots 1 through 29, inclusive) shall be subject to the following restrictions, which are constituted covenants real to run with the land. 1. All lots shall be used for single-family residential purposes only. No townhouse may be modified to provide for a garage thereto after such townhouse has been erected. 2. No profession or home occupation shall be conducted in or on any part of a lot; provided, however, that Declarant, its successors and assigns (specifically including its intended Grantee, Oakcrest Properties, L.L.C.) reserves the right to use one or more of said lots or a portion of the "Common Areas" for business purposes in connection with the development, sales and operation of said townhouse subdivision. 3. No signs or advertising of any nature shall be erected or maintained on any lot except "For Sale" signs for said lot which signs shall not exceed five (5) square feet in area, or signs used by the Declarant (and its intended grantee, Oakcrest Properties, L.L.C.) to advertise the property during construction and sale. No "For Rent" signs shall be allowed on any lot. 4. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks, or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/ ton (or less) vans) shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. Ownership of each lot shall entitle the owner thereof to the use of not more than two (2) vehicular parking spaces which shall be as near and convenient to said lot as reasonably possible, together with the right of ingress and egress upon said Parking Area. 5. No vehicles shall be parked in an area other than the parking lots constructed by Declarant in Copperfield Section 1. No motorized vehicles of any kind shall be permitted upon any areas within said subdivision except for the streets and parking areas constructed by Declarant. No right of vehicular access shall exist across any lot in said subdivision except for those areas upon which streets or parking areas have been constructed by Declarant. 6. No animals of any kind (including livestock and poultry) shall be permitted on any lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers: and further, provided that no dogs shall be permitted to run at large without restraint in said subdivision. No dog may be tied and left unattended outdoors. Further, no doghouses or other structures housing any animal shall be allowed on any lot whatsoever unless the lot is improved by a privacy fence. 7. There shall be no fencing or hedges in the front of any of the townhouse units and all fencing to the rear of the townhouse units shall be attached to the individual unit, and be of one inch by six inch pressure -treated lumber on both sides of a board -on -board fence not higher than six feet; and provided further, that there must be a gate at the rear to allow access to the back yard. No fence shall be constructed until the board of directors of the association shall have approved the same. I 8. No noxious of offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 9. In the event that a dwelling is destroyed, the owner of the dwelling within thirty (30) days from said destruction, shall clear away the portion of the dwelling unit and maintain the lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 10. Each owner shall keep all lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an owner of any lot in Copperfield Section 1, shall fail to maintain the premises and the improvements situated thereon as provided herein, the association, after notice to the owner as provided in the Bylaws and approval by two thirds (2/3) vote of the board of directors, shall have the right to enter upon said lot to correct drainage and to repair, maintain and restore the lot and the exterior of the building erected thereon. All cost related to such correction, repair or restoration shall become a special assessment upon such lot. f 11.The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one of the owners. If a party wall is destroyed or damaged by fire or other casualty, any owner who has use of the wall may restore it and if the other owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the owners under any rule of law regarding liability for negligence or for willful acts or omissions. 12. Notwithstanding any other provision of this Article, an owner by his negligence or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any owner to contribution from any other owner under this Article shall be appurtenance to the land and shall pass to such owner's successor in title. 13. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incubators or other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the date of garbage pickup. 14. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical and telephone wires. 15. No baby carriages, bicycles or other articles of personal property shall be deposited, allowed or permitted to remain outside of any townhome except in the enclosed rear area. The association shall specifically have authority to 8 I impound all such articles to remain outside in violation of this provision and to make a charge for the safekeeping and return thereof. 16. No exterior clothesline, or hanging device shall be allowed upon any unit, except for an umbrella -type one with a diameter not exceeding seven (7) feet, provided same is located in the rear of the unit. No clothes, or other washing, shall be dried outside except during the hours from 7:00 a.m. to 7:00 p.m. 17.The color of the paint on the exterior of every building on each lot shall be the same as the original color unless approved in writing by the Copperfield Homeowners Association. 18. No building, structure, addition or exterior alteration (including basketball backboards, rims and nets) or improvements of any character shall be constructed upon any lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Copperfield Homeowners Association as being in harmony with the whole subdivision, especially the adjoining townhouse unit. 19.If in the construction of any dwelling by Declarant there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant lot. 20. No lot upon which a townhouse has been constructed shall be further subdivided or separated into smaller lots by any owner and no portion less than all of such lot, nor any easement or other interest herein, shall be conveyed or transferred by an owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. 21.All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen 0 5) years from the date of this instrument and shall be renewed automatically for additionally successive ten (10) year periods unless the owners of a majority of lots in Copperfield Section 1, shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 22.The invalidation of any one of the covenants or restrictions contained herein by judgement or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Declarant herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. The Declarant reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, and restrictions as to the sale or transfer of any future lot or lots except that it cannot change the provisions concerning open space easements without the permission of Frederick County and except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions, and conditions upon any other lots. The Declarant does further reserve the right for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions as to the sale and transfer of any future lot or lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 9 ARTICLE VII EASEMENTS Section 1. Public Utility and Drainage Easements: The property dedicated hereby is subject to those certain easements or rights of way designated as Drainage Easements, Gas Easements and Utility Easements on the aforesaid plat of Copperfield Section 1. The Declarant does hereby grant and convey unto the County of Frederick, Virginia, or other agency having jurisdiction thereof, a perpetual right of way or easement for the maintenance facility designated on the aforesaid plat as Water Easements, Sanitary Sewer Easements, Gas Easements and Utility Easements. Section 2. Reservations: (a) The Declarant reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water and television lines and related equipment, and other utility equipment where such utility lines and equipment are located within the easements set forth on the final plats of Copperfield Section 1, and other "Common Areas," as needed, provided that such easements shall not interfere with the use and enjoyment of the "Common Areas." (b) The Declarant further reserves unto itself, its successors or assigns, for a period of five (5) years from the date of conveyance of the first lot in Copperfield Section 1, a blanket easement and right on, over and under the ground within said subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes, or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the Declarant shall restore the affected property to its original condition as near as practical. The Declarant shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the Declarant an emergency exists which precludes such notice. Reservation by Declarant of such blanket easement and rights contained herein shall not, in any way, obligate Declarant to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Declarant therefore. ARTICLE Vill GENERAL PROVISIONS Section 1. Enforcement: The association, its successors or assigns, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the association, its successors or assigns, or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the association, its successors or assigns, or any owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, 10 and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the association, or the owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifteen (15) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years, as described under Article VI, Restriction No. 21, supra. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than seventy-five percent (75%) of the lot owners (excluding the Declarant.) Any amendment must be properly recorded. Section 3. Dissolution: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created. In the event such dedication is refused acceptance, such assets shall be granted, conveyed or assigned to any non-profit organization, for similar purposes. The dedication and subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned Declarant of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia, or other agency having jurisdiction thereof. The designated "Common Areas" are not dedicated hereby for use by the general public but are dedicated to the common use and enjoyment of the homeowners in Copperfield Section 1, as provided hereinabove. WITNESS the following signature and seal: J mes T. Vickers, Managing Member Oakcrest Properties, L.L.C. STATE OF VIRGINIA City of Winchester, to -wit: Acknowledged before me this '� _ day of , 2001, by James T. Vickers, who is the managing member of Oakcrest Properties, L.L.C., on behalf of the company. My commission expires: • J/, 0200/ 7 - Notary Publ' I 659 l I Project Area I c 0 Rt. 744 I 0 4 Cr 0 VICINITY MAP 00 t SCALE: 1'=200V APPRQD BY, FREDER/GYC COUNTY SAN/TA 770N AUTHORITY DA TE VIRGIN/A DEPARTMENT OF TRANSPORT77 DA Mr. ' O! 4-1 p o f S IBD/VISION ADMINIVRA TOR DA 7E OWNER'S CONSENT THE ABOVE AND FOREGOING SUBDIW-901V OF 7HE LAND OF OAKCREST PROPER77ES, L.L C, AS APPEARS IN THE ACCOMPANYING PLATS, /S WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF 7HE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, lF ANY. OAKCREST PROPER77ES, L.L.C. BY �— /c0_ D/ DA TE NO TAR Y PUBLIC STATE OF -Vim , n�n Cl TY OUN OF P rr11 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 0 ' I V ' U 1 DA TF V I 0 S 1(`" (-C BY - ON EHALF OF OAKCREST PROP£RA£S, L.L.C. �--4 -,G� iMY COMMISSION EXPIRES " � (J (NOTARY PUBUC) SUR VEYOR'S CER TIFICA TE / HEREBY CER77FY 7HAT THE PROPERTY CONTAINED IN THIS SUBD/VIS/0V IS THE SAME PROPERTY, /N /T5 EN77RETY, 7HAT WAS CONVEYED TO OAKCR£ST PROPER77ES, LLC FROM RUDOLPH PRCP£R77ES, L.LCC, BY DEED DA7ED NOVEMBER JO, 2000 AND A POR776N Or THE PROPERTY 7HAT WAS CONVEYED TO OAKCREST PROPER77ES, L.L.C. FROM BOWMAN 7RUCKING COMPANY, INC. AND FRED L GYA/ZE, /II BY DEED DA 7FD JANUARY 19, 2001, SAID DEEDS RECORDED /N 7NE oFfix OF 7HE 01Cm Or 7HE CIRCUIT COURT OF f74E0£R/CK COUNTY, NRGIN/A AS INS 7RUMENTS 000012581 AND 010000568, RESPEC77VFL Y. ,TH OF Ll FINAL PLA T OF SUED/ IWISION COPPERFIELD SECTION 1 P. Duane Brown SHAWNEE AIAG/S7ERIAL D/S7R/CT No. 001285 March 30,2061 FREDERICK COUNTY, VIRGIN/A DA ME: MARCH 26, 2001 t.4 sURAs404 MARSH & LEGGE 5� C� VIRGINU 222601 Land Surveyors, P.L.C. PHONE �5540)0 667-0468 O O iV EASEMENT LINE TABLE No DIRECTTON DIST L 1 N 835657" E 20.00' L2 S 06 b3'03" E 20.00' L3 S 83-5657" W 20.00' L 4 N 1573'07" E 20.00' L5 S 74'36'53" E 328.03 L6 S 0077'06" W 20.70' L7 N 74'3653" W 333.37 L8 N 0077'06" E 15.49' L9 N 747110" £ 137.97' L 10 S 10ti1'57" E 20.10' L 11 S 7471'10" W 120.95' L 12 S 0077'06" W 0.50' L 13 N 89' 254" W 20.00' L 14 IN 0027'06" E 116.87' L 15 N 89 32'54" W 30.00' No DIRECTION DIST L 16 S 0027'06" W 112.57' L 1.7 S 89 3254" E 15.00' L 18 S 0027'06" W 25.00' L 19 N 893254" W 45.00' L20 S 893254" E 57.48 L21 N 62*07'43" E 69, 98' L22 S 03W'03" W 23.52' L23 S 62 *07'43" W 62. 65' L24 N 8932'54" W 62.52' L25 N 0027'06" E 20.00' L26 S 0027'06" W 0.75' L27 N 8932'54" W 20.00' L28 N 0077'06" E a 75' L29 S 8932'54" E 20.00' OUR VE TABLE o RADIUS I ARC I DEL TA I TAN I BEARING I CHORD C1 1594.97' 278.97' 1OV-07" 139.84' S 717754" E 278.62' C2 1564.97 293.72' 10-45'13" 1 147.29' N 71 V5'56" W 293.29' AREA SUMMARY AREA IN LOTS N 1.5312 ACRES AREA IN R/W D£DICA TION N 0.6314 ACRES AREA IN PARKING N 0.5944 ACRES AREA IN OPEN SPACE N 1.2046 ACRES TOTAL AREA SUBDIWOED N 3.9616 ACRES NUMBER OF LOTS N 29 A VERAGE LOT SIZE N 2,300 SO FT SMALLEST LOT SIZE 2, D00 SQ FT PIN 54-2-4 RESIDUAL AREA N 3.12 ACRES THE PROPERTY REPRESENTED HEREIN IS THE SAME PROPERTY SHOWN ON FREDERICK COUNTY TAX MAP 54-2 AS PARCEL 3 AND A POR77ON OF PARCEL 4. IRON RODS ARE TO BE SET A T ALL CORNERS NOT PREWOUSL Y MONUMENTED. MINIMUM SETBACK REQUIREMENTS.- EVS77NO ZONING. RP MINIMUM FRONT SETBACK = 20' FROM PARKING AREA EXISTING USE vACANT MINIMUM BLDG. SEPARA770N — 30' SIDE PROPOSED USE TOWNHOUSES : 50' FRONT AND REAR PERIMETER BOUNDARY SETBACK — 35' FROM ST.4 7F ROAD R/W — 50' REAR IRF DENOTES IRON ROD FOUND ALL PROPERTY OWNERS IN COPPERFIELD ARE REQUIRED TO BELONG TO THE COPPERFIE.D HOME OWNERS ASSOCIA 7TON. THE ASSOCIA 77ON IS 7HE OWNER OF ALL OPEN SPACE AND PARKING AREAS AND IS RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS ALL PROPERTY OWNERS MUST PA Y AN ANNUAL ASSESSMENT FOR THIS MAIWENANCE. THIS FEE AND ALL OTHER RULES OF TH£ AS50CIA 77GV ARE SET FORTH IN THE RESTRICTIONS AND COVENANTS A 77ACHED HERETO. FINAL PLA T OF SUBDI VISION COPPERFIELD SECTION 1 SHAWNEE MAGISTERIAL DIVRICT FREDERICK COUNTY, WRGINIA DATE MARCH 26, 2001 TH Op- P. Duane Brown No. 001285 K,D suRv��o4 MARSH LEGGE. 560 NORTH LOUDOUN STREET WINCHESTER. VIRGINIA 22601 Land Surveyors, P. L. C. PHONE �540)667-0468 FAX 540) 667-0469 U4 EX TRACT UNE _ 4. FEREBY VACATE/ GRAPHIC SCALE N/F SATIM ENTERS INC. DO 956 PG 1663 PIN 54-2-1 ED: RP USE: PROP. APARTMENTS OAKCREST PROPERTIES; L.L.C. (REMAINDER N 3.12 ACRES) KEY MAP SCALE. 1 '--100' 110 S so goo 20 1 Inch 100 ft. FINAL PLA T OF SUBDI WS/ON COPPERRELD SECTION 1 -wAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGYNIA DATE: MARCH 26, 2001 BROOK M HEIGHTS HOI E000S ASSOC., INC. DB 742 PG 186 PIN 548-2-3-244A OPEN SPACE TH OF L l� P. Duane Brown No. 001285 Marei� 80,,�01 d4�� BURv�'�o4 MARSH & LEGGE 5WWNORTH LovDOVN STREET R, VIRGINIA 22801 Land Surveyors, P. L. C. PHONE �540)667-0468 FAX 540 667-0469 GPS NORM I � I ~' I I� Ii I I� lRF W W WZ W IW d i � W LQ rid ION W � I 21 LOT 9 " SEE SHEETS F 6 I I 'm LOT 8 N I h OPEN SPACE 0.6488 AC V N S 1523'07" W 100.00' 20 SETBACK I I LOT 7 LOT 0 — 2,725 S F7, " N 100.00, N h I l o LOT 19 N 2, 000 SQ FT$ Q I N 100.00 N J $LOT 18 N 2 000 S FT$ ��I IJ LOT 6 N 10_0.00' N � � � I to LOT 17 N 2,000 SO FTo W LOT 5 0 I N 100.00 N ^ � ( I N D LOT 16 N 2, 725 SO FT^ ( I LOT 4 N � No N 1523*07" E 100. 00' I LOT 3 W OPEN SPACE 0.6488 AC I = N S 1523'07" W 100.00' `r�o LOT 2 y o' I � LOT 15 N 2, 725 SO FT^ b N 100.00, N LOT 1 W o$' LOT 14 N 2,000 SO FT o N 100.00 N 3 I h I LOT 13 N 2, 000 SO FTo 10_0.00 5Q P� N �/LCo c LOT 12 N 2, 725 S FVI TC _ 0 0• L4 3 N N y 364-0 ' N 157307" & 10 .00' ram, •"� 135' SETBACK + 20'x20' OPEN SPACE 0.6488 ACEASEMENT 03603 ' E r� C ,ya� 5 403•'° 30 � 65 � N G Q 5 isA,° S TE 6 , �" W pE� ACRE R�63� 06'0303�A 5 EAsE / i 0• NNE S�E0 E 5 j N0 NG95 3� / OKRA R�W ( Bpp�- 6RO 60� p j -r� GRAPHIC SCALE Ex. NAIL FOUND / 4i I zI 4I I 1 Inch - 40 ft. FINAL PLA T OF SUBDIOSION COPPERRELD SECTION 1 SHAWNEE MAGIVER/AL D/S7R/CT FRED,ERICK COUNTY, NRGIN/A DATE. MARCH 26, 2001 SCALE.- 1 "= 40' _ TH OF D P. Duane Brown No. 001285 Mo�� 9o,2no1 lq -b svRv��o4 5HE P S26MARSH & LEGGE �STEVMGWA201 Land Surveyors, P.L.C. PxONE FAX �540) 667-0469 9 44114 elk-- 60, 41j' \ \ Ib 91 FFO �NG,QF FiQ 0 N � VSo _01 00 � ?p��101 00041 O/ � F � CV o ^ p `� ° OPEN SPACE d �' ti '� $, ry• �` 0.6488 AC EX. 20' UTIUTY EASEMENT ( REBY DEDICATED TO1F.C.S.A v O N h ,4,9° AS A WATER ?>?S• �/ O /� �• 66.00 EASEMENT c3 C� �¢3 SO`.�p `y oo ? o � S o � in � F� 20 S4NI40r Ll �IIDyT L15 O It0 W O J 7,� I W `/ W y O C/ Q V ���� 'J �h I � O 0 Ali S 89 3254" £ 100.00' L12 O' SETBACK N LOT I 25 N 2,725 SO FT^ h N 100.00 N LOr 26 000 S 2� Q FT 2' 1 100.00, N 2 L OT 27 N 2, 000 SO FT $ co J W 100. 00, N Irq 2 LOT 28 N 2,000 SO FT 2- 2 100.00 N h 27.25' I2 NL 0 T 29 N 2, T u� jSQ 89;32'54" W00. 00' �1 LLU SANITARY SEWER L19 L24 h w 3 �Q 9 254 W EX. 20' UTIUTY EASEMENTf (DB 688 PG 331) HEREBY DEDICATED TO F.C.S.A. OAKCREST PROPER77E!� L.L.C. AS A SANITARY SEWER EASEMENT (REMAINDER N 3.12 ACRES) GRAPHIC SCALE 40 0 20 40 so 1 inch 40 ft. FINAL PLA T OF SUBDIVISION COPPERF/ELD SECTION I SHAWNEE MAGISTERIAL DISTRICT FR£DERICK COUNTY, ORGINIA DA TE. MARCH 26, 2001 SCALE 1 "=40' Av,TH Op- P. Duane Brown No. 001285 Mar�l� 80,�00� d9XA SUit, �'�04 MARSH �� LEGGE 5� HES LOUDOUN VIRGINU 22601 Land Surveyors, P. L. C: PHONE 667-0468 FAX �540) 540) 667-0469 0 0 rn SEE SHEET 5 OF 6 /L14 _ �\ OPEN SPACE a5558 AC Uj !O�• / 0 �ry !Ol �BAgY !y r to `� ►� ?� 1. 00 ! �o op00 ti goo, Op0 ti' , l p�., ,00' S_ F� oo 41 1 1 h ry O 0 h i 1MM� 'J 1• 1� ,v Q C� �a O� i GRAPHICISCALE "Ue 'v 1 inch f 40 ft. OPEN SPACE 0.5556 AC .y 1 M . 1 S 06�3'03" E 364.Oi'' R/W 'DEDICA TION ° 0.6314 A CRIES ►° N 06'0J 03 W 40,3.10 BROOKLAND LANE> �- ,,...,,VA'.�5EC RTE 658 EX. 60' R/W (INGRESS -EGRESS EASEMENT) DEED BOOK 377 PAGE 589 FINAL PLA T OF SUBDI14SION COPPERFIELD SECTION 1 SHAWN££ MAGISTERIAL DlsmlCT FREDERICK COUNTY, WRGINIA DATE- MARCH 26, 2001 SCALE. 1 =40' TH OF D {,Q CY-5 -4,Ouat�� P. Duane Brown No. 001285 Marc% 36, Z" 1 l�ND SURv�'��4 ET MARSH & LEGGE SWINCHESTER, VMGINIANORTH LOUDOUNS22801 Land Surveyors, P. L. C. PHFAAX NE �540) 687-0469 I �� rurruivarirruu� � �■ moo. �� � �� /�/i�1►i � � � • /i��♦I/// ,IIIIIIII APPROVED Y FRM&WCKCO6NTYSAh7TAi70NAU7H0ffTY / WRGINIA DEPARTMDVT OF 7R,4N5P0RTA/ ..fir %�* DA X• AS APPEARS IN 7HE ACCOWPANKNG PLA M Is w7H 7HE FREr/ sa / ACCORDANCE W7H THE DE.7RES OF 7HE UNDERVGNED OAWDZS PR0PAVF7VRj/ .7 04KCREST ./.E. v r /. NO ,' Y PUBLIC STAXOF i aTylcouiv. . ,/ L 7HE FOREGOiNG 1NSlR7UAWjW WAS ACKNOW-EDGED BiTCRE ME ON IJAo /L/,400/ / am :7 OF cAmwsr ../.E MY COMMISSION &`PYRES RCA INC / FRED L GLAIZE,DEED DA 7FD JANUARY 19, 2001,/ DEED RECORD0 IN THE acF7CE susawsloN COPPERRELD• ' SEC I s DuaneP. i • MAGWERIAL DISTRICTNo. i fREDERICK COUNTY,• DATE: // •� i 1 2514 ` 1 580 NORTH LOUDOUN STREET MARSH & LEGGE WINCHESTER, VIRGURA 22601 Land Surveyors, P. L C. FAX 540) .: :• -7, LINE BENiNC DISTANCE L1 S W7rOlr W 133:55 L2 S 83w5Y W 29372' L3 N 0mor W 20.00' L4 I N 83W5f E 2750 L5 N 6DVV E 115. L6 S 7774'49' E 176.92' U N 83W57' E 15LW L8 S 71'S5'5r E 48.34' L9 S 090Y E 47.79 U0 S 48W10' W 91.23' L11 N 41MI0' E 108.98' L12 N 07750f W 24 4 U3 N 715556' W 31.45 L14 S 83W5r W 1 U5 N 77744W 173.45 U6 N 8M5r E 2D.00' U7 S OnSOr E 351,1 U8 S 83'S6'57' W 20.00' AMA sUMMARr AREA /N LOTS N L45M ACRES AREA /N R/W DEDICA7TAN - Q2106 ACRES AREA IN PARKING N Q55 0 ACES AREA /N OPEN 9°ACE N Q9195 ACRES 727TAL AREA SlBDI14DED N J 1161 ACRES NUMBER OF LOTS N 2B A KNAGE LOT -92E N z259 so FT swALLEST LOT aw 2000 so FT THE PROFE??TY REARiESDHED HDWN IS SWOWN AN FREOMCK COUNTY TAX MAP 54-2 AS PARCEL 4. /RAN RODS ARE 70 BE SET A T ALL CORNERS NOT PRENoum Y MQNUMENTFO. AMIMUI/ S F M CK m EXISTING ZAN/N&% RP MIN/MUM FRONT SETBACK = 20' FROW PARKING AREA EXISANG USE• VACANT MINIMUM &Da SEPARAVON - M' SyD1E PROPOSED USE TOWNHOUSES - 50' FRONT AND REAR PD METER BOUNDARY SE1b W - J5' FROV STATE ROAD RIV - 50' REAR /RF DENOTES /RAN ROD FOUND ALL Py?OFE1PTY OWNERS /N CORFE?*7AZD ARE REQUIREDiv 60E7.GWG rO THE CORPOW7AZD HOVE OWNERS ASSa00A77M THE ASSOCIA77AN IS 7HE OWNER OF ALL APOV SPACE AND PARKING AREAS AND IS R1ElW W9KE' FAR 7HE MAINTENANCE OF 7HOSE AREAS ALL PROPERTY OWNERS MUST PAY AN ANNUAL AS5ES9VENT FOR mis MAivia ONCE mis Fir AND ALL 07tIER RULES or mi, ASSOCIA ARE SET FOR7H IN THE RES7RICDWS AND COVENANTS ATTACSHED HOWM FINAL PLAT OF SUBDI W901N Tx OF r'l ram' COPPERRELD SECnoN 2 9 P. . Duane Brown .SHA MEE MAGWER/AL DISMICT No. 001285 FREDER/CK COUNTY, VIRGIN/A June- &, Zooi DA TE.• AINE 5, 2001 o4 ld*D 3Ult-4 MARSH 8c LEGGE C ��STREET Laud Surveyors, P. L. C. PHONE66704640; 66-9 BROOKLAND HEIGHTS HOMEOWNERS ASSOC., INC. DB 742 PG 186 PIN 54B-2-110B ZONED: RP USE: OPEN SPACE .- t �,Wjy ,o E X/ s T- G l T/ON 1 N �O Z O Z I cv G, I Z -C n OO I -4 w m .P - J I PATRICIA M. PREVOST DB 735 PG 738 PIN 548-2-3-188 ZONED: RP USE: RESIDENTIAL BROOKLAND HEIGHTS HOMEOWNERS ASSOC., .-INC. DB 742 PG 186 PIN 548-2-3-244A ZONED: RP USE: OPEN SPACE SHEET 4 v FT.74rEAW-1 N/F , I RICHARD B. AND ANNABELIF L LOY i ; DB 377 PG 673 ' I PIN 5' . RESIDENTIAL ZONED RP U RNAL PLAT OF SUMWS✓ON COPPERF/ELD SEC77ON 2 SHA WEE MAGMER/AL DISTRICT FREDERICK COUNTY, NRGYN/A DA TE: XNE 5, 2001 OPEN 0 100 0 100 200 SCALE: 1 " = 100' TH OF y l� r� q I �,4� P. Duane Brown No. 001285 .lone &,tool t°'0D SUitvsAo4 MARSH & LEGGE VWUSMW Tand Surveyors, P.L.C. PHFAX (5 0) 667-0469 o �� W N� SEC 71 oM 1 J019' 30.0' �A� (Q.ts AC) N 833657' E 114.50' 21.50' /I I -- � ..25rc-s r', OIO' 00' 27.25' 27.25' 5' SETBACIJ Z O O y Z O cn o- �o 27.25'' MOO mO 2Qb 27..25' s 8.3Ws7' w 114.50' S — ----- L4 --- 1 20' SANITARY SEWER EASEMENT �'JQ'Q LANE I v I $� L16 �' ?p _ = r �� N 8�358 S m E I'S4.50� S£MEHT N 8.336'S7' 1 9-11 " iI ,27.25' 00 N O ff • ti ol I Iton 1 ' I �K I 27.25 lRF4 30'01y 40 0 40 80 SCALE: 1 " = 40' 27.E w� I�'��1 1 I C I "1 a- .00 MOO V OO 27..25' 21.50' 27.2520.00 --------- - N/F S8JM' 5'W RICHARD B. AND ANNABELLE L. LOY DB 377 PG 673 PIN 54-2-5 ZONED: RP USE: RESIDENTIAL RNAL PLA T CF SUBDI WSM COPPERF/ELD SECnON 2 SHA MEE MAG✓STFR/AL DIS7MCT FREDERICK CO INTY, VIRGINIA DA 7E. XNE 5, 2001 A TH OF G o f� a P. Duane Brown No. 001285 IL June lo,2oai Z,�ND 3URv���4 & LEGGE NORTH MA � 22601 Land Surveyors, P.L.C. ' PHONEFAX 40; 667-046 � / f SEC/O 510.05' � (___ i MOO 27..25' � O O y I 20 -- -4 �I 2Q010 27..25. a I 114 50' I 20' SANITARY SEWER EASEMENT L7 _ 20' DRAINAGE EASEMENT J %_f_F__-1 H$HgH$H ice,, 41 Al A zuuvlzu�,zuuv1 'C'0�- cu V S iTT1.34--50 � 46a02' ' N/F 13a RICHARD B. AND ANNABELLE L LOY DB 377 PG 673 PIN 54-2-5 ZONED: RP USE: RESIDENTIAL 'rN zac� Sao h � AT y N 8932 . l� 1aIRGY!' 3 (0-5810 IN is 1 _ 50' SZM78ACK </ OPEN SPACE BROOKLAND HEIGHTS HOMEOWNERS ASSOC., INC. 112-06" DB 742 PG 186 IRF PIN 548-2-3-244A ZONED: RP USE: OPEN SPACE nNAL PL4 T of, sum wgav COPPERRELD SEC77ON 2 SHA MEE MAGISTERIAL DISTRICT FREDERICK COUNTY, WRG/N/A DATE.• XNE 5, 2001 40 0 40 :0 SCALE: 1 ,0 O ,ram 9 P. Duane Brown No. 001285 .inns Co, ton/ t�ND 3UIt'gs 1 MARSH & LEGGE - ��SIMM Land Surveyors, P.L.C. pH 506609FAX () 7-. Bank f Clarke County 40 WEST PICCADILLY ST IRREVOCABLE LETTER OF CREDIT BANK AGREEMENT BENEFICIARY: Permittee: Planning and Development County of Frederick 107 N. Kent Street Winchester, VA 22601 Date of Issue: April 5, 2001 Expiration Date: April 5, 2002 Issuing Bank ABA No: 051402518 WINCHESTER, VIRGINIA 22601 AMOUNT: $500,000 ISSUING BANK: Bank of Clarke County ADDRESS: 2 East Main Street Berryville, VA 22611 We hereby issue our Irrevocable Letter of Credit No. 7-01 in favor of the County of Frederick, Virginia, for the account of OakCrest Properties, LLC , its agents, successors or assigns for a sum not exceeding Five Hundred Thousand U.S. dollars 500 000 available by your sight draft on the above stated Issuing Bank and accompanied by documents stated below: A certified statement signed by the Zoning/Subdivision Administrator or an authorized representative, stating that OakCrest Properties, LLC has not satisfactorily completed the construction of , and/or satisfactorily maintained, all physical improvements that include, is not limited to , streets, curbing, gutter, sidewalks, and other required improvements located in or on Copperfield , the approved subdivision or site plan. A statement signed by the Zoning. Subdivision Administrator or his representative that: "The drawing is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 144, Subdivision Ordinance, and/or Chapter 165, Zoning Ordinance, of the Frederick County Code and pursuant to the agreement of the Subdivider, Developer, or his agent to comply with said ordinance as a condition of the approval of the subdivision or site plan to the satisfaction of the Zoning/Subdivision Administrator." We hereby engage with drawers, endorsees and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of the above documents. This Irrevocable Letter of Credit shall remain in full force and effect for a TEL: (540) 662-7470 1-800-650-8723 FAX: (540) 662-7378 www.bankofdarkc.com minimum of one (1) year from the date hereof and shall be automatically extended for additional terms of six (6) months from the present or future expiration dates, unless sixty (60) days prior to such date or dates, the above named bank or financial institution issuing the instrument, notifies the County in writing by certified mail, that they elect not to renew the instrument for such additional period. During the last thirty (30) days while this Letter of Credit is in force and effect after notice of termination has been given, the County may draw up to the full amount of the sum when accompanied by a document stating that OakCrest Properties. LLC has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow, and a document stating that "The drawing will be held in the County for the sole purpose of for the completion and/or maintenance of the site plan and/or subdivision requirements to the satisfaction the Zoning/Subdivision administrator or his authorized representative". This credit shall be terminated upon the Zoning/Subdivision Administrator or his authorized representative giving written release to OakCrest Properties, LLC stating that they have satisfactorily performed and fulfilled the obligations and requirements of the subject site plan. Attest: l Authorized Signature r"7 �AW5,J 1, Typed or Printed Name Title 4-09-2001 6 : 47Ah1 FROM UAKCRES f 6U 1 LUERS 540 662 tsd2b P. 2 0 2055 Valley Avenue Winchester. VA.22601 540-722.4100 Building Ruattty Homes Sinew 1974 April 9, 2001 Mr. Mitu Non Mr. Iiat Doran l+raWck County Puff and Recrestiotr Depmrmem 107 West Kent Street Wtnabster, VA 22601 Dew liar. Hat and Mr. Dutatt: This le tW is to %flow up on the conversa6m that Mr. Hott had with Nlr. Vickers on April S, 1999 regarding the CopperfmW subdivision. We would like to propose that the Ric. Hails required for Cogpertietd be installed as follows: 1. One walkibike trail insLalled befween left 1:-11 and lots 49-57 ©ktcnding fi m Btookland lane down to extra parkin *Gem —Value - $5,4©4 00 1 2. One large Modular Playsystem between lots 24 and 25. - Vault: - $25,OW i The "line of ttte above will be actual to two "amenities- regiu ems. If you �W m wabthis ac mSemeett please retaty yota ac im ledpient to Patrick Davenport with Frederick County ?porting Dtatraent, if you Have any questions or oomms, please call W Vickers or myself at 722-4100. Tbanikt so much for your hasp► Sincerely, DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG, VA 22824 JERRY A. COPP COMMISSIONER i RESIDENT ENGINEER April 2, 2001 FAX (54 )�9844---56070 Mr. P. Duane Brown, L.S. Ref: Copperrleid, Section 1 Plat C/O Marsh & Legge Land Surveyors, PLC Route 658, Brookland Lane 560 North Loudoun Street Frederick County Winchester, VA 22601 Dear Duane: A VDOT review has been completed on the final plat dated 03/26/01 for the referenced project. The plat appears to reflect the information shown on the approved project plans and is therefore approved by this letter. We understand plats are being prepared for an additional 30' right-of-way dedication to achieve a total 60' right-of-way. We are returning four (4) signed copies of the plat to your office, one copy is being retained for our work file. Please provide one copy of the plat of dedication fully signed and recorded at the appropriate County Clerk's Office prior to the issuance of any land use permit from VDOT. If there are any questions, please feel free to call. Sinc y, to A4+ Barry J. Sweitzer Trans. Roadway Engineer BJS/rf Enclosures xc: Mr. Dave Heironimus Mr. Evan Wyatt For: Steven A. Melnikoff Transportation Engineer RECEIVED APR 0 4 2001 DEPT. OF PLANNING/DEVELOPMENT WE KEEP VIRGINIA MOVING f COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 March 19, 2001 Mr. Ronald Mislowsky G. W. Clifford & Associates, Inc. 200 N. Cameron Street Winchester, Virginia 22601 RE: Copperfield Site Plan Review, Copperfield Subdivision Design Plan #04-01 Review and Review of Final Plat of Copperfield Subdivision, Section 1; PIN 52-2-3 and 52-2-4 Dear Ron: I have conducted a second review of the subdivision design plan/site plan received in this office on March 5, 2001. The plans were to reflect review comments made by Mr. Eric Lawrence in a letter dated February 5, 2001. To expedite the approval process, I am also providing review comments for the advanced cony of the final plat for Copperfield Subdivision, Section 1, received by this office on March 7, 2001 from Marsh & Legge Land Surveyors. Please address the following comments regarding the subdivision design plan/site plan: 1. The location of the proposed recreation areas have been provided. However, the layout and apparatus design for each recreation area were not included in the revised plan. Approval of recreational design must be obtained through the Parks and Recreation Department. 2. Provide section details for sidewalk. 3. Provide phased development boundaries including the proposed improvements for each phase. 4. Provide handicapped parking space striping plan details. 5. Confirm that the RP density requirements matches the approved Master Development Plan. 6. The proposed impervious area (45%) exceeds the impervious area allowed (40%). 7. Provide additional data on front, rear, and side building spacing. 8. Sheet 2 of 9: The names of adjoining owners on the east side do not match the proposed final plats. 107 North Kent Street - Winchester, Virginia 22601-5000 Page 2 Mr. Ronald Mislowsky Re: Copperfield - Site Plan Review, Subdivision #04-01, & Final Plat, Sect. 1 March 19, 2001 Please address the following comments regarding the final plat of Copperfield Subdivision Section 1: 1. Sheet 3 of 6: The adjoining property ownership information does not match Sheet 5 of 6 or the subdivision plan. 2. The setback lines are not depicted on any of the Sheets. Sheet 2 of 6: A reference should be added to include the minimum building separation for the front (add the words "and front" to the text line "50' rear"). 3. Property corners must be set for each lot and perimeter boundary points must be recovered or set. Add a note and/or symbols reflecting this requirement. In addition to dic information provided on the site plan/subdivision design plan, the final plat should include the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation. Additionally, a deed of dedication and an appropriate guarantee will be required prior to final plat approval. Mr. Ed Strawsnyder has indicated that a letter of credit in the amount of $435,000.00 will be required for the guarantee. I would also note that the site plan application and review fee have not been received. The site plan review fee will be $2,975. This application and review fee must be submitted prior to further consideration of the site plan and subdivision submission. Should you have any questions, I am available for further review of the subdivision site plan and preliminary plats prior to you gaining the approval signatures on the plats., Sincerely, Pau Patrick T. Davtnport Zoning and Subdivision Administrator PTD/rsa A\copper&e aaip rrww L-da.v4ie FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Evan A. Wyatt, Planning Director RE: !Refund - Overpayment of Copperfield Subdivision Plan Review Fees DATE: April 6, 2001 r Please issue a check in the amount of $2,975.00 payable to Oakcrest Properties, LLC. This amount represents an overpayment of the subdivision -plan review fees by the applicant for "Copperfield" subdivision. This amount was deposited with the Treasurer on April 5, 2001 under the Treasurer's Code ZASP and Finance Code GF1303-07. The customer's receipt number is 002165. Please mail the check to: Oakcrest Properties, LLC Attn: Mr. James Vickers 2055 Valley Avenue Winchester, VA 22601 Please advise, if additional information is needed. Thank you very much! EAW/rsa Attachments FILE: CAMyFiles\Memos & Correspondence\refund check request.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 t FREDERICK COUNTY 1 ARTMENT OF PLANNING & DEVE DEPOSIT REPORT FOR: April 5, 2001 FINANCE CODE/DESCRIPTION NET �Rl T TOTAL PRICE TREASURERS CODE GFG16X(rOL$OOKLET$ $c11fiAPS PCOI COMPREHENSIVE PLAN $0.00 11PC01 ADC MAP BOOK $0.00 PCO1 CAPITAL IMPROVEMENT PLAN $0.00 PCOI POSTAGE so.00 PCOl SHIPPING & HANDLING $0.00 PCOI MISC. LEGALILETTER SIZE COPIES/ $0.00 PCOI TAX NIAP (24" X 36-) $0.00 PCO 1 TAX MAP WITH ZONING OVERLAY (24" X 36") $0.00 PC01 ZONING INDEX MAP / $14.35 $0.65 $15.00 PCOI OTHER wool PCOI 10-1911028/ PROFFERS - WOODSIDE EST. 11/ $0.00 1013H 10-1911025/ PROFFERS - SARATOGA MEADOWS so.00 10BQ 10-1911033/ PROFFERS - VALLEY MILL ESTATES $0.00 lOCC 10-1911-0037/ PROFFERS - BRIARWOOD ESTJ LOT 104 & �/ LOT 106 S8,368.00 -- $8,368.00 IOCN 10-191108/SIGN DEPOSIT $0.00 1095 101616-02/ SALE OF AMENDMENTS $0.00 1095 1101-3002-000/ ZONING ORDINANCE $0.00 PCO2 1101-3002-000/ SUBDIVISION ORDINANCE $0.00 PCO2 GFG1303-07f APPLTATIONSIL�TAMr> CONDITIONAL USE PERMIT/ $0.00 ZASP MASTER DEVELOPMENT PLANT / $O.0 ZASP NON-RESIDENTIAL SITE PLAN/ DA -1-S IND. P - LOT 3 $1,300.00 $1,300.0 ZASP NON-RESIDENTIAL SUBDIVISION/ $0.0 ZASP RESIDENTIAL SITE PLAN/ COPPERFIELD �� $2,975.00 $2,975.00 ZASP RESIDENTIAL SUBDIVISION/ so.00 ZASP REZONING / $0.00 ZASP VARIANCE/ $O. ZASP APPLICATIONS -TOTAL $4,275_. $0. f4,275.0 CHECKS: I of �Q -t - CURRENCY: LESS CASH: TOTAL: r- PREVIOUS ENDING # � RECEIPT(S)#: OC) a 1 kO 1 - e`I COMMONWEALTH EALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG, VA 22824 JERRY A. COPP COMMISSIONER RESIDENT ENGINEER April12 2001 TELE (540) 984-5600 p FAX (540) 984-5607 Mr. P. Duane Brown, L.S. Ref: Copperfield, Section I Plat C/O Marsh & Legge Land Surveyors, PLC Route 658, Brookland Lane 560 North Loudoun Street Frederick County Winchester, VA 22601 Dear Duane: A VDOT review has been completed on the final plat dated 03/26/01 for the referenced project. The plat appears to reflect the information shown on the approved project plans and is therefore approved by this letter. We understand plats are being prepared for an additional 30' right-of-way dedication to achieve a total 60' right-of-way. We are returning four (4) signed copies of the plat to your office, one copy is being retained for our work file. Please provide one copy of the plat of dedication fully signed and recorded at the appropriate County Clerk's Office prior to the issuance of any land use permit from VDOT. If there are any questions, please feel free to call. Sin y, to Barry J. Sweitzer Trans. Roadway Engineer BJS/rf Enclosures xc: Mr. Dave Heironimus Mr. Evan Wyatt For: Steven A. Melnikoff Transportation Engineer WE KEEP VIRGINIA MOVING gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality March 23, 2001 Patrick Davenport Zoning Administrator County of Frederick 107 N. Kent Street Winchester, VA 22601 RE: Copperfield Dear Patrick, In response to your letter of 19 March we have revised the plans. The changes include: Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A Mislowsky, P.E. David J. Saunders, P.E. Directors: William L. Wright Michael A Hammer Thomas W. Price 1. The sidewalk section has been improved to specify the stone base and concrete thickness, 2. The handicapped parking details are shown more clearly on the plans, 3. The impervious area calculation has been corrected, and 4. The setback summary has been revised to specify "building" setback. Also, please consider the following: 1. All improvements shown will be installed during one phase of construction. 2. The 57 units shown matches that shown on the master plan. The 7.08 acre site will yield 57 units (8/acre). 3. We've agreed the broad description of the adjoining properties is acceptable. 4. We will be working with the Parks and Recreation Department to develop acceptable recreation area layouts. We understand that information needs to be provided on the plans prior to approval. 5. Your comments on the plats have been sent to the surveyors preparing those. 6. The developer has been reminded of the Bond amounts and the outstanding application fee, both of which need to be provided prior to approval. I've attached a copy of the revised sheets. Please let me know if you have any further comments on these. We understand the recreation area issue remains to be resolved. I look forward to hearing from you. Regards, RECEIVED MAR 272001 gilbert w. clifford &associates, inc. DEFT OFPLANNING/DEVELOPMENT onal �AM!slowsk�yP.E,�VP cc: Greg Unger 200 North Cameron Street, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 a -mail gwcliff@mnsinc.com Member American Consulting Engineers Council x 4 I March 19, 2001 Mr. Ronald Mislowsky G. W. Clifford & Associates, Inc. 200 N. Cameron Street Winchester, Virginia 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 RE: Copperfield Site Plan Review; Copperfield Subdivision Design Plan #04-01 Review and Review of Final Plat of Copperfield Subdivision, Section 1; PIN 52-2-3 and 52-2-4 Dear Ron: I have conducted a second review of the subdivision design plan/site plan received in this office on March 5, 2001. The plans were to reflect review comments made by Mr. Eric Lawrence in a letter dated February 5, 2001. To expedite the approval process, I am also providing review comments for the advanced copy of the final plat for Copperfield Subdivision, Section 1, received by this office on March 7, 2001 from Marsh & Legge Land Surveyors. Please address the following comments regarding the subdivision design plan/site plan: 1. The location of the proposed recreation areas have been provided. However, the layout and apparatus design for each recreation area were not included in the revised plan. Approval of recreational design must be obtained through the Parks and Recreation Department. 2. Provide section details for sidewalk. 3. Provide phased development boundaries including the proposed improvements for each phase. 4. Provide handicapped parking space striping plan details. 5. Confirm that the RP density requirements matches the approved Master Development Plan. 6. The proposed impervious area (45%) exceeds the impervious area allowed (40%). 7. Provide additional data on front, rear, and side building spacing. 8. Sheet 2 of 9: The names of adjoining owners on the east side do not match the proposed final plats. 107 North Kent Street - Winchester, Virginia 22601-5000 t Page 2 Mr. Ronald Mislowsky Re: Copperfield - Site Plan Review, Subdivision #04-01, & Final Plat, Sect. March 19, 2001 Please address the following comments regarding the final plat of Copperfield Subdivision Section 1: l . Sheet 3 of 6: The adjoining property ownership information does not match Sheet 5 of 6 or the subdivision plan. 2. The setback lines are not depicted on any of the Sheets. Sheet 2 of 6: A reference should be added to include the minimum building separation for the front (add the words "and front" to the text line "50' rear"). 3. Property corners must be set for each lot and perimeter boundary points must be recovered or set. Add a note and/or symbols.reflecting this requirement. In addition to Cho information provided on the site plan/subdivision design plan, the final plat should include the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation. Additionally, a deed of dedication and an appropriate guarantee will be required prior to final plat approval. Mr. Ed Strawsnyder has indicated that a letter of credit in the amount of $435,000.00 will be required for the guarantee. I would also note that the site plan application and review fee have not been received. The site plan review fee will be $2,975. This application and review fee must be submitted prior to further consideration of the site plan and subdivision submission. Should you have any questions, I am available for further review of the subdivision site plan and preliminary plats prior to you gaining the approval signatures on the plats., Sincerely, POJJ- rJCM,-e7J Patrick T. Davenport Zoning and Subdivision Administrator PTD/rsa A-T.%VetW d=gn - Lena vipa totN GREENWAY ENGINEERING %447 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 T R A N S M I T T A L Project Name: File No.: Date: H.C. Christianson 0082 March 15, 2001 To: Frederick Co Planning Attn: Eric Lawrence Copied: From: Darren Foltz/ds GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Remarks: h Urgent L7, For Your Review Ci As You Requested r7 Please Comment Message: Eric, Attached are 5 signed and notarized copies of the boundary line adjustment and lot consolidation plat for the above project for your review and signature. Call with any concerns. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com , gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality March 13, 2001 Patrick Davenport Zoning Administrator Frederick County 107 N. Kent Street Winchester, VA 22601 RE: Copperfield Subdivision Dear Patrick, Hoard of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: William L. Wright Michael A. Hammer Thomas W. Price Last month, we received comments from Eric Lawrence on Copperfield. We revised the plan and submitted copies for approval. Subsequently, Marsh and Legge Land Surveyors have provided final plats for review. I have attached here, the approvals from all review agencies. Can you please let me know when we might expect final approval? Please call if you have questions. Regards, gilbert w. clif ford & associates, inc. aonald�A. Mislowsky, P.E.,�VP RECEIVED MAR 14 2001 DEPT. OF PLANNING/DEVELOPMENT is 200 North Cameron Street, Winchester, Virginia 22601 in (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com Member American Consulting Engineers Council REQUEST FOR SUBDIVISION COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5600 The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. c/o Ronald A. Mislowsky 200 N. Cameron Street Winchester_ VA 22601 Name of development and/or description of the request: Copperfield Townhouse Development Location: East side of Brookland Lane (Route 658), 600 feet south of Vallev Mill Road (Route 659) Virginia Department of Transportation Comments: see attached letter from VDOT to G. W. Clifford dated 03/07/01. Prior to development of the property identified as TM54-2-2, a complete traffic study of the Route 659, Valley Mill Road intersection with Route 658 Brookland Lane, to include an assessment of left turn need on Route 659 will be require No objection to the subdivision of this property. Before development, this oftice will require a complete set ot construction plans for review, Entrances wtil have to be constructed to VDOT 111blillIUM UtUlLdilLds to allow for safe egress and ingress of the property. VDOT Signature and Date:1�J (NOTICE TO RESIDENT ENGINEER Transportation Engineer 03/07/01 THIS FORM TO APPLICANT) NOITCE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG, VA 22824 JERRY A. COPP COMMISSIONLR RESIDFNI ENGINEER 1ELE I94March 7, 2001 0,4ol84-5607 Mr. Ronald A. Mislowsky, P.E., V.P. G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Ref: Copperfield Townhouse Development Route 658, Brookland Lane Frederick County Dear Ron: This is to acknowledge receipt of your revised plans dated 02/23/01 (received 03/07/01) for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide eight (8) sets of approved construction plans with signed seal for VDOT distribution. 1 offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • 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. WE KEEP VIRGINIA MOVING Mr. Ron Mislowsky Ref: Copperfield Townhouse Development March 7, 2001 Page #2 • 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. • Private entrances will be installed in accordance with Standard CG-11. This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is • 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. • Prior to development of the property identified as TM54-2-2, a complete traffic study of the Route 659, Valley Mill Road, intersection with Route 658, Brookland Lane, to include an assessment of left turn need on Route 659 will be required. Should you need additional information, do not hesitate to call. Sinc , Barry J. Sweitzer, Trans. Roadway Ineer For: Steven A. Melnikoff, Transportation Engineer BJS/rf Attachments xc: Mr. Terry Jackson, Attn: Mr. Guy Tudor Mr. Dave Heironimus Mr. Evan Wyatt gilbert w clifford & associates, inc. 200 N. Cameron street fnchester, Krginia 22601 54(,L667--2139 Fax:540-665-0493 e-mail: gpvcliff�dmnsinr-com To: FCSA P.O. Box 1877 1 Winchester, VA 22604 1 We are sending you 0 Hand Delivered Shop Drawings 0 Copy of Letter Attached Change Order ❑ Prints ❑ Plats LETTER OF Present Date i1ob.1'10 - 1 ; 3-12-01 Attention: John Whitacre Re: CODnerfield - - Under Separate via Samples x0 Plans Copies Date Description 2 Copperfield the following items Specifications Other Are Transmitted F--] Approved/Submitted F7Resubmit for Approval 0 For Approval a Approved/As Noted a Submit for Distribution For Your Use F--1 Return/Corrections F-I Retuned Corrected Prints As Requested a Approval/Signature 0 Loan Print/Return For Review or Comment 0 Return/with Signatures a For Bids Due 20 Remarks 3/1, % �i FY/r vv - ��/y r. ✓L` Copy To: Signed Ronald A. Mislowskv, P.E., VP ,.r COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 February 23, 2001 Mr. Ronald A. Mislowsky, Jr., P.E. Gilbert W. Clifford and Associates, Inc. 200 N. Cameron Street Winchester, Virginia 22601 Re: Subdivision Comments - Copperfield Frederick County, Virginia Dear Ron: Upon review of the revised subdivision plan dated February 21, 2001, all of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision. If you have any questions, do not hesitate to contact me. Sincerely, Joe C. Wilder Engineering Technician Jcw cc: Frederick County Planning Department file 107 North Kent Street • Winchester, Virginia 22601-5000 RE iVED JAN 1 8 2001 REQUEST FOR SUBDIVISION COMMENTS Frederick County Fire Marshal Attn: Fire Marshal 107 North Kent Street Winchester, VA 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, 0 floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. c/o Ronald A. Mislowsky 200 N. Cameron Street Winchester, VA 22601 Name of development and/or description of the request: Copperfield Townhouse Development Location: _ East side of Brookland Lane (Route 658), 600 feet south of Vallev Mill Road (Route 65 Fire Marshal Comments: \ Fire Marshal Signature & Date: (NOTICE TO FIRE MARSHAL * PLEAS TURN THIS FORM TO APPLICANT) NOITCE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy your application form, location map and any other pertinent information. COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. SD01-0001 Date Received 01/18/01 Date Reviewed 01/23/01 Applicant G.W. Clifford & Associates Address 200 N. Cameron Street Winchester, Va. 22601 Project Name Copperfield Townhouses Phone No. 540-667-2139 Type of Application Subdivision Current Zoning RP 1st Due Fire Co. 18 1st Due Rescue Co. 18 Election District Shawnee Tax I.D. No. 52-2-3 & 52-2-4 RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System XX Automatic Fire Alarm System Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments : Markings and signage at all fire hydrants. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate XX Inadequate Not Identified Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Signature Title ��CS� REQUEST FOR SUBDIVISION COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street Winchester, VA 22601 (540)665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 4's Floor of the County Administratiod Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. c/o Ronald A. Mislowsky 200 N. Cameron Street Winchester, VA 22601 Name of development and/or description of the request: Copperfield Townhouse Development Location: East side of Brookland Lane (Route 658), 600 feet south of Valley Mill Road (Route 659) Inspection Department Comments: Comments are on the back of this form. Code Administrator Signature & Date: a/,�Vo l (NOTICE TO INSPECTIONS DEFT. LEASE RETURN THIS FqjfM TO A L ANT) NOITCE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy your application form, location map and all other pertinent information. IN FREDERICK ,-,- ✓Tbwnhouses shall comply with The Virginia Uniform Statewide Building Code and section 310, use group R (Residential) of The BOCA National Building Code. Chapter 17 of BOCA shall apply to any structures that may be placed on fill material. REQUEST FOR SUBDIVISION COMMENTS Frederick County Parks and Recreation Dept. Attn: Director of Parks and Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 The Frederick County Parks and Recreation Department is located on the second floor of the Frederick County Administration Building, 107 N. Kent Street, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number. Gilbert W. Clifford & Associates, Inc. c/o Ronald A. Mislowsky _ 200 N. Cameron Street Winchester, VA 22601 Name of development and/or description of the request: Copperfield Townhouse Development Location: East side of Brookland Lane (Route 658), 600 feet south of Valley Mill Road (Route 659 Parks & Recreation Dept. Comments: Subdivision design plan, dated January 11, 2001 , appears to meet open space and recreation unit. requirements. Parks Signature and Date: t 9 /O 1 (NOTICE TO PARK$ - PLEASE RETURN THIS FORM TO APPLICANT) NOITCE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy your application form. '► 03--N-0i &I't". CHECKLIST FOR SUBDIVISION FINAL PLATS f A. The title of the subdivision ("Final Plat for........") AA. Notarized owner's certification IAW 15.1-477 COV. JB. The page number and total pages on each page. 7- C. Vicinity Map (Scale 1:2,000) showing roads, properties and subdivisions within 1,000 feet. D. A written and graphic scale. E. Day, month and year plan prepared and revised. JF. North Arrow. G. Magisterial District in which the subdivision is located. H. Zoning and use of land to be subdivided and adjoining land.. .4 oK ✓ I. Boundary survey of all lots, parcels and rights -of -way. J. Names of owners of adjoining properties with deed book s Azw V and page number references. does A&T,mgkA 57P,*/cm 0r o1-res,r.0 4mk* S14 K. Area of each lot, total area of subdivision and area in lots. L. Location and area of each parcel of open space and total area of open space. M. Location, names and ROW widths of existing and planned roads, streets and shared private driveways adjacent to and on the property- N. Existing and proposed utilities, utility easements and other easements with dimensions. O. Existing and proposed drainage easements with dimensions and locations. P. Location of flood plain limits. ✓ Q. Location of land to be dedicated or reserved for public use. S 00v roam R. Location of required setback lines on each lot. Iva S. Location of proposed recreational areas. OX Am o7s Page 2 Subdivision Plat Checklist GflY - -T . Location of proposed buffers. ? U. Location and description of monuments and markers. 1� V. Certified by registered engineer or surveyor. W. Notarized signature of the owner. -7 X. Signature lines as required. AIJA /„ Y. Statement listing all requirements and conditions placed on the land resulting from conditional zoning. Z. Indication of the portion of the allowable density from the parent tract which is to be allocated to each parcel resulting from the subdivision. AA. Notarized owner's certification required by state Code. `SU3'An1 (i Dc�d bASE Ln 2.7 1 cv , rLz ju �► r� CceleclL�4Q,41> i h ©o 9 o O C!D v.S r rs G�`rqi-t'J Z{ CST? C f J r S rx `tS'I l o f S 1'i' F— ibvc7 3A��. 117 r ZS) Marsh & Legge Land Surveyors, P.L.C. 560 N. Loudoun Street Winchester, Virginia 22601 540-667-0468 WE ARE SENDING YOU —X— THE FOLLOWING ITEMS ATTACHED PLATS x _ HAND DELIVERED _ PLANS _ UNDER SEPARATE COVER _ PRINTS Present Date: ML9 Job No: 2514 Attention: Mr. Patrick Davenport Re: C apperfield — Section 1 RECEIVED MAR 0 7 2001 DEPT• OF PLANNINGIDEVELOPMENT _ CUTSHEET _ OTHER _ COPY OF LETTER COPIES DATE I DESCRIPTION l 3/5/01 1 Final Plat of Subdivision 11 ARE TRANSMITTED: _ FOR APPROVAL _ FOR YOUR USE FOR REVIEW OR COMMENT AS REQUESTED _ APPROVED/SUBMITTED _ APPROVED/AS NOTED _ RETURN/CORRECTIONS _ RETURN WITH SIGNATURES REMARKS Please check the attached plats and let me know if everything appears satisfactory. After all review agencies have commented on the plats, I will make any revisions necessary and circulate the plats for signature. COPY TO: Barry Sweitzer, VDOT John Whitacre, FCSA Ron Mislowsky, GWC&A Jim Vickers, Oakcrest SIGNED P_ Duane Brown, 1._S. I ham OakCrest COMPANIES 2055 Valley Avenue March 7, 2001 Winchester, Virginia 22601 540-722-4100 fax 540-662-8825 www. oakcrestbuilders . com Mr. Ed Strawsnyder Frederick County Public Works 107 N. Kent Street Winchester, VA 22601 RE: Letter of Credit for Copperfield Dear Ed: We have just recently broken ground on our new townhome project called Copperfield off Valley Mill Road. We are currently working off of a land disturbance permit. In working with our production department they would like to begin construction on our I" group of townhomes by April 1, 2001. Because of that we need to present you a Letter of Credit for the Is' section. We have requested Mike Hammer of Clifford & Associates to provide us the value of the completion of section one by using the guidelines required by Frederigk-County.- his summary he has indicated a completion DK a o tea $432,718.98 w ch I have provided a copy of his letter dated March 1, 2001, a p at of Copperfield section one and a spreadsheet of the construction status report dated March 1, 2001. Hopefully these are the documents needed to confirm our amount of Letter of Credit. If you would be kind enough to review this and confirm this is correct we will provide the Letter of Credit to Evan Wyatt's department. Thank you for your time and effort regarding this matter. With best regards, Jim Vickers JV/jj enclosure OAKCREST BUILDERS, INC ERA OAKCREST REALTY, INC OAKCREST PROPERTIES, LLC MERIDIAN PROPERTIES, LLC gilbert w. clifford. & associates, inc INCORPORATED 1972 Engineers - Land Planners - Water Quality 1 March 2001 Mr. Jim Vickers Oakcrest Properties L.L.C. 2055 Valley Avenue Winchester, Virginia 22601 RE: "Copperfield" Phase I — Bonding Value Dear Jim, Board of Directors: President - Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: William L. Wright Michael A. Hammer Thomas W. Price Please find attached for your use in discussing a bond amount with Frederick County a construction cost estimate for the above referenced project. This estimate is broken down with construction cost estimates provided for both Phase I and Phase II per the attached phasing plan. These estimates and the unit prices used are based upon the cost to construct this project per your agreement with APAC — Virginia, Inc. As you are aware construction of this project is just beginning therefore there are no values deducted for work completed. The notes at the bottom of the cost estimate indicate the basis for estimating several items and are provided for clarification. If you have any questions or need additional information do not hesitate to call. Sincerely, gilbert w. clifford & associates, inc. Yike Hammer MAHM Enclosure 200 North Cameron Street, Winchester, Virginia 22601 404 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com Member American Consulting Engineers Council "Coppertield" Project Construction Cost Estimate March 1, 2001. The following project construction cost estimate is based upon the unit prices received and contained in the agreement between Oakcrest Properties, L.L.C. and APAC - Virginia, Inc. dated February 21, 2001. Item Description U.P. Phase I Phase II Total 1. Performance & Payment Bond (Deleted) LS 0 0 0 2. CIearing & Grubbing LS $ 6,425.00 $ 6,425.00 $ 12,850.00 3. Site Grading LS $ 117,500.00 $ 117,500.00 $ 235,000.00 4. Water Utilities A. Connect to Existing Water Main LS $ 5,100.00 $ 5,100.00 $ 10,200.00 B. 8" Water Main 425 LF @ $32.00 $ 6,800.00 $ 6,800.00 $ 13,600.00 C. 3" Water Main 79 LF @ $20.00 $ 700.00 $ 700.00 $ 1,400.00 D. 2" Water Main 1990 LF @ $15.00 $ 14,925.00 $ 14,925.00 $ 29,850.00 E. 2" Gate Valve & Box I2 EA @ $300.00 $ 1,800.00 $ 1,800.00 $ 3,600.00 F. 2" Water Main Vault 2 EA @ $2500.00 $ 2,500.00 $ 2,500.00 $ 5,000.00 3 EA @ $2930.00 $ 2,930.00 $ 5,860.00 $ 8,790.00 R Residential Connections cz> 57 EA @ $450.00 $ 13,050.00 $ 12,600.00 $ 25,650,00 5. Sewer Utilities A. 8" GS 1028 LF @ $23.50 $ 14,499.50 $ 9,658.50 $ 24,158.00 B. 4' D Manholes 6 EA @ $2350.00 $ 9,400.00 $ 4,700.00 $ 14,100.00 C. Manhole Additional VF 30 VF @ $320.00 $ 3,315.20 $ 6,284.80 $ 9,600.00 D. 4" Laterials (2) 3035 LF @ $24.00 $ 37,059.00 $ 35,781.00 $ 72,840.00 E. Manhole Connection 1 EA @ $850.00 $ 850.00 0 $ 850.00 6. Storm Drainage System A. 15" RCP 226 LF @ $24.75 $ 1,064.25 $ 4,529.25 $ 5,593.50 B. 15" CMP 831 LF @ $14.00 $ 6,076.00 $ 5,558.00 $ 11,634.00 30" CMP 65 LF @ $35.00 $ 2,275.00 0 $ 2,275.00 C. DI-3B 2 EA @ $3900.00 0 $ 7,800.00 $ 7,800.00 D. DI-1 7 EA @ $2400.00 $ 9,600.00 $ 7,200.00 $ 16,800.00 E. ES-2 (15") 2 EA @ $300.00 $ 600.00 0 $ 600.00 ES-2 (30") cs> 1 EA @ $500.00 $ 500.00 0 $ 500.00 F. 8" CMP (Deleted) 20 LF @ $14.50 0 0 0 G. SWMP 14) 1 LS @ $9200.00 $ 9,200.00 0 $ 9,200.00 7. Roadways A. Brookland Lane (4) 1 LS @ $80293.00 $ 80,293.00 0 $ 80,293.00 B. Copperfield Lane (') 1 LS @$118374.00 $ 59,187.03 $ 59,187.02 $ 118,374.05 . 8. Erosion & Sediment Control LS @ $29500.00 $ 22,125.00 $ 7,375.00 $ 29,500.00 9. Street Signage I') LS @ $2400.00 1200 1200 $ 2,400.00 10. 4' Gravel Walkway (Deleted) 300 LF @ $8.00 0 0 0 11. 3 @ 6" PVC Utility Conduits 140 LF @ $26.75 $ 3,745.00 0 $ 3,745.00 $ 432,718.98 $ 323,493.57 $ 756,202.55 Notes (1) Estimate based upon 50% value for each phase based upon phasing plan attached. (2) Estimate based upon 29 units in Phase I and 28 units in Phase IL (3) 30" CMP and ES-2 not included in original bid. (4) Total cost of item included in Phase I. (5) Estimate includes 75% for Phase I (SWMP). glIbert ip. clifford & associwtu, ir:G CqDtCl PhAs,S is 6ohA-cz IT - uN;tS 30gghj=-t�—Waylor tM--10 ` _b� f',� : �� `� —'� �• of Sub&WwL R=d by others and rot io~fx' axe' . be counted o&hmL Real irt3d. OOP so= C61cwdiwm t ' i 2i 77 20 Heights rlisfg10 t311` JAW_ - MOO :.. 54IA 55 .•;'Iss Pr 3 j �,+� ••'� � �dy " 38 4 •; i r'.l 431• / q. 47 47 AsSed Vri 'J�..-srx�'' v .. .;•� 1 �` /- ,.� !ice-w+n_rC9�c- / '� ':'i LLamL•' i ,'I \ 426 P6 gilbert w Clifford & ass_ xtes, inc. 200 N. Cameron Street 1141inchester, Virginia 22601 540-667--2139 Fax.540-665-0493 e-mail. gwclif�jnnsinccom To: FCSA P.O. Box 1877 Winchester. VA 22604 We are sending you QHand Delivered QShop Drawings 0 Copy of Letter Attached Change Order Prints Plats LETTER Or _ RANSMITTAL Present Date Job No. 32-01 Attention: John Whitacre Re: CODDerfield ❑ Under Separate via Samples x0 Plans Copies Date Description 2 Copperfield x7 Are Transmitted x� For Approval 0 For Your Use QAs Requested 0 For Review or Comment F] For Bids Due Remarks Copy To: Eric Lawerence 0 Approved/Submitted 0 Approved/As Noted Return/Corrections Approval/signature 20 the following items Specifications Other 0 Resubmit for Approval Q Submit for Distribution 0 Returned Corrected Prints aLoan Print/Return Retum/with Signatures Signed Ronald A. Mislowsky, P.E., VP RECEIVED MAR 0 5 2001 Rev 3.0 DEPT. OF PLANNINGIDEVELOPMENT 3!10/97 i r= - .R - COUNTY of F'REDERIC K Department of planning and development 540/665-5651 FAX: 540/ 678-0682 February 5, 2001 Mr. Ronald Miislowsky G. W. Clifford & Associates, Inc. 200 N. Cameron Street Winchester, Virginia 22601 RE: Subdivision #04-01- Preliminary Review of Copperfield (07"MAZIM I am in receipt of the Subdivision Design Plan/Site Plan for the Copperfield townhouse development. A review of this project has been conducted and I would offer the following comments for your consideration. Please provide: ✓ 1) Names of owners, zoning and use of all adjoining properties, and deed book and page number references for each adjoining parcel. -- 2) Location and area of each parcel of common open space and the total area of common open space. :✓3) Names of all adjoining roads. — 4) Cross sections for proposed sidewalks and walkways. 5) Location of all land to be dedicated or reserved for public use. rc. �%` Location of proposed recreational areas and facilities. The fayoui, nd ApparattWproposed for each recreation area Proposed landscaping with location and types of plants to address the parking lot landscaping requirements '8)) Clarify the phased development boundaries and what improvements will be provided for each development phase. v9) Street Signs. Provide th locaiio names, and details and specification of the necessary street signs. All details and spec cations should be in conformance with the Department of Public Works' specifications. /10) A statement referencing the waiver granted by the Planning Commission. Sheet 4 of 9 - Site Development Plan --11) Limits of the proposed gravel walkway. Where will the concrete sidewalk end and gravel walkway begin? 16,q2) A written and graphic scale. V 13) Remove the building extensions that are in violation of the setback lines. Lots: 25, 26, 30-47. Y ft Page 2 Mr. Ronald M'islowsky Subdivision #04-01; Preliminary Review of Copperfield February 5, 2001 tlr'gA;Wj p/ah 14) ADA parking space requirements. Location and specifications of accessible spaces. vf5) Parking lot lighting. Provide location, specification of lamp standards, and location of underground electricity. 15) RP District Requirements pertaining to townhouse: average lot size, maximum site impervious surface ratio, setbacks, building spacing, and parking requirements. Attached is a redlined copy ofthe plan with additional comments. Please address the above comments and re -submit. I am available should you have questions. Sincerb y, Eric R. Lawrence, AICP, CZA Zoning Administrator Meputy Director ERLhsa Attachment r... fL"-.4 .1� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401678-0682 February 5, 2001 Mr. Ronald Mislowsky G. W. Clifford & Associates, Inc. 200 N. Cameron Street Winchester, Virginia 22601 RE: Subdivision 404-01- Preliminary Review of Copperfield Dear Ron: I am in receipt of the Subdivision Design Plan/Site Plan for the Copperfield townhouse development. A review of this project has been conducted and I would offer the following comments for your consideration. Please provide: 1) Names of owners, zoning and use of all adjoining properties, and deed book and page number references for each adjoining parcel. 2) Location and area of each parcel of common open space and the total area of common open space. ✓3) Names of all adjoining roads. 4) Cross sections for proposed sidewalks and walkways. 5) Location of all land to be dedicated or reserved for public use 6) Location of proposed recreational areas and facilities. The layout and apparatus proposed for each recreation area. 7) Proposed landscaping with location and types of plants to address the parking lot landscaping requirements 8) Clarify the phased development boundaries and what improvements will be provided for each development phase. 9) Street Signs. Provide the location, names, and details and specification of the necessary street signs. All details and specifications should be in conformance with the Department of Public Works' specifications. 10) A statement referencing the waiver granted by the Planning Commission. Sheet 4 of 9 - Site Development Plan 11) Limits of the proposed gravel walkway. Where will the concrete sidewalk end and gravel walkway begin? 12) A written and graphic scale. 13) Remove the building extensions that are in violation of the setback lines. Lots: 25, 26, 30-47. Page 2 Mr. Ronald Mislowsky Subdivision #04-01; Preliminary Review of Copperfield February 5, 2001 14) ADA parking space requirements. Location and specifications of accessible spaces. 15) Parking lot lighting. Provide location, specification of lamp standards, and location of underground electricity. 16) RP District Requirements pertaining to townhouse. average lot size, maximum site impervious surface ratio, setbacks, building spacing, and parking requirements. Attached is a redlined copy ofthe plan with additional comments. Please address the above comments and re -submit. I am available should you have questions. Sincer,b y, f i Eric R. Lawrence, AICP, CZA Zoning Administrator /Deputy Director ERL/rsa Attachment r roc.:.an............rc»t.a:....:....e�r�...,..Fda.e.� SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at,a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: title "Subdivision Design Plan for " with a notation of all previous names of the subdivision. original property identification number. page number and total pages on each page. name of the owner and/or subdivider _lo vicinity map [scale of one to two thousand (1:2000)] showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. written and graphic scale. p4,14, 9 of 1 day, month and year plan prepared and revised. V North arrow. name of the Magisterial District where located. zoning of all land to be subdivided. boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to the nearest one-hundreth (1/100) of a foot. gErcp Qi►opocllo (err topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. X names of owners, zoning and use of all adjoining 7^� properties and deed book and page number references for each adjoining parcel. proposed use of each lot, with the number of lots in each use category. area of each lot and parcel, the total area of the subdivision and the total area in lots. 10 P/9 oe ILI PPc�.<<o���tcaa..,T �? location and area of each parcel of common open space and the total are"a--o-T common ope wspace. location, names, right-of-way widths and classifications of existing and p a , eets and shared private driveways adjacent to and on the property. existing or proposed utilities, sewer and water lines, . / manholes, fire hydrants and easements. V existing proposed and drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details. stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed V—/ facilities. proposed grading plan including spot elevations and flow . / arrows. cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. locations, dimensions and arn99 Gections of existing and proposed sidewalks and wa ways. location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. names of all streams and bodies of water, including all one -hundred -year flood limits'as mapped by FEMA. location of all land to be dedi -at-nd or reserved for public use. IMM' location of required setback lines on each lot. location of proposed recreational areas and facilities. flocation of proposed buffers and screening with design details, locations and types of plants and screening. proposed 1 dscaping with location and types of plants. �'qtIL.I%X, Gorr T certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. 11 Zignature of the owner or principals certifying ownership Of the property. statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. signature line for the Subdivision Administrator. 12 �Nf� APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: - / —,Z3 O Application # 01-01 Fee Paid Application / Agent: Gilbert W. Clifford & Associates, Inc. Address: c/o Ronald A. Mislowsky 200 N. Cameron Street, Winchester, VA 22601 Phone: (540) 667-2139 Owners name: Oakcrest Properties, LLC Address: 2055 Valley Avenue Winchester, VA 22601 Phone: 540-722-4101 Please list names of all owners, principals and / or majority stockholders: Contact Person: Ronald A. Mislowsky Phone: (540) 667-2139 Name of Subdivision: Copperfield Number of Lots: 57 Total Acreage: 7.08 Ac Property Location: East side of Brookland Lane (Route 658) 600 feet south of Valley Mill Road (Route 659) Magisterial District: Shawnee Property Identification Number (PIN) 54-2-3 and 54-2-4 RECEIVED JAN 1 8 2001 DEPT, OF PLANNING/DEVELOPMENT. Property zoning and present use: RP/Vacant Adjoining property zoning and use: RP/Apartments, Townhouses, Vacant Has a Master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes X No What was the MDP title? Copperfield Does the plat contain any changes from the approved MDP? Yes No X If yes, specify what changes: Minimum Lot Size (smallest lot) 2200 S.F. Number and types of housing units in this development: Number: 57 Types: Townhouses REQUEST FOR SUBDIVISION COMMENTS Frederick County Planning Department Attn: Planning Director 107 N. Kent St. Winchester, VA 22601 (540) 665-6352 The Frederick County Planning Department is located at 107 North Kent Street, 4 h Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. c/o Ronald A. Mislowsky 200 N. Cameron Street Winchester, VA 22601 Name of development and/or description of the request: Copperfield Townhouse Development Location: East side of Brookland Lane (Route 658), 600 feet south of Valley Mill Road (Route 659) Planning Comments: Director Signature and Date: (NOTICE TO DIRECTOR - PLEASE RETURN THIS FORM TO APPLICANT) NOITCE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your application form, location map, proffer statement, impact analysis, and all other pertinent information. SUBDIVISION 104-01 COPPERFIELD ".PRQVEfl Shawnee