HomeMy WebLinkAboutFrederick Mall Gainesboro District - BackfileEr
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rpart.me rt of 1axtuirts axrz4 p6eiupzrter::t BY �,a
John R. Riley R c_ _
PLANNING A1R<CtOR OX C,OT,
9 COURT SQUARE
ZONING ADMI413T1tATon m e m o r a n d u m -WINCHESTER. VIRGINIA 2280)
Sanitation Authority ,ATTN Mr. W. JOnes
Va. Dept of Highways and Transportation ,.ATTN Mr. R. C..King
A'TTiL
ATTN
John R. Riley Date 10/10/80
_ FROM:
SUBJECT: -
Review co_z.-eats on Conditional Use Permit X Subdivision
Rezoning Site Plan
lie are reviewing the enclosed request by Frederick :Mall Subdivision
- or their representative Mr. Benham Vill you please
review the attached and return your comments to me by asap
_ 11•�.��I+�� ICl�Z 7/�O .
_ ------------------------------- ------------------------------------------------------
This space should be used for review comments:
Water line along Frederick Mall Drive � R"
m�Gt hP increased t�
diameter line. Five hydrants must be located between lots D and D-lf
F and G and end of line at Lot J. Changes are made in order to
provide adjequate fire protection in 9 'commercial and multi- family
housing area.
Proposed sewer line is approved as submitted.
Signature Date
' 703/ 6 62-45 32
qurtime t of Iall iltg 310
John R. Riley
PLANNING DIRECTOR '
ZONING ADMINISTRATOR m e m o r a n d u m
TO:
Sanitation Authority
Va. Dept of Highways and Transportation'
P. O. BOX 601
9 COURT SQUARE
WINCHESTER. VIRGINIA 22601
ATTN Mr. W . JOne s
ATTN Mr. R. C . King
ATTN
ATTN
FROM:John R. Riley Date 10/10/80
SUBJECT:
Review comments on Conditional Use Permit X Subdivision
Rezoning Site Plan
We are reviewing the enclosed request by Frederick Mall Subdivision
or their representative Mr. Benham Will you please
review the attached and return your comments to me by asap
--------------------------------------------------
This space should be used for review comments:
Signature
Date
703/662-4532
�r��.extc� �trtzxt#g
Pepar#men# of 1hannins axtcb p6elapmen#
John R. Riley
PLANNING DIRECTOR P. O. BOX 601
m e m o r a n d u m 8 COURT SQUARE
ZONING ADMiN1sTRATOR - - - WINCHESTER. VIRGINIA 22601
TO: .
Sanitation Authority ATTN Mr W. Jones
Department of Inspections ATTN Mr. Carroll Bromz
ATTN
f ATTN
FROM: Date
SUBJECT:
Review comments on Conditional Use Permit /,subdivision
Rezoning Site Plan
We are reviewing the enclosed request by
or their representative Will you please
review the attached and return your comments to me by
------------------------------ ------------------------------
This space should be usedforreview comments:
Signature Date80
7031662-4532
3fre.berick Cauutp
Repartment of 1hanning and e�xE�o xtt�n#
John R. Riley
PLANNING DIRECTOR P. O. Box Sol
9 COURT SQUARE
ZONING AoMINISTRATOR m e m o r a n d u In WINCHESTER. VIRGINIA 22601
TO:
Y41- Idz- d '4i lwags and Transport&tian ATT1V 4ir R. C. nia
v_
Rmnitition Autharit; ATE,Er Lj Jana
)t; tz t�i"' of til:BC�ians- , ATT% s
• , ATT14
i';Q 1.1ri;"� ,r. JQ lii riC11"T t'.
FROM: Date
SUBJECT:
Review comments on Conditional Use Permit Subdivision
Rezoning
S-3te Plan.
We are reviewing the enclosed request by Frederick- `-411 Subdivision
or their representative 'fr. Beahata (667-I2e5) Will you please
review the attached and return your comments to me by February h .
This space should be used for review comments:
Signature
Date
703/662-4532
�xe.�erit�
BFpar#mmf of 1hanning aub pr6efulanten#
H. RONALD BERG
PLANNING DIRCCTOR � Q BOX 601
URT
ZONING A L.IN STATOR m e III o r a n d u m WINCHESTER. VI GINIA SQUARE
225Ot
ZONING ADMINISTRATOR
TO:
Va. DOPt. of Hi hW&4e and Tranapo rtAtinn > ATTN r- '�..
4?
Sanitatio Authority , ATTN1_
Department of 1.1TTii � i iYMP+t 9 �rwr
Jopartmeat €�, Fgb1ic Works ATTL�
� ' .:3R � iY3 s�ti � ffi►
FROM: .TU`::: ...��I: fir. )ira^Ljr Date
SUBJECT:
Review comments on Conditional Use Permit Subdivision,
Rezoning Site Plan
We are reviewing the enclosed request by " "'its icy `4,.tii a;
or their representative ,Ir. Bel-o"ei' ( '7-? "" ") Will you please
review the attached and return your comments to me by"�4;i�,;;r,�v;'
This space should be used for review comments:
Signature
Date
703/662-4532
0
John R. Riley
PLANNING DIRECTOR
ZONING ADMINISTRATOR
TO:
`3[re%eeirk (LI uuntg
Department of 111anning and p6elnixment
m e m o r a n d u m
P. O. SOX 601
8 COURT SQUARE
W;KCHESTER. VIRGINIA 22601
'7n le:,tof :1��'��77,'�g 3YI<? TY�rtc7?hY'7'" P"{C] S , ATTN f-r �Z
,E_ '1_,"L't"s 't' t>t ;'itl3;._s'�•'�-•,'Is,q, ,. ATTNI.4r ".arrnli L°r�.,.q✓
ATTN
•
. o r n e
FROM: i, :ti 13 T J3.��'::�'3� Date. F
SUBJECT:
Review comments on Conditional Use Permit Subdivision
Rezoning Site. Plan
We are reviewing the enclosed request by x re.:teriek iall ;` LiU iyision
or their representative Tr. e-iiha3m (667-12E �^ Will you please
review the attached and return your comments to me by __ Febri r i9:
This space should be used for review comments:
Signature C ,Bate -Z
703/£ 62,4a32
John R. Riley
PLANNING DIRECTOR
ZONING ADMINISTRATOR
TO:
�;JJreberirk couuig
Department of jj1altning and tfxEla}sxttert
m.e m o r a n d u m
P. O. Box 601
$ COURT SO UAR'E
WINCHESTER, VIRGINIA. 222601.
Va. Dept. of Highways and Transportation ATTN Mr. R. Q. King
Sanitation Authority , ATTN 'Mr. W. Junes
Department of Inspections , AMI Mr. Carroll Brown
Department of Public Works , ATTN Mr. Stan Pangle
Zoning Mr. Jolm Horne
FROM.: John Riiny, nirnntor Date --- 2T90—
SUBJECT:
Review comments on Conditional Use Permit X Subdivision.
Rezoning Site Plan
We are reviewing the enclosed request by Frederick 11all Subdivision
or their representative 1Kr. Benham (667-1266) Will you please
review the attached and return your comments to me by February 6, 1980
This space should be used for review comments:
Central water and sewer service is available. The developer will have to
extend Authority lines at his expense to serve proposed lots. Easements
shown on preliminary plat for sewer lines are acceptable.
J AN 23 1930
Ut I --lill
Signature Date
703/662-4532
FREDERICK MALL SUBDIVISION
11 Lots, 3.6 acres
Zoned B-2, Commercial -General
LOCATION:
South side of Route 522 North, immediately east of Fox Drive.
MAGISTERIAL DISTRICT: Gainesboro Magisterial District.
ADJACENT LAND USE AND ZONING:
Commercial and Residential.
PROPOSED USE AND IMPROVEMENTS:
Subdivide 3.6 acres into 11 lot commercial subdivision and
construct 1100 feet of roadway.
REVIEW EVALUATIONS:
Va. Dept. of Highways and Transportation/Public Works -
Satisfactory.
Sanitation Authority - Central water and sewer service is
available. The developer will have to extend Authority lines at
his expense to serve proposed lots. Easements shown on
preliminary plat for sewer lines are acceptable.
Planning and Zoning - Satisfactory. Water line size on road
profile should be 8 inch instead of six inch.
STAFF RECOMMENDATION:
Approval.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission unanimously recommends approval to the
Board of Supervisors.
i . .
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APPROVED BY:
FREDERICK COUNTY
BOARD OF SUPERVISORS
PLANNING COMMISSION
(Ru: ' -mm_ . _e )
SUBDIVISION ADMIldIST
VIRGINIA DEPARTMENT
OF HIGHWAYS
OWNERS CERTIFICATE
DAT
/10
1
TOR � DATE '
1 DATE
I ereo .�ri.i this su- :i�.isi.an of 1 r,.t s hc, r: Pi-tt�-d a� = i r
is done wit": my frr: consent -n- i_� in a, wrw<_nc ..it:. m. .tiis xe an.;
TRUSTEE;. FREDERICK MALL LANL TRUST DATE
TRUSTEE, FREDERICK MALL LAND TRUST DATE
SURVEYORS CERTIFICATE
I hereby certify the land shown l ereiri be
t'-,.e sa,.e 1-and 7q7_ ire-' Frederi7K Mall L�?_ d
Tr_st "ro, : C. D. H,1t ., e+, -x„ deed re^.-)rded
it DEED BOOK :All PAGE 1 a -d PAGE
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J. R_ NICELY DATE
CERTIFIED LAND SURVEYOR
'`INCHESTER. VIRGINIA
J. R. WFLY
CERTIFICP fE No.
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APPROVED BY:
FREDERICK COUNTY
BOARD OF SUPERVISORS
`'�I o- l DATEc.�
PLANNING COMMISSION DATE_ 3 2
`�UBDIVI�ION ADMIialSTRATOR DATE
VIRGINIA DEPARTMENT
OF HIGHWAYS DATE
FREDERICK COUNTY
SANITATION AUTHORITY DATE ^�
O�'iaE,RS CERTIFICATE
d _ i, r
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TRUSTEE FREDERICK MALL LAND -TRUST DATE
TRUSTEE- FREDERICK MALL LAND TRUST DATE
SURVEYORS CERTIFICATE
I hereby -,ertify the land shown herein to be
t',.e sa;,e Land L-q,ire? Frederic Mall L-: d
Tr.:.st `'rrx,; C. D. H;-lto et, xv 'eed rec-rde,
in DEED BOOK 11, PAGE 1 a_d PAGE
J. R,� NICELY N DATE
CERTIFIED LAND SURVEYOR
1 `INCHESTER', VIRGINIA
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APPROVED BY:
FREDERICK COUNTY
BOARD OF SUPERVISORS
PLANNING COMMISSION
;um_ ,
02,E
DATE 1U /
DATA; 12 y ��•/
SUBDIVISION ADMINISTRATOR DATE
VIRGINIA DEPARTMENT �; 1
OF HIGHWAYS DATE
FREDERICK COUNTY
SANITATION AUTHORITY DATE
OWi4ERS CERTIFICATE
I hereby Cr.7_ LYi1S Si `;'1�'7S10ri of liCl-, -s „ho,4-n Plotted
is done with my fre; --onsent -m, is in cer .. nee wit:. m. wis.ie., an,_ c_e;;ir� s.
TRUSTEE- FREDERICK MALL LAND TRUST DATE
TRUSTEE: FREDERICK MALL LAND TRUST DATE
SURVEYORS CERTIFICATE
►,?►LTIJ Oh.
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I hereby 7�ert-fv the land shown herein to be r�'CERTI�FICATE
t'-.e sa ,e land &.q_ire,? FrederickMa'1 L._ d�Tr_ st '�rnii. C. D H- lto, et. -,x-, ' deed rer=dedDEED BOOK 'Al PAGE 1 a. d PAGE NICELY
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APPROVED BY.
FREDERICK COUNTY
BOARD OF SUPERVISORS DATE
PLANNING COMMISSION DATE
(R -mm_ . _e -�
SUBDIVISION ADMINISTRATOR DATE
VIRGINIA DEPARTMENT
OF HIGHWAYS
DATE
OWNERS CERTIFICATE
I hereby- certi_y- th's subdivision of long', ;s shorn Platted :.-rein.,
is done wit'_: m;;- free consent and is in accordance with r* wishes and desires.
TRUSTEE:. FREDERICK MALL LAND TRUST DATE
TRUSTEE: FREDERICK MALL LAND TRUST DATE
SURVEYORS CERTIFICATE
I hereby certify the land shown herein to be
t'-:e sa-,.e land a,�g_ire� h Frederi-k Mall Lw,-.d
Tr-_-st i:rom C. D. H,-lto:".; et. -cx, ')_ deed recorded
in. DEED BOOK :)11, PAGE 1 and PAGE
j.-R. NICELY DATE
CERTIFIED LAND SURVEYOR
''INCHESTER. VIRGINIA -
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DELIVERED TO: J
aE �9Fil�itaF�E iF� aEdt iE �EiE IFaE aEIE iF itiE�E*��iF��E iEiEiEaEiEdElt� %iEit� iE
#346 �
FREDERICKTOWNE COMPANY
DEED OF DEDICATION
PODK 361 P� CE 60.t
THIS DEED OF DEDICATION AND DECLARATION OF PLAT for
Fredericktowne Company, Section I, made and dated this llth day of
� March, 1970.
WHEREAS, Fredericktowne Company desires to dedicate, plat and sub-
divide that certain parcel of land containing 64.09 acres, more or less,
conveyed to that corporation by Deeds dated the 17th day of June, 1969, from
Mildred V. Largent and Edward E. Largent, her husband, recorded in Deed
Book 354 at page3 7 0 in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia; dated the 31st day of March, 1969, from T. G.
Adams and Rosalie F. Adams, his wife, recorded in Deed Book 351 at page
1 603 in aforesaid Clerk's Office; dated the 1st day of April, 1969, from George
A. Cornwell and Margie Cornwell, his wife, recorded in Deed Book 351 at
page 630 in aforesaid Clerk's Office, with a Deed of Correction from the
same pCa sties, dated the l;,th day of July, 1969, recorded in Deed Book 355
at page 309 in aforesaid Clerk's Office; and dated the 1st day'of September,
1969, from James L. Bowman and Mary Jane Bowman, his wife, recorded in
Deed Book 357 at page 112 in aforesaid Clerk's Office.
NOW THEREFORE, this Declaration of Plat.
WITNESSETH:
The platting and/or dedication of the following described land is with the
free consent and in accordance with the desire of the undersigned owner,
Fredericktowne Company, a Virginia Corporation, as evidenced by the
signatures of its President and attestation of its Secretary.
Beginning at a point in the center of Virginia State Road No. 647
opposite an iron peg on the southeast side of said road and corner to
the land of Woltz; thence, with the center of Road No. 647 N 470-23'-
44" E 143.65 feet to a point in the center of said road, corner to
Cougill; thence, with Cougill for the following two courses: S 430-
42' -25" E 287. 03 feet to an iron, N 450-05' -34" E 290. 47 feet to an
iron in Kilby's line; thence, with Kilby N 400-11' 31" W 128.15 feet
to an iron; continuing with Kilby N 470-36'-29" E 130.90 feet to an
iron; further with Kilby S 400-11' -31" W 400.40 feet to a point in the
center of Road No. 647; thence, with Road No. 647 N 47 12'-43" E
395.99 feet to a point in the center of said road, corner to Beaver;
thence, with Beaver S 400-12' 39" E 507.60 feet to a point, corner
^K 3616 PACE 602
of Beaver and Fredericktowne Company's other land; thence S
400-12' -12" E 2, 156.86 feet to an iron, corner to Fredericktowne
Company's other land; thence, Into Fredericktowne Company's
other land S 400-12' -12" E 175.14 feet to an iron (east corner of
Lot 132); thence, S 490-47' -48" W 150.00 feet to an iron at the
Right of Way of Bedford Place; thence, S 400-12'-12" E 60.00 feet
to a point; thence, S 490-47' �-48" W 130.00 feet to a point in the
Right of Way of Fredericktowne Drive; thence, on a curve
(Delta = 37 39'-09", Radius = 337.97) along the South Right of
Way of Fredericktowne Drive for a length of 79.95 feet to an
iron, the Northeast Corner of Lot 107; thence, with the East
boundary of Lot 107 S 260-42' -45" E 179.31 feet to an iron,
the southeast corner of Lot 107 and a point in Orndorff's line;
thence, with Orndorff N 670-24' -28" W 110.46 feet to an iron,
corner of Orndorff and Fredericktowne Company's other land;
thence, continuing with Orndorff S 000-35'-35" E 119.28 feet
to an iron in Orndorff's line; continuing with Orndorff S 010-
ll'-05" W 583.84 feet to a post; thence, S 520-38' 39" W 57.59
feet to a point in Orndorff's line, corner to Woltz; thence,
with Woltz and Mauck N 400-18' -24" W 2, 847.92 feet to an iron,
corner with Mauck; continuing with Mauck S 490-4l'-00" W
419.48 feet to an iron along Virginia State Road No. 641; thence,
along Mad No. 641 N 400-40' -45" W 240.00 feet to an iron,
corner to Woltz; thence with Woltz N 490-42'-25" E 421.04 feet
to an iron; thence, continuing with Woltz N 400-18'-40" W
39.68 feet to an iron in Woltz' line; thence N 400-18' 24" W
322.62 feet to the point of beginning.
This real estate is the same real estate as described by the metes and
bounds hereinabove and is shown on the attached Plat dated the llth day of
August, 1969, and revised January 7, 1970, prepared by John McNair &
Associates and by John W. McNair, Jr., Certified Professional Engineer
and Land Surveyor.
The lots in this subdivision are specifically subject to the following
covenants, conditions, .reservations and restrictions which shall apply to
each and every lot shown on the attached Plat except where reserved as
herein provided.
1. Residential Use: Each lot shown on the attached Plat of
Fredericktowne Company, Section I, shall be used for residential purposes
only. No business or occupation of any kind other than a home occupation
shall be carried on or permitted upon subject lots. Not more than one
single family dwelling house shall be erected on said lot. A home occupation
is defined to be an occupation carried on by the occupant of a dwelling as_
a secondary use in connection with which there is no display, and no one
is employed other than members of the family residing on the premises.
-2 -
I
M"K 364& PAE 603
2. Character of Building: No building shall be erected upon said
lot shown on the attached Plat which shall contain less than One Thousand
Two Hundred (1, 200) square feet floor area for a single story building, nor
Seven Hundred Fifty (750) square feet ground floor area for a multiple
story dwelling and such structures facing a street must be at least Twenty-
five (25) feet wide. Such areas shall be exclusive of porches, patios,
carports, basements and attics. Any garage, carport or car shelters,
pet shelters or dog house constructed on said lots shall be attached to and
be a part of the main structure. Any building commenced upon each lot
shall be completed within Eighteen (18) months from the date of commence-
ment. No trailer nor mobile home shall be placed upon any lot; no storage
or temporary structure shall be placed upon or erected upon any lot shown
on the attached Plat. Fredericktowne Company reserves the right to
determine what structure is to be regarded as a two story dwelling so long
as any lot in the subdivision is unsold. Thereafter, this covenant will be
enforceable by any lot owner.
3. Set Back Lines: No structure including covered porches or
covered patios shall be less than Thirty-five (35) feet from any street
shown on the attached Plat. The minimum side yard for each main structure
shall be Ten (10) feet with the width of both side yards a minimum of Twenty-
five (25) feet. Each main structure shall have a rear yard with a depth of
Thirty-five (35) feet or more.
4. Easements: All easements of a public nature are shown on the
attached Plat, but there shall be service easements for each lot for all public
utilities upon any of the lots shown which shall exist at the location of such
utilities at the date each lot is conveyed, or shall be located as such utilities
are actually extended to the individual lot after the call for connection by the
lot owner.
5. Further Subdivision: No lot on the attached Plat shall at any
time be subdivided, conveyed, leased nor sold except as a whole, unless
such subdivision, conveyance, lease or sale involves multiple lots so that
each of the portions into which the lots are divided for the purpose of
subdivision, conveyance, lease or sale results in the lots being created for
the purpose of such subdivision, conveyance, lease or sale, as well as each
of the lots remaining after such subdivision, conveyance, lease or sale,
being of a size larger than the lots as shown on the Plat which is recorded
with this Deed of Dedication of this subdivision.
6. Fences: No fence, hedge or other visual barriers shall be
erected in the front yard of any lot shown on the attached flat; fencing of
back yards may include side yards to a limit of one half the depth of each
dwelling. All fences, hedges or similar barriers must be kept in good
repair.
7. Surface Water: No owner of any lot shown on the attached Plat
shall interfere with the natural drainage of surface water from such lot to
the detriment of any other property shown on said Plat.
8. Sanitation: Each dwelling shall be attached to the sewer and
water system as shown on the attached Plat.
-3-
I
qr^K 331 w6 604
9. Signs: No billboards or signs of any kind shall be erected,
maintained or displayed for any commercial purpose, except for temporary
signs advertising the sale or rent of real estate on which such sign is located
with no sign to exceed Six (6) square feet in area.
10. Vehicles: No commercial vehicles or trailers, mobile homes
or campers shall be kept on any numbered lot shown on the attached Plat
except during the course of construction or addition to buildings, unless they
are housed in suitable shelters. No vehicle may be parked for a period
greater than Ninety (90) days on any numbered lot as shown on the attached
Plat nor on any platted street which vehicle does not have a currently valid
Virginia inspection windshield *sticker.
11. Unim2roved Lots: All unimproved lots shown on the attached
Plat shall be kept free of undergrowth, brush, trash and debris. In the
event any lot shall not be so kept free, the Grantor may remove the same
after Ten (10) days notice to the lot owner by certified or registered mail
and may assess the cost thereof to the owner and the failure to pay the
same within Ninety (90) days shall constitute a lien upon the lot sold
hereunder.
12. Enforcement: The provisions herein contained shall run with
and bind the land and each is enforceable by Fredericktowne Company, its
assigns and successors in title and by any owner of any numbered lot. And
the failure of any of them to enforce any covenants, conditions, reservations
or restrictions contained herein shall not be deemed to be a waiver of the
right to do so thereafter as to a default occurring prior or subsequent thereto
Furthermore, the declaration of invalidity of any one or more of the
provisions herein contained shall not affect the validity of the others. All
of the covenants and restrictions herein shall be binding and remain in full
force and effect until July 1, 1983, and shall be renewed thereafter auto-
matically for additional successive Ten (10) year periods, unless the
owners of a majority of the subdivided lots in this subdivision shall, at
least Six (6) months prior to any such renewal date, execute and record
an agreement superceding, altering or abrogating the covenants and
restrictions herein contained, and record such agreement among the land
records in the aforesaid Clerk's Office and giving public notice by publishing
such proposed agreement superceding, altering or abrogating the covenants
and restrictions herein or any one or more of them, at least Six (6)
months prior to the expiration of any such period in some newspaper having
general circulation within Frederick County.
13. Animals: No livestock and fowls, such as cattle, horses, hogs,
goats, sheep, turkeys, ducks and chickens, shall be kept or maintained on
any lot.
14. All land areas other than streets have title reserved in
Fredericktowne Company and are not, because of any designation as park
area or otherwise, dedicated thereby to public use.
15. Fredericktowne Company reserves the right alone to waive any
one or all of the restrictive covenants, conditions, reservations and
restrictions as to the sale or transfer of any future tot or lots except that
it cannot reduce lot size nor change the development from residential to
commercial except as shown on the Plat at the date of record. This waiver
-4-
n
ni PASS G05
shall not affect the binding effect of the covenant's conditions upon any other
Lots. Fredericktowne Company does further reserve the right alone to
impose additional restrictive covenants, conditions, reservations and
restrictions as to the sale and transfer of any further lot or lots and such
imposition shall not affect the binding effect of these provisions upon any
other lots.
16. The covenants and restrictions herein contained shall not impose
any restraint on any portion of land now owned or hereafter acquired by
Fredericktowne Company, its assigns or successors in title, or adjoining,
adjacent to or otherwise related in any way to Fredericktowne Company,
Section I, as shown on the attached Plat.
FREDERICKTOWNE COMPANY
if
/e001
`�ct � ,By L� kli �. ��>✓ f _.. ONN
President
`
lam, : j?i`�n
•�
� �.,u.,,� / at^''/�ra'�•--.
A ILA
—,Secretary
STATE OF VIRGINIA
OF �,,,,,��.,_, To -wit:
I, C`, (,,"-\-` , a Notary Public in and for the State and
c %K -,- aforesaid, hereby certify that „ 6- as
Preside t and �.,,� _�«�»..�. as Secretary, whose names are signed
to the foregoing instrument, bearing date the 11th day of March, 1970, have
personally appeared before me in my said: and State aforesaid, in
name and behalf of the said Fredericktowne Company, made oath that they l
are the President and Secretary of said Fredericktowne Company respectively;)
seal affixed to the said instrument is the true and corporate seal of said
Fredericktowne Company; that the same has been affixed thereto by due
authority.
My Commission expires
Given under my hand and notarial se 1 this \\xs-.day of 1970.
.'•'„t.. 1.1 .
. .
-5-
Notary Public
F,, a
Bach- i A Supe•rvisc�r5
2E.�
Virginia Dvp(irtlru:nt of Highways
Virginia Department of Ifeolth rp.0'r6os ) ;XITS TO T3�
�.:.: '. "r L.��
'z Dom,' a .^.ant FREDERICKTOWNF COMPANY
BEAVER D(P, 353-554
I I DO 353-556
W'
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FREDERICKTOWNE
J� COMPANY
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ORDORFF
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S 52•-38'-39" W\�
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WOLTZ
FREDERICKTOWNE SUBDIVISION
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY.VIRGINIA
& 2 OWNER -DEVELOPER
N 40"-4o'-4S' w 240.00' _ -VA RQI TE 641
FREDERICKTOWNE COMPANY
I. John W. McNair, Jr., a licensed engineer & surveyor do hereby
certify that deed book references on drawing below give owner title
to lands subdivided. A deeds are on record in the Frederick County
Clerk's Office, Winchester, Virginia.
/ John W. McNair, Jr.
We, the owners of the subdivided lands, T/A Fredericktowne Company,
ado hereby state that this subdivision as it appears on the following seven
(7) sheets is with our free consent and in accordance with our desires.
Frede cktowne Co ny
BY
�4�l,Ty OF Charles E, n ss, President
JOHM W. McNAIR. JR. G� a
"A BY
' eobrt S. Barbour, Secretary
V CIVIL ENGINEER
P CERTIFIC;,1E NO. ,r
2158
r
STATE OF VIItGINIA TO WIT:
city w Ox
w Not=y PublLo tn end far
th• nd stet® afcanmwtLoned, do h, ,5y certify
th" iCharlA E. Baas, and Robc7t S. ftsbow, whose ncmc3 ea z dent
end, socretary respcctivoly cf d+� ' vno Comr— ealCnod Jlt1
foMolnq wottinm, have thle dzy adaowlcdged the s=o bor a me in
my ".'r� rid state of sold.
'
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P4 y tb d itd r& `
JOHN I4cc NAIR & ASSOCIATES
Consulting Enginews
Winchester. Virginia
AUGUST 11. 1%9
NOTES-
1. ALL STREET" '60'
2. I3UILOING SIT13ACK SO'
3. EASZLWNT FOR INSTALLATION
OF UNDERGROUND POWER
LINES. RMSZITVEO ON
FrRON't OF ALL LOTS
4. O O CATE MONUMENTS
Given under my 'hand this
/� day of 969
My CeMMLsioaa. a the
. fty off, �
SHEET 1 OR 7
ARTIC > OF INCORPORATIO14
4F
THE PINES ASSOCIATION, INC.
We hereby associate to form a non stock corporation under the
provisions of Chapter 2 of Title 13.1 of the Code of Virginia and to
that end set forth the following:
1. The name of the Corporation is The Pines Association, Inc.
2. The Corporation is organized for the ;purpose of providing
maintenance, preservation and architectural control of the lots and
Common Area within Section Two of Fredericktowne, Townhouse Sub-
section, and any other areas transferred to the Corporation; of pro-
moting the health, safety and welfare of the residents within said
areas; of exercising all powers and rights granted the Corporation by
that certain Declaration of Covenants and Restrictions recorded in
the Clerk's Office of the Circuit Court of Frederick County,
Virginia in Deed Book at Page _, and all amendments
thereto; of fixing the annual assessments of all members and to carry
on any other activity not prohibited of a non -stock corporation
by the Commonwealth of Virginia or by these Articles.
3. Every person or entity who is a record owner of a fee or
undivided fee interest in any lot in the Townhouse Subsection of
Section Two of Fredericktowne Subdivision in Frederick County,
Virginia shall be a member of the Corporation. Specifically ex -
eluded from membership are any persons or entities who hold an
interest merely as security for the performance of an obligation.
Membership shall be appurtenant to and may not be separated from
ownership of any such lot. Ownership of such lot shall be the
sole and continuing qualification for membership.
4 Each member shall have one vote for each lot owned by that
member in said Townhouse Subsection. If a member has less than a
full interest in a lot, his vote shall be reduced accordingly. The
number of votes shall equal the total number of lots in said Subsection.
a
5. The post -office address of the initial registered office of
the Corporation is P. 0. Box 809, Winchester, Virginia 22601, and its
Street address is 21 South Loudoun Street, Winchester, Virginia 22G01.
The name of the City in which the initial registered office is
located is Winchester, Virginia. The name of the initial registered
agent is 11. K. Benham, III, who is a resident of Virginia, a member
of the Virginia State Bar and a Director of the Corporation and
whose business address is the same as the address of the initial
registered office of the Corporation
6. The number of Directors constituting the initial Board of
Directors is three (3), and the names and addresses of the persons
who are to serve as the initial Directors are:
NMIE ADDRESS
Fred L. Gla ze, III Merriman's Lane
Winchester, Virginia 22601
James L. Bowman Stephens City
Virginia 22655
11. K. Benham, III Boyce,
Virginia 22620
7. The Corporation shall be subject to all conditions,
restrictions and obligations set forth in Paragraph 11 (1) of
the Amended Deed of Dedication recorded in the aforesaid Clerk's
Office in Deed Book , at Page , which is incorporated
herein by reference.
6. The Articles of Incorporation may be amended by a two-
thirds (2/3rds) vote of its members in accordance with the laws
of the Commonwealth of Virginia.
Dated:
-- 2 -
STATE CORPORATION COMMISSION
June 26, 1975
e 5; 7. -
✓fua ea Co �.,. �' 44LIle- ��.�
The Pines Association, Inc.
X6 tawee1a,~1ez,1"m,4�eVk, tecotVm 14 oe,
C%12G GLGGOJ'L Gzi'2� G�� �/LG�G�2P.Q:1.
t�ee ` o OGCLUIw (�J(�n2f!!m( wQ l2
THE PINES ASSOCIATION, INC.
'A TMT^T T T
Members Meeting
Section 1. Annual Meeting: The annual meeting of the
members of the Corporation shall be held on the 5th day of
January of each year. If that day is a legal holiday, the
annual meeting shall be held on the next succeeding day not
a legal holiday.
Section 2. All Meetings: All meetings of the members
shall be held at the time and places fixed by the Board of
Directors. The time and place shall be stated in the notice
or waiver of notice of each meeting. Meetings of the members
shall be held whenever called by the President, a majority
of the Directors, or by one -tenth of the membership.
Section 3. Quorum: A majority of the members entitled
to vote shall constitute a quorum at any meeting of the members.
Less than a quorum may adjourn the meeting to a fixed time
and place, no further notice of any adjourned meeting being
required.
Section 5. Conduct of Meetings: The President shall
preside over all meetings of the members. If he is not
present, any Vice -President shall preside. If none of such
officers are present, a Chairman shall be elected by the
meeting. The Secretary of the Corporation shall act as
Secretary of all the meetings if he is present. If he is not
present, the Chairman shall appoint a Secretary of the meeting.
ARTICLE II
Board of Directors
Section 1. Number, Election and Terms: The Board of
Directors shall be elected at the annual meeting of the
members or at any special meeting held in lieu thereof. The
number of the Directors shall be three. This number may be
increased, or decreased to not less than three at any time
by amendment of these By-laws. Directors shall hold office
until removed or until the next annual meeting of the members
or until their successors are elected. A majority of the Directors
actually elected and serving at the time of a given meeting
shall constitute a quorum. Less than a quorum may adjourn
the meeting to a fixed time and place, no further notice of
any adjourned meeting being required.
Section 2. Removal and Vacancies: The members at any
meeting may remove any Director and fill the vacancy.
Section 3. Meetings and Notices: Meetings of the Board
of Directors shall be held at times fixed by resolution of the
Board, or upon the call of the President or the Secretary, or
upon the call of a majority of the members of the Board.
Notice of any meeting not held at a time fixed by a resolution
of the Board shall be given to each Director at least 24 hours
before the meeting at his residence or business address or by
delivering such notice to him or by telephoning or telegraphing
it to him at least 24 hours before the meeting. Any such
notice shall contain the time and place of the meeting, but
need not contain the purpose of any meeting. Meetings may be
held without notice if all of the Directors are present or
those not present waive notice before or after the meeting.
ARTICLE III
Officers
Section 1. Election, Removal and Duties: The Board of
Directors, promptly after its election in each year, shall
elect a President and shall also elect a Secretary and a Treasurer.
Any officer may hold more than one office except that the
same person shall not be President and Secretary. All officers
shall serve for a term of one year and until their respective
successors are elected. Vacancies among the officers shall
be filled by the Directors. The officers of the Corporation
shall have such duties as generally pertain to their respective
offices as well as such powers and duties as from time to time
may be delegated to them by the Board of Directors.
Section 2. Officers and Directors: No officer or director
shall receive compensation for his services.
ARTICLE IV
Seal
Section 1. Seal: The seal of the Corporation shall be
a flat -faced circular die with the word "SEAL" and the name
of the Corporation engraved thereon.
ARTICLE V
Checks, Notes and Drafts
Section 1. Signatures: Checks, notes, drafts and other
orders for the payment of money shall be signed by such
persons as the Board of Directors from time to time may
authorize. The signature of any such person may be a facsimile
when authorized by the Board of Directors.
ARTICLE VI
Fiscal Year
Section 1. Fiscal Year: The fiscal year of the
Corporation shall end on November 30th in each year.
ARTICLE VII
Duties and Assessments
Section 1. Duties and Assessments: The Board of Directors
is granted the powers and duties granted them, either directly
or indirectly, by Paragraph 11 of the Amended Deed of Dedication
of Fredericktowne Subdivision, Section Two recorded in the Clerk's
Office of the Circuit Court of Frederick County, Virginia in
Deed Book , at Page , including but not limited to,
the duty to maintain, repair and improve the parking lots and
driveways of the members of the Corporation and the areas owned
by the Corporation and to set the annual assessment required of
each individual and the date and method of payment of same.
ARTICLE VIII
Amendment
Section 1. Amendment: The By-laws may be amended by the
majority vote of the Board of Directors.
THE PINES ASSOCIATION, INC.
WAIVER OF NOTICE OF
ORGANIZATIONAL MEETING OF BOARD OF DIRECTORS
The undersigned, being all of the Directors of The
Pines Association, Inc., a corporation organized and existing
under the laws of the State of Virginia, do hereby waive notice
of the time, place and purposes of the first or organizational
meeting of the Board of Directors of such corporation and do
fix the 27th day of June, 1975, at 10:00 a.m. as the time,
and 21 South Loudoun Street, Winchester, Virginia as the place
for such meeting.
And we do hereby waive all requirements of the laws of
Virginia and all other requirements as to notice of such
meeting and the publication thereof; and we do consent to
the transaction of such business as may come before
the meeting.
Fred L. Glaize, III - Director
James L. Bowman - Director
. K. Benham, III -
THE PINES ASSOCIATION, INC.
MINUTES OF ORGANIZATIONAL MEETING
OF
BOARD OF DIRECTORS
Pursuant to written waiver of notice signed by all of
the Directors, the organizational meeting of the Board of
Directors named in the Articles of Incorporation of The Pines
Association, Inc. was held on the 27thdday of June, 1975
at 10:00 a.m. at 21 South Loudoun Street, Winchester, Virginia.
All of the Directors were present in person and acted
throughout the meeting.
James L. Bowman served as Chairman of the meeting, and
H. K. Benham, III acted as Secretary and recorded the minutes.
The Chairman stated that the Certificate of Incorporation
had been issued by the State Corporation Commission on June 26,
1975. He directed that the notice of issue received from the
Commission be filed with the minutes of this meeting.
The first matter to come before the meeting was the election
of officers. Thereupon, the following officers were
unanimously elected to serve until the first annual meeting
of the Corporation or until their successors are elected:
President James L. Bowman
Treasurer
Secretary
Fred L. Glaize, III
H. K. Benham, III
Lit
The Chairman then presented to the meeting a proposed
form of By-laws for the Corporation. After a discussion,
on motion duly made, seconded and unanimously carried, such
form of By-laws was adopted as and for the By-laws of the
Corporation.
The Secretary was instructed to insert in the Corporation's
minute book a copy of the By-laws immediately following the
Articles of Incorporation.
The Chairman then stated that it was necessary to designate
a depository for the funds of the Corporation and to authorize
certain persons to sign checks for the Corporation. On motion
duly made and seconded, it was unanimously
RESOLVED that the Farmers and Merchants
National Bank is hereby designated as a de-
pository for the Corporation, and a checking
account shall be opened and maintained in the
name of the Corporation with such Bank;
FURTHER RESOLVED that the officers of the
Corporation are hereby authorized and directed
to execute on behalf of the Corporation and
file with such bank designated as a depository
of the Corporation the proper signature cards
designating the officers who may be authorized
to sign checks and drafts to be paid from the
Corporation's account;
FURTHER RESOLVED that the form of banking
resolutions used by such bank serving as a
depository of the Corporation, a copy of which
is hereby directed to be filed with the minutes
of this meeting, is hereby approved and adopted
in all respects.
There being no further business to come before the meeting,
on motion duly made and seconded, it was unanimously adjourned.
APPROVED:
Chairman
Secretary
THE PINES ASSOCIATION, INC.
CONSENT IN WRITING OF ALL MEMBERS
IN LIEU OF AN ANNUAL MEETING OF THE MEMBERSHIP
We, being all of the members of The Pines Association,
Inc., hereby consent in writing to the following action as and
for the action of the members in lieu of an annual meeting
thereof:
1. Fred L. Glaize, III, James L. Bowman
and H. K. Benham, III are hereby elected as
and declared to be the Directors of the
Corporation until the next annual meeting
or until election of their successors.
2. All acts of the officers and directors
of the Corporation since the date of the
organizational meeting are hereby approved,
confirmed and ratified as acts of the
Corporation.
Dated January 5, 1976.
James L. Bowman
FREDERICK DEVELOPMENT COMPANY, INC.
By
President
THE PINES ASSOCIATION, INC.
CONSENT IN WRITING OF ALL DIRECTORS
IN LIEU OF AN ANNUAL MEETING OF DIRECTORS
We, the undersigned, being all the directors of The Pines
Association, Inc., hereby consent in writing to the following
action as and for the action of the Board of Directors in lieu
of an annual meeting thereof:
1. The following are elected and declared
to be officers of the Corporation until the next
annual meeting of directors or until their
successors are elected: James L. Bowman,
President; Fred L. Glaize, III, Treasurer;
and H. K. Benham, III, Secretary.
Dated January 6, 1976.
Fred L. Glaize, III Director
James L. Bowman - Director
/,//'✓2-,C. - __--
H. K. Benham, III - Director
CEIVED NUV � � 1��'t
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF HIGHWAYS AND TRANSPORTATION
Edinburg, %TA 22824
9 84-4133
Nov. 26, 1982
Ref: Frederick Pull
Frederick Mall Drive
^rederick County
:sir. Paul Barbour
Buckley-Lages, Inc.
P. 0. Boy, 3231
Winchester, VA 226nl
Dear Paul:
According to your request, we have checked the construction on the
above street and it appears it has been constructed according to the
approved plans and this Department's minimum standards. It will be
eligible to the highway system when it is serving a minimum of three
occupied dwellings and is requested by the Frederick. County Hoard of
Supervisors by resolution. It must he properly maintained urtil that
time or be restored to its on( -anal condition. At that time, a bond
for a period of one year will be required to Quarantee workmanship
and material. If taken into the highway system any time other than
July 1st, a maintenance fee is required.
Much of the need for restoration is due to the builders tearing up
the shoulder and surface and f.illina the ditches. Control of this
would be to your advantage.
If there are any additional questions, please advise.
Sincerely,
W. H. Bushman
Resident Engineer
By: K. D. Walker
Inspector
KDW/dkm
cc - Mr. John T. P. Horne
COUNTY of FREDERICK
Department of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
February 19, 1985
Frederick Mall Land Trust
c/o H. K. Benham, III
21 South Loudoun Street
Winchester, Virginia 22601
Dear Harry:
The purpose of this letter is to confirm our telephone conversation of February
15, 1985 concerning the status of Frederick Mall Drive in Frederick County. At
this time the road has been constructed to the standards of the Virginia
Department of Highways and Transportation but has not been eligible for acceptance
into the Secondary System and therefore, remains the property of Frederick Mall
Land Trust. Until June 30, 1984, Frederick County was in possession of a letter
of credit from the Farmers & Merchants National Bank to insure maintenance of this
roadway until such time as it is eligible for acceptance into the system. As it
appears there may be a considerable period of time before this roadway is in fact
eligible for acceptance, I would propose the following as an alternative to
a maintenance bond on this roadway.
The County of Frederick will forego the maintenance bond on the understanding that
prior to occupancy of any establishment which would take its access over Frederick
Mall Drive that an acceptable bond will be executed by the Frederick Mall Land
Trust in favor of Frederick County or Frederick Mall Drive will be accepted into
the Secondary System.
It is my understanding that Westminster Canterbury Winchester and the Frederick
Mall Land Trust are in negotiations with the Virginia Department of Highways and
Transportation concerning possible additional construction on this roadway. If I
can be of any assistance in this process, please don't hesitate to contact me.
Sincerely,
Joh?T.. Horne
Director
JTPH/rsa
cc: Frederick Mall
Frederick Mall
Correspondence
N&L4---�
Land Trust Bond File
Subdivision File 1.�
File
Q Cnnrt QnnarP _ P 0 Rny 601 - Winchester_ Viroinin - 22601
" pp� fast O£i:u 28ax 3S6
C /
May 15, 1974
Mr. J. 0. Renalds,,. III
County Administrator
Frederick County
9 Court Square
Winchester, Virginia 22601
Dear Mr. Renaldss
We are returning herewith an executed copy of the
bond agreement between Fredericktowne Company and tha County'
of Frederick for the subdivision knom as "FredericktowneO.
Section II. -Attached is a one year certificate of deposit
in the amount of 3 45,000 as the bond fee required by the
County.
While we are tendering the attached certificate of
deposit it is our understanding that it is mutually agreed
that when a one year surety bond is issued in favor of
Frederick`County covering the same warrantyconditions as the
attached certificate of deposit and upon delivery of such
surety band and acceptance thereof by the County that our
certificate of deposit will be properly endorsed over to
Fredericktowne Company and returned to us.
At the time the certificate of deposit is returned
Fredericktowne Company agrees to deliver to the County fully
executed a bond form as attached.
Page 2
Mr. J. 0. Renalds, III
In order that there may be common agreement between
us as to the substituting of a surety bond, acceptable to the
County, for the certificate of deposit tendered this date it is
suggested that you, as County Administrator, acknowledge this
agreement by signing and returning to us the a+Jached copy of
this letter.
With thanks for your cooperation and with kind
personal regards, I am
Sincerely yours,
FR E ICKTOWNE ANY
Robert S. Barbour
Secretary/Treasurer
Letter acknowledged and terms agreed to;
Q- 01
0. Renalds, III
aunty Administrator
County of Frederick, Virginia
j' Frederick Mall Subdivision—�
Gainesboro Dist.