HomeMy WebLinkAboutFedericktowne I 138 Lots Opequon Magisterial District - BackfileBYLAWS OFFREDERICKTOWNE PARR' i
(herein called the "Ass4
ARTICLE I. NAME
The name of this Association shall be Fredericktowne Park
Association. Inc.
ARTICLE II. PRINCIPAL. OFFICE
The principal office of the Association shall be
Stephens City, Virginia 22655.
ARTICLE III. MEMBERSHIP
(A) Only persons owning lots 67, 66, 69, 70, 71, 72 .73, 74,
43, 44, 45, 46, 47, 48, 49, 50 and 51 in Section I and over.the age of
eighteen (18) years shall be eligible to became a member.
(B) Only members shall be entitled to vote.
(C) Termination - Membership shall automatically terminate
upon the sale or -conveyance -of one's ownership.interest« or upon
moving from the residence located -within the subdivision.. The Pierson
whose membership interest: is terminated will no longer.be permitted to
vote and hold office as a director or officer.
._(D) A member shall have no vestod right, interest or
privilege of, in or to the assets. functions, &ffairs or franchises of
the Association, or any right.. interest or privileges which may be
transferrable or inheritable or which shall continue after his
membership ceases or while he is not in good standing.
(E) Voting - Each lot shall.have one (1) vote and said vote
is to be divided among those having ownership interest in the lot.
ARTICLE IV..- DUES'
(A) Annual Does: - The annual dues shall be set.by the. Board
of Directors,'which said fee shall be used for carrying out the
purposes of the corporation.
(B) The aforesaid annual dues shall be due and payable on or
before of each year.
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(C) The:'aforesaid an nual`dves•ahali be payable at" sue
place as designated..by.the Board of`Diiectors.'.
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=� ARTICLE Y. ` MEETINGS' -
(A) Annual Meetings - There shalt,+ eV an annual: meeting of
the .Association on the first Thursday of" e�1ofiOY.Oare. 'Unless otherwise
ordered by the Board of Directors, for elect iow of .officers,
receiving the reports and the transaction of 5o ber business. Notice
of such meetings, issued by;:the; secretary.:;sl ail ;be ;Mailed or...
delivered to the last recorded !.address of '.eacheatber ,at least
th sty.(30) days before the -:time appointed for the"meeting..
(B). Special Meetings - Special meetings of:ahe::Association
and its membership may be held at any time, upon' ;call -after a
resolution_ by a majority -of the Board of'. Directors so: to _da oil upon
call of the president or at the 'vritten- request of=five'- percent=.; (S%)
of the members. Notices shall be given. -As with annual meatiags--4nd
any business may be transacted.that-could-.be,trane-acted at aa,annual
meeting . y rM =
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(C) Quorum At any meeting of' -the -members,- a gvorum=shall
consist of twenty percent (20%) ot':the--members.-present either --.in.
person or by proxy,-anda majority'=of_.each quorum shall decide any
question that.may_come before the -meeting...`
(D) Proxies -
(1) Every person entitled to -vote in a meeting of the
membership, regular or special, may appear, vote`andexercise any
other rights pertinent -to his.or'her membership either in person or
by -duly authorized agent or agents,, appointed by - a proxy duly
executed and filed with the•-secretary'of the Association._at.least
ten (10) days before the meeting.'
(2)- A proxy shall not be valid -for more:than-six (6)
months from the date of its execution. Subject to these limita-
tions,. any proxy duly executed and filed.:.shall'continue in full
force until a written revocation of:.the proxy or duly..executed proxy
covering the same shares_ and bearing a late ='date- is =tiled: • Any
proxy may-w0by-its terms, be. limited to use at a single specified
'f meeting of,the members.
(3) Any proxy is suspended vhen::the person executing
the proxy is present at a membership meetingand'ele.cts:to vote,
except' that when such. -proxy: is coupled :vith;`,an: interest,' and the fact
of , the interest appears on the face- thereof ,_ `the : agent named- in the
proxy' shall have al','. -voting and other riglita: referred to therein,..
notwithstanding the -'presence of. the person executing the'proxy.
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(4) At each meeting of the membership, and before the
commencement of any voting, all proxies,filed before the meeting
shall be submitted to and examined by the secretary and no shares
may be represented or voted under a proxy that is found to be
invalid or irregular. Each proxy filed with the secretary prior to
a meeting shall be examined.by him as promptly as possible after
filing, and if any apparent irregularity or invalidity is noted, he
shall notify the person executing the proxy of such apparent
invalidity or irregularity before such meeting if the time permits.
ARTICLE VI. BOARD OF DIRECTORS
(A) Board of Directors - The Board of Directors shall be
responsible for the administration of the Association and for the
election of officers.
(B) Members - Any member of the Association shall be
eligible to be elected to the Board of Directors. The Board of
Directors shall contain three (3) members.
(C) Election - The incumbent Board of Directors will
receive nominations for the office of director at any time before
the voting has commenced at an annual or special meeting. To be
nominated to the•Board of Directors, a member must be proposed in
writing. Votes for director shall be cast at the annual meeting or
at a special meeting. The candidate elected shall be elected by a
plurality of those votes cast.
(D) Terms - Directors shall hold office for a period of
one (1) year. Each year that a term expires a new candidate or
candidates will be proposed and voted on as previously set forth.
Directors shall be eligible for reelection and eligible to vote in
the reelection. A term shall commence upon election and expire upon
the election of the successor.
(E) Absence and Quorum - The Board of Directors may,
following the absence of a board member for three (3) consecutive
meetings, which absence has not been explained satisfactorily to a
majority of the members of the board than present, remove such
director from office and appoint a director to fill the vacancy.
One-half (1/2) of the number of the directors fixed by the bylaws of
this Association shall constitute a quorum at any duly called
meeting of the board and board action will be majority vote of those
present.
(F) Meetings - Regular meetings of the Board of Directors
will be held following the annual membership meeting and quarterly
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thereafter at the principal office. Special meetings of the Board
of Directors may be called at any time and place designated and
notice thereof given at least ten (10) days in advance by the
secretary at the -request of the president or at least (_)
directors.
(G) Election of Officers - The Board of Directors shall
elect those officers as set forth in these bylaws and shall fill
those vacancies in office as from time to time is required by
resignation, death and termination of membership interest. The
election of the Association officers shall take place annually after
the regular annual meeting. The candidates who receive a majority
of votes so cast shall be elected.
(H) Removal - Any director may be removed from the Board
of Directors by a vote of -more than two-thirds (2/3) of the members
present or represented by proxy at a special meeting of the
membership which is called for this purpose..
ARTICLE VII. OFFICERS
(A) Elective Officers - The elective officers of the
Association shall be a president, vice president, secretary and
treasurer. Any number of offices may be held by one person. The
officers shall be -elected annually by the Board of Directors. The
officers will be elected by a majority vote of the Board of
Directors of those case.
(B) Vacancies - The Board of Directors shall fill any
vacancies from time tb time as they occur by a vote of three -fourths
(3/4) of the Board of Directors present at a meeting and such new
director will serve for the full unexpired term of the old director.
(C) President - The president shall be chief officer of
the Association and shall be present and preside at meetings of the
members of the Association and of the Board of Directors. The
administration and management of the Association shall be vested in
the president. He shall communicate to the Association such matters
and make such suggestions as may, in his opinion, tend to promote
the welfare and increase the usefulness of the Association and he
shall have the authority to sign checks and disburse money when
authorized so to do by the Board of Directors, except that the
president is authorized to make disbursements of less than One
Hundred Dollars ($100.00) from the funds of the Association for
necessary expenses without prior approval of the Board of Directors.
(D) Vice President - The vice president shall perform all
duties of the president during the absence.of the president.
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(E) Treasurer The treasurer shall keep an account of
all monies received and. expended for use of the Association and
shall make disbursements as authorized- All sums received by the
treasurer shall be deposited in the bank or banks approved by the
Board of Directors and the treasurer shall make a report at the
annual meeting. At the expiration of his term, the treasurer shall
deliver to his successor all books, money and other property of the
Association. The treasurer shall have the authority to sign checks
and disburse money in the Association when authorized so to do by
the Board of Directors, except that the treasurer is authorized to
make disbursements of less than One Hundred Dollars (i100.00) from
the funds of the Association for necessary expenses without prior
approval of the Board. of Directors.
(F) Secretary - It shall be his duty:
(1) to give notice of and attend all meetings of the
Association and to make provision.for the keeping of a record of
proceedings;
(2) to conduct correspondence and to carry into
execution all orders, votes and resolutions not otherwise committed;
(2) to keep a list of the members of the Association;
(4) to establish machinery for the collection of dues
and their payment to the treasurer;
(5) to keep records of any agents retained by the
Association and take care of and supervise the performance of their
duties; and
(6) to prepare, with the concurrence of the
treasurer, and annual report of the transactions and conditions of
the Association.
(G) Removal - Any officer may be removed from office by a
vote of more than two-thirds (2/3) of the members present or
represented by proxy at a special meeting of the membership which is
called for this purpose.
ARTICLE VIII. AMENDMENTS
These bylaws may be amended, repealed or altered, in whole
or in part, by a majority of the Board of_Directors.
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JUNE 1, 1976
":nrtbtrirkWfime (9=p ng
fast Office Pax 358
Aep4ens QlitV, per#win 22655
"FREDERICKTOWNE, SECTION I
Dear Property Owner:
As you are probably aware, when Fredericktowne Company recorded
its plat of Fredericktowne, Section I, a common entranceway and an
area designated as a park were shown. The park is bounded on the
north and west by Amelia Avenue and on the south and east by Amherst
Avenue and contains roughly 30,000 square feet.
Now that Fredericktowne Company has, with a few exceptions, sold
out of this project, we desire to turn these parcels over to others.
We feel that it would be appropriate if the property is conveyed to a
property owners association composed of persons owning property in
Section I.
We are ready, willing and able to convey title to said properties,
at no cost to you, to a property owners association which is truly rep-
resentative of the property owners in the subdivision. This letter is
being written to all property owners in Section I with the hope that it
will lead to the formation of such an organization.
Fredericktowne Company will take no furthur steps to diverst itself
of this property for a period of 60 days from date of this letter. There-
after, however, in the event that a property owners association is not
formed; we will feel at liberty to offer the property to the Frederick
County Parks and Recreation Department for its use as a park, as a capital -
raising venture or for any other purpose it feels appropriate. This could
include the sale of the property by the Parks and Recreation Department
and its use and subdivision as residential property. Fredericktowne Company
will take no action to oppose such a resubdivision or resale of the property.
It should be clearly understood that in the event that Fredericktowne
Company does convey the property to a property owners association, Frederick-
towne Company will no longer be responsible for the maintenance of that parcel
or for real property taxes on it.
Should you have any questions about the contents of this letter,please
feel free to contact the Fredericktowne office.
Sincerely,
FREDERICKTOWNE COMPANY
President
BUCLI S
QUALITY
P R I N T
CENTER
INCORPORATED
,� b erg /1�• /3wrTe•� � �l/':
r:,Sfe;x�,Aers C,;�, 1/� �.z
207 Millwood Avenue • Winchester, VA 22601
PHONE 703-662-2404 • FAX 703- 667-1256
II "TOK 30t rir 60.1.
,i
THIS DEED OF DEDICATION AND DECLARATION OF PLAT for
E Fredericktowne Company, Section I, made and dated this llth day of
March, 1970.
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WHEREAS, Fredericktowne Company desires to dedicate, plat and sub-
f 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 D 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
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 parties, dated the 15th 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' 0 4 E 290.47 feet to an
iron in Kilby s line; thence, with Kilby N 40 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 apint 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
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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-
11' -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 490-41'-00" W
419.48 feet to an iron along Virginia State Road No. 641; thence,
along R6ad No. 641 N 400-40'-45" W 240.OQ 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.
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!91"K 36:. PAGE 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-
h, 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
C utilities upon any of the lots shown which shall exist at the location of such
r 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 Plat; 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.
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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. Unimproved Lots: A11 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, 1985, 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 lot 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
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605
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.
lb. 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.
klIr
o iSecretary
e .. ..,.
STATE OF VIRGINIA
OF tiJ. �e�.Q To -wit:
FREDERICKTOWNE COMPANY
By r
President
'; t„\,,_ a Notary Public in and for the State and
c "IK; afo esaid hereby certifythat c.�,���, ?�. ,�� as
Preside t and �,�.,,, ��«`»..� as Secretary, whose names are signed
to the foregoing instrument, bearing date the llth. 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
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.
Nly Commission expires 5. �,,.� �„ ,,,,�yg_� ��,� •� ,
Given under my hand and notarial se 1 this \\v,,.day of 1970.
,.t. C,_ „Q C_\1, %v��
Notary Public
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21,103
DJA/nc
4/15/75
BOOK 52a PAGE 417
THIS DEED, made and dated this ��% ay of April,
1975, by and between REDERICKTOWNE>COMPANY,•a Virginia Corpora-
tion, party of the first part and DANIEL A. COLAW, JR., party of
the second part.
WITNESSETH: That for and in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable consideratior
the receipt of all of which is hereby acknowledged, the party of
the first part does hereby GRANT, BARGAIN, SELL and CONVEY, with
General Warranty of title, unto the party of the second part,
the following described property and appurtenances thereunto
belonging:
All of that certain piece or parcel of real
property located in Opequon Magisterial
District, Frederick County, Virginia, iden-
tified as "C" as shown on the attached plat
and survey of Thomas C. Glass, Certified
Land Surveyor, dated the 14th day of April,
1975, containing 13,249.5 square feet, more
or less, and being a portion of the property
acquired by the grantor herein by deed of
the Frederick County School Board dated the
day of 1975 and
recorded as Instrument -No. 1119.
Reference is here made to the aforesaid instruments
and the attachments and the references therein contained for a
further and more particular description of the property hereby
conveyed.
This conveyance is made subject to all duly recorded
and enforceable restrictions, easements and rights of way.
Except as noted above, the grantor covenants that it
has a right to convey said property to the grantee; that it has
done no act to encumber said property; that it will execute such
further assurances of title to said property as may be requisite;
that it is seized in fee simple of the property conveyed; and
that the grantee shall have quiet possession of said property
free from all encumbrances.
B4O0K. 529 F'An 41.8
4,'
WITNESS the following signatures and seals:
FREDERICKTOWNE COMPANY
_� fBy - (SEAL)
Pr sident
A-T S T :
(SEAL)
Secretary
STATE OF VIRGINIA
0/7-V OF To -wit:
I, y�/�CGr,�i� , a Notary Public in
and for the State and aforesaid, hereby certify that
Tunstall C. Powers and Lewis M. Costello, as President and Sec-
retary, respectively, of Fredericktowne Company, have this day
personally appeared before me and acknowledged that they are the
duly authorized officers of said Corporation, that they have
signed the foregoing Deed bearing date the Z9,/Z day of April,
1975 and that the seal affixed thereto is the official seal of
said Corporation.
Given under my hand this 097,51, day of
1975.
My Commission expires 2 7 197
Notary Public
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BOCK 529PAGE 419
T6_0 ASSOCIATES, INCORPORATED
Parcel C:
Beginning at a concrete monument in the line of Daniel Colaw land;
thence running with the eastern right of way line of the proposed ex-
tension of Caroline Avenue, with a curve to the right with an arc of
116.78' and a radius of 330.00' to a concrete monument, which is the
intersection of a proposed 60' right of way extension of Caroline Ave-
nue and the southern right of way line of a proposed 60' right of way
to the Colaw land; thence continuing with a curve to the right with
an arc of 123.87' and a radius of 330.00' to a concrete monument corner
to Parcel D; thence running with Parcel D North 55° 25' 21" East_148.88'
to an iron .pin, corner to Martha Brendle land in the line of Daniel
Colaw land; thence running with -the land of Colaw North 530 28' 48" West
236.80' to the point of beginning and containing 13,249.50 square feet.
LTll
o ZPMMAS C. MASS
V CERTIFICATE No. >
1154
0
Aga �xrry s�
417 WEST BROAD STREET FALLS CHURCH, VIRGINIA 22046 (703) 534-1096 JOHN W. VEATCH. C.L.S. EDWARD W. DOVE, P.E.
RFD LION BLDG.. BOX 269, RT. 3 WINCHESTER. VIRGINIA 22601 1703) 662-1534 THOMAS C. GLASS. P.E.
��a
\-
BOQK 5219 wuE 421
THIS DEED, made and dated this ZZ&day of 266n IL_,
1980, by and between DANIEL A. COLAW, JR., Divorced, party of
the first part, hereinafter called Grantor and VALLEY MORTGAGE
AND INVESTMENT CORP., a Virginia corporation, party of the
second part, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the
sum of Ten Dollars ($10.00), cash in hand paid and other
valuable consideration, receipt whereof is hereby acknowledged,
the Grantor does grant and convey, with General Warranty and
with English Covenants of Title, unto the Grantee, in fee
simple, its successors or assigns, together with all rights,
rights of way, privileges, improvements thereon and appurtenances
thereto belonging, all of the following realty:
All of that certain piece or parcel
of real estate located in Opequon Magis-
terial District, Frederick County, Virginia,
identified as "C" as shown on the plat and
survey attached to the deed next hereinafter
mentioned and by this reference hereby made
a part hereof, containing 13,249.5 square
feet, more or less, and being the same
identical real estAte--sen_veyed to the
Grantor herein Fredericktowne ompany,
a Virginia .corpora ,-y deed 'to be
recorded immediately preceding the recorda-
tion of this deed in the Office of the Clerk
of the Circuit Court of Frederick County,
Virginia. Reference is hereby made to the
aforesaid plat and survey, deed, and the
references contained therein for a further
and more particular description of the
property conveyed herein.
This conveyance is made subject to all legally
enforceable -restrictive covenants and easements of record
affecting the aforesaid realty.
WITNESS the following signature and seal:
CGS ( SEAL)
91'.NIET, A. COLAW, JR.
SCULLY.GLASS
THROCKMORTON
ATTORNEYS AT LAW
20 SOUTH KENT STREET
WINCHESTER- VIRGINIA
22601
s
SCULLY.GLASS
6
THROCKMORTON
ATTORNEYS AT LAW
20 SOUTH KENT STREET
WINCHESTER. VIRGINIA
22601
5A, rA,0 422
STATE OF VIRGINIA
i OF , �,,�/,� , To -wit:
a Notary Public, in
and for the State and aforesaid, do hereby
certify that DANIEL A. COLAW, JR., Divorced, whose name is
signed to the foregoing Deed, bearing date the 1 7 day of
1980, has this day personally appeared
before me and acknowledged the same.
Given under my hand this L day of
My commission. expires
Notary Public-
`�t•t
p ouuce_ to ine o_l
77
a
.r �
1 W,L_l .c:t.e_..:.:. Jt :i'1-
1vJJi_ g.n@:lt thereto 3ni13i3d was
L3 r_ -.Dcam.Jj J_'C. JJ i.J Jf
and 5 : .i have been paid, it assersublo.
Clerk.
— 2 —
A (ft"A
rebertchinfo to Grapaq
post (Dffice pox 358
,tep4ens (gitg, Pirginia ZZ655
May 16, 1975
Mr. H. Ronald Berg
County Planner
Frederick County
9 Court Square
Winchester, Virginia 22601
Dear Mr. Berg:
0n Friday, May 23rd I will be leaving Fredericktowne
Company and the Winchester area to accept another position.
I do not want to leave without expressing to you my
appreciation for your cooperation with and kindnesses to me.
I am fully aware that it has only been through the cooperation
of you and others that we together have been able to accomplish
the advancement of the various Fredericktowne projects.
Many times you have accommodated me in a personal
way and I do appreciate it.
With kind personal regards I am,
Sincerely,yours,
Sty i{ Carnes, Jr.
SDC:ms
JUNE 1, 1976
Artbericktufune (9=pang
fast (office PDX 358
V%p4ens 44ty, pirautix 22655
"FREDERICKTOWNE, SECTION I
Dear Property Owner:
As you are probably aware, when Fredericktowne Company recorded
its plat of Fredericktowne, Section I, a common entranceway and an
area designated as a park were shown. The park is bounded on the
north and west by Amelia Avenue and on the south and east by Amherst
Avenue and contains roughly 30,000 square feet.
Now that Fredericktowne Company has, with a few exceptions, sold
out of this project, we desire to turn these parcels over to others.
We feel that it would be appropriate if the property is conveyed to a
property owners association composed of persons owning property in
Section I.
We are ready, willing and able to convey title to said properties,
at no cost to you, to a property owners association which is truly rep-
resentative of the property owners in the subdivision. This letter is
being written to all property owners in Section I with the hope that it
will lead to the formation of such an organization.
Fredericktowne Company will take no furthur steps to diverst itself
of this property for a period of 60 days from date of this letter. There-
after, however, in the event that a property owners association is not
formed; we will feel at liberty to offer the property to the Frederick
County Parks and Recreation Department for its use as a park, as a capital -
raising venture or for any other purpose it feels appropriate. This could
include the sale of the property by the Parks and Recreation Department
and its use and subdivision as residential property. Fredericktowne Company
will take no action to oppose such a resubdivision or resale of the property.
It should be clearly understood that in the event that Fredericktowne
Company does convey the property to a property owners association, Frederick-
towne Company will no longer be responsible for the maintenance of that parcel
or for real property taxes on it.
Should you have any questions about the contents of this letter,please
feel free to contact the Fredericktowne office.
Sincerely,
FREDERICKTOWNE COMPANY
President
OKG30)PG427
350-99999
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1/14/87
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THIS DEED made and dated this c94day of �«
1987, by and between Fredericktowne Company, a Virginia cor
poration, party of the first part, and Fredericktowne Park
Association, Inc., a Virginia nonstock corporation, party of
the second part.
WHEREAS, the party of the first part is the developer
of Fredericktowne, Section I. Opequon Magisterial District,
Frederick County, Virginia, and has sold all lots in said sec-
tion; and
WHEREAS, on the subdivision plat, certain land was
designated as "Park"; and
WHEREAS, the party of the second part is a duly formed
property owners association whose membership is limited to prop-
erty owners in the subdivision surrounding the park and whose
purpose is maintaining the property as a park; and
WHEREAS, the parties hereto agree that the party of
the second part is the proper party to own and maintain said
property.
NOW THEREFORE, WITNESSETH: That for and in con-
sideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt of all of which is
hereby acknowledged, the party of the first part does hereby
remise, remit and quitclaim unto the party of the second part,
its successors or assigns, all of its right title and interest
in and to the following described property and appurtenances
thereunto belonging:
All that certain tract or parcel of
land surrounded by Amherst Avenue and Amelia
Avenue and being designated as "Park" and
more particularly described on that certain
plat of Fredericktowne Subdivision, Section
I. made by John W. McNair, Jr., C.P.E.,
dated August 11, 1969, of record in the
Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 361
at Page 609. attached to and by reference
8K68U8PG+.28
made a part of that certain deed of
dedication and declaration of plat for
Fredericktowne Company, Section I. dated
March 11, 1970 and recorded in the aforesaid
Clerk's Office in Deed Book 361 at Page 601.
Reference is here made to the aforesaid instruments
and the attachments and the references therein contained for a
further and more particular description of the property con-
veyed.
This conveyance is made subject to all duly recorded
and enforceable restrictions, easements and rights of way of
record and to any and all rights of property owners within
Section I of Fredericktowne to use such property.
WITNESS the following signature and seal:
FREDERI/CKTOWNE F Y
By (SEAL)
P esident
STATE OF VIRGINIA oCat�
C' OF To -wit:
The foregoing instrument was acknowledged before me by
Noel M. Borden, who is President of Fredericktowne Company, a
Virginia corporation, on behalf of said corporation.
Given under my hand this day of �ur.�� 1987.
My Commission expires 4C-2- 9. lel? 7 _
Notary Public
;3iN!A FRCD,_`fi(;K CvmItr,,- s,CT. v
Thi ina! . rr►arr' ni writing was pry:! :^ i t.) me an Vvs t flay rn �'" �`^
................. Y _ _. _ - ._...._..._.:.
nnel with rer!iticatL Cn` acknowledgment therPta annexed was admittn'
•ErRrd.
- 2 -
RNCK s PAGE 588
350-•'j9999
ri, D/kmw
it/10/66
ARTICLES OF INCORPORATION
Mai
FREDERICKTOWNE PARK ASSOCIATION, INC.
I hereby associate to form a nonstock corporation
under the provisions of Chapter 10 of Title 13.1 of the Code
of Virginia and to that end set forth the following:
.I
FIRST: The name of the corporation is Fredericktowne
Park Association, Inc.
SECOND: The purpose or purposes for which the
corporation is organized are:
A. To provide for the maintenance of a tract
of land located within the subdivision known as
Fredericktowne, Section I and designated as
"Park" of the plat of the subdivision of
recorded in the Clerk's Office of the Circuit
Court of Frederick County, Virginia in Deed
Book 361 at Page 609.
B. To collect and disburse fees from members
for the foregoing purposes.
C. To transact any and all lawful business not
required to be specifically stated in the
Articles of Incorporation, for which
corporations may be incorporated under the
Virginia Nonstock Corporation Act.
THIRD: No part of the net earnings of the corporation
shall inure (other than as a direct result of its engaging in
one or more exempt functions) to the benefit of any private
person, except that the corporation shall be authorized and
empowered to pay reasonable compensation for services rendered
and to make payments and distributions in furtherance of the
purposes set forth in Article Second hereof. No substantial
part of the activities of the corporation shall be the carrying
on of propaganda, or otherwise attempting to influence
legislation, and the corporation shall not participate in, or
intervene in (including the publishing or distribution of
statements), any political campaign on behalf of any candidate
BQGK 6 Fr.1E 589
for public office. Notwithstanding any other provisions of
these articles, the corporation shall not carry on any other
activities not permitted to be carried on by a corporation
exempt from federal income tax under Section 528 of the
Internal Revenue Code of 1954, as amended (or the corresponding
provisions of any future United States Internal Revenue law).
FOURTH: The corporation's membership shall be
constituted as follows:
A. Only those persons owning lots 67, 68.
69, 70, 71. 72. 73, 74, 43, 44, 45, 46, 47,
48. 49, 50 and 51 and over the age of
eighteen (18) years shall be eligible to
become a member.
B. Termination - Membership will auto-
matically terminate upon the sale or
conveyance of one's ownership interest, or
upon moving from the residence located
within the subdivision. The person whose
membership interest is terminated will no
longer be permitted to vote and hold office
as a director or officer.
C. Voting - Each lot shall have one vote
shared by those persons owning a fee simple
interest in that lot or residing thereon.
The voting privilege is suspended
automatically during that time that any
assessments are over six (6) months in
arrears for the lot in question.
FIFTH: The post office address of the initial
registered office of the corporation is 5095 Amelia Avenue,
Stephens City, Virginia 22655. which is located in the County
of Frederick, Virginia. The name of its initial registered
agent is Donald S. Cornell, who is an officer and director of
the corporation and a resident of Virginia and whose business
office is the same as the registered office of the corporation.
SIXTH: The initial Board of Directors shall consist
of four (4) in number, and the names and addresses of the
initial directors who are to hold office until the first
election of directors are as follows:
- 2
BOOK 6 FAcE 590
George W. Rampey
5121 Amherst Avenue
Stephens City, Virginia 22655
Charles W. Swope
5100 Amherst Avenue
Stephens City, Virginia 22655
David L. Zarefoss
5078 Amelia Avenue
Stephens City, Virginia 22655
Donald S. Cornell
5095 Amelia Avenue
Stephens City, Virginia 22655
The number of directors shall thereafter be
determined in accordance with the bylaws.
SEVENTH: The duration of the corporation shall be
perpetual, subject to termination only upon the vote of more
than two-thirds (2/3) of the votes of members present or
represented by proxy at a duly called meeting for such
purpose. Upon the dissolution of the corporation, the Board
of Directors shall, after paying or making provisions for the
payment of all of the liabilities of the corporation, dispose
of all of the assets of the corporation in a manner which is
consistent with these articles and which is in keeping with
the fact that the corporation has applied for and been granted
status as an exempt homeowners association as defined in
Section 528 of the Internal Revenue Code of 1954, as amended,
and is desirous of maintaining such status throughout its
existence.
IN WITNESS WHEREOF, the undersigned has hereunto set
his hand and seal this /04 day of 1986.
(SEAL)
- 3 -
BOOK 6 PACE 591
STATE OF VIRGINIA ZOO
f. OF ��.c./�o Ceti To -wit:
The foregoing instrument was acknowledged before me
by
Given under my hand this 16 day of `�/1a&ern1986.
My Commission expires vl�J�7_.
Notary Public
- 4 -
A14ENDMEIIT POLICIES
The following sequence of events and policies are to
be followed in amending the Frederick County Zoning Ordinance
adopted November 1, 1973.
All Rezoning Applications will contain:,
1. One (1) copy of application.
2. One (1) copy of plat of laud to be rezoned with
metes and bounds prepared'by a licensed sur-
veyor. Plat must show lumber of acres to be
_ rezoned.
3. One (1) copy of a scaled location map (V
20001) that outlineY the land to be rezoned
prepared by a lie sed surveyor.
4. One (1) copy of deed to the land.
5. One (1) copy of,Economic Impact Study (attached).
6. Every application shall include proof that all
property taxed due and payable to the County
are paid and that no delinquent taxes are out-
standing.
7. Every petition or application or reapplication
for rezoning shall be accompanied by a fee in
the .araour� of one hundred dollars ($100) plus
one doll�r ($1) per acre to cover the costs of
he adv rtising and other expenses connected
with th processing of a petition or application
I
or reapp`Li-cat ion .
�,N
Wednesday, March 9,1977
Lf Assessm
ot,ent
TV
' l
Being Vuestionedl."..
By GEORGE U. STODDART Stephens Run sewage treatm
rs�awrit" according to Jones:
ompany has filed Fredericktoi:e a The developM, Jones said, wa
suit for a ate against Frederick available ' bM"
County zcircuitcoutt.,.,—,,
Attorney LOU Coitello saidat.
filed Friday, calls for a i ge
assessed value, of .lots at the
'
development outside of
at $MW'T,
The suit eon,., which do a t
ie,but whie'l are.
on record
The suit conten the W are, only
worth $1,W0 oath a are not yet
Be* 'With thil* aetordbig,
to Costello
cou* i4mf Mtenii& �ee s
it
! H H e%id 'at ftedertktowne petitioned,
the former Soirdld Supervisors to, ap-
prove the subdivision -without a surety
bond. Surety bonds guarantee promised
improvements, Rqnalds said. ."Since the
subdivision was aWoved without a surety
bond the lots cant be sold until the im-
provements are , made," Renalds ex-
plained
County Plaonerldn Berg said the suit
asks. for a total annual taxation of $1,186. If
the suit is ruled in favor ' of Fredericktowne
the county would! be required to return
$4,846 in 1975 taxes, Berg said.
Wellington ion the engineer -director
of, the Fredert1k, County Sanitation
Authority, said ,that Fredericktowne has a
contract. with the Authority to guarantee
,sewer connections in the Predericktowne
area. :
'Thecontract was sipedAprfl25,197.5on
A,ZijLoql arrangement, according to
C_
(r
Fredericktowne 9 I 138 "lot
Opequon Magisterial Dist
SU71)V 197 0