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HomeMy WebLinkAboutGlenmont Village Section 7 Shawnee District - Backfile (2)RAY D. PETHTEL COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 EDINBURG, 22824 WILLIAM H. BUSHMAN RESIDENT ENGINEER May 19, 1992 TELE (703) 984 4133 FAX17031984-9761 Mr. Charles E. Anna C/O Potomac Edison Company P. O. Box 3200 Winchester, VA 22601 Dear Chuck: Ref: Glenmont Village Subdivision Section VII Frederick County Enclosed you will find your approved Land Use Permit #855-01835 which quitclaims your facilities within the street right-of-way of the referenced project. I have also enclosed a copy of your deed of quitclaim dated October 21, 1991 which was put to record at the Frederick County Clerk's Office in Deed Book 771 Page 0349. Should you have any questions, please give me a call. Sincerely, William H. Bushman Trans. Resident Engineer gw(�6 By: Robert B. Childress Hwy. Permits & Subd. Specialist Sr. RBC/rf Enclosures xc: Mr. R. W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS At the regular meeting of the Board of Supervisors of Frederick County, Virginia, held January 7, 1992, it was duly moved and seconded that the following resolution be adopted. BE IT RESOLVED, that the Virginia Department of Transportation is hereby requested to add the following roads to the Secondary System of Frederick County, pursuant to Section 33.1 - 229 of the Code of Virginia, 1950, as amended: ASHLEY DRIVE (50' ROW) Glenmont Subdivision Section VII From: Intersection with Route 657 To: 0.08 mile South of intersection with Ashley Circle (cul- de-sac). Length-: 573.001_or 0.11 mile and as described in Deed Book 746, Page 755 and as certified on June 15, 1990.. ASHLEY CIRCLE (50' ROW) Glenmont Subdivision Section VII From: Intersection with Ashley Drive TO: 275.001 or 0.05 mile West (cul-de-sac) Length: 275.001 or 0.05 mile and as described in Deed Book 746, Page 755 and as certified on June 15, 1990. The length of this addition totals 848.001 or 0.16 mile. BE IT FURTHER RESOLVED that the Board of Supervisors does guarantee to the Commonwealth of Virginia an unrestricted right of way of 50' as described in the above referenced Deed Book and Page numbers, with the necessary easements for cuts, fills and drainage. This resolution was approved with the following recorded vote: Richard G. Dick Aye ;Charles W. Orndoff, Sr. Aye Beverly J. Sherwood Aye James L. Longerbeam Aye W. Harrington Smith, Jr. Aye Robert M. Sager Aye A COPY TESTE John R. R ey, Jr. Frederi ounty Admin strator FINAL PLAT i . sE.r.TION SEVEN QKl � 6PGp 755 GLENMONT VILLAGE SHAWNEE. DISTRICT, FREDERICK COUNTY, VIRGINIA April 25, 1989 SENSENEY R040 RouTE 1457 I; �-SCC7/OAV B&AA11AAF GG EMO1V7- 0 d'. OUS A vi1. c4GE y Z ALL PROPERTY OWNERS IN GLENMONT VILLAGE ARE REQUIRED TO BELONG TO THE GLENMONT VILLAGE HOME OWNERS ASSOCIATIONS. THE ASSOCIATION IS THE OWNER OF ALL AREAS SHOWN AS COMMON AREA ON THE ATTACHED PLATS AND IS RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS. ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRICTIONS AND COVENANTS ATTACHED HERETO. A COPY OF THE FINAL MASTER DEVELOPMENT PLAN FOR GLENMONT VILLAGE IS ON FILE AT THE FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVEL— OPMENT. APPROV Y FREDERICK CO. SANITATION AUTH. DATE ,?,/ PLANNING COMMISSION //✓ DATE —lS ,9 c% SUBDIVISION ADMINISTRATORk DATE_(�� VA. DEPT. OF TRANSPORATION LJDATE izG OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF BGW INC. AS APPEARS IN THE ACCOMPANYING PLATS IS WITH THE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED 1,'*Wk?RIETORS, A N D TRUSTEES I F NY. A,,,,w,.r i /�'►oa_ �w..k /&4 #Ape Ji t e.•. +va. i/" ems° -89 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO BGW, INC. BY DEED DATED MAY 15, 1984 AND RECORDED IN THE FREDERICK COUNTY COURT CLERK'S OFFICE IN BOOK 576 AT PAGE 451. H. BRUCE EDENS, LSB Iva c� H. BRUCE EDENS No. 162 B Greenway Engineering & ,Surveying Co., Inc. s E 1104 Baker Lane • Winchester, Virginia* 22601.703-662-4185 H. Bruce Edens • President SHEET of • 1,cY1rURv1; DATA 8K 7 4 6 PG O l 5 6 LOOT DELTA RADIUS ARC TANGENT CHORD 1 88038'40" 50.00' 77.36' 48.83' N68035'26"E-69.87' 6 39046'21" 50.00' 34.71' 18.09' N04002'06"W-34.01' 6 48011'23" 25.00' 21.03' 11.18' N00010'25"I-20.41' 7 50047'55" 50.00' 44.33' 23.74' N41015'02"E-42.89' 8 47037108" 50.00' 41.55' 22.06' S89032'28"E-40.37" 9 45°50'12" 50.00' 40.00' 21.14' S42048'48"E-38.94' Ill 57017'45" 50.00' 50.00' 27.31' S08045'11"W-47.94' 11 48°11'23" 25.00' 21.03' 11.18' S48021'48"W-21.41' 11 35"03'26" 50.00' 30.59' 15.79' S54055'46"W-30.12' 14 14044'12" 25.00' 6.43' 3.23' S74027'20"E-6.41' 14 91021'20" 25.00' 39.86' 25.60' S21024'34"E-35.77' 15 78018'37" 50.00' 68.34' 40.71' N81032'22"E-63.14' 15 55"47'31" 25.00' 24.34' 13.23' N70016'49"E-23.39' 16 46002'04" 50.00' 40.17' 21.24' S36017'18"E-39.10' 17 50018'59" 50.00' 43.91' 23.48' S11053'14"W-42.51' 18 41°29'24" 50.00' 36.21' 18.94' S57047'25"W-35.42' 19 34022'39" 50.00' 30.00' 15.47' N84016'34"W-29.55' 21 91021'20" 50.00' 79.72' 51.20' S21024'34"E-71.54' 21 91"21'20" 24.41' 38.93' 25.00' S68035'26"W-34.93' AREA SUMMARY LOT AREA = 4.40 ACRES STREET R;W = 1.065 ACRES COMMON AREA = 1.682 ACRES TOTAL AREA = 7.147 ACRES c�,e vE 0,47-4 - SEAT/ON 5-EI/4�9k/ IgL E.t/M O/l/ T Sh�A lc%/EE O/.STD/CT, F/ZEDE!?/�K CO �/it/T' y, ! /q. SCALE DATE: 4PAP/42.5 1999 rt\Greenway engineering & Surveying Co., Inc. 1104 Baker Lane* Winchester, Virginia o 22601. 703-662-4185 H. Bruce Edens • President o��EALTx o,�` ►� H. BRUCE EDENS 5: Na 1628 SHEET Z of 4::r,, 7 BM7�46PG01157 /vG5°43'54"W � I 3 1 I 4 I o e, Z60 ¢ g Z �I of m 50 3 NIIN, b W I S �5°43'54"E 0 .all 14 � o � I N 4 7f3.09 ' i ,,V lo7' 05' /4"W ZOO.00" AsyZ Ey 50' �z/w � O N 9,0/4 0 G lAle — o lV /O ' G✓i3OE "MOSC4O/n'46�1 �1 _ EASEiNENT � / P S �s'43'S4 "E S 7" 05 ' /4 "E S ENSENEY _ Q0AD `,� �� p • u/io� L.I oSGAPiNIs ESM'T. Z05.30 ' ROUTE 657 /1,/! G P,147- GZ 6_A1 IOA1r VIZZ4646 5S1/.4 Gr AAt/ D/ST2/CT, �l�E"DE"!1/C!{ CO UA17-Y, V4. SCALE: /" = 54' DATE: 4PR/Z Z5 /969 Greenway Engineeriny & Surveying Co., Inc. 1104 Baker Lane • Winchester, Virginia • 226010703-662-4185 H. Bruce Edens • President cam, N. BRUCE EDENS No. 162 B SHEET 3 of -J V1 V1 e, /V 10 s 8 ��m N IN "SN\ 7 B5. 4' ��) 8,�93� ��ttiN o ( 3�a o ,�I o , 6, Z'50 4i ,5 6 5 0 43' 54 1A.141 PZ47- 4) 1---1 �0411 A 19 /0.' 101 � 0/ 6p/ 0 0/ 0 40 46, (0419 �z A/ r V& Z 4 45 51-7154 AIIV,5� O1S7--,e1Cr1 '4Vzwzw1e-& COZIA177Y, W. SCALE: /11 -=' jV 14 -- -I DATE t Aq1Z -75, /989 fot\ Greenway En gineering & Surveying Co., Inc. 1104 Baker Lone* Winchester, Virginia 0 226010 703-662-4185 %47 H. Bruce Edens 0 President 01% fNIAR 4i H. BRUCE EDENS Z No. 1620 SHEET 4 of C.- ri .4 SA/Z 6Y 40RIV4C 50-A'I'ktl zoo -644 7,/ zO Fzo N a, 360,0 N\A10Z lo' 75.L -- .94. 0�3 /0 y X' w � 14"4 �zz - �54 �4e- ,----111,14L Al-47- - 544--6-7'10AI 6 646-Al"OAlr VIZZ46460 51-14 DISTRICT", 'lll-R'6wl:R-1CA' CO'111VTY 4 SCALE: //l - 501 DATEs 4Rell- 25, /969 Greenway Engineering &Surveying Co., Inc. 1104 Baker Ldne 9 Winchester, Virginia 0 22601 * 703-662-4185 H. Bruce Edens e President R ON 4 4St.I.TH 6 p ��N�, 'Par 0 lk, 2 o H. BRUCE EDENS 5w* No. 162 13 SHEET 5 of 0- BK746PGO760 TN tj .oA 7"TON LAND 45"c EY ORIVE 5 �4e,�'o� ,✓ Z5.ra4' — /4 /3 /Z I tqr-, ,'' S 24' /lv �fi a h ,5" W EA P 6 \ t40 A� 'A CotA �82 AQE L1A E5M'r \ \ 00 \ \ y20 o rt �T t 0 tj 3a / /B / 7 Wn�EQ \ tot ri o ij 0 5 \ E COMMON AREA - 5EC7-10A/ SEV,E:V 4G4 4!FA1M OA/T WZZ464E 51-1,4 l c,/t/Et<" o/sT.4/cr, ,�,Q�'DE�/ck coaw7y, w. SCALE: /" = /00' GATE _ .QPRIZ Z5, /9B9 ft\ Greenwkty Engineering &--Sarveying Co., Inc. 1104 Baker Lane • Winchester, Virginia • 226010703-662-41 5 H. Bruce Edens* President VIRGINIA FREOEPoCK OOLWTV, %w. and c.tuncaa a aw ar, �} �wrot to rawd. I` l EpLT8 0.++ �O yfpc. H. BRUCE EDENS 9 No.,162 B SHSET � ,, it O ( I" COUNTY of FREDERICK Department of Planning and Development 703/665-565$1 FAX 703/667-0370 August 21, 1989 Mr. Ron Ward P.O. Box 2071 Winchester, Virginia 22601 Dear Mr. Ward: This letter is to confirm the Frederick County Planning Commission's action at their meeting of August 2, 1989: Approval of the Subdivision Plat of Glenmont Village, Section VII, 7.147 acres, for 21 single-family cluster lots. This property is located on the south side of Route 657 (Senseny Road), 1.6 miles east of intersection of Route 656, in the Shawnee Magisterial District. The change has been noted to allow 21 single-family cluster lots instead of 48 multiplex housing units as originally indicated on the master development plan. -.If you have any questions regarding your subdivision, please do not hesitate to call this office. Sincerely, Kris C. Tierney s Planning Deputy Director RCT/dkg cc: Greenway Engineering 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 11 + 5 c'�J• ' 160, OCo " JN 33 DO ' S C4' /G ' O!o " lt/ 2Jdt. &¢' S Z4' /G '99'l6/ /05. >O' '• 75.G�J' 75.4oa 7'S.Gl�' .5.A0' BO.lXJ' G3.G4' GG.Bre' c.Er.Z41 �f4 I - 2D' Otrti�NaGE EASEMENT,' ` UO I V► In ry N N � d u+ •� 0 � i(V � � U i A •Q �' � w':: ••. -::; o �' oil o , ° of ° pig U1 �o A w .� 7�10 P/C Z�5_ ifU11-01,'✓ — a, 1�oa•�l �4 �f4 �. i o \ \ N ... IE; �6 ' Sg..1✓! ' >5.00 75001 75.00 <<< 495.00' S Z 621 " L9621 w a 95 00' -5 za /6 o� ' A ASNL E DAP/!/E 50 ' 45y1- EY D q1 V6 50 ' ,Qlpl r -- - 130. oo _ -- - � o N 6`.d 49 99' 75.00' if,5.04 25.&4 Z 3�_� NU �� - zs ec "> "110 °�� Z5' 19 'P.L Z5 41 !- \ _ o s �;C �.d j �1 Z00.0 ' NI -', � Q, � i A N O to VZ i • V1 N V.i s _ � a km Sb )� i /_Z_o.00, %1N a A Q N o p N \ , I \ ,N + g \� I 4" - / U o �;° A.z¢.�a' /4�/G' .vZ��,� o�"� 0 n� C�. 00009,000 , IW v j y 'AA ZO cc'a P. L lvf:00 14) Ix Sf3 Zy- �O M/noN--A�\ , \ , ,y � F Not use PIA s -o �G 1� icf �l 1c C t�Sc MeN !S C t C O �x/ / 3 - %� ., 9 e 95 ¢ 8 a i` j:�/.? l_ �. lalt, Sc (�EiU iR f' Bcic.U/ 1 go �8 �. G L E/t/ �' % EJ, / 70 I �` '' '' a20 SCALE /' O DATE ° ,��;; J� Z.� /964 e r'' I �� /�� •13 / i 5, co 35. �,� L:T N ZZ " .4 V �`+ ;;r--; :ie••• ,,,,,.. •.ti.•, ...,,,,. vr,y,r„o • ;160+• 7Q3-662-ti+a`_, ,r.nq • i•r r.. rjpnf 27089 iii,' LARRICK AND LARRICK ATTORNEYS AT LAW WINCIIESTER, VIRGINIA �6 eKi 4 6FG0 r 0 DEED OF SUBDIVISION AND DEDICATION THIS DEED OF SUBDIVISION AND DEDICATION, made and dated this _V,) day of ,i 1990, by and between BGW, INC., a Virginia Corporation, its successors or assigns, party of the first part; COUNTY OF FREDERICK, VIRGINIA, party of the second part; JAMES R. LARRICK, JR., Trustee, party of the third part; and FARMERS AND MERCHANTS NATIONAL BANK, Benefici- ary, party of the fourth part. W I T N E S S E T H• WHEREAS, BGW, Inc. is the fee simple owner of the real estate shown on the attached subdivision plat drawn by Greenway Engineering and Surveying Co., Inc., dated April 25, 1989, known as GLENMONT VILLAGE, SECTION SEVEN which real estate is a part of the development known as GLENMONT VILLAGE as described on the Master Development Plan for Glenmont Village on file in the Frederick County Depart- ment of Planning and.Development. The real estate subdivided herein is a portion of the real estate conveyed to BGW, INC. by deed dated May 15, 1984, from William M. Battaile and Virginia B. Battaile, his wife, and Richard U. Goode and Joan N. Goode, his wife, which deed is of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 576 at Page 451 and, 1 f 4 QK7407 4 i WHEREAS, James R. Larrick, Jr., Trustee, party of the third part; and FARMERS AND MERCHANTS NATIONAL BANK, Benefici- ary, party of the fourth part, desire to join in the sub- division and dedication of said property for the purpose of releasing their lien as to the property subdivided and as to the common or open areas as shown on the plat. NOW, THEREFORE, this Deed of Subdivision and Dedication WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of Ten ($10.00) Dollars and other good and valuable consideration, receipt of which is hereby acknowledged, the parties do hereby subdivide the said parcel of land into GLENMONT VILLAGE, SECTION SEVEN, containing twenty-one (21) lots according to the subdivision plat dated Apri1'25, 1989, made by Greenway Engineering and Surveying Co., Inc., which is attached hereto and made a part hereof, and which plat is drawn in conformity with the Master Development Plan for Glenmont Village on file in the Frederick County Department of Planning and Development, the same to be known.hereforth as GLENMONT VILLAGE, SECTION SEVEN and do hereby grant dedicate for public street purposes that land shown on said plat as public streets designated Ashley Drive and Ashley Circle, declaring that said subdivision and dedication is made with their free consent and in accordance LARRICK AND LARRICK ATTORNEYS AT LAW WINCIIESTER, VIRGINIA 2 4 r LARRICK AND LARRICK ATTORNEYS AT LAW WINCIIESTER, VIRGINIA 6K71 u('GU � 112 with the applicable state and county statutes and ordinances. This plat of subdivision and dedication has been duly approved by the proper authorities on the County of Frederick, Virginia, as is evidenced the signatures affixed hereunto. WHEREAS, said real estate has been subdivided into lots as shown on the plat which shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and this plat or a former plat also shows that certain common or open space area which is to become the property of the GLENMONT VILLAGE ASSOCIATION. The party of the third part, and party of the fourth part hereby release and discharge from the lien of their deed of trust the land designated common or open space area on the plats of SECTION SEVEN, GLENMONT VILLAGE. Every person or entity who is now or who becomes the record owner of a fee simple interest, undivided or not, in any subdivided lot, in this or any present or future dedicated section of real property known as GLENMONT VILLAGE shall, by acceptance of the deed or otherwise, become a member of the GLENMONT VILLAGE ASSOCIATION. Excluded from membership and assessment are entities who hold an interest merely as security for an obligation and/or the Commonwealth of Vir- ginia, acting through any of its agencies or authorities; the County of Frederick, or any of its agencies or authorities, 3 LARRICK AND LARRICK ATTORNEYS AT LAW WINCHISTER. VIRGINIA eK74►)6[171 ir 3 the United States of America, acting through the Farmers Home Administration, Veterans Administration or Federal Housing Administration or any other agency, administration or authority. Each member of the ASSOCIATION shall be entitled to one vote for each lot in which they hold the interest required for membership in the Association. 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 case with respect to any lot. In the event of a dispute as to the ownership of any lot, the Frederick County real estate tax roll shall control. The affairs*of the ASSOCIATION shall be managed by a board of three directors who are elected by the members of the ASSOCIATION. So long as BGW, INC., owns any lot or land shown on the master development plan for GLENMONT VILLAGE, its directors shall be eligible to serve as directors of GLENMONT VILLAGE ASSOCIATION. The initial board of directors of the ASSOCIATION shall be the directs of BGW, INC., who shall serve until they resign or until their successors are elected at an annual meeting of the ASSOCIATION. BGW, INC., covenants for each lot it then owns in any present or future dedicated section of GLENMONT VILLAGE to pay 4 B�c7t��i�u0744 to the ASSOCIATION the annual assessment fixed by the ASSOCIA- TION's Board of Directors for that year only. By the accep- tance of the deed or other form of conveyance (will, intes- tacy, or otherwise) each lot owner of any lot within any present or future section of GLENMONT VILLAGE shall become a member of the GLENMONT VILLAGE ASSOCIATION, or its successors or assigns, and shall be deemed to covenant with the ASSOCIA- TION to pay to the ASSOCIATION the annual assessment fixed by the ASSOCIATION when it is due. Membership in the ASSOCIATION shall be appurtenant to any may not be separated from the ownership of any lot subject to assessment. The initial and subsequent assessments provided for herein shall be at a uniform rate for each lot. The initial 'assessment is $30 per lot per calendar year beginning January 1, 1991, due and payable March 31 of each year for the year in which the assessment is made and shall continue in that amount until changed by the Board of Direc- tors as set forth herein. It is due from the record owner(s) of each lot as of December 31 of the year preceding the assessment and shall be the personal obligation of the lot owner(s). From and after January 1 of the year immediately follow- ing the conveyance of the first Lot to an Owner, the maximum annual assessment per lot may be increased above that set LARRICK AND LARRICK ATTORNEYS AT LAW WINCHESTER. VIRGINIA u 5 LARRICK AND LARRICK ATTORNEYS AT LAW WINCIIESTER. VIRGINIA Bit C 4 6 V FG 0 l l; 5 forth hereinabove by a vote of the members, for the next succeeding year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose by the Board of Directors. Written notice of the meeting shall be mailed to the lot owners at their addresses on record with the ASSOCIATION not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, which notice shall set forth the purpose of the meeting. After consideration of current maintenance costs of the common area and any special needs of the ASSOCIATION, the Board of Direc- tors shall fix the annual assessments in an amount not in ex- cess of the maximum annual assessment as fixed by the members. The initial annual meeting shall be called upon request of 50% of the members of the ASSOCIATION or within one (1) year of the date of recordation of the Deed of Dedication, whichever shall first occur, and upon thirty (30) days notice. Presence at the meeting of members or of proxies entitled to cast sixty-seven percent (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 herein and the required quorum at any such subsequent meeting shall be two-thirds (2/3) of the required quorum of the preceding meeting. No such subsequent 2 8K 6 0 6 meeting shall be held more than sixty (60) days following the preceding meeting. The ASSOCIATION will, upon request at any time, furnish a written certificate signed by an officer of the ASSOCIATION, setting forth whether or not the assessments on a specified lot have been paid. A reasonable charge may be made by the Hoard for the issuance of the certificates. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum, and the ASSOCIATION may bring an action at law for judgment against any owner personally obligated to pay the same and recover interests, costs and reasonable attorney's fees on any such action which shall be added to the amount of the assessment. No owner may waive or otherwise avoid liability for the assessments provided for herein by non-use of the common or open space area or abandonment of his lot. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or deed of trust now or hereafter encumbering any lot. The sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot which is subject to any deed of trust, LARRICK AND LARRICK pursuant to a foreclosure thereof, shall extinguish the lien ATTORNHYS AT LAW WINCHESTER. VIRGINIA 7 LARRICK AND LARRICK ATTORNEYS AT LAW WINCHESTER. VIRGINIA 8n I !i U'U U ( 4 1 of such assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. The ASSOCIATION shall have the right to suspend the voting rights and the right to the use of the open or common area by a member or his relatives 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. Lot ownership shall be the sole qualification for membership in the ASSOCIATION. The ASSOCIATION shall have the right to dedicate or transfer all or part of the common or open space area to any public agency, authority, or utility for public purposes. BGW, INC., reserves unto itself, its heirs and assigns the right to create future easements in the common or open areas and the right to erect and maintain electric and telephone poles or facilities and sewer, gas, water, drainage or television lines or cables along existing roadways or rights of way or to grant similar easements or rights of way there- for, with the right of ingress and egress for the purpose of erection or maintenance on, over or under a strip of land fifteen (15) feet wide at any point along the side, rear or front property lines of any lot or tract in the subdivision, n i LARRICK AND LARRICK ATTORNEYS AT LAW WINCHESTER, VIRGINIA GKr'4a'G0r113 including the right to grant such easements to others. The ASSOCIATION, its successors or assigns 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 document. Failure by the ASSOCIATION, its successors or assigns, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Invalidation of any one of these covenants or restric- tions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. The above covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of ten (10) years from the date of the Deed of Subdivision and Dedication and these covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy-five percent (75%) of the then owners of the lots is recorded changing these covenants in whole or in part. BGW, INC., reserves unto itself, with the consent of the Frederick County Department of Planning and Development or its director, the right to modify, alter or amend its master development plan for GLENMONT VILLAGE as now on file with the 9 Q LARRICK AND LARRICK ATTORNEYS AT LAW WINCHESTER. VIRGINIA Bit ( j } (' G () ! d Frederick County Department of Planning and Development. WITNESS the following signatures and seals: HGW, IN ��� 4 � By: � s. t.li. (SE)h illiam R. Ward, Jr. , t _' �' c Vice President COUNTY OF FF AF,URICK By: (SEAL) (SEAL) Jame R. Larrick, Jr., Trustee FARMERS & MERC NTS NATIONAL BANK By: (SEAL) M. Le ppe, Exofjtive Vice President STATE OF VIRGINIA, AT -LARGE, CITY/4GUNW OF � ,��o,, / to -wit: The foregoing instrument was acknowledged before me this day of L,tyu_ , 1990, by William R. Ward, Jr., Vice President of BGW, Inc. My commission expires %11 • ! y `1c� Notary Public, 10 R LARRICK AND LARRICK ATTORNEYS AT LAW WINCHESTER, VIRGINIA BK7�; FG0750 STATE OF VIRGINIA, AT -LARGE, CITY/COUNTY OFFrj�G�� to -wit: The foregoing instrument was acknowledged before me thisat day of 1990, by ��01 Executive for the County of Frederick. My commission expires�y� L A j Nota y Public STATE OF VIRGINIA, AT -LARGE, CITY/GOUM IP-OF A, , to -wit: The foregoing instrument was acknowledged before me this -7 day of v>LA 1990, by James R. Larrick, IV Jr., Trustee. My commission expires 410 �( Notarl Public STATE OF VIRGINIA, AT -LARGE, CITY/C-9i3 = OF & � to -wit: The foregoing instrument was acknowledged before me this Z5y'day of (31990, by M. Lee Hoppe, Executive Vice President, Farmers & Merchants National Bank. My commission expires Utoo�..& 134 /9941 . 11 Notary ,Publ LARRICK AND LARRICK ATTORNitYS AT LAW WINCIMSTER, VIRGINIA altt «u;��OtS 1 DECLARATIONS OF COVENANTS AND RESERVATIONS GLENMONT VILLAGE SECTION SEVEN WHEREAS, by Deed of Dedication recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, the subdivision known as GLENMONT VILLAGE, SECTION SEVEN was duly dedicated, platted and recorded, and WHEREAS, it is the desire and intention of the owners of said land, BGW, INC., to impose certain covenants, reserva- tions, restrictions and easements upon Section Seven, Glenmont Village, NOW, THEREFORE, the declarant, BGW, INC., does hereby impose upon the said subdivision the following covenants, reservations, restrictions and easements, all of which shall run with the land, as follows: ARTICLE I ARCHITECTURAL CONTROL ,No house, building, fence, wall, structure, or addition thereto shall be -commenced, erected or maintained upon any lot within the subdivision, nor shall any addition be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by BGW, INC. After the lot has been conveyed to an owner by BGW, INC. and the initial home has been approved by BGW, INC. and built as approved, then by the Board of Directors of the Glenmont Village Association, or the architectural committee thereof shall have the approval authority. The entity to whom the plans and specifications are submitted shall either approve or disapprove the same within 30 days from receipt. If not disapproved within 30 days from date of receipt they shall be deemed approved. ARTICLE II PROTECTIVE COVENANTS AND RESTRICTIONS 1. No lot, other than open space lots, shall be used except for residential purposes incidental or accessory thereto. The declarant, a builder, developer or realtor may maintain a model home or sales office within any section of Glenmont Village for sales of homes being constructed in Glenmont Village. 12 LARRICK AND LARRICK ATTORNEYS AT LAW WINCHESTER. VIRGINIA B K 7 1 , 0'►'G0 � 52 Any home occupation approved as an accessory use -by the appropriate Frederick County ordinances and duly authorized by the appropriate County agency is a permitted use on any lot. 2. No clothing, laundry or wash shall be aired or dried on any lot in any area other than in the rear yards of a lot. 3. No tree, hedge or shrub planting shall be maintained in such manner as to obstruct sight lines for vehicular traffic. 4. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon or permitted to remain on any lot which is or may become a nuisance or annoyance to the neighborhood. No exterior lighting shall be directed outside the boundaries of a lot. 5. No sign of any kind larger than one foot square shall be displayed to the public view on any lot, except temporary signs not nor than five feet square in area advertising the property for sale or rent and except for temporary signs erected by BGW, INC., or any builder or developer in connection with the construction, lease, or sale of homes or lots. Subdivision identification signs are permitted. 6. No horse, pony, cow, chicken, pig, hog, sheep, goat, or other domestic or wild animal shall be kept or maintained on any lot other than common household pets. No commercial kennels are permitted. 7. No trash, garbage or other waste material or refuse shall be placed or stored on any lot except in covered sanitary containers placed to the rear of the lot at least five (5) feet from any lot line. All waste containers shall be kept in a clean and sanitary condition and emptied regularly. 8. The Glenmont Village Association shall have the right, (upon 20 days notice by mail to the owner of the property involved, setting forth the action intended to be taken, if at the end of such time such action has not been taken by the Owner) to enter upon the property involved and to repair, restore, or maintain the lot or the exterior of any building erected thereon; and to cut or remove grass, weeds and rubbish from any lot so as to keep all lots neat, in good order and in comparable condition with the appearance of other lots and improvements within Glenmont Village, all at the cost and expense of the owner. The costs and expenses are to be paid to the Association upon demand and if not paid within ten (10) days thereof, then shall become a lien upon the property affected, equal in priority and enforceable in the same manner as the assessment lien provided in the recorded Deed of Dedication and inferior to the liens of any deeds of trust. 13 LARRICK AND LARRICK ATTORNEYS AT LAW WINCIIESTER, VIRGINIA BK7it, (""P,U0i53 9. No abandoned motor vehicles will be permitted on any lot or in any street or parking area. For this purpose, an abandoned motor vehicle is defined as one which either bears an expired license plate or none at all. 10. No structure of a temporary character, trailer, basement, tent, garage, or other outbuilding shall be used at any time as a residence, either temporarily or permanently. All exterior construction of any dwelling, outbuilding, or other structure must be completed within twelve (12) months after construction is commenced unless extended by the Association. 11. No owner shall erect any structure within, or otherwise obstruct, any easement across his lot, nor divert or otherwise interfere with the natural flow of surface water, nor obstruct any drainage ditch. 12. Declarant reserves easements for installation and maintenance of public utilities within the building restric- tion lines of all lots in addition to easements reserved by any other instrument duly recorded. 13. The covenants, restrictions, and other provisions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which they shall be automatically extended for successive period of ten (10) years. This Declaration may be amended by.an instrument signed by not less than seventy-five percent (75%) of the lot owners of any par- ticular section of Glenmont Village. IN WITNESS WHEREOF, the said BGW, INC., being the Declarant herein, has caused this Declaration to be signed by its Vice President, this _ day of 1990. 14 BGW,`INC. By: S AL) William R. Ward, Jr Vice President .ARRICK AND LARRICK ATTORNEYS AT LAW WINCIIESTER, VIRGINIA Bid(r b"i"G0754 STATE OF VIRGINIA, AT -LARGE, CITY/166WNTY OF (Aj ��t D �1 :¢ �, to -wit: The foregoing instrument was acknowledged before me this''7 day of 1990, by William R. Ward, Jr., Vice President ofC43GW, INC. My commission expires CI& L-n �Q NotaryO Public 15 FINAL. PLAN L.CI T IJN ',EVEN 6}(7 4 � i � Q T j 5 (;I_I NMIIN I Il 1 I I AI;I ;HAIdNI I 1) 1') I P 1 I; 1 , 1 Pt DI It .I CK 1AHIN I V, 1/ I It I; I N Ill April 21_i, 1989 SE1VSENEY R0410 BU,QA//NG AlNoLZS 1 RoaTE 657 Gc eWON7' 1//L LAGS - SECT/ON 515-11 / Z 0 A I SCdLE /"= Zone ALL PROPERTY OWNERS IN GLENMONT VILLAGE ARE REQUIRED TO BELONG TO THE GLENMONT VILLAGE HOME OWNERS ASSOCIATIONS. THE ASSOCIATION IS THE OWNER OF ALL AREAS SHOWN AS COMMON AREA ON THE ATTACHED PLATS AND IS RESPONSIBLE FOR 11-JE MAINTENANCE OF THOSE AREAS. ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRICTIONS AND COVENANTS ATTACHED HERETO. A COPY OF THE FINAL MASTER DEVELOPMENT PLAN FOR GLENMONT VILLAI;E IS ON FILE AT THE FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVEL- OPMENT. APPROVE4 JIY FREDERICK CO. SANITATION AUTH. PLANNING COMMISSION SUBDIVISION ADMINI5TRAT0 VA. DEPT. OF TRANSPORAI-inN OWNE R'' I;I R[ I I- I [;ll I I DATE 1)A IF� [)A I F THE ABOVE AND FOREGOING SIJBDIVISHIN U[- HIL LANI) LIE lil;lil INI;. AS APPEARS IN THE ACCOMPANYTNG PLAT5 I_; W[Ill 1111 lJft.;ENI AND IN ACCORDANCE WITH THE DESIRES OF THE I.JNDI-R',II;N11) AND TRUSTEES, IF NYMawr .ArJ67/9L,�& GJIwK� fer, w wV J'rUs !' V��r- Pr•r SURVEYOR'S CERTIFICAIL I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDII/ISIOIV 15 A PORTION OF THE LAND CONVEYED TO BGW, INC. BY DEED DATED MAY 15, 1984 AND RECORDED IN 111E FREDERICK COUNTY COURT CLERK'S OFFICE IN DEED BOOK 576 AT PAGE 451. H. BRUCE. EDENS, LSB ��EpLT110`�, S C,rO �rpG�. Q H. BRUCE EDENS No. 1628 CJreenway 'Engineering & surveying Co., Inc. 1104 Baker Lane Winchester, Virginia • 226010703-662-4185 H. Bruce Edens • President SHEET / of & L,u'r CIMVl-: I)ATA 6a 7 4 6 PG 0 7 5 6 11011' 1)1-LTA RA1) 1 tIS) ARC TANGI:N'(' l'IIU1Z1) 1 88" 38 4 0 " A).00 77. 36' 48.8 3' N68" 35' 26"E-61).87' 6 39"46'21" 50.00' 34.71' 18.01)' N04"02'06"W-34.01' 6 48"11'23" 25.00' 21.03' 11.18' N00"10'25"1:-20.41' 7 50"47'55" 50.00' 44.33' 23.74' N41"15'02"l!,-42.89' 8 47"37'08" 50.00' 41.55' 22.00 S89"32'28"E-40.37' 1) 45L'50'12" 50.00' 40.00' 21.14' S42"48'48"E-.38.94' 10 57"17'45" 50.00' 50.00' 27.3.1' S08"45'11"W-47.94' 11 48"11'23" 25.00' 21.03' 11.18' S48"21'48"W-21.41' 11 35"03'26" 50.00' 3 0 . 5 9 ' 15.79' S54"55'46"W-30.12' 14 14'-44'12" 25.00' 6.43' 3.23' S74027'20"E-6.41' 14 91021'20" 25.00' 39.86' 25.60' S21"24'34"E-35.77' 15 78"18'37" 50.00' 68.34' 40.71' N81"32'22"E-63.14' 15 55047'31" 25.00' 24.34' 13.23' N7001.6'49"E-23.39' 16 46"02'04" 50.00' 40.17' 21.24' S36017'18"E-39.10' 17 50"18'59" 50.00' 43.91' 23.48' S11"53'14"W-42.51' 18 41'29'24" 50.00' 36.21' 18.94' S57'47'25"W-35.42' 1'J 34''22'39" 50.00' 30.00' 15 47' N84"16'34"W-29.55' 21 91"21'20" 50.00' 79.72' 51.20' S21"24'34"1-71.54' 21 91"21'20" 24.41' 38.93' 25.00' S68"35'26"W-34.93' AREA SUMMARY S�r1zr1�:'r 1z,�w - COMMON ARFIATOTAL AREA _ 4.40 nCPHS 1 .00') ACl' 1:S 1 .082 /1CRI-:S 7 147 AC10-::; e-41R vE OAT,4 - SE cT/Q/V SE!/EN GL E''/VM OA/ T V IZ L 4 GE 5-1-14 c✓tiEE D/.ST2/C7- Co UivT y vA SCALE: OATE = 4o2/G 25, /989 _ftNGreenway Engineering & surveying Co., Inc. %4 1104 Baker lane • Winchester, Virginia • 22601.703-662-4185 '7H. Bruce Edens • President .4 �. v H. BRUCE EDENS No. 1628 SHEET 0 of 7,;46PG07157 / /0. 00, I 1� h I /V ro 543' 54 $ 4 I °o 8, Z50 ¢1' v < �I !/o. oo ' Z �I 8,250¢ m 5 4�15043'54" NI N O / — 50'-- �O' L✓i0E "MOSC4,01AYal EASE.NENT —= S r'5-43'-'54 5 C, 7- 05 ' /4"E S E'NSE'NEY _ APOAD 3 �zz �Q �I ^W� 3 115 6o5'43'54"E' .a m; aN /4 b N l07' 05' /4 � W 200• 00 � ,q�'yL EY C/�ICG E 50'--- n,'�i 110.20 v ti 9, 0/4 ¢ ` N G i.vL � lV N LA OSCAP/N6 E5M'T, Z05.90' ROUTE 657 ,,c"/1\,/4G PL 47" - SE'CT/OA/ GL 6 AAl"OAlr VIZLAGE .SN,4 Gr 1V4 D1 7,-, /CT, , " SQ 9ZWICA- CO ///V/rY , l/.4. SCALE: /" _ ,50' DATE _ 4pq/L Z5, /969 CGreenway Engineering & surveying Co., Inc. 1104 Baker Lane • Winchester, Virginia • 226010703-662- 4185 H. Bruce Edens • President �4EpLTN �' 'Sr C ; H. BRUCE EDENS y No. 162E I�V n SHEET 3 of r • 10'3f7hGPGO758 gd 00 _- —`'"� A /SAGE n _moo jAl � I I l 3 N eo Ia69 M �010 al J N� FIAIAL PZ AT - SEC 7-1OA1 SELl, i:V a 6'*Al" Q A/T VIZ. L AGE 51-1.4 ! AIZ-W O1S7-V/e-7-, lWW64 ICk COZIAITy W. -SCALE: Pl = ,50' DATE t ,41�Q/L 25, /989 Greenway 'Engineering & surveying Co., Inc. 1104 Baker Lane • Winchester, Virginia • 226010 703-662-4185 H. Bruce Edens • President i0 �EALTff 6o y, k C; i H. BRUCE EDENS No. 16213 0 SHEET 4 of C, A SNL EY ORIVC 501, �P/w s z4. • �� ' O� " w ISN 9,895 S 1--r-1A14Z- pG! T - SECT/OA/ 56-41EV GL E'wM owr l//L L �4 GE V4.. SCALE* 50' ATE: 4PR/G 05, /9B9 ft\ reenulay 'Engineering & ,Surveying Co., Inc. \47 1104 Baker Lane • Winchester, Virginia • 226010 703-662-4185 H. Bruce Edens • President �EA�TN 0� Al 5 H. BRUCE EDENS No. 162 B WD-1 SHEET 5 of <�, BK746PGO7GO 0 GA TTON L,41VO Z E2 146; N; I _``` WW 0► o J A51I L E/ ORATE 5 P4'/G'OG ^'H/ v Oc V `Z�' SEWE2 sN.r o 141 ic , IL—j f'' v tj V 02 \\\ ✓A1Ea �\ jai C OMMO/l/ •4,q A - 5ECT101V .SEV.—V 64 E'/VM O A/T VIZ 14 G 4C svA wNEE o� 7r,Qlcr, ro��rs� W. o z SCALE'S ATE: APRI-I Z5,, /.9,99 v H. BRUCE EDENS �• No. 1628 .� Greenway Engineering & Surveying Co., Inc. ;��{.d �0 1104 Baker Lane • Winchester, Virginia • 226010703-662-4185 SURV H. Bruce Edens* President SHEET of eo t V C tC oG�� COUNTY of FREDERICK Department of Planning and Development .703/665-5651 FAX 703 / 667-0370 February 19, 1991 Brenda H. High, Closing Coordinator Philip E. Groves, Attorney at Law 132 South Cameron Street Winchester, Virginia 22601 Re: Glenmont Village, 100 Foot Buffer From Senseny Road. Dear Ms. High: After reviewing the materials accompanying your letter of February 15, 1991 regarding the above cited buffer, it is my determination that there is in fact a 100 foot road efficiency buffer in place along Senseny Road within Glenmont Village. A road efficiency buffer is composed of an inactive portion in which no structures are permitted and an active portion in which only accessory. structures (such as storage buildings) are permitted. In this particular case, the 50 feet closest to Senseny Road is the inactive buffer area and the remaining 50 feet is.an active buffer area. The location of the shed shown on the plat by David Furstenau, dated February 5, 1991 is not a problem as it is situated beyond the 50_ foot inactive. buffer, in the active buffer portion. The location of the house, however, does create a problem as a portion of the structure extends into the active buffer area. The remedy for this situation would be to apply for a variance from the 100 foot buffer requirement. If you or your client, which ever the case may be, choose to pursue this approach you need to contact either Mr. Wayne Miller or Mr. Ron Lilly. Both can be reached at the above number. If I can answer any additional questions concerning this matter, please do not hesitate to contact me. Sincerely, Kris C. Tierne Deputy Planning Director KCT/rsa Attachments 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 PHILIP E. GROVES ATTORNEY AT LAW 132 SOUTH CAMERON STREET WINCHESTER. VIRGINIA 22601 TELEPHONE (703) 665-08SO TELECOPIER (703) 665-0438 February 15, 1991 Mr. Kris Tierney Frederick County Planning Dept. 9 Court Square Winchester, VA 22601 HAND DELIVERED Dear Mr. Tierney: As per our phone conversation, I have enclosed copies of the house location survey for Lot 60, Section Four, Glenmont Village, and a copy of the applicable page of the subdivision plat for this lot. Please respond by letter as to the consequences of the shed and a portion of the dwelling being located in the 100' buffer zone. Thank you for your assistance in this matter. Sincerely, Brenda H. High Closing Coordinator C5 Ole p � IA1 i� FEB i 51':91 Ijj I _ LOT 60 SECTION 4 GLENMONT VILLAGE �i Tr ! FREDERICK COUNTY, VIRGINIA u � tL Rm—tsTLWA NO. Im s ua4 i Q LOT 61 ASSUMED cc ELEV 100.0 ELEV > 6'Lu or ccv IP Z W SHE c EL p D/W Z CLJ f 99.5• N EL O cz Ln f W 98. - W LLJ N � u - f I STORY FRAME STP O O IP bi 79s At) to ►-y co EL 2 EL t0 (L O U) LOT 60 9 STP 99. 9 11,167 d, 25 BRL IP LD m is o� ELEV9OQ s G� • Q 9T,9' VZ i3R0 •ELEV 95.8' IP N 16058'21"E 99.55' P� TWINBROOK CIRCLE (50' WIDE) QERTIFIED CORRECT TO : JOHN E, 6 LISA M. WILLIAMS HIS LOT DOES N HOUSE LOCATION SURVEY DATE: FEBR.5,1991 KALE: 1 to FURSTENAU SURVEYING DWN. By: STEPHENS CITY, VIRGINIA 22655 IEad� F:'-15: GLENMONT VILLAGE SUBI3wQT�'�'7 Shawnee District