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
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No.,162 B
SHSET � ,, it O
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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
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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
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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 &
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26"E-61).87'
6
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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
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50.00'
41.55'
22.00
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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
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25.00'
39.86'
25.60'
S21"24'34"E-35.77'
15
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50.00'
68.34'
40.71'
N81"32'22"E-63.14'
15
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13.23'
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16
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43.91'
23.48'
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S21"24'34"1-71.54'
21
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24.41'
38.93'
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AREA SUMMARY
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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