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HomeMy WebLinkAboutLakeside--Lakeview Townhouses Section 1 thru 7 - BackfileCOUNTY of FREDERICK J% M E M O R A N D U M Departments of Planning and Building 703/655-5650 TO: Frederick County Planning Commission FROM: Stephen M. Gyurisin, Deputy Director SUBJECT: Request for Public Use Dedication — Lakeside Estates Subdivision DATE: July 10, 1986 Please find attached all the information pertaining to the Public Use Dedication request of Mr. David B. Holliday for Lakeside Estates Subdivision. This item was tabled at the last Planning Commission meeting pending representation from the Frederick County School Board. At this time, the staff has not had the opportunity to meet with the School Representatives or developers to discuss further alternatives. The staff would anticipate having additional information from the School Board and developer to present during the meeting. SMG/rsa Attachments 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 REQUEST FOR PUBLIC USE DEDICATION RP (Residential Performance) Zoning District LOCATION: Lakeside Estates Subdivision MAGISTERIAL DISTRICT: Shawnee ZONING: RP (Residential Performance) PROPOSED REQUEST: 26 acres for public school use dedication along Route 642 and Lakeside Drive. CURRENT MASTER PLAN DESIGNATION: Open space/recreation STAFF EVALUATION: This is the first step of a two part process. The first step is to recommend to the Board of Supervisors approval (denial) of the open space for public use dedication. The second step, if approved by the Board of Supervisors for such dedication, is to revise the Final Master Development Plan to reflect any changes of the open space areas. The Planning Commission action necessary for this request will be to recommend to the Board of Supervisors if a public school use is appropriate. The Lakeside development consists of 241 acres and is divided into a number of sections, ie. Lakeview Apartments, Lakeridge, and The Village at Lakeside. 81 acres or 34% has been designated as open space on the Final Master Development Plan. Additionally, two out parcels consisting of four acres and seven acres are also designated on this plan. The open space requirements for this plan require that 30% or 72.3 acres be designated for open space. There are no bonuses for this development. Overall, approximately 8.7 acres plus the two out parcels are designated for open space above the required open space needs. All such common areas shall be conveyed for joint ownership (homeowners association) if not dedicated for public use. The area in question currently has not been dedicated or recorded as a common area on the subdivision plats. The staff generally has no objections to the proposed public use dedication if the County can be assured that the use will be for a public use and if it will serve the community as a whole. However, the staff would propose the following questions: 1. This is the first such request for public use dedication. What precedence will this set for acceptance by the County for other open space for other public uses? 2. Will this proposal serve the community as a whole or will the dedication benefit only a few persons? 3. Does this use, a public school site in the RP District, meet the intent of the RP Codes? PETER S. MC$EE (1934-1967) BENJAMIN M.BUTLER STEPBEN G.BUTLER MICHAEL L. BRYAN MCKEE AND BUTLER. ATT0811EY9 AT LAW 11 SOUTH CAMERON STREET P. O. DRAWER 2097 WnwCHESTER, VIRGngrA 22601-1297 June 11, 1986 Mr. Steve Guyurisin Frederick County Planning Department 9 Court Square Winchester, Virginia 22601 Re: My File No. 5568 Lakeside Development Company Dear Steve: JtI�V t " 86 4 ; Cl- DJf7. OF PL;u,ING L'LLUAcNTN` rt' DE 703 662-3486 PLEAHR RRPLY TO: P. 0. DRAwER 2097 Mr. David Holliday, of Lakeside Development Company, has requested that I write you concerning the status of the property containing approximately 32 Acres, which lies along Route 642 and which has not been developed and has a lake and tennis court on the same. A search of the records in the Office of the Clerk of the Circuit Court of Frederick County indicates that there has been no dedication of the property as a recreational lot for the owners of Lakeside Estates Subdivision nor for the Lakeview Townhouses. This matter was addressed before both the Planning Commission and the Board of Supervisors when the Master Plan for Lakeside was presented and I was under the impression that the question had been resolved at that time. I have talked to certain persons owning property in the Lakeside Subdivision and their strongest assertion is that they feel the property should remain undeveloped. If those persons in Lakeside Estates and Lakeview Townhouses have a claim to the property in the form of a dedication of recreational land, then that claim should be litigated in a court of law and not by the Frederick County Planning Commission nor the Frederick County Board of Supervisors. Ultimately, any decision to be binding on the parties will have to be made by a court of law and not by an administrative body. Mr. Steve Guyurisin June 11, 1986 Page Two I hope this answers any question concerning this land and if it does not, please feel free to address the questions to me. Very truly yours, McKEE and BUTLEP ENJAMIN M. BUTLER BMB:dhc cc: W. A. Johnston, Esquire Mr. David B. Holliday Lawrence Ambrogi, Esquire BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. TISINGER THOMAS A. SCHULTZ, JR. RONALD J. BROWN BRUCE E. DOW'NING ELIZABETH B.JOHNSTON HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 21 50= LOUDOUN STREET June 13, 1986 Mr. Stephen M. Gyurisin Deputy Director Department of Planning and Development County of Frederick P. 0. Box 601 Winchester, Virginia 22601 Re: Lakeside Development Company Dear Steve: Asti.- 4 --/S JUN 1�gg REC�LANNIU- vE� AND OEVELOPMENi, MAILING ADDRESS: P. O. BOX 809 TELEPHONE AREA CODE 703 667-1266 This letter is with further reference to the matter about which Ben Butler wrote you by letter dated June 11. We represent the Frederick County School Board and have been asked by Dr. Walker to look into the matter. Our work confirms Mr. Butler's in that the land records of Frederick County contain no dedication of the subject tract for any purpose which would give the lot owners of Lakeside Estates or Lakeview Townhouses any property right. We are aware that one or more plats on file with the Frederick County Planning Department designates the subject area as being contemplated for recreation and open space purposes. But the applicable Frederick County Ordinance provides a very clear method for obligatinZ the land to such use by dedication and/or turning the land over to the Homeowners' Association. Our investigation has determined that neither of those two prerequisites has occurred. The property owners at Lakeside who have been quoted as contending that the 38 Acre tract should be retained as recreational or open space will find, I believe, that such a contention fails unless there has been some overt act of dedication for those purposes. In fact, I believe a similar contention failed in a law suit here in Winchester some 20 years ago or so when the neighbors on Roszel Road and Academy Circle made a similar contention concerning the land upon which the Drug Fair and A & P have existed for most of the years since. Your office was a party defendant in some of that litigation. t Mr. Stephen Gyurisin Page 2 June 13, 1986 We agree with Mr. Butler that such contentions are not a legitimate part of the planning process administered by your office and the Planning Commission but are, at best, a matter of civil litigation between the contending parties. Mr. Butler's letter refers to the tract as containing 32 Acres. We believe it contains about 38 Acres but both Mr. Butler and I are discussing the same problem and the same tract. With kind regards, I am n e ly ours, WAJ:nh Will . Johnston cc: Dr. Kenneth E. Walker Mr. David B. Holliday Lawrence R. Ambrogi, Esq. Benjamin M. Butler, Esq. .;:+K:asAttL.]u�re.w^r;:u++vvK:tJw.M�K9b�3�:«:�w.:.vw.,ia.'.:'ur+i�wa_u3,,,a.,�ai�Mia.;vN+.�e-.+.•-:v�.�k...f.::+tav✓.K:+vcv.r�,«l:a.+n.w....-,+rwL...•.�a.i+rrxbxdw�..•.�eEii4tiluwia+ea..i,..,uvl��r.rwns; -- ,x arti+Hswaw.x�ar�ri�i�..� COUNTY OF FREDERICK �tt J �0.41 N I'1 �1 A LAWRENCE R. AMBROGI is Commonwealth Attorney 'f DAVID S. WHITACRE Assistant Commonwealth Attorney GLENN R. WILLIAMSON Assistant Commonwealth Attorney OFFICE OF THE COMMONWEALTH'S ATTORNEY FREDERICK-WINCHESTER JUDICIAL CENTER 5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 (703) 667- 5770 (703) 667- 5792 July 1, 1986 Mr. Stephen M. Gyurisin Deputy Director Department of Planning and Development County of Frederick P. O. Box 601 Winchester, Virginia 22601 Re: Lakeside Subdivision Dear Steve: CHARLES W. STANSFIELD Adminsitrative Assistant ANN C. REELY Secretary CAROL A. CAMPBELL Secretary Neither the Frederick County Planning Commission nor the Frederick County Board of Supervisors should in any way attempt to determine the issue of ownership of the approximately twenty- six (26) acres of undeveloped land in Lakeside Subdivision which the current developer wants to dedicate for public use. In Virginia, only a Circuit Court can make such a determination and the local governing body and commission would be bound by that decision. Sincere yours, Lawrence Ambrogi, Commonwealth Attorney for Frederick County, Virginia LRA/acr * zr < ' 3. 6 COUNTY of FREDERICK Department of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 MEMORANDUM, (tau [0 13 TO: Frederick County Planning Commission , FROM: Stephen M. Gyurisin, Deputy Director SUBJECT: Request for Public Use Dedication in an RP Zone I DATE: May 30, 1986 The staff has just recently received a request from Mr. Dave Holliday asking that a portion of the Lakeside Estates open space, designated on the approved Master Development Plan, be reviewed for public use dedication. It is the staff's understanding that the area consists of approximately 38 acres with a lake and fronts primarily on Route 642. The staff would like to make the Planning Commission aware of this request and outline the procedure for processing such a request. No action is necessary at this time for this request. The staff would anticipate that this item would come before the Planning Commission on June 18, 1986. The RP (Residential Performance) zoning regulations allow for the conveyance of common areas for individual ownership, joint ownership by a homeowners organization, or for dedication for public use. Approval for public use dedication is made by the staff, Planning Commission, and the Board of Supervisors. The staff would envision the process for approving a request for public use dedication as follows: 1. The applicant submits an approved Master Development Plan indicating the area requested for public use. Additionally, an outline of the intended use should be submitted. 2. The staff reviews the applicant's request and makes a recommendation to the Planning Commission. 3. The Planning Commission recommendation is forwarded to the Board of Supervisors for final approval of the request. 4. If the request is approved by the Board of Supervisors, an amended Master Development Plan would be submitted, indicating any changes to the plan. n r ..._. a ...._ n ry D.... 401 77rl11 Pa ge 2 Public Use Dedication in RP Zone May 30, 1986 Again, the staff would like the Planning Commission to understand the process for such a request. Additionally, if there is any specific information the Planning Commission would like to have for this and future requests, please let the staff know. If you have any questions regarding this matter, please contact the staff prior to the meeting. �— ---�� LAWRENCE R. AMBROGI Commonwealth Attorney DAVID S. WHITACRE Assistant Commonwealth Attorney GLENN R. WILLIAMSON Assistant Commonwealth Attorney o0ov"Afth OCR ir - COUNTY OF FREDERICK s `nt OFFICE OF THE COMMONWEALTH'S ATTORNEY FREDERICK-WINCHESTER JUDICIAL CENTER 5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 (703) 667- 5770 (703) 667- 5792 July 1, 1986 Mr. Stephen M. Gyurisin Deputy Director Department of Planning and Development County of Frederick P. O. Box 601 Winchester, Virginia 22601 Re: Lakeside Subdivision Dear Steve: CHARLES W. STANSFIELD Adminsitrative Assistant ANN C. REELY Secretary CAROL A. CAMPBELL Secretary Neither the Frederick County Planning Commission nor the Frederick County Board of Supervisors should in any way attempt to determine the issue of ownership of the approximately twenty- six (26) acres of undeveloped land in Lakeside Subdivision which the current developer wants to dedicate for public use. In Virginia, only a Circuit Court can make such a determination and the local governing body and commission would be bound by that decision. Sincere yours, Lawrence Ambrogi, Commonwealth Attorney for Frederick County, Virginia LRA/acr REQUEST FOR PUBLIC USE DEDICATION RP (Residential Performance) Zoning District LOCATION: Lakeside Estates Subdivision MAGISTERIAL DISTRICT: Shawnee ZONING: RP (Residential Performance) PROPOSED REQUEST: 26 acres for public school use dedication along Route 642 and Lakeside Drive. CURRENT MASTER PLAN DESIGNATION: Open space/recreation STAFF EVALUATION: This is the first step of a two part process. The first step is to recommend to the Board of Supervisors approval (denial) of the open space for public use dedication. The second step, if approved by the Board of Supervisors for such dedication, is to revise the Final Master Development Plan to reflect any changes of the open space areas. The Planning Commission action necessary for this request will be to recommend to the Board of Supervisors if a public school use is appropriate. The Lakeside development consists of 241 acres and is divided into a number of sections, ie. Lakeview Apartments, Lakeridge, and The Village at Lakeside. 81 acres or 34% has been designated as open space on the Final Master Development Plan. Additionally, two out parcels consisting of four acres and seven acres are also designated on this plan. The open space requirements for this plan require that 30% or 72.3 acres be designated for open space. There are no bonuses for this development. Overall, approximately 8.7 acres plus the two out parcels are designated for open space above the required open space needs. All such common areas shall be conveyed for joint ownership (homeowners association) if not dedicated for public use. The area in question currently has not been dedicated or recorded as a common area on the subdivision plats. The staff generally has no objections to the proposed public use dedication if the County can be assured that the use will be for a public use and if it will serve the community as a whole. However, the staff would propose the following questions: 1. This is the first such request for public use dedication. What precedence will this set for acceptance by the County for other open space for other public uses? 2. Will this proposal serve the community as a whole or will the dedication benefit only a few persons? 3. Does this use, a public school site in the RP District, meet the intent of the RP Codes? PETER K. MCKEE (1934-1967) BENJAMIN M.BUTLER STEPBEN 0.BUTLER MICTrA L L. BRYAN MCKEE AND BUTLER ATTORNEYS AT LAW 11 .SOUTH CAMERON .STREET P. 0. DRAWER 2097 WnvCHESTER, VIRoiNIA 22601-1297 June 11, 1986 Mr. Steve Guyurisin Frederick County Planning Department 9 Court Square Winchester, Virginia 22601 Re: My File No. 5568 Lakeside Development Company Dear Steve: JUiv 86 t%t DLPI. n OF PLF rr`!N ANDcLV- G* �LUrTriENT DE 703 662-3486 PLEASE REPLY TO: P. 0. DRAWER 2097 Mr. David Holliday, of Lakeside Development Company, has requested that I write you concerning the status of the property containing approximately 32 Acres, which lies along Route 642 and which has not been developed and has a lake and tennis court on the same. A search of the records in the Office of the Clerk of the Circuit Court of Frederick County indicates that there has been no dedication of the property as a recreational lot for the owners of Lakeside Estates Subdivision nor for the Lakeview Townhouses. This matter was addressed before both the Planning Commission and the Board of Supervisors when the Master Plan for Lakeside was presented and I was under the impression that the question had been resolved at that time. I have talked to certain persons owning property in the Lakeside Subdivision and their strongest assertion is that they feel the property should remain undeveloped. If those persons in Lakeside Estates and Lakeview Townhouses have a claim to the property in the form of a dedication of recreational land, then that claim should be litigated in a court of law and not by the Frederick County Planning Commission nor the Frederick County Board of Supervisors. Ultimately, any decision to be binding on the parties will have to be made by a court of law and not by an administrative body. Mr. Steve Guyurisin June 11, 1986 Page Two• I hope this answers any question concerning this land and if it does not, please feel free to address the questions to me. Very truly yours, McKEE and BUTLE ENJAMIN M. BUTLER BMB:dhc cc: W. A. Johnston, Esquire Mr. David B. Holliday Lawrence Ambrogi, Esquire BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. TISINGER THOMAS A. SCHULTZ, JR. RONALD J. BROWN BRUCE E. DOWNING ELIZABETH B.JOHNSTON HARRISON 8 JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 21 SOUTH LOUDOUN STREET June 13, 1986 Mr. Stephen M. Gyurisin Deputy Director Department of Planning and Development County of Frederick P. 0. Box 601 Winchester, Virginia 22601 Re: Lakeside Development Company Dear Steve: JUN 1986 RECE[VE'-1 DEPT. OF PLANNiN( AND DEVELOPMENT MAILING ADDRESS: P. O. BOX 809 TELEPHONE AREA CODE 703 667-1266 This letter is with further reference to the matter about which Ben Butler wrote you by letter dated June 11. We represent the Frederick County School Board and have been asked by Dr. Walker to look into the matter. Our work confirms Mr. Butler's in that the land records of Frederick County contain no dedication of the subject tract for any purpose which would give the lot owners of Lakeside Estates or Lakeview Townhouses any property right. We are aware that one or more plats on file with the Frederick County Planning Department designates the subject area as being contemplated for recreation and open space purposes. But the applicable Frederick County Ordinance provides a very clear method for obligating the land to such use by dedication and/or turning the land over to the Homeowners' Association. Our investigation has determined that neither of those two prerequisites has occurred. The property owners at Lakeside who have been quoted as contending that the 38 Acre tract should be retained as recreational or open space will find, I believe, that such a contention fails unless there has been some overt act of dedication for those purposes. In fact, I believe a similar contention failed in a law suit here in Winchester some 20 years ago or so when the neighbors on Roszel Road and Academy Circle made a similar contention concerning the land upon which the Drug Fair and A & P have existed for most of the years since. Your office was a party defendant in some of that litigation. Mr. Stephen Gyurisin Page 2 June 13, 1986 We agree with Mr. Butler that such contentions are not a legitimate part of the planning process administered by your office and the Planning Commission but are, at best, a matter of civil litigation between the contending parties. Mr. Butler's letter refers to the tract as containing 32 Acres. We believe it contains about 38 Acres but both Mr. Butler and I are discussing the same problem and the same tract. With kind regards, I am WAJ:nh cc: Dr. Kenneth E. Walker Mr. David B. Holliday Lawrence R. Ambrogi, Esq. Benjamin M. Butler, Esq. in a ly ours, William Johnston :2tu'+.r:QtA:dM1t?iiiN6bwW"S';'lli�Y2Yl14L�uY�YM:K96�4f65+...'bti<"vb.J. XY�iL9:s'i�':4YtiLiW3.='kiis.ty'SN#efi9tt'kiN:<f:MY•.:.�.A�+kK'Mti+iM1�'iaMi'WurMSY.c+:itel.YsfSpM". i:: tYA1"Y6e+t9E,W4'Ss:iLO' {W�ittlYillrivak.... LAWRENCE R. AMBROGI Commonwealth Attorney DAVID S. WHITACRE Assistant Commonwealth Attorney GLENN R. WILLIAMSON Assistant Commonwealth Attorney V0ov"afth ar'.01 COUNTY OF FREDERICK _ it. ` 14 OFFICE OF THE COMMONWEALTH'S ATTORNEY FREDERICK - WINCHESTER JUDICIAL CENTER 5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 (703) 667- 5770 (703) 667- 5792 July 1, 1986 Mr. Stephen M. Gyurisin Deputy Director Department of Planning and Development County of Frederick P. O. Box 601 Winchester, Virginia 22601 Re: Lakeside Subdivision Dear Steve: CHARLES W. STANSFIELD Adminsitrative Assistant ANN C. REELY Secretary CAROL A. CAMPBELL Secretary Neither the Frederick County Planning Commission nor the Frederick County Board of Supervisors should in any way attempt to determine the issue of ownership of the approximately twenty- six (26) acres of undeveloped land in Lakeside Subdivision which the current developer wants to dedicate for public use. In Virginia, only a Circuit Court can make such a determination and the local governing body and commission would be bound by that decision. Sincere yours, Lawrence7Ambrogi, Commonwealth Attorney for Frederick County, Virginia LRA/acr COUNTY of FREDERICK Department of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 M E M O R A N D U M TO: Frederick County Planning Commission FROM: Stephen M. Gyurisin, Deputy Director SUBJECT: Request for Public Use Dedication in an RP Zone' DATE: May 30, 1986 The staff has just recently received a request from Mr. Dave Holliday asking that a portion of the Lakeside Estates open space, designated on the approved Master Development Plan, be reviewed for public use dedication. It is the staff's understanding that the area consists of approximately 38 acres with a lake and fronts primarily on Route 642. The staff would like to make the Planning Commission aware of this request and outline the procedure for processing such a request. No action is necessary at this time for this request. The staff would anticipate that this item would come before the Planning Commission on June 18, 1986. The RP (Residential Performance) zoning regulations allow for the conveyance of common areas for individual ownership, joint ownership by a homeowners organization, or for dedication for public use. Approval for public use dedication is made by the staff, Planning Commission, and the Board of Supervisors. The staff would envision the process for approving a request for public use dedication as follows: 1. The applicant submits an approved Master Development Plan indicating the area requested for public use. Additionally, an outline of the intended use should be submitted. 2. The staff reviews the applicant's request and makes a recommendation to the Planning Commission. 3. The Planning Commission recommendation is forwarded to the Board of Supervisors for final approval of the request. 4. If the request is approved by the Board of Supervisors, an amended Master Development Plan would be submitted, indicating any changes to the plan. 9 Cmnrt Souare - P.O. Box 601 - Winchester, Virginia - 22601 Pa ge 2 Public Use Dedication in RP Zone May 30, 1986 Again, the staff would like the Planning Commission to understand the process for such a request. Additionally, if there is any specific information the Planning Commission would like to have for this and future requests, please let the staff know. If you have any questions regarding this matter, please contact the staff prior to the SMG, COUNTY of FREDERICK Departments of Planning and Building. 703/655-5650 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Stephen M. Gyurisin, Deputy Director SUBJECT: Request for Public Use Dedication — Lakeside Estates Subdivision DATE: July 3, 1986 At their meeting of July 3, 1986, the Planning Commission tabled this item for two weeks in order to give a representative from the School Board an,opportunity to be available for discussion. SMG/rsa Attachments 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 LAWRENCE R. AMBROGI Commonwealth Attorney DAVID S. WHITACRE Assistant Commonwealth Attorney GLENN R. WILLIAMSON Assistant Commonwealth Attorney COUNTY OF FREDERICK WwAr OFFICE OF THE COMMONWEALTH'S ATTORNEY FREDERICK - WINCHESTER JUDICIAL CENTER 5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 (703) 667-5770 (703) 667- 5792 July 1, 1986 Mr. Stephen M. Gyurisin Deputy Director Department of Planning and Development County of Frederick P. O. Box 601 Winchester, Virginia 22601 Re: Lakeside Subdivision Dear Steve: CHARLES W. STANSFIELD Adminsitrative Assistant ANN C. REELY Secretary CAROL A. CAMPBELL Secretary Neither the Frederick County Planning Commission nor the Frederick County Board of Supervisors should in any way attempt to determine the issue of ownership of the approximately twenty- six (26) acres of undeveloped land in Lakeside Subdivision which the current developer wants to dedicate for public use. In Virginia, only a Circuit Court can make such a determination and the local governing body and commission would be bound by that decision. Sincere yours, Lawrence Ambrogi, Commonwealth Attorney for Frederick County, Virginia LRA/acr AKESIDE STATES' LAKESIDE DEVELOPMENT COMPANY P.O. BOX 3276 WINCHESTER, VIRGINIA 22601 June 2, 1986 Dear Chairman Stiles and Members of the Board of Supervisors: Regrettably, I have learned that I have caused concerns which were raised in the minds of certain people without my having intended that result. Let me explain. A few weeks ago, on learning that the Frederick County School Board might have an interest in locating a school in the Lakeside area, I discussed the matter with Dr. Walker. As a result of those conversations and with the belief that the community as a whole, not just Lakeside, would benefit by having a public school in that neighborhood, I began thinking about giving the property to the School Board. The Residential Performance District Ordinance requirements, specifically Section 5-8-2.1, permit such land t❑ be dedicated for public use. I was unaware then that anyone would regard our failure to come before the Planning Commission and the Board until today as being irregular. To the extent that it is seen in that light, I am now proceeding to correct that situation. I thought all along I was acting within the guidelines of the Ordinance and never intended to do otherwise. 'ncerely yours,_ David. Holliday, Secretary Lakeside Development Company CC Dr. Kenneth Walker Ben Butler, Esquire Pete Johnston, Esquire Mr. Steve Gyurisin, Frederick County Planning Director Mr. Frank Brumback, Chairman, Frederick County Planning Commission AKESIDE STATES • i LAKESIDE DEVELOPMENT COMPANY P.O. BOX 3276 WINCHESTER, VIRGINIA 22601 June 2, 1986 Dear Chairman Stiles and Members of the Board of Supervisors: Regrettably, I have learned that I have caused concerns which were raised in the minds of certain people without my having intended that result. Let me explain. A'few weeks ago, on learning that the Frederick County School Board might have an interest in locating a school in the Lakeside area, I discussed the matter with Dr. Walker. As n result of those conversations and with the belief that the community as a whole, not just Lakeside, would benefit by having a public school in that neighborhood, I began thinking about giving the property to the 'School Board. The Residential Performance District Ordinance requirements, specifically Section 5-8-2.1, permit such land to be dedicated for public use. I was unaware then that anyone would regard our failure to come before the Planning Commission and the Board until today as being irregular. To the extent that it is seen in that light, I am now proceeding to correct that situation. I thought all along I was acting within the guidelines of the Ordinance and never intended to do otherwise., �4ncerely yours, - David B. Halliday, Secretary Lakeside Development Company CC Dr. Kenneth Walker Ben Butler, Esquire Pete Johnston, Esquire Mr. Steve Gyurisin, Frederick County Planning Director Mr. Frank Brumback, Chairman, Frederick County Planning Commission m LAKESIDE LAKESIDE ESTATES PUBLIC USE DEDICATION 1 HARRISON 8 JOHNSTON BURR P. HARRISON 1904-1973 ATTORNEYS AT LAW WILLIAM A.JOHN5TON WINCHE5TER, VIRGINIA 22601 H. K. BENHAM M BILLY J. T151NGER THOMAS A. SCHULTZ, JR. 21 SOUTH LOUDOUN STRXEr TELEPHONE RONALD J. BROWN P. o. BOX 809 AREA CODE 703 BRUCE E. DOWNING ELIZABETH B.JOHN5TON 667-1266 July 7, 1900 PAS. R. C. King Assistant Resident Engineer Virginia Department of Highways Commerce Street Winchester, Virginia 22601 Dear Reggie: For your information I enclose herewith a copy of the completed deed which has been signed by �,akevielnW=hous pora e 1.d a_ DANAC and the AFS Service Corporation. it is our hope that the Frederick County Board of Supervisors can consider this matter at its evening meeting on July 9, and I would therefore ask that you call John Riley as soon as possible and advise him of the highway department's position in this matter. I once again want to thank you for all your help and courtesy which you have given to me during this matter. Sincerely , ORIGINAL .SIGNED T q. SCHUiTZ. jib Thomas A. Schultz, Jr. TAS:mec Enclosure cc: Mr. John Riley Mr. B. V. Hettick PPynrtmrnt of 1hanning anb a .6dopment P. O. Box 601 JOHN RILEY 9 COURT SQUARE PLANNING DIRECTOR M E M O R A N D U M WINCHESTER, VIRGINIA 22601 July 8, 1980 TO: Frederick County Board of Supervisors FROM: John R. Riley, Director, Planning and Development SUBJECT: Acceptance of a Section of Chinka in Drive and Hackberry Drive Located in Attached please find a resolution which the Lakeview Townhouses, Inc. is requesting be considered by the Frederick County Board of Supervisors. JRR:bjs 7031662-4532 WHEREAS, the Virginia Department of Highways and Transportation and the Department of Public Works have reviewed the request of Incorporated and recommend inclusion of that portion of Chinkapin Drive from Route 642 to Hackberry.Drive, a length of .1`miles, and that portion of Hackberry Drive from Chinkapin Drive to .013 miles southeast, Lakeview Townhouses, in the Opequon Magisterial District into the secondary road system, pursuant to the provisions of Section 33.1-229 of the Code of Virginia, 1950, as amended and WHEREAS, this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of eighty (80) feet for Chinkapin Drive and sixty (60) feet for Hackberry Drive with necessary easements for cuts, fills and drainage recorded in Deed Book 523, Instrument 1686, dated July 8, 1980, BE IT RESOLVED, that this Board does approve the request for inclusion into the secondary road system contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways and Transportation. RECEIVED BURR P. 14ARRISON 190a-1973 WILLIAM A. JOHNSTON H. K_ BENHAM III BILLY J. TISINGER THOMAS A. SCHULTZ, JR. RONALD J. BROWN BRUCE E. DOWNING ELIZABETH B.JOHNSTON HARRISON g JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 21 SOUTH LOUDOUN STREET P. O. BOX 809 July 7, 1960 Mr. John R. Riley Planning Director County of Frederick P. 0. Box 601 Winchester, Virginia 22601 Re: Lakeview Townhouses, Incorporated Dear John: TELEPHONE AREA CODE 703 667-1266 Pursuant to our telephone conversation of last week I enclose herewith a proposeddeed of conveyance from Incorporated, to the County of Frederick, Virginia., wherein the Town- house association conveys two certain tracts of land identified. as Chinkapin Drive and Hackberry Drive. As you will also note such deed, has also been signed by DANAC Real Estate Investment Corporation and. 14F'S Service Corporation with respect to the easement described therein. On behalf of such Lakeview Townhouses, Incorporated, I herewith respectfully ask that the County of Frederick accept such conveyance from my client fo-r the purpose of tasking such land into the state highway system. As I earlier advised you this proposed acceptance of these two roads into the state highway system has been discussed, at length, with Reggie King of the local state highway department office. It is my understanding that all the requirements of the highway department have been satisfied e«cept for the posting of the bond. I talked with a member of the Lakeview Townhouse association this morning and. she advised me that she was advised by Mr. King that the bond. would not have to be posted until after the Board of Supervisors votes to accept the two roads. If you need any further information beyond, what is described hereinabove please let me know. It is my understanding that the Board of Supervisors will consider this matter at the meeting on July 9, 1980. Please let me know if you think it will be appropriate for either me or a representative of the Townhouse association to appear at the meeting that evening. Sincerely, TAS:mec Thomas A. Schultz, Jr. Enclosure cc: Tyr. B. V. Hettick Mr. R. C. King, ✓�7�, Sm .FrF�,N NAA(z ��-T,- ��u�rF i/DD;V 73/f ,4!---t .. Em DANAC REAL ESTATE INVESTMENT CORP. IRV) I , �Tp� � G:] Office of the President e D AUG 19 1975 By__0' August 18, 1975 Mr. J. 0. Renolds, III County Administrator Frederick County 9 Court Square Winchester, Virginia 22601 Dear Mr. Renolds: �/0o A/ SUITE T'23vW 7315 WISCONSIN AVENUE BETHESDA, MARYLAND 20014 TELEPHONE 657-2800 CODE 301 In 1972, the Virginia Lakeside Water and Sewer Company purchased all the assets of the Lakeside Sewer and Water Company servicing an area of the County near Stephens City. Under State law, the Certificate of Public Convenience and Necessity permitting the legal operation of a utility company cannot be transferred to the purchaser. Therefore, we have assembled an application to secure our own certificate. In an informal review of our application by officials of the State Corporation Commission, the wish was expressed to get an updated resolution approval of the Board of Supervisors for the successor corporation. Therefore, we have enclosed a copy of our proposed appli- cation for a Certificate of Public Convenience and Necessity and desire that the Board issue a new resolution expressing approval of our application. A draft of a resolution is enclosed for your possible use. Thank you for your cooperation. Very truly yours-, , VIRGI14IA LAKESIDE EWER AND WATER Oold E. Williamson r resident .0 FREDERICK COUNTY SANITATION AUTHORITY S. ROGER KOONTZ. CHAIRMAN JAMES ROBESON. VICE-CHAIRMAN G. W. BORDEN. SEC.-TREAS. JAMES H. DIEHL WILLIAM A. MORRISON MEMORANDUM POST OFFICE BOX 616 9 COURT SQUARE WINCHESTER. VIRGINIA 22601 PHONE 703 - 667-0389 September 9, 1975 TO: County Admiuistratbr FROM: Engineer -Director SUBJ: Virginia Lakeside Water & Sewer Company WELLINGTON H. JONES. P.E. ENGINEER - DIRECTOR The Board of Directors considered the request of the Virginia Lakeside Water and Sewer Company concerning the approval of the Board of Supervisors for the SCC to issue a Certificate of Public Convenience and Necessity. After due deliberation on the matter, the Board unanimously agreed to inform the Board of Supervisors that there are no plans to go into the area at the present time due to the lack of feasibility and that we have heard complaints about the quality of the water in the area and suggest that the Board investigate through the proper state agency. W. H. Xnes, Engineer -Director WHJ/tm The Board of Supervisors of the County of Frederick, Virginia meeting in General Session on the loth day of January, 1973,, took the following action: S. Herbert Shackleford - A-1 to R-2 - Approved: George Shanks, counsel for the petitioners, presented plans and pictures of the proposed Lakeview townhouses to the Board members. Appearing against the rezoning petition was Gary Lofton, home- owner in Lakeside Estates, who presented a petition containing eleven (11) signatures out of thirty-one (31) families residing in Lakeside Estates. Mr. Lofton stated that the homeowners had bought in the area because they thought it would remain rural. Mr. J. A. McCormick also appeared against the petition. After a lengthy discussion with both sides presenting their views, the Board of Supervisors went into Executive Session upon motion of Richard F. Madigan and seconded by J. Robert Russell. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, the Board returned to its Regular Meeting. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board accept the recommendation of the Planning Commission and does approve to rezone 30 acres more or less located in Opequon Magisterial District North of Route 6421 surrounded by Shackleford°s other land, from Agricultural A-1 to Residential R-2. The above resolution was passed by recorded vote with Donald R. Hodgson, Richard F. Madigan, and J. Robert Russell voting for and Dennis T. Cole abstaining. • ATTESTED COPY: 9. 0. Renalds, III County Administrator RESOLUTION OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA WHEREAS, the Virginia Lakeside Sewer and Water Company has purchased all the assets of the Lakeside Sewer and Water Company which had been operating an approved central sewer and water system servicing a certain tract of land containing 360 acres in the Opequon Magisterial District; located about one and one- half (12) miles East of U. S. Highway 11, and about two and one-half (22) miles to three (3) miles Northeast of the town of Stephens City, Virginia; and, WHEREAS, the Board of Supervisors of Frederick County, Virginia, did by resolution enacted on August 11, 1969, approve the application of Lakeside Sewer and Water Company to the State Corporation Commission for a Certificate of Public Convenience and Necessity in the area designated therein; and, WHEREAS, the Code of Virginia prohibits the transfer of the Certificate of Convenience and Necessity to a successor in interest; and, WHEREAS, Section 56-265.3 requires the Board of Supervisors to approve the application of the Virginia Lakeside Sewer and Water Company for a Certificate of Convenience and Necessity pursuant to the requirements of Chapter 10.1 of the Code of Virginia entitled "Utility Facilities Act"; NOW, THEREFORE, BE IT RESOLVED, that upon examination of the application of Virginia Lakeside Sewer and Water Company for a Certificate of Public Convenience and Necessity in the area afore- mentioned, the Board of Supervisors of Frederick County does hereby grant approval for said petition. 0 uw arncn II IARRICK AND W AHITE WINCHESTER. V105INIA ) I�7 DANAC'REAL ESTATE INVESTMENT CORP., ET AL TO: .. .. DEED OF CORRECTION LAKEVIEW TOWNHOUSES i,�'7 THIS DEED OF CORRECTZON� made �`t�is �Z_ day of u 1974, between DANAC Real Estate Investment Corporation, a Vir- ginia Corporation, and MFS Service Corporation, a Maryland Corp- oration, of the first part, hereinafter called the Grantors; Lakeview Townhouses, Incorporated, a Virginia Corporation, of the second part, hereinafter called the Grantee; Joseph W. White, Trustee, of the third part, hereinafter called the Trustee; and Metropolitan Federal Savings and Loan Association, of the fourth part, hereinafter called the Beneficiary. WHEREAS, by deed dated March 4, 1974, and recorded in the Clerk's Office of the Circuit Court of Frederick -County, Virginia in Deed Book 426, at page 52, the Grantors conveyed to the Grantee four (4) certain parcels of land in Frederick County, Virginia, said conveyance containing an erroneous description of part of the land therein conveyed; and, WHEREAS, it is the desire of the parties hereto to correct said description by excepting from that conveyance the Townhouses in Unit II of Lakeview Townhouses instead of those in Unit I; NOW THEREFORE WITNESSETHs 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 Grantors do grant and convey, with General Warranty of Title, unto the Grantee, in fee simple, together with all rights, privi- leges and appurtenances thereto belonging, all of those certain tracts or parcels of land lying and being situate in Opequon Magisterial District, Frederick County, Virginia, more particular- ly described as those four (4) certain parcels of land containing 2.452 acres, 2.579 acres, 0.410 acre and 0.493 acre, identified 68 e�,eti 43� rAu 4G8 as Lakeview Townhouses Unit II,- Lakeview Townhouses Unit III, and Hackberry Drive on the plats of survey of Higgs and Shumate, Surveyors, dated July 2, 1973, of record in said Clerk's Office in Deed Book 426 at Pages 58 - 651 and being a portion of the land conveyed to the Grantors by deed of Joseph W. White and J. Frederick Larrick, Trustees, dated January 15, 1974, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 423, Page 5601 LESS, HOWEVER, those certain lots of land identified as Lakeview Townhouses Unit II, Building 6, Lots A, B, C, D and E; Building 7, Lots A, B, C, D and E; Building 8, Lots A, B, C, D and E; and also those certain lots identified as Lakeview Town- houses Unit III, Building 9, Lots A, B, C, D and E; Building 10, Lots A, B, C, D and E; Building 11, Lots A, B, C, D and E; all said lots being shown on the plats prepared by Higgs and Shumate, Surveyors, dated October 16, 1972, and recorded in said Clerk's Office in Deed Book 409, Pages 4 and 5, to which reference is made for a more particular description of said lots. The Grantors reserve for the benefit of themselves, their heirs, successors and assigns a right of way over the land herein conveyed, all streets and parking areas shown on the attached plats and the roads described as "Hackberry Drive" and "Chinkapin Drive" on the attached plats for ingress and egress to and from State Highway No. 642, and each of the lots shown on the plats hereto attached. WHEREAS, Metropolitan Federal Savings and Loan Associatior ur orrIM assignee of Old Dominion Savings and Loan Association and Vir- LARRICK AND WHIT[ ■IXCHtST[i. YINSINIA ginia Savings and Loan Association, being the owner and holder of -2- 469 11 ,A;JJ the unpaid notes secured by deeds of trust from S. Herbert Shack- elford and Madge H. Shackelford, his wife, to J. Frederick Larric i and Joseph W. White, Trustees, dated May 19, 1972, and August 11, 1972, and recorded, respectively, in said Clerk's Office in Deed Book 391, Page 144 and in Deed Book 394, Page 518, have requested that the Trustee release from the lien of said Deed of Trust the land herein conveyed; NOW, THEREFORE, THIS DEED FURTHER WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in i hand paid by the Grantors to the Trustee and the Beneficiary, and i other valuable consideration, receipt whereof is hereby acknowl- edged, the Beneficiary, and the Trustee do hereby release and i quit -claim unto the Grantee all of the property described in this deed of correction, but it is to be expressly understood that the release of said real estate described herein from the lien of said deeds of trust shall not effect in anywise the lien of said deeds of trust upon any other property thereby conveyed and not released hereby. The Grantors covenant that they have the right to convey said realty to the Grantee; that the Grantee shall have quiet possession thereof, free from all encumbrances; that they have done no act to encumber the same, and that they will execute such further assurances of title as may be requisite. ' I E L WITNESS THE FOLLOWING SIGNATURES AND SEALS: f ^ S E W u.` a o � ado LAW orritis_..... ••ATTEST: ILARRICK AND WHITE W HICHEETER. VI28I01IA As aT SFc.�'cT�,ty -3- DANAC REAL ESTATE INVESTMENT ORPORATION By �QE�� /411_A/ LAW OFFICES 'ICK AND WHITE ;NESTER, VIR31MIA •lE # -)E �E iE -lE iE jF •3E �E �E -k �c # �(- �E iF iE �F iF -)E �E jF'�E ii- 9E �(- �(- -)F -)E �E �E iE iE i(- �E •iE •)(- 3t ,. -JF -1E �(- iE- -M• �E #79J ��. DANAC REAL ESTATE INVESTMENT CORPORATION TO :: :: DEED LAKEVIEW TO'JNHOUSES, INCORPORATED � THIS DEED, made this %/) day of AjJrc h 1974, j between DANAC Real Estate Investment Corporation, a Virginia corporation, and MFS Service Corporation, a Maryland corporation, !I of the first part, hereinafter called the Grantors; jl ncorporated, a Virginia Corporation, of the second part, hereinafter called the Grantee; Joseph W. White, Trustee, jI of the third part, hereinafter called the Trustee; and Metropol- itan Federal Savings and Loan Association and American Standard Homes Corp., of the fourth part, hereinafter called the Benefi- ciaries. j WITNESSETH: That for and in consideration of the sum f I• of Ten Dollars ($10.00), cash in hand paid, and other valuable 'I I ;j consideration receipt whereof is hereby acknowledged, the Grantors 'i do grant and convey, with General Warranty of Title, unto the i! Grantee, in fee simple, together with all rights, privileges and Ij appurtenances thereto belonging, all of those certain tracts or jparcels of land lying and being situate in Opeguon Magisterial District, Frederick County, Virginia, more particularly described I as those four (4) certain parcels of land containing 2.452 acres, i; 2.579 acres, 0.410 acre and 0.493 acre, identified as Lakeview i Townhouses Unit II, Lakeview Townhouses Unit III, and I1ackberry Drive on the plats of survey of Higgs and Shumate, Surveyors, dated July 2, 1973, attached hereto and by this reference made a part hereof; and being a portion of the land conveyed to the Grantors by deed of Joseph W. White and J. Frederick Larrick, Trustees, dated January 15, 1974, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 423, Page 560; LESS HOWEVER, those certain lots of land identified as Lakeview Townhouses, Unit I, Building 1, Lots A, B, C, and D; i Building 2, Lots A, B, C, and D; Building 3, Lots A, B, C, and D;.Building 4, Lots A, B, C, and D; Building 5, Lots A, B, C, DJ I� i I � 42G �i ,and D; and also those certain lots identified as Lakeview Town- ! :ihouses, Unit III, Building 9, Lots A, B, C, D, and E; Building 10, i� ;Lots A, B, C, D. and E; Building 11, Lots A. B, C, D'and E; all (lsaid lots being shown on the plats prepared by Higgs and Shumate, i I Surveyors, dated October 16, 1972, and recorded in said Clerk's Office in Deed Book 409, Pages 4 and 5, to which reference is Ilmade for a more particular description of said lots. t' The Grantors reserve for the benefit of themselves, their heirs, successors and assigns a right of way over the )hand herein conveyed, all streets and parking areas shown on the �iattached plats and the roads described as "Hackberry Drive" and I! "Chinkapin Drive" on the attached plats for ingress and egress i to and from State Highway No. 642, and each of the lots shown on the plats hereto attached. WHEREAS, Metropolitan Federal Savings and Loan Associa- tion, assignee of Old Dominion Savings and Loan Association and �IVirginia Savings and Loan Association, being the owner and holder liof the unpaid notes secured by deeds of trust from S. Herbert Shackelford and Madge H. Shackelford, his wife, to J. Frederick !� Larrick and Joseph W. White, Trustees, dated May 19, 1972, and J! j August 11, 1972, and recorded, respectively, in said Clerk's Ii Office in Deed. Book 391, Page 144 and in Deed'Book 394, Page 518, IIhave requested that the Trustee release from the lien of said iDeed of Trust the land herein conveyed; and, I WHEREAS, American Standard Homes Corp., being surety j on the completion bond secured by deed of trust from S. Herbert `i Shackelford, et ux, to J. Frederick Larrick and Joseph W. White, Trustees, dated August 7, 1972, and of record in said Clerk's Office in Deed Book 394, Page 523, has also requested that the Trustee release from the lien of said deed of trust the land LAW CFFIC[S - LARRICK AND WHITE I herein conveyedt WIN;N[STCR. VIRGINIA ! -2- 1 } i '.I tinn • 42G .54 i NOW, THEREFORE, THIS DEED FURTHER WITNESSETH: That II for and in consideration of the sum of One Dollar ($1.00), cash �1 in hand paid by the Grantors to the Trustee and the Beneficiaries,) i jls and other valuable consideration, receipt whereof is hereby !I t� acknowledged, the Beneficiaries and the Trustee do hereby release I and quit -claim unto the Grantee all of the property described in �j this deed, but it is to be expressly.understood that the release t I. of said real estate described herein from the lien of said deeds of trust shall not effect in anywise the lien of said deeds of trust upon any other property thereby conveyed and not released hereby. The Grantors covenant that they have the right to convey said realty to the Grantee; that the Grantee shall have quiet possession thereof, free from all encumbrances; that they j j have done no act to encumber the same, and that they will execute such further assurances of title as may be requisite. t! I WITNESS the following signatures and seals: - L y� ,,.... ,; • DANAC PEAL ESTATE INVESTMENT ORP ORATZ N i ��; p C R ��1. `, �. By `- / '•` '� I TTEST: �. ,:� ,t-" L'rr'a1 . J 0 - �'�MFS S,ER 'E CORPO TION. i j� ATTEST: /' J f L (SEAL) /osqtph W. White, Trustee METROPOLITAN FE AVINQS AND LOAN ASSpCIA I N By CAN OEEICCS %N: r"� ,t\'• IARRICK AND WHIT ^.�' 7•• •�r�• P //!! ' Nf\CYE STC R, VIR� `)�• �It � y4/'- / � L! t 7 . yr. .. -. •. �� •'w'',' / N. 0 42v ,,« ,g .Ac A-r � �•.r�.viv�G .ciurr sr C/�E'l.�G/dtJ •O/�T.E�/G'T �i.PcSic�iA c�v E G tK'ti/ U7-/</TY � NNEPEI�E�•E' iT is .,atiY ry«.E-G . 3 u7iL?Y sE'•E'viC'E".S ra �.t/C/✓��c/�tL. t/T/L /TY G EG E.V� �1 �iwc � Li4/C .per N .00— L A/'s6 59 tl '. 42U rS`_; 5C1 aoa • ap A 77A S !¢� / Vl G I ,cam-ya_ .�i • -era" w .��. sa' f 4260 44./r7- .ter F.eEQ".eic/r CdL,ct/1yJ ✓i.2Gi.C�iA -1.4T�' -c./dTE� • 1 A� _, �-/'f�3t''�✓1EM" f T4 .ESE- fc-.�/7 E.P.E"O iJ iv-sTA1.Ltr"O -� �iric iry SE.QV� E"'.S 7� i.�/l7iV/�X/RL L 4T� t1T'/LTy LE-GE.tJI� SE'NE.G G.iti/F GNp- 61 42u ray: Gi L ANTE ✓/ErV T'd n/C.%�/d tJ�E-�S SITE SAG/-S.BE22y .pei✓� N! �¢ . �� N � � /ddc-'� • 6d� 7''= _/�2. 3�S ' �4 � ��� _ �J 'Sr/ a a) ��� �� r�' • 4e. N p r ,�8 /. 9/ '� c.�/d• .t3.2. = S �43t �Q - a�„E '�3 � >S�. AI A � I .r .tis36 r..�1 6T' r arc•: 420 rapt . 62 �? = 9..2�' '-�'•E'EOE�2�C'/f �c'�.iclTY/ 1/>.F'6/.v�A -ST.q.cic/raAwe wgy�EsBa PG 0 .� = d0 �.�T 'Sd" .e �• tea. /Sd' (� `\ � G'f•/l�. - lw0Q5' G/•/O. E3`es= �T %�3 � S!o' �d �!'�/ v `�5'`�/ w I�j,� Gi•/p. r �2.-4d' G.ti/O• � = � GS1.E�o'3/'E � \` � - GNO• = _54.75' Cic/O. �,e _ .G/Li¢•= 47'.fd"ice/ O T /.6-51. -S.S �=.5/O. r 2d2 ..6�' GSA �•�, � .S K ! �Td'I�•• 63 BOOK 426 Farf 63 L .9 yid::E-.1/ TGr�/-c/f-✓Q c�SE-� .r. n::E'- aw I ' b r 000 j 1 � 1 G� L AI•fE� /OE .�EG.�E.I�T���-4•[.. .4E'EA 423 -ar; 0%4` •�.�-4c�fBE,eey`�.0-2� ✓E .e/sue/ u !0454 �/T�GAE/EEt—J. ./Q"'rC-:_k!�cC�f�l'�y�4 N�� qST�td 7��� . yS2su i✓E P- EE-it''. EF..tE.L./T�GE�GT Y0Q /'c `l�SQ'/ �GLe�1,/�.11✓C2E../d/'/q Y✓.Lt/✓/�L/�.' .-A--&'- 65 boo; 420- ,1 — ry ,Z 5a. �G' G f I0. BE' c +T-4� s .-f4 - dp •• S' �'vV: ,may da' -S. d.d _Q•zrq�r �a�aaN� �irc�gz q� p� n E3� s .C./49t ,fC3e' SCc`' Q GNP, s 2>3• tea» L A/�E� /G'ic'' .E'EG.GEAT�•�/-qL p�F�4 YIRC:NIA FREDERICK COUNTY, SCT, • �irumanl of wridns was producod to me on tho,� �, at tiny . ..... ..... ; » .;,. �,, and will► ceruticata Of acknowledgment thereto annexed was gdnUtted w record. 0.QJ•.�� CWdL S . HERBERT , SHACKELFORD, ET UX LAW OFFICES LARRICK AND WHITE WINCHESTER. VIRGINIA • I BOOK U0 PAGE 388 THIS DEED OF RELEASE, made this 6-4-1" day of 1973, between Joseph W. White, Sole Acting Trustee, party of the first part, S. Herbert Shackelford and Madge H. Shackelford, his wife, parties of the second part, and Old Dominion Savings and Loan Association, party of the third part, and American Standard Homes Corp., party of the fourth part. WITNESSETH: That, WHEREAS, by deeds of trust dated February 10, 1973 and April 24, 1973, and of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 405, Page 97 and Deed Book 407, Page 473, respectively, the parties of the second part, in order to secure to the party of the fourth part the payment of certain notes or bonds describ therein, did convey in trust to the part of the first part, certa parcels of land described therein; and, WHEREAS, by deed u i... ust d..tcd ^ebruary 25, 3 972 ar'd recorded in said Clerk's office in Deed Book 387, Page 338, the parties of the second part, in order to secure to the party of the third part payment of a certain bond described therein, did convey in trust to the party of the first part, certain tracts or parcels of land described in said deed of trust; and, WHEREAS, the party of the third part and the party of the fourth part have requested that the Trustee release from the lien of said deeds of trust the land herein conveyed. NOW, THEREFORE THESE PRESENTS WITNESSETH: That for and in consideration of the sum of Ten Dollans ($10.00), cash in hand paid, receipt whereof is hereby acknowledged, and at the request and with the consent of the party of the third part and IIthe party of the fourth part, evidenced by their becoming a party to this deed and signing and sealing the same, the party of the I f BOOK 410 FACE 389 first part does grant, bargain and sell, assign, release and confirm unto the parties of the second part and their heirs and assigns forever, with Special Warranty of Title, all those certait parcels of land, together with all improvements and appurtenances thereto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, identified as "Chinkapin Drive" and"Lakeside Recreational" on the plats of survey prepared by Higgs and Shumate, Surveyors, dated November 22, 1972, attaches hereto and by this reference made a part hereof; being a portion of the realty conveyed to the parties of the second part by deed of Gustav V. Swenson, et ux, dated April 8, 1964, and of record in said Clerk's Office in Deed Book 298, Page 527. A reference to said records and to the references therein contained is hereby made for a further and more particular description of said land. It is to be expressly understood that the release of said real estate described herein from the lien of said deeds of trust shall not affect in anywise the lien of said deeds of trusts upon any other property thereby conveyed and not released hereby. WITNESS the following signatures and seals: (SEAL) #4h W. White, dole Acting Trustee OLD DOMINION SAVINGS AND LOAN ASSOCIATION • By �\ .� j - \i P LAW OFFICER �•' .. • o LARRICK AND WH)T .•' .� AMERICAN STANDARD HOMES CORP. WINCNEITER, VIIIVNIiI`— _ 2 — 1 .-1 O') d O 0 m A. 's .65'd3" .e • 9e6-44' .qa //9./.9� 7-a.S9le3' c�/o. � // 9. a4 • 1 0 Sags• 3 �Ag 3 Pfl Des A35•�� s G , E4. O"d 2 0 41. y/G ' i — ..11! dw v rl t .4 rsES /o E /zEG.e6A T/G il.JL7 L g26R N cy . ?-• �� Q tiT vE 2/h/ TD �V1/.�/,UD USES 41AJ/ T X GF4-441Q.0 O/S T,e/G T F/,2EOE.e/Cf'f GG641A-17'11 V/.e 6 /.4-1/A �CRLQ' /" _'SOS .V�VEM/BE.rc' 2L/ /.972. -17 A 4/.v74 A-1 -1A./E-!5 B G ?G ✓//2C� /.tli %i a- a-:., ---a . .vo TE3 /. ®d Ivlt , TE'L 6.�Nd aJE, HIN TE.2 JErvE� f43EA,6'.a/r�d 7d BE /d' i.v ryi47N. r. r/cL c'.v36..-s6.v7s ra .eE GF..VTEr�E.O v O ✓ER` BRCN L/7,tG /TY r�NEt G"✓�.E p' 1p r9 cJT�e / TY Jcri?V�G F. S Tp /AJO�Y/O!,/.�7L LOTS fi,P6 [JOT 1HD/V .l./ ON rN/,s /oe.UT P�6 .y..n-, t.q�Ed /AE 2-04• 7Y ' 49 447 AdvVER LiNC �u.voFQG.Pd</.VO) 4� O Pd�vE2 [/vt id ✓�QVEgO% \ ..¢. fi�r6 NV0.2q.vT TT \ Pt, AT .� I-/4 rvit/G B�L//t%OA/2y .aF L 4 /fE'V146—k / 7:6 kV JAX46 U-5,e�76 41,UlT 2 d mot" q ua.c/ .oi s r.ei.c r F.QEOEe/G/f GpiJ.vTY/ V/A04521J/.q -dc.44-C'• /" a5d' •VDvEtiI.sE.E' 2'Z/ /'97t . s.**iG63 SA./444-+e47-E E.vas i/vdrE.es at-I.e'vE ya.es s r/q Ll.v TD.c/ N4Y.vE� BC /2D J' Y ET AL 3 7� #3291 ; LAK RVM, 4 TOWNHOUSES TO•• ♦. .. • • k DEED OF DEDICATION • • :, ; ' , Corr, 3,93 PnE 448 THIS -DEED OF DEDICATION made and dated this day of lY, .� nl,��,1) 1972: 4 WITNESSETH: The subdivision and platting or dedication of the land known as LAKEVIEW TOWNHOUSES, UNIT II, Building 6, Lots A through E; Building 7, Lots A through E; and, Building { Lots A through E, located about five miles South of Winchester in Opequon Magisterial District, Frederick County, Virginia, described in the plat prepared by Higgs and Shumate, Engineers and Surveyors, dated October 16, 1972, hereto attached and by this reference made a part hereof as though set out in haec verba, is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustee. It is expressly stipulated that the streets and rights of ways to and from the lots described in the attached plat are',k not set apart for any public use, and no public right of passage P P P 9 over them is created by the recordation of the attached plat. All of the same are reserved for the exclusive use in common and benefit of the owners, their successors, assigns, invitees and guests. The realty described in the attached plat is a portion of the realty conveyed to S. Herbert Shackelford, et ux, by Deed of Gustav V. Swenson, et ux, dated April 8, 1964, and of record in the Clerk's office of the Circuit Court of Frederick County, Virginia in Deed Book 293, at Page 527. This subdivision shall be subject to the following restrictions which are constituted covenants real to run with the land: 1. The lots shall be used for single family occupancy, residential purposes only. No commercial uses are permitted, but this shall not prohibit the leasing of any lots for residential , purposes. ti aoc 398 oc 44:) 2. No,fences, partitions or other barriers may be erected upon any lot; 3. No trailers or temporary buildings shall be allowed or maintained on any lot. i I 4. No exterior alterations, modifications or changes I of a structural or ornamental nature shall be made upon any Existing building. This shall not preclude customary and i necessary maintenance and upkeep to said buildings. 5. No animals shall be kept or maintained in this subdivision, except household pets. No dogs shall be allowed to roam unleashed and unattended upon any lot in this subdivision;. 6. No nuisance may be kept or maintained upon any lot.' WITNESS the following signatures and seals: (SEAL) , 'Herbert Shackelf rd I Madge if. Shackelford j (SEAL) ;Joeph W. Whit e, Sole sting Trustee; STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: a Notary Public in and for the State and County aforesaid, certify that S. Herbert Shackelford, Madge H. Shackelford and Joseph W. White, whose names are signed to the foregoing writing, bearing date on the r!ri, day of 1972, personally appeared before me in my State and County aforesaid and acknowledged the same. i ,09 RM ;,:., a ... .. ..... .. .....:.,... f Wx.w. ,...,.wxa,.,, ..,1 n...,.,n..sn,... �............,,., ..... .. .. ......,. ... .. .. ..,, .., .., ... ,..... .. �\ gt^ � V�G O LAKEVIEW TOWNHOUSES DEED OF DEDICATION 11 ' 409 THIS DEED OF DEDICATION made and dated this _Lday Of 1973: WITNESSETH: The subdivision and platting or dedication of the land known as LAKEVIEW TOWNHOUSES, UNIT I, Building 10 Lots A through D; Building 2, Lots A through D; Building 3, Lots A through D; Building 4, Lots A through D; Building 5, Lots A through D: and also the land known as LAKEVIEW TOWNHOUSES, UNIT R III, Building 9, Lots A through E; Building 10, Lots A through E; Building 11, Lots A through E, located about five miles South i of Winchester in Opequon Magisterial District, Frederick County, Virginia, described in the plats prepared by Higgs and Shumate, Engineers and Surveyors, dated October 16, 1972, hereto attached and by this reference made a part hereof as though set out in haec verba, is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustee. It is expressly stipulated that the streets and rights of ways to and from the lots described in the attached plats are not set apart for any public use, and no public right of passage over them is created by the recordation of the attached plats. All of the same are reserved for the exclusive use in common and .benefit of the owners, their successors, assigns,.invitees and guests. The realty described in the attached plats is a portion of the realty conveyed to S. Herbert Shackelford, et ux, by Deed of Gustav V. Swenson, et ux, dated April 8, 1964, and of f record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 293, Page 527. LAW OFFICES LaaaicKAND WHITE This subdivision shall be subject to the following 4 WINCHESTER* VIRGINIA i } x I . • r fi I b . 409 Buy. restrictions which are constituted covenants real to run with the land 1. The lots shall'be used for single family occupancy, residential purposes only. No commercial uses.are permitted. 2. No fences, partitions or other barriers may be erected upon any lot. •3. No trailers or'temporary building shall be allowed or maintainedonany lot. 4. No exterior alterations, modifications or changes of a structural or ornamental nature shall be made upon any existing building. This shall not preclude customary and necessary maintenance and upkeep to said buildings 5. No animals shall be kept or maintained in this subdivision, except household pets. No dogs shall be allowed to roam unleashed and unattended upon any lot in this subdivision. 6. No nuisance may be kept or maintained upon any lot. `>FN WITNESS the following signatures and seals: t A, (SEAL) "S. Herbert Shackel&rlldl, s n Madge bV. Shackelford. SEAL J 'seph W. White, Sole Acting Trustee STATE OF VIRGINIA, COUNTY OF FREDERICK# to -wit; a Notary Public in and for the State and County aforesaid, certify that S. Herbert LAW OFFICES IARAItK AND WHITE Shackelford, Madge H. Shackelford and Joseph W. White, whose WINCH +TER, VIRGINIA f e2- t 4 { y N 73.40` m r 4 N 2 gas' 4, 73 v � � i9. Sa' 20• a , -7 oa' ace' ry fy Q 4 4 k h N st�y �LT3 .�J ®GRT Of .eE�G1 k�;J ,�iJ�� /w' jj II sir LdT A dpT G d4TT �a I it ` 4. N 2.P ") '� 4AG-'44/6Al .0/.3 TQ•/CT n F2Es'JEA-./C.Ar G'QU.VT_Y, V/.P_G/.V/.4 i i7Gd' '9`+d .5e.QcE ," - z5' .6C74049e.e /!o, /97� ,3 4.3° 4/' 4S"W� -- L•//GGS � 4.y[1.NATE is q.� YE Y.4le6 h 0 c/.c../7-0.c1 .q,E'EA 7,625 U V s�z.s' L.6T,S A 74/. G1Q �¢. FT. GaT� B-G !04l0 .cam s4. FT iI lei O G C TS 74/ 4d -1.4 A 7' g 2a 's8'•ry ;_ v ti � 447" A LGT a j ' LeT G LGT 'o y 7 ��a ..,� ' o � � P..rs• tgL�C.3. .2. z �s , �7 'y Gad' a .I, E�vvAh'O C•j- NicS4S �,l CGQrsFiEO �uQY6Y�.� qN0 t'.uG�,v.�'.�',�S . t+'C�-'.id.*r�4"� .C3y' Ts,�C' .3r•4TE e9F va.�+r,,rrv�.q , v0 <1S.f't�'0Y G�,QT7Fy T//AT TNeS .oL.4T <7.VG) .SCiQv�'Y GS<' t <a,yE viE'rV ra wiv�v�CJ3ES , G/N�T S •Irl S .s7gOE .9Y R?E � Q.VL3 Tygi" T.�.'F 7'.TL.E_N�iS O.QTgia/E'O e9Y $ <!6•+Qi3E.QT (y�, OFRac^.,6' ems' TF�L' C��cuT �•�G/+2T 4F 9-/26l7E�iC•Y covvrY, - vi2►Gi•vi.q - ocEG �3ovK 2Sb P�d[,E -S•E7. s w2 .CsS' rfl .ud ni-.c✓�'.esv ,L,,gI'�Esi 1® /�`EG .� L'�' TJa�j.1. f <i L,r r 7Z.sr G47 y Lj T7E. 1 Y/ .0 eo A> 2 eycJ G 5' f�Ea /c.�s Ceuc./rY .�o4.e'G� ALP V s a • c � .�-+ass -oo AUROVED FOR MURAL WATER AND C�FN�RAL �E4 ACE. l fJj C S' I�.�T. G" R'ESr.oE.t✓T E,tlCs/.VBE12 •¢,'•v.. tiV6 2'TE. 4sge 1 C!®A- *.0 T,Q/LT 7 ? y •.:'.ti � f a...5 lLP, CK .CGu.LTY, V1G/.v/.�1 f'►� /GG � - � � �•✓ ufs.►s7 TE "' ,�` <. ca,.�'0 ,.3.' " _S3 - �' .s -5. � • .a,2 ' �� " r1/ �, .� -jp1 � ,ram '�',:' ..--°•-. .S T,Ga u-VT.d.t/ rVG Y,c.'E.5 B p K''d 0 MV r_ YiC/N/TY i°IAF� Jy GAN(V,lw � � r,v.r.vaara � 1g Arr �o �o m ,7G YA L 6 -'dr."E'daE AC AT ed LIA17-Y :5 d.q�e o G.- ,e Y,/,:* ae:S, Acav� ey�°ReW=�':E��e lriE,cE. cJ;Y E�'<7�gr p,v,r..10 1 - b w� w�a�mrs.oaa�r�®s.wr��.� aw .w ar /-9Ecr usi�7 2df. x4► A s O . . , .� _ mercy �sJ � � r .'' -: t ,•, U 11.--�' � � t i �. s 2ti c •-lam . .'>N r ._. .c`. !^i r - C�.'c-, 'S . � C- Le .. <' �.� t`Z •e.. a .• ( .. Z -i^ T., �7 i� •,r1 .�a.,J �^ -.G. > .;,. L �: h'fF Yvtr, T�.\�. YJU.56-3� lJa�' 3 rN� ds lr G'EP+F 7'�f..�.• ..:: 2ttJ�7' .'., ,., �."7' .�. TGala,'--2.".c:',K .r,,•. 1;7•'> .-•..r';.;,,i,rr`'I raE�Q t3Ac9ft +c¢� .•��aGSE .3 `'tI es2 Y4 4 -19AT 310,0e RedC ee-4T/4R>,Qc. 7aE-Q 11 TO :• DEED I IEW TO-EVar'NIiOUSES INC....0 r , l ' k#•k##i#>.#'k'M1,#%%it.*if#''N�9i9(k.w#i6#Y##%#jFfti!•#1F r * f ` aoo�c 409 rncc 460 THIS .DEED, made this 28th. day of May,' 1973 between S.,Herbert Shackelford and r%adge H., Shackelford, his wife, of the one part, hereinafter called the Grantors, Lakeview'Towhhousea,} "y Incorporated, a Virginia corporation, of the second part., hereinafter called the Grantee, and Joseph W. White, Trustee, of a the third part, hereinafter called the Trustee, and North American i Bank and Trust and American Standard Homes Corp., of the fourth ' part, hereinafter called the Beneficiaries. WITNESSETH: That for and in consideration of the sure of Ten Dollars ($10.00), cash in hand paid, and other valuable consideration receipt whereof is hereby acknowledged, the Grantors . do grant and convey, with General Warranty of Title, unto the Grantee, in fee simple, together with all rights, privileges and appurtenances thereto belonging, all that certain tract or parcel of land, lying and being situate in Opequon Magisterial District, F Frederick County, Virginia, containing 1.659 acres, move or less, -as shown on the plat of survey of the boundary of LAKEVIEW TOWNHOUSES, UNIT I, prepared by Higgs and Shumate, Surveyors, dated November 22, 1972, attached.hereto and by this reference. made a part hereof; and being a portion of the realty conveyed to the -Grantors by deed of Gustav V. Swenson, et ux, dated .April 8, f 1964 and of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 298, Page 527:'. LESS, HOWEVER, those certain lots or parcels of land identified as Lots A, B, C,. and D, of Building l; sots A, B, Co p and D, of Building_2; Lots A, B, C, and D, of,Building 3; hots A, . B, C, and D, of Building 4; and Lots A, B, C, and D, of Building. LAW OFFICES 5; said lots being shown on the plat of survey of LAKEVIEW LARRA:It AND WHITE WINCH1STEM, VIRGINIA TOWNHOUSES.,. UNIT I, prepared by Higgs and Shumate, Surveyors, date 5 i IM ✓W wTY:.>e.,,'.rw+n v.ai....wa.w+rv.n.,n.... air,,. •yas=:y.,.n +r...+... vu..wxw, ..•. .. v., n... ....., v-v,.. M.......� .. ,.. - .. .-... ... .. .. .. ..... : 1 BOOK 409 FACE 461 october 16, 19720 and attached hereto and by this reference made a part•hereof. This conveyance is subject to the following restrictive c covenants which are constituted covenants real to run with the land: . { 1. Those portions of the land herein conveyed which are designated on the attached plats as streets, sidewalks and parking lots shall be used exclusively for the purposes so designated., for the benefit of all of the owners of the townhouses known'as Lakeview Townhouses, their heirs, successors and assigns. 2. That portion of said real estate not designated on t the attached plats as a street, sidewalk or parking lot shall be y used exclusively for a lawn, park or recreation area for the benefit of all of the owners, their heirs, successors and assigns, of the townhouses known as Lakeview Townhouses. 3. No business or commercial enterprise shall be. maintained upon said realty. d 4. No activity shall be maintained upon said realty which does not inure to the general benefit of said townhouse owners. 5. No partition or subdivision of said realty or of any interest therein shall be made. The Grantors reserve for the benefit of themselves, their heirs, successors and assigns a right of way over tiie land 'herein conveyed, all streets shown on the attached plats, and the road described as "Chinkapin Drive" on the attached plats for ingress and egress to and from Route No. 642 and each of the lots LAW OFFICES identified as A, B, C, and D in each of the buildings identified LARRICK AN( J WHITE WINCHESTER, VIRGINIA as 1, 2, 3, 4., and 5 on the attached plats. -2- BOQK09 PA(f 4 G WHEREAS, American tandard Homes Corp., being .the owner and holder of the unpaid notes secured by deeds of trust from the Grantors to J. Frederick Larrick and Joseph W. White,' Trustees,,, dated March 1, 1973. and.April 24, 1973, and of record in said Clerk's Office in Deed Book 405, Page 97, and in Deed Book 407, Page 473, respectively, has requested that the Trustee release M from the lien of said deeds of trust the land herein conveyed;. and, WHEREAS, North American Bank and Trust, being the owner a and holder of the unpaid note secured by the deed of trust . frown the Grantors to J. Frederick. Larrick -and Joseph W. White, Trusteed dated December 20, 1972, and of record in said Clerk's Office in Deed Book 401, Page 553, has also requested that the Trustee release from the lien of said deed of trust the land herein conveyed; NOW, THEREFORE, THIS DEED FURTHER WITNESSETH; That � ,r for and in consideration of the sum of One Dollar ($1.00), cash in hand paid by the Grantors to the Trustee and the Beneficiaries, and other valuable consideration, receipt whereof is.hereby acknowledged, the Beneficiaries and the Trustee.do hereby release and quit -claim unto the Grantee all of the property described in this deed, but it is to be expressly understood that the release of said real estate described herein from the lien of E said deeds of trust shall not effect in anywise the lien of s i said deeds of trust upon any other property thereby. conveyed and not .released hereby. The Grantors covenant that they have the right to 4Aw d' Mts convey said realty to the Grantee, that the Grantee shall have: r i CARRICK AULP 14HITE W1Hell ES'fet villoulA quiet possession thereof, free from all encumbrances; that they, { -3_' t a;. 4 nR x,v,......, S. Herbert Shackelf d Madge H. hackelford (SEAL). J ep W. While, Sole Acting Trustee AMERICAN STANDARD HOMES CORP. Vj Jy •', ° �i' .�,' NORTH A,MERICAN. BANK AND TRUST 10 i w By � ii014,., sv ,' 4y ,,/,,, Charles .C,. Jc� es, President �'"`i♦}} o � � . cry f -- • ,,. +° Fxgnk$e Adamson, Assistant C shier ATF, OF VIRGINIA, COUNTY OF FREDERICK, to -wit: Z, \9 _ f}�G� 6 a Notary Public of and or the State and County aforesaid., do certify that S. Herbert Shackelford' and Madge H. Shackelford, his wife, Grantors, and Joseph W..White, Trustee, whose names are signed to the foregoing writing, bearing date,on the 28th day of May, 1973, have acknowledged the ,same before ate in my State and County aforesaid. - LAW OFFICE { LARRiCK ANO WHITE �f �l t WINCHESTER, VIRGI IA Given under my hand this day of 1973 �, 1,CAVjoe AA4E—AWZ.,W74 rd a-- Add j ds' 71 r� ig rvsT6Jt.C6O.Lp t�- sa./®r1✓oQtJAaL Ls'1'T'+.j �.�.+,r - ... 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T qL. t � s D p G s ? 3S ".c» " -2 +� 9dd • dd ' ��A 4 . / • 4d Low 6�a sib ed' T r _S9 G3' .4: Z'4.46' 77: /4•ad' ' c ..� c'si� _ -v "-. e �, • ,� "..�/ • CoOG ts.P. = v ; . � v.2 ' �! • i � � '� � 0 : 88 ! 4/ ' 2 r .0 = 44 dd' Q � Aax ®.IP. s .6 S'S' a V ' d.3 E• Z J tiq4`� I b 1001, jab �D sd . fir._ %SK' ` A A5 4• � is 3� �07 r�10 G � e "Ol L.vrsE3;oE �a.• - air'., r� � � � ` ?EC.QEgT/�itJ.�L. .VOA � ���. •'E � O N �' ~ �A- mow. 4d, CHI. '. sySJ .�/ s ®w� ' C Off / V toX t >> a 0 ; - p- e� t3 c VAF / 46 Q4 Z4545mod. r q�4..,$.�i �•=4/a0. '. I � N \ 4 C 6.a�"O��/GJ'� GQtd.vTY, V/AL- 6/A//.cq r.6 A/ 'V q Y �/E g 8 Gi tQ® Pt � �= LAKESIDE--LAKEVIEW TOWNHOUSES MDP Ri(A L i vr n 9 9 r, FINAL PLAT OF RE -SUBDIVISION 19k(BAeW `U`(9)WMDDqDUVM Sedhli[M V Shawnee Magisterial Oistri::t Frederick County, Virginia F'RQJE R5A.. 0 ilp Vicinity MRP /'Scd. I'-2LX)O* APUO Frederick County Sanitation Authority Dcte Ole 4r Planning Commission Date Subdivision Administrator L14 - Date Vo. Dept. of Fronsportatlon &2 4• kY,,�� rate !OzS- OWNER'S CERTIFICATE The 'above and foregoing subdivision of the land of Lakeview Partnership, as oppea s in the occomponying plats, is with the free consent and in accordance d nrietors, and trustees, J any. I W" her,sires fire—DRdegsig owners, pro V / "Date NOTARY PUBLIC a Notary Public in and for the State of Virginia, at large, do certify lr whose names are signed to the F foregoing Okner's Certificate, have acknowledged the some before me In roy state. :.p Given under myhand thi--'-- day of Zei)tii 199-5. My commission expires 7 SURVE"OR'S CERTIFICATE: I hereby certify that the land contolned in this subdivision Is a pol"Icri of the land conveyed to Lakeview Partnership by deed dated March 14, 1989 as' recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 707 at page 671. The original Deed of Dedication and Final Plot of Subdivision is recorded in the said Clerk's Office in Deed Book 669 at page 521. nn ' op P. Duane Brown, L.S. spy P. DUANE BROWN DATE: MAY 8, 1995 COVER SHEET FlLEJ: "4164:PL5-1.DWG" NO.1285 gHbert w. difford & cesoclotea. Inc. SHEET ENGINEERS - LAND PLANNERS - SURVEYORS I dq- SURIX( 150-C of avelmleh DOW11 200 North Corrism Strok OF Fm&ddmW% -AgWo 2240t Whatimter, Viroft 226M 5 M BM-2115 (703) 607-2130 Area Summary Area in Lots 1.3857 Acres Open Space 1.0851 Acres Parking 0.6517 Acres TOTAL AREA SL1ED47DED 3.1225 Acres Number of 2—BR Lots 3 (Lots 83, 86, 89) Number of 3-61? Lots 25 TOTAL NUMBER OF L 0 TS 28 Existing Zoning: RP Existing Use: Vacant All prupe-ly owners in Lakeview Townhouses are required to belong to the Lokeside Nome Owners Association. The Association is the owner of all Open Space and Parking Areas and is responsible for the maintenance of those areas. All property owners must pay on annual assessment for this maintenance. This fee and all other rules of the Association are set forth in the Restrictions and Covenants attached hereto. � (��Il��!1 owmhouwa ��vv�,,,�,�o{}}RR V P. tyILdaolm G— OATE: MAY 8, 1995 SUMMARYFILEM:"4164:PL5-1.DWG" gilbert w. clifford do associates, Inc.ENGINEERS - LAND PLANNERS - SURVEYORS SN2E7 150-C Old@ 0"m k' Or#" 200 MaM cameo sbrM OF h6er1drdW % "to 22401 Wthester, Wghb 22E01 5 (703) SM-2113 (7" Ee7-2139 DK84 1 PG0227 LAKF-'AEW TOWNHOUSES SECTION M y VACANT PROPOSED EX. USE: 9. EX. ZONING: RP 25a 22. 17 EE lio-00 OPEN spACE W14,39 2--',Od S 38'09'54" E 576, JlC0.,d 20� 35.54' r" ji 11 90,0dif 20 E 59* 25Od 14 'VA 20.0d I 25.00 20 <z E C, !.—C Q 201 A C 2_0 oWar 20, SLE S E 20' 00, 5* SgEEI _25-51d 22. A 20. 6 20-006 Cor yS.Od r- 90. It *7 ppP'KING 5 EA - CLIP. 77. ESM" 30St r yl -.4 iio-owcy 0 E P4 14 2 -4(2 20. 5. C 25. s E 51 S7 Is, " 77 (7 0\A SL S E 25.0,y 2zo 67.00!, Z5.0d 4 20.00 S• V' �NG CKgERR NOTES: MWWO*WM M FRONT SE ETBAATICK : 2o'30' WE rRom PARKM AREA \4 BLDG. SEPARCIN W' rRONT & (50 PEFHMETER BOU040ARY SETBACK - V SIDE - 5G* REAR TH ofyr L&k(BVhW 'T(lDWMDn(ZUW3 %nd(D)IM V 0 x5 10 too P. DUANE BROWN > DATE: MAY 8, 1995 SCALE: 1"-50' FILE#: "4164:PL5-3.DWG* .fVNO. 1285 gilbert w. clifford & ossoclates, Inc. SHEET ENGINEERS - LAND PLANNERS - SU9',IEYORS 3 <,q Cle. 15G-C Olde Dow wid Orhv 2DO North Comwon Strwt OF SuRve Fr"wkk*wq. V%qb 22401 Whcheeter,,rld22M (703) 806-2115 6s, -2139 % 2.22 it PROPOSED = , ET 5 OF 5 yt LAYENEw TOww10uSE5 e a I EX- ZONING: R CTiON% USE: vACANf � ot � 7/ N ee'45'.3' E 253 I I 14 �("__� j ���__ N _ 95 A _ I *j s' SIDE E54't � � m M1 r `V OPEN SPACE n V CD U u 4. ,n'51 N 511E f1500 `64S N i I 6;LJ 6 t84 7 SEE U !� 1 `� "d• �• 10SC• Fl. g ,I Q O i - g ��,� SN5Et I k Loth Liz OF1700 e31 0,30. E SS Q. u 1 $ m N C) 0 I 3z7� O Lot 82 ` g w z . ' $ 2210 T� —^ ct et 5 53 0u ww E5.00, J W AREA SEWER MENt r�'� 27.02' 1 vlb WATER EASE _� '�" E 1 r 0 a'�1 _ 20.00 �• N 2000 2,'00 p1 �520' t B � OPEN SPACE l �) 0.7052 AC. .�. $.., 20. /h1N it AGE EIM SEt�`B)� 0 25. r IK Al $' y�.Od 2p'•Od �0. 001 �' 22.00 "3ee.ov S4.31i W 4.15' fnk� •{ p DRIVE \ NOTES: MMIwu FRMT SETBACK . 20' FROM PARKING AREA I;XIS11N R� A� �AERRtio7o MINIMUM BLOC. SEPAAATION . 30' SIDE (50 W, 5V FRONT k REAR PERIMETER BOLMARY SETBACK - 30' SIDE - 50' REAR G NA&WkV "TOWM UM0 aOCMan®lm V 0 •2i SO 100 9OATE: MAY 8, 1995 SCALE: 1"=50' FILES: "4164 PL5-4.DWG" 90bert w. Clifford r!t aa5ociate5, Inc.ENGINEERS — LAND PLANNERS — SURVEYORS SFtEET 15a-C OIde Orwn.kA O.M 200 NpM C'etrnwon SWN of hsdwiclobx2. MrgMIa 12401 MnehMtr, VIrpY11a 22M (7" ON-2115 (703) 7e7-2139 5 NOTES: WNMPJM MOOT SETBACK - 20* FROM PARKING APEA LONIMUM BLDa SUARADON : MoN X ME 5a T & REAR UK84 I IIGG0229 PERIMETER BOUNDARY SETBAO< - -W S" - 50' REAR E 20' DRAINAGE EASEMENT PROPOSED � WWOUSES OpEN Sp ACE SEC "A 0, O.-YOS2 AC- ftp EX. zmltAG- -A'VA'r .4 Ex. USE: VA \Ib' 5' 0or 03-id 311 Lot90 Q II "V Sal 71 3 or 5 ,P--.,TH of evrP.DUANE ft BROWN NO. 1285 9- 2210 S%- ft Lot, so "'7V% ft y-w E ff Lot IVO JL ory wlar3a 1\0 OPEN SP'k 00, IN enor3e E 3/'7 Lot 87 2zo S4. 'fi Lot Be t V � d E MOO Lot 85 rt 2210% S Sp.kCE ALK El-" 64 -7 12EEi� , 7 1Lg&(evA(Bw,'7qDWM&qDum "z" O(MdqDM V 0 25 50 100 DATE: MAY 8, 1995 SCALE: 1--50' rFILE#: "4164:PL5-5.DWG"l 99bert w. clifford & essoclate% Inc. SHEET ENGINEERS - LAND PLANNERS - SURVEYORS 5 150-C Ck% Grwwmkh Ddw 2W North Co"emn Str"t OF rmftrkl�ur} Vk*lo 224M Mmdwdw, VWAM 22M (7" 808-21M (I" "T-2130 FINAL PLAT Lakeview Townhouses Section V (MASTER PLAN PHASE III) SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 4 mng v . ^ 64 _l' i ei! GS ii • '��,,1�(� sn� _`:�' VICINITY MAC J �.�!� = --- �_— SCALE:1'=2000' APPROVED BY FRED. CO. SANITATION ACCUTH RIT DATE 7'6 PLANNING COMMISSION`S - t DATE u I� ' ` t/'^ r —� SUBDIVISION ADMINISTRATO ` v DATE VA. DEPT.OF TRANSPORTATION DATE OWNER'S CERTIFICATE _ The above and foregoing subdivision of the land of SHIHO, Inc., T/A Lakeside Development, as appears in the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. All property owners in Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association is the owner of all areas shown as Parking Areas and Open Space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and 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 Lakeside Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE hereby certify that the land contained in this subdivision is a portion of the land conveyed to SHIHO, INC., T/A Lakeside Development, by deed dated , 19_, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book at page P. Duane Brown, C.L.S. i P. DUANE ��',• DATE: MARCH 30, 1988 COVER SHEET 0 BROWN NO. 1285 gilbert w. cliffor & associates, inc. SHEET ll A 11 1 Engineers - L.od Planner. OF Surveyors LANDS LWC old. a . ...ke n.,.. 20 s..s, c__ scar 4 14.iiiet.l.q. Vino!. 22401 CM) "a-211! Mi..h . vhtid. 22.o1 (702) W-2129 OPEN SPACE. 1 o I.J N Z O F NOPEN SPACE co f!f � W '1N N FUTURE DEVELOPMENT N86�30'34'E 242.41' _ OPEN SPACE N80024'39'E 00241391E 100.00, 12.00, N80024'AWF: MOM' 30.00' C,) itI I V �. it 0.��� : N� �..� _- -,- JpJJto O to N .n- I ( I, N SP LL 100 L. l LL I G LL ti t°cn .cn 1_.°(_1_ m 1 - )1 J -1- 1- J 06 J Ln O o -j W) N I I i N .r 0 M O PARKING 3 7\ \ \ \ \ \ \ \ m Z AREA N \\\20' UTILITY E\ T \\PARKING AREA\ \ \\\ N 3 Z N80024'391E -12.00' W QW J �C W W V c0 to U 1 d ' w W a a O. O OPEN SPACE INOTE: MINIMUM FRONT SETBACK = 20' o�*'SEALTH FOP P.. DUANE��, BROW s N0: 1285 9S LAND of J -I_ -1 rr _1_ J O _1 J O 1 •+ Co tL -JJ Ln N I - I — ( N OPEN SPACE 386.04' HACKBERRY DRIVE (50' R/W) -114,01' 1 ai u) N J Ln 1 M 0 N Lakeview Townhouses - Section V DATE: MARCH 30, 1988 SCALE: 1 "=40' gilbert w. cliffor & associates, inc. SHEET } _ .. 2 - Bostme" . LNW mun re OF Surveyors 150-C Oa. O.—" Ddn 20 e..r Orson ac..l 4 ft".Wf.fg. Vkf1Y. 2rr01 (703) IN4115 Wb b .1s. wklk� 22601 (�01) ip-012D (MASTER PLAN PHASE III) m A FUTURE I \ I(See Sheet 4 of 4) DEVELOPMENT 3 X(00 I o I M O off) I ' O ` N86030'34-E I 242.41' I Lot 87 l� OPEN X — — SPACE OPEN SPACE. ' 83°10'30-E N 85.00' a Lot 86 2550 Sq. Ft $I Lot 70 \ \ I �$ Lot 85 1 I R 17o 8 (� 0 Sq. Ft N Lot�84 170o Sq. Ft PARKING AREA \i - o Lot 83 ,W,y 1700 Sq. Ft \ 3 m "a1= Lot ° °D : W � \ � 1700 Sq. Ft zCD w � U a \ \ \ \ \ co Lot $o a \\2a u\ TY ESMT \\ 170o Sq. Ft. _ rn tio. Es.00 °v a o co N36°47'34-E 12. 0' \ Lot 80 $ a O O t 2531 Sq. Ft. o W W N80°24'39- " Y 20.00' " 20.0& 24.01' 78.71' a S83°10'30-W N53°12'26'W-..8.68' L S53°12'26-E-8.68' LL \I t N ^ �- c' Io ^ —� coJ O J O J O CoJ M CDlLO � ca z T T Lo\I OPEN. SPACE - N N \ 20' UTILITY ESM'T J 20.00 20.00 \ S80°24'39-W 120.00' 30. IN, I S80024'39-W 386.04' - -- HACKBERRY DRIVE (50' R/W) J NOTE: MINIMUM FRONT SETBACK = 20' o�,ALT.qp�,�� Lakeview Townhouses - Section V - P. DUANE ��',, DATE: MARCH 30, 1988 SCALE: 1 "=40' u BROWN NO.1285 gilbert w. cliffor & associates, inc. SHEET Engineers - Land Planners F Surveyors �. LAND `'J uo.c old. 0r...-i.k Dd- Pl@d k & Vkad. i7601 CM) IM41U Io 3-6 a.— 9-.. A Mlo.bm.. Vkaid. =601 Qe]) {Qd4 1L I l N83010'30"E_ 79.10' I 0 M j) o so OPEN SPACE M O co IZ 83e10'30" 73.66' t go'•` ;� N40e40'30•Eot 15. L9338, 2491 Sq. Ft Lot 92 a 1700 Sq. Ft v� - _ I I Lot 91 \ 1700� Sq. Ft ~ Lot 90 � \ N \ M ' 1700 Sq. Ft Lot 89 PARKINQAREAZ 1700 Sq. Ft CO \ I Lot 88 o 1700 Sq. Ft ., z I 242.41' 1 \ I $ Lot 87 N86�p• E �' I 2550 Sq. Ft �--OPEN SPACE \ I\ I OPEN SPACE 85.102 S�'1o'3o•w (See Sheet 2 of 4) \ -- I\\ I Lot 86 (Sae Sheet 3 of 4) NOTE: MINIMUM FRONT SETBACK = 20' off" &LTN o,�.�r .'' P. DUANE *CN N0: 1285 _ 0 LAND Sv�J ' 1 CD )V N W to O Z a G O W Y .j ca W V a w Z W m x W AREA SUMMARY Area in Lots 1.4418 Acres Area in Parking 0.7439 Acres Area in Open Space 0.9368 Acres Total Area Subdivided 3.1225 Acres No. of Lois 31 Average Lot Size 21026 Sq. Ft. Lakeview Townhouses - Section V DATE: MARCH 30, 1988 SCALE: 1 "=40' gilbert w. cliffor & associates, inc. SHEET Engineers - Land Planners OF Surveyors U0•C OW. a.o"r.b C.Iv. 70 Saul, C-- ae.. 4 R.I. W b.a{, vish" ="I cm) 69"Au Wwa.". V"iws = 01 CW) „7.2170 (MASTER PLAN PHASE HI) [E 0 W E- ?TATES' KESIDE OCT Z 3 LAKESIDE DEVELOPMENT COMPANY P.O. BOX 3276 WINCHESTER, VIRGINIA 22601 (703) 667-2120 October 19, 1989 TO WHOM IT MAY CONCERN: This is to advise you that the followih9'',areas of Lakeside Estates in Frederick County, Virginia falls under the existing Residential Performance (RP).rezoning. A part of the rezoning ordinance requires -the developer to "set aside" certain areas as "open space",. In order to maintain these "open spaces", a Home Owners Association is also mandated as part of the ordinance. The following sections are affected by the above: THE VILLAGE AT LAKESIDE SECTIONS 1 THRU 8 LAKEMONT VILLAGE LAKERIDGE SECTIONS 1 AND 1 LAKEWOOD MANOR SECTIONS 1 THRU 8 LAKEVIEW APARTMENTS LAKEVIEW TOWNHOUSES SECTIONS 4 THRU 7 At this time, all paperwork is complete and dedications made at the court house for each section as the subdivision plat went on record. The association, by laws, dedication, covenants and "open spaces" as they pertain to each section are on record in the Clerks Office Frederick County, Virginia. Also, at the writing of this memorandum; the associatior>is as they pertain have not been activated by the developer. Therfore, no dues are in arrears, or dues owing for the remainder of 1989. Sometime in 1990 all sections will be activated under the Associations by laws; and all parties will be notified by certified mail when the}s activition takes place and when dues will be required. page 2 cont. If you have any further questions regarding .this, you may phone or write to Lakeside Development Company P.O. BOX 3276 Winchester, Virginia 22601 Thanking you in advance I remain. Sincerely, ave Holliday President Lakeside Development Co. COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 June 6, 1988 Mr. Charles E. Maddox G.W. Clifford and Associates P.O. Box 2104 Winchester, Virginia 22601 Dear Mr. Maddox: This letter is to confirm the Frederick County Planning Commission's action at their meeting of May 18, 1988: Approval of Final Subdivision Plat of Lakeview Townhouses, Section 5, zoned RP, for 31 townhouse lots with access, parking, utilities, easements, and required open space. This property is located on the north side of State Route 647, along Hackberry Drive, in the Shawnee Magisterial District. If you have any questions regarding your subdivision, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg cc: David Holliday 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 SUBDIVISION Lakeview Townhouses, Section S Zoned RP (Residential Performance) 31 lots LOCATION: North side of State Route 647 along Hackberry Drive MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Residential land uses and RP (Residential Performance) zoning PROPOSED USE AND IMPROVEMENTS: 31 townhouse lots with access, parking, utilities, easements, and required open space. Average lot size is 2,026 square feet. REVIEW EVALUATIONS: VA Dept. of Transportation - Although this section of Hackberry Drive is not presently in the State's Secondary System, the proposed entrance layout to the townhouses appears satisfactory per the Department's requirements. The pavement structure for the entrance shall be the same as the main line of Hackberry Drive. Also, a stop sign will be required. Sanitation Authority - Need 20 foot easement on Sheet 3. Stephens City Fire Company - Shall comply with Chapter 10 of the Frederick County Code as a minimum. Inspections - Building shall comply with Section 309 (Use Group R, Residential) of the 1987 BOCA National Building Code. Planning and Zoning - No objections. Plats are drawn in accord with the approved Master Plan. Sanitation Authority corrections will be made for the required easement. STAFF RECOMMENDATIONS: Approval. -nJ�, • � ''-1 �� �- , ��% • f�•.f' � �� ; Aso ; .��••� ;� - ln�ie � f ns E yvill /'� •• � 1 '1 y�r � r. � . - d �' � •R• f c�' �/ / 1` •� PiAl 756 GT Ch tephe tCit ✓ i b• T , 1 . Frcllla C' . O j ..._ r.: n . l740 VICINITY MAP SCALE:1"=21000' s, FINAL PLAT Lakeview Townhouses Section V (MASTER PLAN PHASE UI) SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA r i np (u f' ' —` • . '�' ` VICINITY MA� - — -- - r' SCAL :1'=2000' APPROVED BY FRED. CO. SANITATION AUTHORITY DATE PLANNING COMMISSION DATE SUBDIVISION ADMINISTRATOR DATE VA. DEPT.OF TRANSPORTATION DATE _ OWNER'S CERTIFICATE The above and foregoing subdivision of the land of SHIHO, Inc., T/A Lakeside Development, as appears in the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, If any. All property owners in Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association is the owner of all areas shown as Parking Areas and Open Space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and 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 Lakeside Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE r I hereby certify that the land contained in this subdivision is a portion of the land conveyed to SHIHO, INC., T/A Lakeside Development, by deed dated , 19_, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book at page J.?XTUpP. Duane Brown, C.L.S. I ��',. P. DUANE DATE: MARCH 30, 1988 TCOVER SHEET v>oa0 O Nam...._ s N0.1285 Silbert w. cliffor & associates, inc. SHEET A. ���� v`� B.ssn.. • �..e errs. OF snn.ren LINO SWP u►e s w o.� �.. 4 rrrrr.�. \\ply OM1 fA/ nRflr rYiir., YrYn sMl (rry .ems pFya;,'1 �.3ak i \w- OPEN SPA �— FUTURE DEVELOPMENT N86"8034•E 242.41' EN SPACE N80.24'39'E 4'39'E 100.00' 72. N80.24'39'E 100.00' t0. 20. 30.00' 30.00' 20.00' 20.00' 30.00' Cf 1 a LL 1tf LL tO LL _. ^ h CO JN •I J^ I 03. -1 I J� N cV n1L �LL �LL CLL W t0 a I t0 I 10 -I- tl 90 N -,• J O I �I J O 1 �I J to �1^� t r.( Z O E _ 30.00' 20.00' Od 90.00' NOPEN SSPP E_ 2 1 OPEN SPACE S80"S Lu �rn W N 7 PARKWG \ \ \ \ \ \ 20 UTILITY MT \\ PARKING AR\EA 3 aREn \ \_ F o Z N80'24139'E--12.00' Lu OPEN SPACE N W— - - 30.00' 20.00' 20.00' 30.00' Y 3 WCo W ti � LL lL LL LL - �3 1 t•N 1 ^C0 t p Q • W $lin J •1- J n j- J I -� U) IL O 30.W 20.W 2Q00' 30.ar -' ^ 4 w OPEN SPACE HACKBERRY DRIVE (50' R/W) NOTE: MINIMUM FRONT SETBACK - 20' A X o��� Lakeview Townhouses - Section V P. DUANE �,. DATE: MARCH 30, 1988 SCALE: 1 "=40' .V P. BROWN A NO. 1285 a Silbert w. cliffo — �/ _ associates, inc. SHEET 2 ■" j -+ . Lrd Pb" OF EA No SVR w c ow a.�r� o.. 3■ 70. ' s w o..�.... 4 We— nw pry - iu rrr.r. v` — n", (.m -4ts (MASTER PLAN PHASE III) FUTURE DEVELOPMENT o �w O eve N86'302al 242.41 1 OPEN SPACE Lot 70 -I t I\ IJ(S" Sheet 4 of 4) IN\ l I i I \ I ot 87 L---L _-- I O I� I\�\I I\ `I PARKING gREA I I o I \ � m \ I ( I � 2o'tmuTY esMT _ or N36.47'34'E 12.00' \ N Lot 86 2550 Sq. Ft Lot85 1700 Sq. Ft Lot 84 1700 Sq. Ft Lot 83 1700 Sq. Ft Lot 82 1700 Sq. Ft Lot 81 1700 Sq. Ft. Lot80 2531 Sq. Ft. 751 71 \\ N53°12'26-W-8.68'. S53"12'26'E--8.68' LLp 1n�LLj 1p1 t� LLq ri-, I slate" V'sl_ w f� Ib ^ W IN\I t7 0n9W"W O'O p"l O �Itn R J c6 J as J�� OPEN. SPACE �►z�-10' UTILITY ESMT S80bay \I� HACKBERRY DRIVE (50' R/W) NOTE: MINIMUM FRONT SETBACK - 20' Iv P. DUANE ��rr BROWN NO. 1285 �. LAND S46� Lakeview Townhouses,,,-- Section V DATE: MARCH 30, 1988 SCALE: 1 "=40' gilbert W. cliffor 8c associates, inc. SHEET 3 3—yon OF 1!►C OY. O�sY OY. f W SM I 14Wq � Snl Pml �O�tl MW". '/YW. ]fNl (IW) M-11Y �1 ;ar r i N83'10'30"E- 79.10' ' 3 I 0 M � o OPEN SPACE '. 75A66 N40"40.30"E 15 3a. C1 p�0 LOt 9`3 $ W .k. 2491 Sq. Ft N W O O�� O Lot 92 a t ' I 1700 Sq. Ft R �r C \ w m Lot 91 I0 �\I 1700 Sq. Ft w :3 \ be co I\s Lot go cum o :Ioi Co \ ` 1700 Sq. Ft to \I c Lot 89 w m 3t PARKING AREAZ 170o Sq. Ft ` V a t- v Lot 88 Co rn I 1700 Sq. Ft co Z o I _ w $ o 242.41' Lot 87 a N86-30..E I • \ 2550 Sq. Ft '-'--OPEN SPACE I \ I OPEN SPACE 883.10.30•W (Sea Sheet 2 V 4) a I\\ I Lot 86 (See Sheet 3 of 4) NOTE: MINIMUM FRONT SETBACK s 20' AREA SUMMARY Area in Lots 1.4418 Acres Area in Parking 0.7439 Acres Area in Open. Space _... 0,9368 Acres Total Area Subdivided 3.1225 Acres No. of Lots 31 Average Lot Size 2,026 Sq. Ft. Lakeview Townhouses - Section V DATE: MARCH 30, 1988 SCALE: 1 "=40' P. DUANE ��',, BROWN NO. 1285 gilbert w. cliffor & associates, inc. SHEET s—y— OF U ND 5 uac ow o.�a m.. R,Maaa1.... ".W. II1M frol Y4iltl rra..... v..I.Y are (q" Yfsls (MASTER PLAN PHASE III) COUNTY of FREDERICK Departments of Planning and Building M E M 0 R A N D U M 703/665-5650 TO: Stephens City Fire Company , ATTN: Mr. Frank Weller Virginia Department of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellingthon Jones Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin Inspections Department ATTN: Mr. Kenneth L. Coffelt FROM: Robert W. Watkins, Director DATE: April 25, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Master Plan Rezoning X Subdivision We are reviewing the enclosed request by Lakeview Townhouses, Section 5 , or their representative, Charles E. Maddox 667-2139 Will you please review the attached and return your comments to me as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/665-5650 TO: Stephens City Fire Company , ATTN: Mr. Frank Weller Virginia Department of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellingthon Jones Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin Inspections Department ATTN: Mr. Kenneth L. Coffelt FROM: Robert W. Watkins, Director DATE: April 25, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Master Plan Rezoning X Subdivision We are reviewing the enclosed request by Lakeview Townhouses, Section 5 , or their representative, Charles E. Maddox 667-2139 Will you please review the attached and return your comments to me as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Building shall comply with Section 309, (Use Group R, Residential) of the 1987 BOCA National Building Code. Signature Date 9 Court Square P.O. Box 601 - Winchester, Virginia 22601 COUNTY of FREDERICK o F Departments of Planning and Building � MEMO R A N D U M 703/665-5650 Stephens City Fire Company , ATTN: Mr. Frank Weller Virginia Department of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellingthon Jones Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin Inspections Department , ATTN: Mr. Kenneth L. Coffelt FROM: Robert W. Watkins, Director DATE: April 25, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Master Plan Rezoning X Subdivision We are reviewing the enclosed request by Lakeview Townhouses, Section 5 , or their representative, Charles E. Maddox 667-2139 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Shall comply with Chapter 10 of the Frederick County Code as a minimum. Signature Frank Weller, Fire Chi Date 4/26/88 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 '`f CO ►per 4�`;- 1988Depa M E-k'N TO: -- UNTY of FREDERICK of Planning and Building 703/665-5650 Stephens City Fire Company , ATTN: Mr. Frank Weller Virginia Department of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellingthon Jones Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: April 25, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Master Plan Rezoning X Subdivision We are reviewing the enclosed request by Lakeview Townhouses, Section 5 , or their representative, Charles E. Maddox 667-2139 Will you please review the attached and return your comments to me as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: ALTHOUGH THIS SECTION OF HACKBERRY DRIVE IS NOT PRESENTLY IN THE STATE'S SECONDARY SYSTEM, THE PROPOSED ENTRANCE LAYOUT TO THE TOWNHOUSES APPEARS SATISFACTORY PER THE DEPARTMENT'S REQUIREMENTS, THE PAVEMENT STRUCTURE FOR THE ENTRANCE SHALL BE THE SAME AS THE MAIN LINE OF HACKBERRY DRIVE. ALSO, A STOP SIGN WILL BE REQUIRED. Signature Date �AY198� DE P�� Blit�'Jr1NaN6 9 Court Squa f�'�ZflZ���rb_Box 601 - Winchester, Virginia - 22601 �J ti ppR1g88 `�'j bEPT• of D �D04 � pN Stephens City rie Comnanv\\ COUNTY of FREDERICK QDepartments of Planning and Building E M 0 R A N D U M 703/665-5650 v co ZO ATTN: Mr. Frank Weller Virginia Department Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellingthon Jones Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: April 25, 1988 SUBJECT: Review Comments On: Conditional Use Permit Master Plan Rezoning Site Plan X Subdivision We are reviewing the enclosed request by Lakeview Townhouses, Section 5 , or their representative, Charles E. Maddox 667-2139 Will you please review the attached and return your comments to me as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: a v 5A-Fe7- 3 Signature Date A ,2d, d'o' 9 Court Square P.O. Box 601 Winchester, Virginia - 22601 FINAL PLAT Lakeview Townhouses Section V (MASTER PLAN PHASE III) SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA - `>AV ' + l +ate bs +♦ _ . �. ���' )11 .��.-�. - r , �.•. .'+ a -� /. _ .. ��,� /' • ,F�,�r�. 9� ... --1. �..•-• VICINITY MAC` 0000, APPROVED BY FRED. CO. SANITATION AUTHORITY DATE PLANNING COMMISSION DATE SUBDIVISION ADMINISTRATOR DATE VA. DEPT.OF TRANSPORTATION DATE OWNER'S CERTIFICATE The above and foregoing subdivision of the land of SHIHO, Inc., T/A Lakeside Development, as appears in the accompanying .plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. All property owners in Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association is the owner of all areas shown as Parking Areas and Open Space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and 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 Lakeside Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE hereby certify that the land contained in this subdivision is a porpon'of the land conveyed to SHIHO, INC., T/A Lakeside Development, by deed dated , 19 , said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book at page '601TH p�,` P. Duane Brown, C.L.S. P. DUANE ��'� DATE: MARCH 30, 1988 COVER SHEET BR N NO. 1285 gilbert w. cliffor & associates, inc. SHEET 0 4I ausimers • Lana Planners OF (� aQSurveyors LAND 5 LWC 01" 0—M w1•. 20 so.a cone.. ee.e 4 ft".W.., Vtob" 2M01 (son M 4115 Mho b"W, WSW. 22601 (300) 667,213e OPEN SPACE V , .J FUTURE DEVELOPMENT N86°30'34"E 242.41' _ OPEN SPACE Cq I LL I In ALL JO I JO I JtA 4 '� N N80024'39"E 17.00' hLL¢ LL¢ I DELL I C� O —j Ln I_ N Z O F 30.00' 20.00' .00' .00' 30.00' 20.00' 20.00' 30.00' Lu OPEN SP E OPEN SPACE S80°24'39• a _v W N r� 0 PARKING 12 zgREA N20'\ILITlf E\�T\� PARKING; AREA\ \ \ \ co \ \ \ \ \ ♦" Z N80°24'39"E-12.00' W (OPEN SPACE ° "N800 4' " _114.01, W— - - - 30.00' 20.00' 20.00' 30.00' 30.00' QY uj Lu `c Lt L LL LL 3 w OT g r.. N'It) ° o =i= ° o =�= o . o o gig' � � ° o �,? o WWlap J J^ , J I J ao g iA °o J� °� $ J IL N N !� Z N co O 30.00 I 20.00 I 20.00' 30.00' 30.00' 0° W I 00.OV S80024'39" 120.00' OPEN SPACE — - - - — S80°24'39"W 386:04' HACKBERRY DRIVE (50' R/W) -.r- I NOTE: MINIMUM FRONT SETBACK - 20' o�ALT1�)EJOI Lakeview Townhouses - Section V r P. DUANDATE: MARCH 30,1988 SCALE: 1"=40' e. B;OWNN0: 1285 Silbert w. cliffor & associates, inc. SHEET 2 ftsio m . Lmd PWumsOF Sanoyonto ND w.c ww afs" 4 ' (MASTER PLAN PHASE III) FUTURE 3 I \ I(See Sheet 4 of 4) DEVELOPMENT CAD X I I I Ces a ..� \ �- N86o3 e 2 \ I I 4--E _24241 • \ Lot 87 OPEN SPACE I OPEN SPACE �— __ I\ 83e10'30•E I$ Lot 86 W, co 2550 Sq. Ft Lot 70 15 \ $ Lot 85 1700 Sq, Ft II \ - Lot84 PARKING AREA 1760 Sq. Ft 'Lot183 1700 Sq. Ft N Lot 82 1700 Sq. Ft z00 R Lot 81 L tm 2a unr EspdT 1700 or Sq. Ft. f " c � .r oc N36e47'34•E 12.00' \ a 2531$go t 20. 20.Otr 2. \ S83710730•W \ N53e12'26•W - 8.68' S53'12'26•E-8.68' t (0 li ti ti 1 C0 I ^ r _3 °' ^ .� 0 _j o _i OPEN SPACE \--J�UTILITY ESM'T S80e24'39•W 120.00. \I S80°24'39eW 386.04' HACKBERRY DRIVE (50' R/W) NOTE: MINIMUM FRONT SETBACK - 20' XLTII 00, C� P, 'DUANE Brtm NO. 1285 ND Lakeview Townhouses - Section V DATE: MARCH 30, 1988 SCALE: 1 "=40' gilbert w. cliffor & associates, inc. Busioeen - laud Planners Surveyors uac 01" oe. —bb olks Fadukhmm& vest" Zm a (/07) mlllu W amb O..re atria MW."W. vfti k nal (m) "mm SHEET 3 O� c` - i N83010'30"E_ 79.10' I 3 0 Q IT Z6 0 0) OPEN SPACE Cii, M M I1 63 • • N40°40'30"E t 193 5 38' • �,� 90• Lo$ �J 2491 Sq. Ft ork Lot 92 ISO 1700 Sq. Ft 0 LU Lot 91 1700 Sq. Ft co I� D j �Lot 90 11pN t 1700 Sq. Ft Lot 89 N g42.41' L ° O 34 PEN SPACE (s" Sheet 2 of 4) PARKING AREA 1700 Sq. Ft \ I R Lot 88 II 1700 Sq. Ft \ $ Lot I \I. 87 9 \ 2550 Sq, Ft I 5LI OPEN SPACE 883010 '3 0•W I\\ I Lot 86 (See Sheet 3 of 4) NOTE: MINIMUM FRONT SETBACK = 20' Lail 0 P. DUANE - BROWN N0: 1285 -o "b CD 11V W AREA SUMMARY Area in Lots 1.4418 Acres Area in Parking 0.7439 Acres Area in Open Space 0,9368 Acres Total Area Subdivided 3.1225 Acres No. of Lots 31 Average Lot Size 21026 Sq. Ft. Lakeview Townhouses - Section V DATE: MARCH 30, 1988 SCALE: 1 "=40' Silbert w. cliffor 8c associates, mc. SHEET Engineers _ Land Manner. OF Surveyors 150-C Clio a. MA 4ba 20 s..e o.... s..w 4 14.MfetNew. Vleida XmK Qm sm"au wk b.". Vfti k Zmal f�) fe7,213, (MASTER PLAN PHASE III) G.W.CLIFFORD & ASSOCIATES, INC. 20 S.CAMERON ST. PO BOX 2104 WINCHESTER, VIRGINIA 22601 703-667-2139 TO: LETTER OF TRANSMITTAL PRESENT DATE JOB NO. April6, 1988 ATTENTION Mr. Dave Ho(Iiday RE: Lakeside Estates WE ARE SENDING YOU I - 1 ATTACHED ❑ UNDER SEPARATE VIA HAND CARRIED ❑ CHANGE ORDER ❑ SAMPLES ❑ SHOP DRAWINGS r7j PRINTS/COPIES ❑ PLANS ❑ COPY OF LETTER THE FOLLOWING ITEMS ❑ SPECIFICATIONS ❑ OTHER COPIES DATE DESCRIPTION 41 IM Tinaf Plat QL3,2023Acres 5 411 Yfiqaf Plat of 0.9590 Acres (Lakeside Commerciaa 5 4 1 88 Plat Showing 20' Utili Easement throwh Open Space V ❑ ARE TRANSMITTED ❑ APPROVED/SUBMITTED ❑ FOR APPROVAL ❑ APPROVED/AS NOTED X0 FOR YOUR USE ❑ RETURN/CORRECTIONS ® AS REQUESTED ❑ FOR REVIEW or COMMENT ❑ FOR BIDS DUE 19_____ REMARKS ❑ RESUBMITY_ FOR APPROVAL ❑ SUBMIT___ FOR DISTRIBUTION ❑ RETURNED_ CORRECTED PRINTS ❑ PRINT/RETURN ❑ RETURN/WITH SIGNATURES COPY TO: SIGNED Mr. P. Duane Broom, C.LS, REV. 2.0 G W. CLIFFORD & ASSOCIATES, INC. 20 South Cameron Street P.O. Box 2104 Winchester, Virginia 22601 703-667-2139 April 19, 1988 Mr. Steve Gyurisin Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Re: Lakeside Townhouses - Section V Dear Steve, Please find attached final site development plans and ten copies of the plats for the above referenced project for your review. If you have any questions or comments in your review, please do not hesitate to call. Sincerely yours, Charles E. Maddox, Jr., P.E. Vice President Enclosure CEM,jr/psp ac/ Mr. Bill Bushman - Virginia Department of Transportation Mr. Wendy Jones, P.E. - Frederick County Sanitation Authority FINAL PLAT Lakeview Townhouses Section V (MASTER PLAN PHASE III) SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA / so so 1'j _ A� VICINITY 2 - — -- - APPROVED BY FRED. CO. SANITATION AUTHORITY DATE PLANNING COMMISSION DATE SUBDIVISION ADMINISTRATOR DATE VA. DEFT. OF TRANSPORTATION DATE - OWNER'S CERTIFICATE The above and foregoing subdivision of the land of SHIHO, Inc., T/A Lakeside Development, as appears in the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. All property owners in Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association is the owner of all areas shown as Parking Areas and Open Space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and 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 Lakeside Estfies is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE hereby certify that the land contained in this subdivision is a portion of the land conveyed to SHIHO, INC., T/A Lakeside Development, by deed dated , 19 , said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book at page ���i!►LT1� p�„ y P. Duane Brown, C.L.S. O f P. DI ANE ��',• DATE: MARCH 30, 1988 COVER SHEET NO. 1285 - gilbert w. cliffor 8c associates, inc. SHEET 1 Engineers ry LoW PLnum yors OF L1 No 0" rn.. a....*k Deb. 20 2..4 cmeen Me" 4 RWWMq. Vftk" 22W1 ice) 20"M wh bm.. Vigld. 12601 CM) f0/-2120 .d;,. \ FUTURE DEVELOPMENT N860 03MWE 242.41' OPEN SPACE OPEN SPACE N80°24'39'E N80°24'39' 100.00' 12.OQ' N80024'39"E 100.00' — Wn rw �n M err " m M Arr 1 on rwi on rw I nry � 1A t0 E co p�— t0 JI I J10AtoN N I I I C� ^�Q co 0 J� JO. JO I —DLO � I �I r� N 0. Z _ F _ 30.00' 20.00' • o0 30.0a 20.00' 20.00' 30.00' NSl° 1 OPEN SPACE S80°24'39" a; CO) 0 W N t/1 co = PAREAG 3 TU ILITY ESM'T \ PARKING AREA \ N \\\ \ \ \ ~' c N80°24'39"E 12.00' Z W OPEN SPACE ° "16 ° 4' " 114.01' W— - - 30.00' 20.00' 20.00' 30.00' 30.00' Lu g W v 3 ti u u Li 3 u W co ''p Q ram. r �^ r I N bS •.+ I_ rr O i/i-I_ ".r � 8'rA `9 0. � LO N ti dui 0 0 'I- 0 0 =1= 0 00 L6 CO e�' lui 0 0 mil O Q w- Z co J tC1 J^ I J^ .J N co$° CO J N CO 00 a J J O Z r r' N fA Z N N 30.00' 20.00 1 20.00' 30.00' 30.00' °100.00 S80024'39" 120.00' OPEN SPACE m HACKBERRY DRIVE (50' R/W) NOTE: MINIMUM FRONT SETBACK - 20' oil, Lakeview Townhouses - Section V f P. DUANE ��'. DATE: MARCH 30, 1988 SCALE: 1 "=40' BROWN NO. 1285 gilbert w. cliffor 8c associates, inc. SHEET 2 anSin nn - Lmd Ran OF Surveyor s uac ww Ono." nu.. s° aaw a.... a.r 4 wr.wrp. Vksb" sus am waw Whmb .W. vrpr. auo� f ) at mar (MASTER PLAN PHASE III) 6 9 I FUTURE \ (See Sheet 4 of 4) 3 \ DEVELOPMENT o I I coo O/ oo) X ' jV N86°30'34-�242.\ Lot 87 OPEN SPACE � I OPEN SPACk °10'30"E S 85.00' a I9 Lot 86 2550 Sq. Ft $l .j 11 f- \ 1 11 Lost 70 19 Lot 85 `\ 9 1700 Sq. Ft Lot'84 PARK G AREA 1700 Sq. Ft - f x - o Lot 83 1700 Sq. Ft _ j ca •o- =- ° Loi82 °p° m v I W a X) 1700 S F = C° W co\ w q t �* v \ \ \ \ \ $ jr Lot 81 w z U\ TY ESMT \\ Z �' 1700 Sq. Ft.00C Z \ I, O 85.00',� a G \ o O O v N36047'34"E 12.00' \ CY 253 Lot 11 Sq 0 $ C W W N80024'39" 114.61. 20.W ,78.71' a 20:00 24.0 ' \ S83°10'30"W 53012'26'W-..8.68, S53012'26"E-8.68' us 3 (0 ii ti coLn C M O O O'p O p u) O Alin T< 'j z ' - T -j ^o CO --J CO�\ I OPEN SPACE N \ 20' UTILITY ESMT 20.00 20.00 30.00' S80024'39"W 120.00' S80024'39'W 386.04' - -- HACKBERRY DRIVE (50' R/W) 1 • NOTE: MINIMUM FRONT SETBACK = 20' o���ALTN C�. y P. DUANE 00c, ROWN NO. 1285 LAIIND Lakeview Townhouses - Section V DATE: MARCH 30, 1988 SCALE: 1 "=40' gilbert w. cliffor 8c associates, inc. SHEET' Engineers . Lena Planners OF Surveyor W-C Olds or..eeub Dabs R.idaWeq. Ve3b.1e =401 CM) 60"M 20 s-m C—mm se.. 4 Wled-W. Veeide 22601 (m3) 647-213e 242.411 �4'E PEN SPACE (See Sheet 2 of 4) N83°10'30"E 79.10' OPEN SPACE -wyv-4p•30•E 15 9 38' Lot 2491 Sq. Ft i oea Lot 92 �� \ - 1700 Sq. Ft to Lot 91 I \ t \ I 1700 Sq. Ft T „ I Lot 90 co I,,\\�' !N`\\ 1700 Sq. Ft u co - Lot 89 PARKIN AREA Z 1700 Sq. Ft �\ „- — I R Lot 88 I 1700 Sq. Ft \ u I Lot 87 q.2550 Sq. Ft x'' I OPEN SPACE S83.10'30•W FI\\ I Lot 86 (See Sheet 3 of 4) NOTE: MINIMUM FRONT SETBACK = 20' AREA SUMMARY C) W N 0 Z a in 8 W Y m m W V a N Z W IL 0 d Area in Lots 1.4418 Acres Area in Parking 0.7439 Acres Area in Open Space o.s368 Acres Total Area Subdivided 3.1225 Acres No. of Lots 31 Average Lot Size 21026 Sq. Ft. v*Sh16TH oLakeview Townhouses - Section V ion- ,h► f/P..DUANNE DATE: MARCH 30, 1988 SCALE: 1 "=40' BROWN NO.- 1285 gilbert w. cliffor 8c associates, inc. SHEET Engineers . Land Plenum OF Surveyors D uac ON. Go—i r a+.. " Iw.b a...e e".. 4 ft"now b s, Yesk" nm CA) m-mu NL.Yw. Vfyi k ="I CM) M/dpe (MASTER PLAN PHASE III) FINAL PLAT Lakeview Townhouses Section V �_ (MASTER PLAN PHASE III) SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA i ! . 1 VICINITY MA�' • ` APPROVED BY FRED. CO. SANITATION AUTHORITY DATE o 2" A° PLANNING COMMISSION__ __ DATE SUBDIVISION ADMINISTRATOR DATE VA. DEPT. OF TRANSPORTATION DATE 7-20 -gam OWNER'S CERTIFICATE The above and foregoing subdivision of the land of SHIHO, Inc., T/A Lakeside Development, as appears in the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if- any. All property owners in Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association is the owner of all areas shown as Parking Areas and Open Space on the attached plat and is responsible for the maintenance of those areas_. All property owners must pay an annual assessment to pay for this maintenance.AW i This fee and 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 Lakeside Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE .I hereby certify that the land contained in this subdivision is a portion of the land conveyed to SHIHO, INC., T/A Lakeside Development, by deed dated , 19 , said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book at page Off.` P. Duane Brown, C.L.S. I o��gj►�i P. DUANE ��' DATE: MARCH 30, 1988 COVER SHEET v�.a0«�.,...:�_s N0. I.I285 gilbert w. cliffor & associates, inc. SHEET 0 J11V� Bu-'mars - Lend Planner. OF �FQ surveyors �N L4ND W" ors asss.w Oda 20 On& O.. ,e.. 4 ItWtab,Yq, WryW 32M (M) 19"111 WbdmM, Vh*kk 22601 003) e07•0170 .d;,,- FUTURE DEVELOPMENT 30'34 E 242.41 ° "' OPEN .SPACE - - ' ,R FN80024'3WE EN SPACE N80°24-39-E 100.00' 12.0Q' N80024'39'E 100.00' 3I M ( LL Ito JO I .OJO I O� cm� N ti I co LLL I m LL I LL¢ N r7 Z O _ 30.00' 20.00' _ 30.W S Uj OPEN SP E 80° 1 . OPEN SPACE S80 _j f!1 W N D PARKWG X O20' UTILITY ESMT \1aARKING AREA 3 AREA 3 F N80024'39"E-,-12.00' _z F'� L �u OPEN SPACE NE 0-24= im 01 W— - - 30.W20.00' 20.00' 30.W aY J W V X X X LL co 4 v- N h d n N nib c� I_ chi ;� ui O =1- 0 0 =1' 0 'O '' 00 O Z OHO Ju) JO ) JO JtA a Z N r' N O 0 M 30.W 20.00' 20.W 30.W 80° Val v 0 _ w \ \ coVD co OPEN SPACE - — S80°2439W 886.04' - - - HACKBERRY DRIVE (50' R/W) NOTE: MINIMUM FRONT SETBACK - 20' SNLTlf Lakeview Townhouses - Section V P.. DUAjE`p0j DATE: MARCH 30,1988 SCALE: 1"=40' 0 BROWN N0: 128gilbert w. cliffor & associates, inc. SHEET 2 &gioeers - Land Planners OF surveyors LA NDLl" ow Qmmr urine m 2-6 f]""o" str s 4 14ri"Ytrbq. Vkgh" ZM pee) 80"135 Wb b. r". of b& 2MI CM) f -UN (MASTER PLAN PHASE III) p m FUTURE I \!(See Sheet 4 of 4) DEVELOPMENT 3 \ I M oo)co�\ ' N86030"34-E Z \ I —� 242.41' I Lot 87 l� OPEN X - - SPACE I OPEN SPACE I __ I 83°I—'30"E 8 85.00' a I` Lot 86 \ 2550 Sq. Ft $( Lot 70 \ I $ Lot 85 Sq 1700. Ft $ R Lot'84 PARKING AREA 1700 Sq. Ft - � I 1 o Lot 83 1700 Sq. Ft j ° \ 3 1' Lot 82 CR m W M 1700 Sq. Ft = C _ w 0).. . \ °) U OC CD$ Lot 81 w Z v\ \20 u\ TY ESMT \\ Z 1700 Sq. Ft. R Z g 85.00 � a C o O p N36047'34"E 12.00. a 2531 Sq. q. $ x 3 Ft. 2 W Y N 0°24'3 ' 20.00 20.00 24.0 \ 78.71' S83 10 30"W 53°,12'26'W g.68' S53°12'26"E�-8.68' ! z z �I ;- •+ � .. CQFIa.i. 1/�cl= 4. WOO .. CO ` IN _5 c '� ^ '-( 0 -j ^ o -j � CO co OPEN SPACE Z N o\I 20' UTILITY ESMT WA + 20.00 S80924'39'W 120.00' \ I S8002T39-W 386.04' - -- , HACKBERRY DRIVE (50' R/W) L NOTE: MINIMUM FRONT SETBACK = 20' ALTN O�y� P. DUANE bROWN NG r1285 n� �4 �F�- � ND � J�J Lakeview Townhouses - Section V DATE: MARCH 30, 1988 1 SCALE: 1 "=40' gilbert w. cliffor & associates, inc. Engineer. - Land Planmrs Surveyors 150-C OW Ono.bh Dd"" R"ddok"Yq, Vista 32601 (m) Uad113 20 soW C-0 se"m Wb"b" , Vhsida 22601 (703) 667.213P e'9 I SHEET OF 4 i J N83°10'30•E-79.1 o' 3 - 0 1 v 0) OPEN SPACE co ' 7` -6 - 90 ` N40e40'30•E 15.38' Lot 93 �6 2491 Sq. Ft J o 9�' �� -�_ $ Lo 92 �oOtk 1700 Sq. Ft I\ w \ I or Lot 91 v 1700 Sq. Ft & \ Lot 90 \ ' 1700 Sq. Ft � Lot 89 242.41' N *i j 02—OPEN SPACE (Sae Sheet 2 of 4) PARKINO, AREA 1700 Sq. Ft 1 $ Lot 88 1700 Sq. Ft I - \ u I \ I $ Lot 87 � 2550 Sq. Ft I\ \ 85i0Q' I OPEN SPACE S83010'30•W I\\ I Lot 86 (Sae Sheet 3 of 4) NOTE: MINIMUM FRONT SETBACK = 20' MON P. DUANE �. BROWN N0: 1285 O EA. NO �o V W fA GC O z a pc O W Y a in m W V a fA z W IL O W AREA SUMMARY - Area in Lots 1.4418 Acres Area in Parking 0.7439 Acres Area in Open Space 0.9368 Acres Total Area Subdivided 3.1225 Acres No. of Lots 31 Average Lot Size 21026 Sq. Ft. Lakeview Townhouses - Section V DATE: MARCH 30, 1988 SCALE: 1 "=40' gilbert w. cliffor & associates, inc. Engineers - Land Planners Surveyors UPC OW fk...le. Delve vtar. 22M M sse-ssU 70 30.6 0...e ev.d Wb*An., vYDIW 2201 CM) "Y-2170 SHEET OF 4 Me (MASTER PLAN PHASE III) FINAL PLAT Lakeview Townhouses Section V (MASTER PLAN PHASE M) SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA ' Y 0' 1 Qi J, r' , ace VICINITY APPROVED BY FRED. CO. SANITATION AUTHORITY DATE PLANNING COMMISSION DATE SUBDIVISION ADMINISTRATOR DATE VA. DEPT.OF TRANSPORTATION DATE OWNER'S CERTIFICATE The above and foregoing subdivision of the land of SHIHO, Inc., T/A Lakeside Development, as appears in -'the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. All property owners in Lakeview Townhouses are required to belong to the Lakeside Holpe Owners Association. The Association is the owner of all areas shown as Parking Areas and Open Space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and 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 Lakeside Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to SHIHO, INC., T/A Lakeside Development, by deed dated , 19 ,' said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book at page o��$I►L?�lO�.` P. Duane Brown, C.L.S. DUANE ��' DATE: MARCH 30, 1988 COVER SHEET BROWN DKIII NO. 1285 _ Silbert w. cliffor 8c associates, inc. SHEET 0 JX Engineers - Land Planners OF - Fp LAND °'uo-c Owe are—M nd a surveyor 30 1aa6 omom a sear 4 �r •Mn Weida XWK pos) wears Wbd"W. veywa 22601 pan) ssraraa S,4� --�(D StV FUTURE DEVELOPMENT N — N86°30'34" E 242.41' ' OPEN SPACE OPEN SPACE N80°24'39'E N80°24190E 100.00' 12.00' N80024'39'E 100.00' W I' �I. MLL I emu' I IALL I �pLL (W''p- tiLL I �� I �LL I �LgL 8 W /l Ui mp0 OOOTO IIIO J0pp0 JoJJ L00 Z�icn IO JJOJJ Le) Ncp Z O F _ WOPEN SP E I co N Z _ PARKING AREA _ UTLITY ESMT \PARKING AREA\Z X \ \ \ \ \ \ c Z N80024'39'E —12.00' W > — -- W Y g K W W co V Q N O ' a O )PEN SPACE I NOTE: MINIMUM FRONT SETBACK = 20' �V P,. DUANE BROW N0; 1285 LAND So - W KTtXrIt, LL I N LL I M LL I LL W LL W 060 N ti J 0 =1' J 0=1= I O O:.: J O I 00 J to Sio m'Ii polo � co Ui� ++ J to polo O J N I T I �— I N I$ ZI N Ica OPEN SPACE 386.04' HACKBERRY DRIVE (50' R/W) Lakeview Townhouses Section V - DATE: MARCH 30, 1988 1 SCALE: 1 "=40' gilbert w. cliffor & associates, inc. Busim•r• - t..na Pl m.r. Surveyors Rrd imomm Vk&k n401 (JM) sm"ll1 MYoh.rtmr. VbWok 32401 MI 60-21M (MASTER PLAN -PHASE III) SHEET OF 4 f m Im a FUTURE I \ (See Sheet 4 of 4) DEVELOPMENT 3 \ I " I �o N86°30'34"E F� \ I ' .. _242,41' I Lot 87 OPEN \ - - — SPACE I OPEN SPACFN 85.00' Lot 86 - w, 2550 Sq. Ft rr -1 —' - Lot 70 $ Lot 85 1 �J'� 1700 Sq. Ft \ Lot 84 PARKING AREA 1700 Sq. Ft I „- o Lot 83 1700 Sq. Ft Lot 82 a 1700 Sq. Ft \ rn o Lot 81,-- 20 UTIUTY ESMT Z 1700 Sq. Ft. �,ZO. - 85.00' N Lot 80 N36°47'34'E 12.00, \ 2531 Sq. Ft. I 20.0& sae ___78.71 �V53°12'26"W-..8.68' I 053012'26"E-8.68' I QLL it Ib �W .N d CO aIto =1_ w (0 . f4 _SINo �o o o^_Io ao J \I Ip 0OPEN SPACE z N 20' UTILITY ESMT 20.00 20.00 0.00' S80°24'39"W 120.00' S80°24'39"W 386.04' _ - -- HACKBERRY DRIVE (50' R/W) NOTE: MIMMUM FRONT SETBACK = 20' 00 � Ln W W co V � a O M Q W � G O 0 W W Y J Fs (�NO. TNO� Lakeview Townhouses -Section V UANE ��',. DATE: MARCH 30,1988 SCALE: 1 "=40' BROWN 1285 gilbert w. cliffor 8c associates, inc. SHEET °�Engineers - Land Planners3 JSurveyors OF N D S U0-c Old. Or"—kh nd- 20 9-6 C— S°.r 4 _ itdark"bars. Yhsida 33601 I703) M-2111 WWo hu . Virsioi. 23601 (703) 667-313a (MASTER PLAN PHASE III) 2 ' 0 I , N83010'30"E_ 79,10' I OPEN SPACE M a M �N83_1Q'31 -E 73.66, N40e40'30'E 15.38' Lot 93 $ 2491 Sq. Ft Lot 92 1700 Sq. Ft (n I- lr — Lot 91 I 1700 Sq. Ft T „ �r =) Lot 90 co I N \\ ' 1700 Sq. Ft fo Lot 89 N86 2.41' l "E PEN SPACE (See Sit 2'Of 4) PARKIN AREAg 1700 Sq. Ft � ;- — \ I R Lot 88 1700 Sq. Ft rr I�I Lot 87 �\ 2550 Sq. Ft 85,,OQ' I\\ I OPEN SPACE S83e10'309 I\\ I Lot 86 (See Sheet 3 of 4) NOTE: MINIMUM FRONT SETBACK = 20' o�SNLa43 0.4..P P. DUANE N0: 1285 LAND �J V W co cc Z a G 8 W Y m W V a Z W IL O d AREA SUMMARY Area in Lots 1.4418 Acres Area in Parking 0.7439 Acres Area in Open Space 0.9368 Acres Total Area Subdivided 3.1225 Acres No. of Lots 31 Average Lot Size 21026 Sq. Ft. Lakeview Townhouses - Section V DATE: MARCH 30, 1988 SCALE: 1 "=40' gilbert w. cliffor & associates, inc. EnSioeers • Land Planners Surveyors UO-C OW. Onwle\ C.N. RWalskA & Yee1W 22M1 (747) IM2115 WW.an. VYe1W 22601 (702) 6614129 SHEET OF 4 m. (MASTER PLAN PHA5E III) 4"N - \988 w. ` t OF \�.iDL m. LAKESIDE--LAKEVIEW TOWNHOUSES SECTION 5 �.eradw�e��sr� H 0 4 1 PG02 4 7 FINAL PLAT OF RE-SUBDMSION LzkeVD*ew 9Powmhumow &ndeim VE Shownee Magisterial District Frederick County, Virqinia 0 f 1p Y 10. 11" Vicini P �y ma, OW APP90YE Frederick County Sanitation Authority l05�� Dote 30-41L Planning Commission Date IC - FS Subdivision Administrator Dote 27 —kl.-4 / Va. Dept. of lronsportation Date 9 - OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Lakeview Partnership et als, a: appears i . n the occorrip-pinying plots, is with the free consent and in accordance with tP"—des ,en fsiqne owners, proprietors. and trustees, if any to ...... NOTARY PUBLIC a Notary Public in and'for the State of Virginia, at large, do certify that(,- --,LL1L1L-.LA1jtL--C whose names are signed to the otreoing Owner's Certificate, have acknowledged the sarre before me in my state. Given under my hand this— day of -J-,, IJ � 1995. rat\My commission expires �7 V �7 SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision Is a portion of the land conveyed to Lakeview Partnership by deed dated March 14, 1989 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 707 a; .-cge 671. The original Deed of Dedication and Final Plot of Subdivision is recorded in the said Clerk's Office in Deed Book 73J at page 633. Lots 153 through 164 were subsequently conveyed to William E. and Norma F. Daniels and Alvin E. and Anna V. Vetter by deed dated November 13, 1991 as recorded in the said Clerk's Office in Deed Book 768 at page 566. Lots 165-170 are to remain unchanged with the current owners H op of record reflected on sheet 6 herein. P. DUANE P. Duane Brown, L.S. C) BROWN DATE: MAY 12, 1995 COVER SHEET----FnLE#: -4164:PL7-I.DWG* Na. 1205 g0bert w. clifford & assocfotes, Inc. SHEET ENGINEERS - LAND PLANNERS - SURVEYORS I 09- 150-C 01de 0�.Ih DO- 200 Nart, Cannean Str-t OF '14'0 SURXi le - Virginia 22401 W4nchwter, Virginia 226M --i;S 2115 -2139 �03) (703) 667 6 PK04 1 PG0248 I CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA CI 1038.00 277.12 139.39' 276,30' N 61'05 49" W 15*17'48" C2 352.00 42 49 21.27 42 47' N 65'17 13 W u6'S5 W- C3 40.00' 59 88' 37.15' 54 44' N 18'56'30" W _55'46' 6" C4 505.00' 9.28' 4.64' 9.28' N 23'25'10 E OVOY09" C5 585.00 741 80 400.14' 693.09' N 59'1310 E 72'3912 Area Summary Area in Lots 2.5062 Acres Open Space 2.2039 Acres Parking 0.9526 Acres TOTAL AREA SUBDIVIDED 5.6627 Acres Number of 2—BR Lots 7 (Lots 142, 145, 148, EX. 166-169) Number of 3—BR Lots 44 TOTAL NUMBER OF L 0 TS 51 Existing Zoning: RP Existing Use: Vacant All property owners in Lokeview townhouses are required to belong to the Lakeside Home Owners Association. The Association is the owner of all Open Space and Parking Areas and is responsible for the maintenance of those areas. All property owners must pay an annual assessment for this maintenance. This fee and all other rules of the Association are set forth in the Restrictions and Covenants attached hereto. i;TH OP jL �pIl(��Y ®WIIi1�Il®ilIl r �2 �} 2' lyHIM �i 1Ui P. DUANE n BROWN 9 tYty,.� DATE: MAY 12. 1995 CURVE TABLE FILE#: "4164:PL7-I.DWG" NO. 1285 glibert w. dlfford k associates, Inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET 1� SURVE�dL I50-C 01& Or=.kh Orhv 200 North Cameron Str"t OF ire&rio bry, vvvmb 22401 7A1dw0w, vlrg*00 220M 6 (70.3) 60e-2115 (703) 647-2130 EK04 1 PG0249 Xt511t1G CHINKAPIN DRIVE (60 R/W) VA. IRi, 1197 I� t -Ii10.00' SHENANOOAN �� Y �JtiI N BS•JYSa• E GAS u CO 4 OPfN `/mil- �-. •..: 8 OR AJN r' .` J SS � r• N _— -- Vt iiJJ 20' SE T AC O E W A L E u T j0el' 20.00�'20.0020.Od2a25..OD 20CIFT_ n� B.1''..1'S9• 'M 1T0.0O' y�/� PARKING(0A � �j �CjryV V rr � � AREA //. k WATER EASEMENT wER - i9 N BS32'39• E IIL4 - T 20.00' 2,5- , , 29.�5' 20.00' 20.00 M . T Z// h yt A K--S 20' SET AC e. w �65.00'55' •�\ 'T ,�.t S EEL I SHENANDOAN 01 Vti t� QRti ' A�� �\�✓1� iq NOTES: MINIMUM FRONT SETBACK 20' FRW i'ARKING AREA ' MMMW BLDG. SEPARATION : 30. SIDE `pr74,G SO' FRONT k REAR F'�'•,a� C�, PERIMETER BOVNVAP` '--BACK 30' SIDE CY 50 REM SEE SHEET 2 OF 6 FOh CURVE TABLE 0 23 sa too P. DUANEBROr 0,4A "— a ` DATE: MAY 12, 1995 SCALE. 1"=50' fILEN: "4164:PL7-3.DWG" NO. 1285 pllbert w. Clifford do associates, Inc. SHEET ENGINEERS - LAND PLANNERS - SURVEYORS �0q- 150-C OWO Orew kh Oriel 200 North Comm Street OF ` SURVE Fr/dwicksburg. VVyhlo 2240t FAtchMtor, Vi 10 22601 (703) BMS-2115 (703) "7-2130 6 I> rt%i � rok EK34 1 PG0250 NOTES: LM&UtRJ FRONT XTBAIk - 'GrPOU PAINWG AREA r , / UWWUW SUN, XPMATWN - V' S;a Xa' -BONY i RCM ,T P \A',•�, PERUCTfR X BdJHOARr 18Abt 50 REAP \ E RCM 1 \ xE 4tSET 2 OF E 6 FOR CUR vE tAFiC 2O' SCE SHEET ]Ora / S TA E � SW'� CAS CO ESL'T f •/ .OPEN, i \V/ ��� 10' SHEN GAS CO U' _ OPCN LL1Lot 181, scAq r 2500 SO" FL 0 a.2. AC. oLot QI�'' sIW{. q1"' !-!" "/"" :" •';.,•% �g" `? LL f° t0M t. t _ \ "f Lot•179 rQ'E`tl s 4050'Op�E es.ar ,o a 2000 13 8 i — I'I , Lot . F sa FL R I rg t $ Y uto Sq. FL II h < I p" Lot N Oli *tAt % O b �pp 200�o Sq. Ft. m NYf I W .I Jm Lots 14'2 I d ♦ W Lot 177 0 itW 1700 Sq. FL I wry' I z ry t 143I r 1 ff o 50. FL j U R Lot 176 `'I l/ l a �' Lu V)i x ,/, `• � - 25W Sp. FL g ' I N 4451 091 W 6500' / I 1 OPEN SPACE t,o . ✓1 I o N 4630'09• w 10o.ar - 3. S 46 "wor E 6S.ar `isV yam'{ cn OPEN SPACE $ ` N tt�, _ 5 4670b0• E 100,03, "N' / Y Lot 17` ----� f r 2210 S7. FL t. O ' lot 173 1. r 3 n� N 463o'op_ w i X. 4 li - W ,1 280t Sp, FL W yW _ 17 1 ✓. Id Lot66 ff5�1 '3 00 < a Y1 Sq. L Lot 174 IW 8 I .'. s I n•' s n LA1 I tom sa. FL d I a w n Y Y a •� _ Lot 148 5 11 `` \�\ \ 1 -tom I I 2 t�• d z < W W z z �} Lot 173 < r�i ; o _ 2210 4 FL I t� Q z N 4680'09• w ft j o, ai J N •r, 100,05, tiY� n OPEN SPACE ,-t �, N X �i 0 \ 21 of 17 W n I I SIDEWAEK ESW'T 1c j� < UJ W ppST.. Lot 171 147 10' 1 170 2435 Sq PARKING 1 �` 46'SOOD' w o4.6S, I AREA IQ 15' OPEM SPACE SEE SHEET 5 OF 6 1.3617 AC. TH OF y IL c��nc�� �I°®�nIh® c�� a Seed'e® VE r.Q 0 25 50 100 P. DUANE VyO�aROWN a DATE: MAY 12, 1995 SCALE: 1"-50' FILE#: "4164:PL7-4DWG" NO. 1285 gllbert w. clifford do aaaoclatea, Inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS tHp !0q- 150-C Old@ Orwt I h diva• 200 North Camarorl Stroot OF SURVE Fndw$&.bw% %VgWo 22401 Wind» w, VlryFtb 22601 (703) 89E-2115 (703) 667-2130 6 .11(.)I UK84 1 PG0251 SEE SUIEET 6 OF 6 PARKIJ �. AREA \ -J� �}pP 170 E10SI- 159 �i,a I JJ 1 U7 r r� O.e,421 00CA \, \ I 171 l ; N 1\�� �'\ � OPEN �- SPACE541 \ w 1- ^l, 1 2��t 1, ,.,\h'� •n�I' I 1.3617 AC. 1 I 1 J vWi I VOIL .- 30' SEWER ! WATER EASEMETIT P/iREA� c f 'g'. , r, 43VQ*3i= E172`00• 10 i/, Lot � Ev �: � $ � .. ' -- zaar ze.• ��,S. ZT50 ��( .•' /J1.I ;20' S E T B A C K len e � g ~T W gS g r 0' MI ORAAGE CAS Co E�91 i v , s A3DY' r 1� , , 4.. z B4• , . 10• ESM'T I t7,cA� ( 23' SEWER ! 3,26• �(per 041.W' 4 4, r i 3'L�.l EXISTING LAKEVIEW TOWNHOUSES SECTION IVI)PAIt1A�wu NOTES: MINIMUM FRONT SETBACK - 20 FROM PARKING AREA EX. ZONING: RP MINIMUM BIRO- SEPARATION - 30' SIDE EX. USE: TO 60' FRONT ! REAR PERIMETER BOUNDARY SETBACK . 30' SIDE 60• REAR SEE SHEET 2 OF 6 FOR CURVE TABLE � TH OF D L&&(Bvnhbw ll via ®W h((DU. � �' 0WHOM V U 0 26 so too P. DUANE V70 n BROWN :0- DATE: MAY 12. 1995 SCALE: 1"a50' FILE#: "4164:PL7-5.DWG" ND. 1285 gHbert w. cilfford & avaoclates. Inc. �, O� ENGINEERS - LAND PLANNERS - SURVEYORS SH5ET 1p SUR�c ( 150-C Olds Clow kh OrM 200 No t9. Conr� an Str OF F VVoft 22401 WAdwdr• VW*la 22M 6 (703) BOB-2115 (703) "1-2139 n Sti OK84IPG0252 NOTES: WMUUU FRONT S(TBACX - :0IPCY PARKING ARIA 1aNIUU+ BLDG SEPARATION j0' SIDE - !q' (FONT ! REM r I%• PMWITEP SOUNOAR7 SETBACK . 30 SM ',"� - 50REAR j �' SEE SNILT 2 Of a O P E N 111 FOR Qr'�t TABLE / ; r A C E �/; 0. DRAINAGE .r / / S1'(N �� ^ .' •' i GAS CO rho � _ s sem'x• _E _ (�o.00' F i'Z I EX IONI�G. RP Ex. ,� �-� G Er E Q' I Fst: TC+A'NNOUS S �` A CK 171 0. Ls om I 1 WEE j piI sm =w8 �3aO�fs Oal 2 +� $ � \ OPEN e - n , b i , ; ' .4 SPAS` , Exist. Exist[ Exls Exist.; Exist.! 165_ i6A_, 169_L Exist gl 1 j a� .L6C 1167� N 5"1'56* w 140.00' Q - 30' SFAfR k WATER EASEMENT' - PARKING -AREA 77�� x �; • � SaZ1 SE' E', ' 13�.D0' -7T� = 27.50' 20.00' 20.00 20.0�0 20.00' 27.eo' OPEN 8 S' IDE AL ESM' T 'O _ SPACE 20' S E 8 A C x O.a122 At- $ rn W u4 N� -1 W n n $ILI aiIt d p� • �'' ' aQQ'(• QQQN _qQ A,rN & 15a DRAINAGE �! %\, N ��• JXX , ,�F JR �.i o EASEMENT10*9 FFii �Fii 7G n $ o a = 'a' TBA 21.27 N e'lDe'2a' w /i �'•, b ; x' `{" \ H��vy`�^ ;�*x- 10.00' / 27,50'- 20. 20. 20.nt1'. in i.• r'�.♦ L.:.:-,� . AN GAS co EASEMENTHACKBERRY DRIVE EXISTING VA. RT. q70 ��,yTH OF �, r �7 rev NAkevIleW !t ®WIII hGUW0 `� �°�D®IIIl VU •v P. DUANE �, 0 zs so 100 vypN a GATE: MAY 12, 1995 SCALE: 1"=50' (ILEX: "4164:PL7-6.DWG" NO. 1285 pilbert w. Clifford do associates, Inc. r "I� ENGINEERS - LAND PLANNERS - SURVEYORS SHEET 6 S'_fR\/0 t80-C OWe Cromwk 1 OrNe 200 North Comem Str»t OF Frndwkk*u , Vtr*I* 2240 tlYldwwter, V"MIG 22W 6 (7" 8ea-2113 (70.7) 667-2139 G.W.CLIFFORD & ASSOCIATES, INC. LETTER OF TRANSMITTAL 20 S.CAMERON ST. PO BOX 2104 WINCHESTER, VIRGINIA 22601 PRESENT DATE JOB NO. 703-667-2139 March 22, 1989 TO: Frederick County Planning Commission ATTENTION Chris Tierney Courtf RE: I_ gkpvipw TnwnhnusPc_ RPctinn U WE ARE SENDING YOU n ATTACHED UNDER SEPARATE HAND DELIVERED ❑ CHANGE ORDER ❑ SAMPLES ❑ SHOP DRAWINGS Fx-1 PRINTS ❑ PLANS ❑ COPY OF LETTER COPIES I DATE I DESCRIPTION 5 9/28/88 lFinal Plats (Revised March 21, 19E VIA THE FOLLOWING ITEMS ❑ SPECIFICATIONS ❑ OTHER x❑ ARE TRANSMITTED ❑ APPROVED/SUBMITTED ❑ RESUBMIT___ FOR APPROVAL X❑ FOR APPROVAL ❑ APPROVED/AS NOTED ❑ SUBMIT___ FOR DISTRIBUTION E FOR YOUR USE ❑ RETURN/CORRECTIONS ❑ RETURNED_ CORRECTED PRINTS ❑ AS REQUESTED ❑ LOAN PRINT/RETURN ❑ FOR REVIEW or COMMENT x❑ RETURN/WITH SIGNATURES ❑ FOR BIDS DUE REMARKS The attached plats have been revised to include additional open space (see sheet 7 of 7) and to reflect the name of the new owners. In addition, we have made slight modification to some of the drainage easements. Please forward the plats to the appropriate government agencies for approval. Thank you for your cooporation. COPY TO: NE'D P. Duane Brown. C.L.S. ,4- / 2-___\ REV. 2.0 FINAL PLAT Ukeview Town ousel -r Sec ilDn Vil SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA :� :� o ,• '�,, �+(r PROJECT `��'�. ,b>ac,r ' �••` OC N AP"a2 © APPROVED BY FRED. CO. SANITATION AUTHORITY DATE PLANNING COMMISSION DATE SUBDIVISION ADMINISTRATOR DATE VA. DEPT. OF TRANSPORTATION DATE OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Lakeview Partnership, as appears in the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. All property owners in Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association is the owner of all areas shown as Parking Area and Open Space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and 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 Lakeside Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE I hereby certify that the Ian_ d contained in this subdivision is a portion of the land conveyed to Lakeview Partnership, by deed dated March 14, 1989, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 707 at page 671 , P. Duane Brown, C.L.S. P, DUANE �'r DATE: SEPTEMBER 28, 1988 COVER SHEET v BROWNY SHEET NO. 1285 04 gilbert w. cliffor & associates, inc. 1 Engineers - Land Planners OF Surveyors L4 N p SJ 1.10 C 01d• O--h Dri- 20 S•u1b ('.a —. SM." 7 Prdarickabur•— Viraloia 22401 (703) 693-2115 WiOub—, Vtrai.k 22601 CM) 667.21" Revised March 21,1989. CURVE TABLE NO � RADIUS ARC TAN. CHORD CH. BEARING 1 35037'51 " 585.00' 363.80' 1 88.00' 357.96' N40042'29"E 2 1501 7'48" 1038.00' 277.1 2' 139.39' 276.30' N61 °05'49"W 3 06055'00" 352.00' 42.49' 21.27' 42.47' N65017'13"W 4 1 85046'26" 40.00' 59.88' 37.15' 54.44' N18056'30"W 5 01003109/1 505.00' 1 9.28' 4.64' 9.28' N23025'10"E 6 37001'21 " 585.00' 378.01' 1195.87'1 3 71.46' N77002'05"E AREA SUMMARY Area in Lots Area in Parking Area in Open Space Total Area Subdivided No. of Lots Average Lot Size ; GaKLTli (7)N,, 0 P. DUANE BROWN N0, 1285 % to No 0-p Acres 0.9412 Acres 2.2191Acres 5.6637 Acres 53 2,058 Sq. Ft. Laktyitw Townho sts - Stcd©n V DATE: SEPTEMBER 28, 1988 1 CURVE TABLE gilbert w. cliffor & associates, inc. Engineers - Land Planners Surveyors 150-C 01de Ore—icb Mi- Prderid.bCrg, Virginia V..401 (703) a99 2115 20 Scadi cm— sae. Winches., Virginia 22601 (103) 6612139 SHEET 2 OF 7 Revised March 21,1989. OPEN SPACE "NN" (SEE SHEET 7 OF 7) N85032'59"E- 192.00' 30.00' 20A0' 30.0 / —20' DR INAGE E ASEME ti qi '30.00' _ N _ o CO I ( olo oho 1 r Cr 1 Cr li CIO I- r CD-- �— 9 lnll� nl _ .I: w �_1. ye" cn_1c �_ C� $I _ NlOD O O C O-I O O N N 0� J O J O 0 Lo Z - � JN —5� JN 'JN r JN OPEN - SPACE _ 0.00' 20.00' 30.00' 30.00' 20.00' 20.00' 30.00' r4?\` S85°32'59"W S850 00 "W 80.00' L LO � -PARKING AREA U • I T ` L-20' UTILITY E#EMENT N 100.00, <r j N85032'59"E -OPEN PRCE 30.00' 20.00' 20.00' 30.00' 20' DRAIN GE EAS MENT _ W p� ap LL tit= :L - Dlp co Ie� I_T- �_ M 010- _ v 0r O�OD 00 00 00 CO - 3 Z�JN Jr J� JLo N cn_ �0 m , of W W / `116.35' 20.00' 20.00' 30.00' - �Za?'� S85032'59"iW 86.35' 5a� \ PEN SPACE' I - `r` �, 20' DRAINAGE `��a =) EASEMENT `SRO S2 \ I _ •.-I '�8, `Q`�C� 0 F 20' DRAINAGE & S0 UTILITY EASEMENT FC rG 0' 30.00' 20.00' 20.00' 8 NT Cf a r 3 'w ,i n LL, u. - NOTE: MINIMUM FRONT SETBACK = 20' P. DUANE c� DATE: SEPTEMBER 28, 1988 SCALE:1 "=40' VROW� Y SHEET NO. 1285 gilbert W. cliffor �Yc associates, inc. 3C iA Q Hngineers - Land Planners OF surveyors 7 2q South Omen. ser LA,1J�`v 150C Olde OTemwich (hive Wimhenm, Virginia 2-01 170316677 9 AND firederickae"re, Virginia 72A01 (/03) a98-2115 Revised March 21,1989. NOTE: MINIMUM FRONT SETBACK = 20' P. DUANE c� DATE: SEPTEMBER 28, 1988 SCALE:1 "=40' VROW� Y SHEET NO. 1285 gilbert W. cliffor �Yc associates, inc. 3C iA Q Hngineers - Land Planners OF surveyors 7 2q South Omen. ser LA,1J�`v 150C Olde OTemwich (hive Wimhenm, Virginia 2-01 170316677 9 AND firederickae"re, Virginia 72A01 (/03) a98-2115 Revised March 21,1989. (See'/ 1) OPEN SPACE, Sheet 3 of 7) , : //� S46°50'09E ' Ci 85.00' W o Lot 1gq82 0, h I`�' RAINAGE ESASEIVIENT MI �j N Lot 181 0 1700 Sq. Ft. N 3 Lot 180 pC z � 1700 Sq. Ft. d W06, Lot 179 < w / 1700 Sq. Ft. co *- —'— w �w g Lot 178 $ Oa N � N 1700 .1 0) Ft. �.— o ' Lot 177 of M 2550 Sq. Ft. M �w See Sheet 3 of 7) OPf N SPACE �.:. '• � � OPEN SPACE 0 / S46050'09"E 73.23' 85.0-0' / q Lot 141 M 2550 Sq. Ft. / 0 a I z 0 Lot 142 $� 3 w N 1700 Sq. Ft. %N o Lot 143 =, 1700 Sq. Ft. z f Lot 144 j 1700 Sq. Ft. <ING AREA "- 0 Lot 145 $ N 1700 Sq. Ft. 1 'DRAINAGE EASEME T I / 0 Lot 176 -' g f I • ;. N > All", 0 2550 Sq. Ft. o ; ' = ' �_ OPEN�� O0 I SPACE _ Y I ,.. W Lot 175 $ $ Lot 147 1 /8 w o V O Hf <? N 1700 Sq. Ft. N w IM 3060 Sq. Ft. �rc°i w (L b y cv to rn ? / rn . Lot 174 o _ _ z /0,/ 1700 Sq. Ft. ' �z� o Lot 148 �� Z � _ 1700 Sq. Ft. jN 0 _ Lot 173 1700 Sq. Ft. �LO I Lot 149 3 cO 1700 Sq. Ft. W z o Lot 172 $ I' ;; - / w co 1700 Sq. Ft. N _ Lot 150 I/ PARKING AREA 1700 Sq. Ft. �i N46050'09"W _ 1� 20'DRAINAGE EASEMENT $ Lot 151 /$ W Lot 171 Ln 0 1700 Sq. Ft. / N 3582 Sq. Ft. a+� ��� ig Lot 152 /poi 6`%6� O P PCB 1 �� 0 2550 Sq. Ft. M 85_000'/ N6$°� N46°50'09"W OPEN SPACE 20' DRAINAGE EASEMENT 20' UTILITY EASEMENT, NOTE: MINIMUM FRONT SETBACK = 20' (S( of 7) (C3, DUANE c DATE: SEPTEMBER 28, 1988 SCALE:1 "_40' BROWNSHEET , 1285 gilbert w. cliffor & associates, inc.4 OF lingineets - I.xnd 1'lannera ,♦S� Surveyora LAND SV 150 C Old. Or—kh Drive 20 9-th C.— 5°ed 7 Hedericluhucg, Virgi°i" 27.401 f103) 9%2115 Wincheeler, Virginie 22601 (M) 667-2139 Revised March 21 ,1989. N67°06'2s"W�f0.00' �— FUTURE DEVELOPMENT EX. 1 _ _ 1 CHINKAPIN DRIVE 5 ' (80' R/W) OPEN SPACE 4 S70°15'33"E -18.35' - N31 °38'04"E N31 °38'04'E -Z , 85.00' 64.00' -- — 'oo� Lot164 01 I O I r> 2550 Sq. Ft. M I 165 0� Lot 163 0 I ~ z 1700 Sq. Ft. N w ' 2 166— uwi I g ` Lot 162 N w 1700 Sq. Ft. T I 167 0 20' DRAINAGE EASEMENT- — �, LOt 161 L � 1700 Sq. Ft. —'' ! . I`—cQi 168 co N -n -- ' o � Lot 160 z N; 1700 Sq. Ft. N 169 -7 PARKING AREA. 0,J Lot 159 0� 1.( I M 2550 Sq. Ft. o 170 85.00' ` S31 °38'04"W 49°19'59"W -- � X OPEN SPACE ` 14.73' ' ((� \ N21 _g4'33'E OPEN fSRAG I 85.00, o Lot 158 0 z I� oI 2550 Sq Ft' w 171 a o ` 2� .II w � w f Lot 157 8i G AREA w 2 10 1700 Sq Ft PARKIN z 0 o z Lot 156 , 170o Sq Ft. R oc Cl) I. w �I\ Lot ,155 0 Y 1700 Sq Ft N O , = I Lot 154 w I $ O 1700 Sq. Ft. o 11 o S12646'37"W Lot 153 $ 21.50' 1Wo Ft. --► 2550 Sq ��-- 85 v I S21° 33" W I OPEN SPACE Y�':.-I'� EX. LAKEVIEW i�-� r TOWNHOUSES -SEC. IV 20' DRAINAGE EASEMENT / �1 \ , 20' UTILITY EASEMENT S43° 1 1- �961 "tt'�4pq g4, NOTE: MINIMUM FTNT SETBACK = 20' Lakeview TownhDusea -Section tion V l o r� P, DUANE ,• DATE: SEPTEMBER 28, 1988 SCALE:1 "=40' BROWN .. NO, 1285 gilbert w. cliffor & associates, inc. SHEET linginmrs - Land Planners OF Surveyors LAND `'J� 150 C Old. (ireenr,icb Drive 20 ,uuw «,e"" $a.0 7 F"dalicbsburg, Vigi"is 22401 (/03) 8952115 WiMbes-, Virgi"ia 22601 (/03) 66'/-2139 movi-q lri March 21 _1989 FUTURE DEVELOPMENT OPEN �PACE --� 20' DRAINAGE E OPEN SPACE "NN" (SEE SHEET 7 OF 7) 0 / ASEMENT—�, S58021'56"E 140.00' / MOO20.100'"M20,10'30.00' w I. /� 1 LL'LO h.. _I_ r. a_ ` c�°I° V- ° i> .- °-I- ^ $I cq JLO L J—�O Op Oo JOo �O CD N ,J Z � T T J LO I gn N I � 30.00' 20_00 L20.00' 30.00' J' N58021'56"W-� 140.00' S58°21'56"E - — - -- — -- -- 22_26' — -- . PARKING AREA 20' UTILITY EASEMENT OPEN PACE OPEN SPAC - -- 164 163 ' 15? ' 162 161 ; 160 i 159 NOTE: MINIMUM FRONT SETBACK = 20' -w P. DUANE 0 BROWN NO, 1285 o) LAND (See Sheet 5 of 7) DATE: SEPTEMBER 28, 1988 1 SCALE:1 "=40' gilbcrt w. cliffor & associates, inc. Hngincers - Land Planners Surveyors 150-C Old. Or—wh Ihi— I+rdmictahurg, Virginia 2.2.401 C/03) 8982115 20 %"'h �ar�" S-1 W l-h—., Virginia 22601 C/03) 6V/2139 SHEET 6 OF 7 Revised March 21 ,1989. B / EX. LAKEVIEW TOWNHOUSES / SEC, VI S04027'01 "E 15.67' 18 \ s Or ID 'Yes � Ln FSM'T N.90 O W J OPEN SPACE © / 1g2 OPEN SPACE "NN" 0.7428 ACRES 20' DRAINAGE ESM'T. N31 °28'35"W I OPEN SPACE (SEE SHEET 6 OF 7) P. DUANE NO. 1285 �O� 10 L4 N D SJ� J ABA IAgo �i wo On All — o OPEN Sp PC% Alro 155.60' A Ai AT DATE: MARCH 21, 1989 SCALE: 1 "=50' gilbert w. cliffor & associates, inc. Engineers - Land Planners Surveyors ue-c old. Or—icb D,*v. R.d.kUbeq, vk1hA. 22401 (/e)) 895-2115 2e seam CM—. sv.s Wbwb.m, Vbsfy. 22601 CM) GG-2139 SHEET 7 OF 7 COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/665-5650 TO: Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Frederick County Sanitation Authority , ATTN: Mr. Wellington Jones FROM: Robert W. Watkins DATE: March 24, 1989 SUBJECT: REVIEW AND SIGN PLAT/PLANS: Preliminary Master Development Plan X Subdivision SENT I RETURNED 2 Please review and sign the attached plat/plans, if approved for: LAKEVIEW TOWNHOUSES, SECTION VII (open space was revised) Please return all 4 copies. Please return this form and the plats/plans as soon as possible. Thank you. THIS SPACE SHOULD BE USED FOR ANY COMMENTS: 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 FINAL PLAT - Lakeview, ` ownhouses - Section V SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA iv • 'ti^ Ir1 I •,�� y (•;r` - i... �l,',, f �' • fi; •�� LOCATION MAP SCHLE: I"22,000' APPROVED Y FRED. CO. SANITATION AUTHORITY _ � — DATE 2 A% `169 PLANNING COMMISSION _ _._ DATE SUBDIVISION ADMINISTRATOR DATE VA. DEPT. OF TRANSPORTATION �•� �°�2,/vc 2 �' DATE d' OWNER'S CERTIFICATE The above and foregoing subdivision of the land of SHIHO, Inc., T/A Lakeside Development, as appears in the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. `AII property owners in Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association is the owner of all areas shown as Parking E Area and Open Space on the attached plat and is responsible for the maintenance -of those areas. All property owners must,pay an annual- assessment to pay 'far this maintenance.. This fee and .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 Lakeside Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE I hereby certify that.,_ the land- pgntained in this subdivision is a portion of the land conveyed to SHIHO, INC., T/A Lakeside Development, by deed dated August••5,•.1988, said deed reco rded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 689 at page 516. hLT Ott jf P. Duane Brown, C.L.S. P. DUANE �'r DATE: SEPTEMBER 28, 1988. COVER SHEET BROWN SHEET NO. 1285 4 gilbert w. cliffor & associates, inc. 1 Engineers - Land Planners OF E/ �w� ryh Surveyors, AND y 110 C OWa Or•aov ic6 DrWa 2e 3—h `74'— W-4 6 It•deb:b•bar{, Virginia 22601 (703) 899-2113 Wio•b..—, Vtralni• 22601 (703) 667-2139 V � V s t l t l CURVE TABLE NO. a RADIUS ARC TAN. CHORD CH.BEARING 1 35037'51 585.00' 363.80' 1 88.00' 357.96' N40°42'29"E FUTURE DEVELOPMENTF _ _N85 32 59 E- 192.00 30.00' 20-.00' 30.00.' 30.00' ` 20.00' 0.00' To.00' _ �T ( _20'1)11 UNAGE E ASEMENT LL LL W 3 tA ^ LL LL �ir� W .. OI00 1 - 1 s I Cr pi0 OIO � fn I r fn _I- V_ U% o _ cli fA _ 1 'S 0 - I. UpOi ... ► N a' a`n0 C 0 : 1. C O 1 C O .+ o 01 LO V OPEN . . SPACE — 0.00' 20.00' 30. r 30.00' 20.00' 20.00' 1 30.00' -59 S85°32'59'W S850000'MW _ 80.00' d -PARKING AREA '-i`- . W - ,• �0' UTILITY EA EMENT100.00, N N85 32'59'E o -OPEN SP/�CE 30.00' 2 .00' 20.00' 30.00' _a i la 20' DRAIN GE EAS MENT — _ ca .' ai _LZ o) ao n T —F-.— �I .10� I M a' -I- �`� `I 0 Oco O 0 1_ O O-1 0.0 LIN-= A J J� J^ Jn Jar- 0 �if S% Il Z N N LU `r16.35' 20.00' 1 20.00' 1 30.00' Q �— -2a _ S85032'59'�W 86.35J 3°0 S 20' DRAINAGE. PEN SPACE EASEMENrt O yOG ip 20' DRAINAGE 8 �S UTILITY EASEMENT NOTE: MINIMUM FRONT SETBACK = 20'-.. F. DUANE C,- DATE:EPTEMBER 28, 1988 SCALE:1 "=40' V��u BROW y SHEET NO. 1285 gilbert w. cliffor & associates, inc. 3 OF, Fngineers - Land Planners Surveyors 6 � ,,w� 4meroa �.. LAND u°r ows ar.anri.b uri.e w ocbu�. virsio. 12aoi cn 3> asp-irsi`- Rderiebbuq. Virginia 22401 (/07) M-2115 .V (See; Sheet 3 of 6) OPEN SPACE/ � / i (See Sheet 3 of 6) / S46°50/ // '09-E / % . i //' /\ N SPACE 85.00' OP OPEN SPACE W o Lot 182 0, / / / 140 Cl) 2550 Sq Ft. Cl) (DRAINAGE EASEMENT / S46 50'09"E / 73.23' Lot 181 Lot 141 o/ o I I g o 2 N 1700 Sq. Ft. ��., 3 ; ' :.1 ;°�, 2550 Sq. Ft. �/ coo 0 -- $ Lot 180 c c z 1700 Sq. Ft. o Lot" 142 _ _ I o o • IN 1700 Sq. Ft. a o o Lot 179- tci 1700 Sq. Ft. , I hot 143 1700 Sq. Ft. z ww - Lot 178 0 tn N 1700 Sq. Ft. f Lot 144 rn 1700 Sq. Ft. Zo c� ARKING AREA o Lot 145 0 ' Lot 177 � � M _` 2550 Sq. Ft. coo I N 1700 Sq. Ft. 85.00' 0' DRAINAGE EASEME T 46°50'09" �u-12.00' X OPE SPACE _ In / S46 50'09 E o Lo0 46 - $ N 85.00`'�� to g Lot 176 Cl)2550 Sq. Ft. o ��!OPEN �� /- .:... .. . - SPACE / W g / Lot 147 o rn rn 0 Lot 175 jv N 1700 Sq. Ft. cw I i `M° 3060 Sq. Ft. co � N J T 0_41 a� . Lot 174 s 11 170b Sq. Ft. ( I j`a, Lot 148 0 3 /Z N 1700 Sq. Ft. N p on Lot 173 $o (: 1700 Sq. Ft. Imo. Lot 149 3 ° ° " - (� �' 1700 Sq. Ft. - w Z o Lot 172 b Lu > c?� 6 1700 Sq. Ft. �; N I _ , I Lot,150 _ heSLp�' � / - - J / N46°50'o9-W •PARKING AREA 1700 Sq. Ft. �20' DRAINAGE EASEMENT, �i I g Lot 151 o W N\ Lot 171' .. 1 / ' I N 1700 Sq. Ft. N Q Y �� 3582 Sq. Ft. o, Lot 152 / of g6- SPPC �� i o 2550 Sq. Ft. , co � 2�•� i _ _ / " 85_00. < 17 46°50'09"W ' �- _ � � • ; 1 - .i<''%:,�- OPEN SPACE 20'DRAINAGE EASEMENT 20' UTILITY EASEMENT NOTE: MINIMUM FRONT SETBACK = 20' } (See Sheet 5 of 6) ,It o 1 P. DUANE .• DATE: SEPTEMBER 28, 1988 SCALE:1 =40 OWNa4,,,. �► __ --- SHEET j NO. 1285 gilbert w. cliffor & associates, inc. 4 Engineers - Land Planners - ". ' OF 4 Surveydrs LANDSJ C Old.20 Sous, cm:a.an .. 6 FYade:ickaAsee, ViBi•ia 37.<01 C)03) 896-3113 .Y . . Winahealar, Vire)nia 22601 (N3) 667-2179 I 1 1 1 EX. 67°os'23"W-10.00` �— —FUTURE DEVELOPMENT CHINKAPIN 0 (8' RV/E) S. , \\ OPEN SPACE 4 S70015'33'E 18.35' I I U N31 °38'04"E N31 °38'04"E 20' DRAINAGE EASEMENT—j II 1 1 4 EX. LAKEVIEW TOWNHOUSES -SEC. IV o� Pr DUANE BROW �cl ` NO. 1286 J �a� ��iSo � NO 85.00' I 64.00' -- — 410? f (SDI Lot 164 0) l ; 165 O I M 2550 Sq. Ft. can \ g Lot 163 0 z 1700 Sq. Ft. O N � _ Lot 162 1700 Sq � I 167 6 _Ft. Lot 161 1700 Sq Ft �-R, 168 cn �2 o Lot 160 Z I o I, 16 ..}700. S,q, Ft. , .. ,, N 9 . PARKING AREA - - — \ - o � I Lot 159 co, 2550 Sq. Ft. 6 (, _ 170 \\I 85.00' 931 °38'04"W 49019'59"W p EN SPACE 14:73RAC\\ N21°44'33"E OPEN -_.. I\ 85.00 0 Lot 550 Sq- t. I " w I 0 2 \ .� m 171 w ,. _ _ • l y W Lot 1 $► PARKING p,tEA c� w, . 1700 Sq. Ft. l �Z Lot.156 0 1700 I\� Lot 155- 1700 Sq. Ft N N O O - o 0 1700 Sa' Ft. o S12b46'37 W LOt A 53 0 25,`0 Sq•- q 85 00' I S210 'I 1S2 OPEN SPACE ' .'-y 20 DRAINAGE EASEMENT %�`�� S43I 20' UTILITY EASEMENT- .1 ° 0gsr,w NOTE: MINIMUM `FRONT SETBACK = 20' Lakt,view Townhauts -r Stclftn ill DATE: SEPTEMBER 28, 1988 TSCALE:1"=40' �giltfeiC'-•NW_.0•1•-iffor &^ associates, inc. SHEET 5 Engineers - Land Planners _ OF . Surveyors 150 C OW Orao.rkb 0,1 a 7A N—d, ('.— 5traa 6 Rdarisaabar{, VYgi°la 22401 (/03) 69"-2115 ri"abcaw. Virginia 2201 (/03) 66"12139 J i v a 1 � 1 FUTURE DEVELOPMENT /. J \ \ c OPE�PACE� 17S FUTURE DEVELOPMENT \ 174 — 20 DRAINAGE EASEMENT ,v _� - -o _ 30.00' S58021'56'E 140.00, 20.00' 1. •' ` \ `* 20.00' 30.00' _X73 -4 1 W LL o c� p- �� ��- o�� rn� pti i ' O«p O �I_T I COIrr I +' oIf co d _... Jr�OJ^Z + M. ,,COIw J. �1 400 1.71�^ 3000' 20_00' • . 00, 00. N58°2• 1'S6"W 1 140.00' S5 1.256"E 22.26� 20' UTILITY EASEMENT N E OPEN SPACE-- [-----TTi - -- ll7. - — E _ _ T-- r 16'4 ' 163 162 1' 161 i 160 i 159 i I �58 157 _.. (See Sheet 5 of 6) _ NOTE: MINIMUM FRONT SETBACK = 20' v�OLT U o�yr Lakeview `TDwnhD-,usl 4" P. DUANE G.:= DATE: SEPTEMBER 28, 1988 SCALE:1 "=40' BROWN:_ — . SHEET NO, 1285 O gilbert w. cliffor & associates, inc. 6 Engineers - LandPlanners pF �F � Surveyors LA ND SJ 150 C Old. (lraanwich Di- 20 Souih (;smarm 9(raa 6 l+rdaricbhura. Viralnls 27.401 (703) 996-2115 Winchenm. Vhainia 22601 (703) 667-2139 I 1 0 FINAL PLAT Lakeview ` ownhouses - Sect ion VE _. SHAWNEE MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA .� . , , �,, ^ ice`. _,� •' , ., , s' • a 1 O Xv • �: r��. LOCATION MAP SCALE: 1" 2,000, APPROVED Y FRED. CO. SANITATION AUTHORITY __ DATE PLANNING COMMISSION __ DATE SUBDIVISION ADMINISTRATOR - ---- - DATE VA. DEPT. OF TRANSPORTATION �✓ • �% �l( �'. DATE 0 OWNER'S CERTIFICATE The above and foregoing subdivision of the land of SHIHO, Inc., T/A Lakeside ,Development, as appears in the accompanying plats is with the consent and in accordance vyith_the desires of the undersigned owners, proprietors,' and trustees, if any. All property owners in Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association is the owner of all areas shown as Parking Area and Open Space on the attached plat and is responsible for the maintenance of those f areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and 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 Lakeside Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of -the land conve.yed to SHIHO, INC., T/A Lakeside Development, by deed dated August 5, 1988, said deed recorded in -#he- Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 689 at page 516. P. Duane Brown, C.L.S. Pr- DUANE �. DATE: SEPTEMBER 28, 1988 COVER SHEET BROWNY SHEET NO. 1285 0 gilbert w. cliffor & associates, inc. 1 Engineers - Land Planners OF Surveyors L4 ND S 150-C ow. 0,.—ieh Drive 20 S-th (amoo= suaa 6 Wdciek burl, Vk&f. 22401 (703) 990-2113. Wi-b—, Virginia 22601 (/03) 667-2139 1 V-IIRVF TORI F NO. a RADIUS ARC TAN, CHORD CKBEARING 1 35°37'51" 585.00' 363.80' 188.00' 357.96' N40e42'29"E 2 15e17'48" 1038.00' 277.12' 139.39' 276.30' N61 e05'49"W 3 06e55'00" 352.00' 42.49' 21.27' 42.47' N65017'13"W 4 85e46'26" 40.00' 59.88' 37.15' 54.44' N18056'30"W 5 01 e03'09" 505.00' 9.28' 4.64' 1 9.28' N-23e25'1 WE AREA SUMMARY Area in Lots 2.5034 Acres Area in Parking 0.9412 Acres Area in Open Space 1..4763 Acres Total Area Subdivided 4.9209 Acres No. of Lots 53 Average Lot Size 2,058 Sq. Ft. o- I P. DUANE �`' DATE: SEPTEMBER 28, 1988� CURVE TABLE L, NO, 1285 gilbert w. cliffor &, associates; inc. SHEET 2 Engineers - Land P:annon 4 t�O LA �J� Surveyors C NO ISO ow. a.a,,..r<b mi.� zo .n,a, 1�n�n 9nem 6 WdaicUburg, Vtrginia 22401 (703) 999-2113 Winch¢uai, Vnainl, 22aU1 CN3) 66%213Y FUTURE DEVELOPMENT N8503259E-192.00' 130.00, 20.00' 30 �-21Y 6R, UNAGE EASE LIT: -i ok 0 0, m U_ bl rr 0 "1 cl) 0 r rl . - (n F, C\j C\j U) cn Lo 0 CD o 00 0 0 0 0 o CO 0 _j 0 0 0 0 6 I -i LO _j _j V) CO pO cl i LO z -i n c\l (n Z, CV I c\j OPEN SPA E-- 0.001, 29..90' 1 30,00, 30.00' 20.00' 20-00' 1 30.00, S85032'59"WJ a5-32-69-W 80.00' 1 OQQCI L6 'PARKING AREA'-f--. -- = _- —r—�0--u—TILITY E#lEMENT p 100.00, ct ,-N85*32'59*E -OPEN SP E 30.00, 20.00' 20.60 30.00, .mil uVi 20.1 DRAIN, kGE EAS WENT V pLL LL cl fc-, alp J o 0 60 0 C) Ln S.f0 00 W) OD I c\l c\j 00z - 0- LU Ui 16.35-1 20.00- 1 20.00' 1 -30.00' — 885032'59"W 86.35' rb .00 20'DRAINAGE SPACE' 4�, EASEMENT .0h 0 0 20'DRAINAGE & UTILITY EASEMENT NOTE: MINIMUM FRONT SETBACK = 20' lDn VE RTDwnhD-,a,3t3 — F. DU NE DATE: SEPTEMBER 28, 1988 =SCALESCALE:1"=40' BROW SHEET gilbert w. clifforW& associates, _l__iTk,;-_ 3 NO. 1285 OF Engineers - Land Plunners 1> Surveyors 6 20 S, "'d ( 150 C Old, Or-ich DTi­ 1• 221,01 CIO) 667-2139M L4ND ikedwicksbat, ViF&iui- 274o (703) 9"-2115 j .00, 30.00' 20.00' 20.00' AENf r W U_ A LL cR LL. I (See; Sheet 3 of 6) /OPEN SPACE/ (See Sheet 3 of 6) 85.00' \ OP&N SPACE" � OPEN SPACE , W o Lot 182 0) / / / 140 2550 Sq. Ft. to fDRAINAGE EASEMENT : � / S46°56r09_E 73.23' i _ o / - - I $5.00�/ \ / hN Lot 181 0 $ Lot 141 0 2 CS, /I 1700 Sq. Ft. N 3 I ;�o, 2550 Sq. Ft. �iM o Lot 180 11 1700 Sq. Ft. �� _ I o Lot 142 /o 3 I - I CS N N 1700 Sq. Ft. N rn -Lot 179 Uj r J 1700 Sq. Ft. " Lot 143 1700 Sq. Ft. z w W o Lot 178 0 D / CC 0 1700 Sq. Ft. N Ii - Lot 144 • o v - - , • 1700 Sq Ft. Lot 177 of ARKING AREA o Lot 145 0 o 0 2550 S Ft. o o co ch-� q• r, •• �, 1700 Sq. Ft. 85.00' _ f 0' DRAINAGE EASEME T ° a -.I to12.00' �" Lot 146 0 iq S46'50'09'E OPE SPACE SI)' 85.00' I —�060 Sq. Ft_ lei o Lot 176—�1 v, 0 2550-Sq. Ft. 01 / 0 OPEN ! 0) . I SPACE' __ w o Lot 175 o j 8 Lot 147 . c rn j v N 1700 Sq. Ft. I I „ 3060 Sq. Ft. �w N Lot 174 g _ _ _ O 1 Y o 1700 Sq_ Ft. ( /Z, o / I _Lot:7 48 _. $ 3 cov 1700 Sq. Ft. N p Lot 173 Z 1700 Sq. Ft. �� I `,� / , Lot 149 _ 3 11 _ _1700-Sq. Ft. w Z o Lot 172 y S , ': I ;; - .w co N 1700 Sq. Ft. N _ Lot 150 a i / N46°50 O9"W PARKING AREA 1700 Sq. Ft.S. 20' DRAINAGE EASEMENT ^, I I� / o Lot 1151 b w of •• / o f -4 1 / ?, ` Lot 171 M I I / a 1700 Sq_ Ft. N I 3582 Sq. Ft. I /, o. " QoN y Lot 152 o i i G6 e, O Q PCB I �/ 103- 0 2550 Sq. 7� Ft. Cl) 85.00./ y > 46°50109aW OPEN SPA CE / , \ 20' DRAINAGE EASEMENT 20' UTILITY EASEMENT NOTE: MINIMUM FRdNT SETBACK = 20" � � " ' (See Sheet 5 of 6) OLTJt O� '�. ;I. P. DUANE �'.. BROWN �- NO. 1285 �EAND`'J� Iid eYuew TDwnh ,am Stclim V11 DATE: SEPTEMBER 28, 1988 SCALE:1 "_40' ET gilbert w. cliffor & associates, inc. SHEET Engineers - Land Planners OF Surveyor 6 150-C Olds Greenwich Drive Adariebbaq, Virginia 22401 (/03) 19a.7111 10 S-1h Cbllaroo "" winchwaw, virainia 12601 IflMl) 66'/-3139 w a 1 EX CHINKAPIN DRIVE 20' DRAINAGE EASEMENT—i cc cc 'W Y x w EX. LAKEVIEW TOWNHOUSES -SEC. IV 7006'26•W-10.00' '4-- 1 FUTURE DEVELOPMENT --� - '� •+ OPEN SPACE $70015'33'E •-18.35' Fj G� N31 °38'04'E N31 °38'04"E �QQ' 85.00' 64.00' -- — Lot 164 of _ O roi 2550 Sq. Ft. Cl) i 165 o II Lot 163 N 1700 Sq. Ft. N w w g 166 �I N W I Lot 162 _ tD I\� \ 1700 Sq. Ft. I 167 6 3 Lot 161 1700 Sq Ft ~ j`—R --�co 168 n �Z o Lot 160 \ cov � 1700 Sq. Ft. N �; ,' _ j 169 PARKING AREA- 7— IN I.. .1 -... ,-Lot•1,59\,... ; ,off ,, . I , M 2550 Sq. Ft. M 170 \I 85.00' I S31 °38'04"W 49019'59' - I OPEN SPACE —��"� 14.73' ; N21°g4'33"E \\ - OPEN SF�A ILot 15a - $ z I " 2550 Sq b cwn 171 w Lot 157 gi w Ft. pAFtKING IAR a \ io 1?p0cr n w Lot 156 so 1 1700 Sq• \ny \ Lot 1 55 � " ro 1 � � L00 Sq Ft. g o 17 .1 a , S12°46'37"W I 1.5 Lot 153 2on" \ \� L " 2550 Sqt� I I I S21 ° 33".- i OPEN SPACE ' `� \ �20' DRAINAGE EAS�MENT r►0 L 'y 20' UTILITY EASEMENT \'i � `? y Sr �y 42g84, \�NOTE: MINIMUM FRONT SETBACK = 20' OFvpv , X P. DUANE �G',• DATE: SEPTEMBER 28, 1988 SCALE:1 "=40' N0, 1285 gilbert w. cliffor & associates, inc. SHEET A A. Rnginix;r3 - Land Planners OF, FQ yJ� Survcy<irS'• LA N0 ls° c<a«VirginnVirginia 2.<<t /3) g-2113 20 s..m 6 FFWiNXbml, r22.01 (701) 111.1 j v t �— FUTURE DEVELOPMENT \ a / \ FUTURE DEVELOPMENT - co r74 \ 20' DRAINAGE EASEMENT—, -`, --__:o- S58e21'56"E 140.00' 30.00'...- 20.oa -.t..+ 20.00' 173 �. / 30,00'_ r72 cn w I. u-w f r I �Q olc�3 IS " �MI- °O o o 65 � JJ^ oJJ ;o; ,\ \i J uj N co 171 30.00' 2000' .1 20.00' 30.00' -' N58e21'S6"W 140.00' S58e21'56"E 22.26' — ...PARKING AREA 20' UTILITY EASEMENT OPEN SPACE T OPEN SPAC _ oil 164 57 163 162 161 i 160 i 159 (See Sheet 5 of 6) NOTE: MINIMUM FRONT SETBACK = 24' Lakeview TDwnhouses P. DUANE DATE:-SEPTEMBER 28, 1988 SCALE:1 "=40' V BROWN _ SHEET NO, 1285 O gilbert w. cliffor & associates, inc. 6 Engineers Land Planners -- — OF �, Surveyors LANO 150 C Old. c ra.uwich Mi.. 7.0 8-1, C_..n Y1r'eal 6 lhedariekshura, Vhsinia 22401 (703) 996-2115 Winchener, Virginia 22601 (703) 667-2139 4 � In 1 AKESIDE Q STATES 0 LAKESIDE DEVELOPMENT COMPANY P.O. BOX 3276 WINCHESTER, VIRGINIA 22601 (703) 667-2120 October 19, 1989 , TO WHOM IT MAY CONCERN: T 2 310-99 This is to advise you that the followink%areas of Lakeside Estates in Frederick County, Virginia falls under the existing Residential Performance (RP) rezoning. A part of the rezoning ordinance requires -the developer to "set aside" certain areas as "open space".. In order to maintain these "open spaces", a Home Owners Association is also mandated as part of the ordinance. The following sections are affected by the above: THE VILLAGE AT LAKESIDE SECTIONS 1 THRU S LAKEMONT VILLAGE LAKERIDGE SECTIONS 1 AND 2 LAKEWOOD MANOR SECTIONS 1 THRU 8 LAKEVIEW APARTMENTS LAKEVIEW TOWNHOUSES SECTIONS 4 THRU 7 At this time, all paperwork is complete and dedications made at the court house for each section as the subdivision plat went on record. The association, by laws, dedication, covenants and "open spaces" as they pertain to each section are on record in the ClerLs Office Frederick County, Virginia. Also, at the writing of this memorandum; the associations as they pertain have not been activated by the developer. Therfore, no dues are in arrears, or dues owing for the remainder of 1939. Sometime in 1990 all sections will be activated under the Associations by laws; and all parties will be notified by certified mail when th.}s activition takes place and when dues will be required. ii9ag B 90 Q ice• � p � , �"�. .,, �LE^ COMMONWEALTH of VIRG INIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703 ) 984-4133 January 12, 1989 Mr. Charles E. Maddox, Jr., P.E. C/O G. W. Clifford & Associates 20 South Cameron Street Post Office Box. 2104 Winchester, Virginia 22601 Dear Mr. Maddox: WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Lakaview Townhouses Sections VI & VII Anar meats Section. I Frederick County This is to acknowledge receipt of revised plans dated January 4, 1989 to the above reverenced locations. The plans appear satisfactory and are approvev. Please advise t::e developer accordingly. I offer the following comments: 1. Materials used and method ov construction shall apply to current observed VDCT Road and Bridge Specification applicable during construction of this develoDment . 2. If mailboxes are to be placed along the roadway fronting lots, a minimum four (4') feet shall be between the edge of pavement and the front of mailbox as down on the attached sketch. 2. a,: comment- are general in nature: should ___ the field exists such that additional measures are warranted sucn measures shall be completed to the satisfact-on of the Dep_a-_-tment prior tc inclusion in the Secondary System. 4. Attached is a copy of the minimum requirements and data for subdivision streets and private entrances prior to acceptance into the Secondary System. This is the developer's responsibility. 5. All drainage is to be carried within the right-of-way in ditch lines along streets to a pipe or drainage easement. 5. A preconstruction conference be held by the engineer and/or developer wit' - the attendance of the contractor, various County agencies and VDOT prior to initiation of work. 7. A land use permit sha'1 be obtained before any work is performed on the Department's right-of-way. Should you need additional information, do not hesitate to call. Sincerely, C-", Yt�� B. Childress, Hwy. Permits & Subd. Spec. Sr. For: J. B. Kessler, Ass't. Res. Engr. RBC/rh Attach. xc: Mr. C. E. Mattox, Mr. R. L. Moore, Mr. R. W. Watkins, Mr. Dave Holliday TRANSPORTATION FOR THE 21 ST CENTURY COMMONWEALTH Of 'VIRGINIA _ DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER ( 703 ) 984-4133 RESIDENT ENGINEER December 19, 1988 Mr. Charles E. Maddox, Jr., P.E. Ref: Lakeview Townhouses -Sections VI & VII C/O G. W. Clifford & Associates Lakeview Apartments -Section I 20 South Cameron Street Frederick County Post Office Box 2104 Winchester, Virginia 22601 Dear Mr. Maddox: As requested we have reviewed the above referenced developments. Attached is a copy of a letter dated December 12, 1988 from Mr. J. C. Heatwole with our recommendations. _ Please revise and resubmit for our review. Sincerely, Robert B. Childress Hwy. Permits & Subd. Spec. Senior For: J. B. Kessler Assistant Resident Engineer RBC/rh Attach. xc: Mr. J. C. Heatwole Mr. R. L. Moore Mr. J. B Diamond Mr. R. • W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY �----- 407� . E P A'R THEN T OF TRANSPORTATION T R A- D E P A R T M E N T A L M E H 0 R A N D U H December 12, 1988 332-9120 TO: Mr. W. H. Bushman SUBJECT: Lakeview Townhouses - Sections VI and VII Lakeview Apartments - Section I Frederick County We are returning one set of plans with our recommendations as follows: 1. The radius at the intersection of Hackberry Drive and Chinkapin Drive to be increased to 50, as noted. 2. A curb drop inlet standard D1-3A to be located left of station 7+00 Chinkapin Drive with 15" pipe outfall. 3. All pavement transitions to be offset 8' from edge of pavement to edge of gutter as noted on all entrances. 4. A 20' drainage easement to be located left of station 9+75 and 14+40 Chinkapin Drive. 5. A temporary turn around to be provided at `the end.of Chinkapin Drive construction. 6. CD-2 underdrains to be located in sags as noted on the plans. Please advise the developer and have revised plans re -submitted. C..E. Mattox District Location and Design Engineer By: J. C. Heatwole Transportation Engineer JCH/mlm xc: Mr. R. L. Moore Mr. J. B. Diamond M E M O R A N D U M TO: COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. Kris C. Tierney FROM: Robert W. Watkins, Director DATE: December 6, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Lakeview Townhouses, Section VII or their representative, P. Duane Brown, G. W. Clifford & Assoc. 667-2139 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: S G( Co. n i✓� /,l �'s�i C�t✓zs.[ !o !4s � !�e`iir inu�n Signature d' , %rY�G ��e 71 Date 7/,r8- 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. Kris C. Tierney �w FROM: Robert W. Watkins, Director DATE: December 6, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Lakeview Townhouses, Section VII or their representative, P. Duane Brown, G. W. Clifford & Assoc. 667-2139 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: i 0— �M 0 Cipe'- ��SL. S c17 : f C. L r / !rt �E S c= c /� f �/1 7`� 6 l� C ,� 7 Signature ��F A'�-� Date _ - cT 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 M E M O R A N D U M TO: COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. Kris C. Tierney FROM: Robert W. Watkins, Director DATE: December 6, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Lakeview Townhouses, Section VII or their representative, P. Duane Brown, G. W. Clifford & Assoc. 667-2139 Please review the attached information and return your comments as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signatures ..,/� Date 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 �ACSA b ---- C 1988 COUNTY of FREDERICK S MEM"ORAN DUM TO: Departments of Planning and Building 703/665-5650 Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. Kris C. Tierney FROM: Robert W. Watkins, Director DATE: December 6, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Lakeview Townhouses, Section VII or their representative, P. Duane Brown, G. W. Clifford & Assoc. 667-2139 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 4�i c r 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman ---1Z' Sanitation Authority ATTN: Mr. Wellington Jones , Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. Kris C. Tierney FROM: Robert W. Watkins, Director DATE: December 6, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Lakeview Townhouses, Section VII or their representative, P. Duane Brown, G. W. Clifford & Assoc. 667-2139 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 LAKESIDE--LAKEVIEW TOWNHOUSES SECTION 7 BMB:dho AUG 0 5 1988 THIS DEED OF DEDICATION, made and dated this 5th day of August, 1988, by and between SHIHO, INC., a Virginia Corpo- ration, t/a LAKESIDE DEVELOPMENT, party of the first part, hereinafter called the DECLARANT, whether one or more, and COUNTY OF FREDERICK, VIRGINIA, party of the second part. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by P. Duane Brown, C.L.S., dated March 30, 1988, known as Lakeview Townhouses, Section V, and is.a part of the development known as Lakeside Estates, described on the final master development plan of Lakeside Estates, as filed in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to the DECLARANT by deed dated August 5, 1988, from Lakeside Development Company, a Virginia Corporation, said deed of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book at Page ; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots, and the attached plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof (and also shows those certain Easements reserved for installation and maintenance of water and sewer facilities for said lots), and further shows a certain public street designated Hackberry Drive, which shall constitute a portion of that development known as Lakeside Estates and further additions/lot owners shall become members of the Lakeside Homeowners Association upon the same terms and conditions herein; and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Lakeview Townhouses, Section V. The subdivision of said real estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT and the parties hereto further desire to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated Lakeview Town- housEs, Section V, lying and being situate in Shawnee Magis- terial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of P. Duane Brown, C.L.S., dated March 30, 1988, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the final master development plan for Lakeside Estates on file in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to the DECLARANT by deed dated August 5, 1988, from Lakeside Development Company, a Virginia Corporation, said deed of record in the aforesaid Clerk's Office as aforesaid. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. A R T I C L E I DEFINITIONS Section 1. "Association" shall mean and refer to Lakeside Homeowners Association, a non stock Virginia Corpora- tion, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property hereinbefore described in the Lakeside Estates Master Plan as aforesaid as Open Space(s) and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Lakeside Estates, with the exception of the Open Space(s). 2 Section 4. "Member" shall mean and refer to every person 'or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a party of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obliga- tion. Section 6. "DECLARANT" shall mean and refer to Shiho,'Inc., t/a Lakeside Development, its successors and assigns. A R T I C L E I I MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by cove- nants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Owner- ship of such Lot shall be the sole qualification for member- ship. A R T I C L E I I I VOTING RIGHTS "Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest 'required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised'as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but no more than nine (9) directors, who must be members of the Association. The 3 initial Board of Directors shall be appointed by the Associa- tion and serve until the first annual meeting following con- veyance of the first Lot in the Properties; thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. A R T I C L E I V PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the Open Space(s), specifically including but not limited to the rights of ingress and egress across the aforesaid Open Space(s) and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and By- laws, to borrow money for the purpose of improving the aforesaid Open Space(s) and in aid thereof to mortgage said property and the rights of such mortgagee in said Properties shall be subordinate to the rights of the Homeowners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the Open Space(s) by a Member for any period during which any assess- ment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its .r published rules and regulations. (c) The rights of the Association to dedi- cate or transfer all or part of the Open Space(s) to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedi- cation or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. 4 Section 2. Delegation of Use: Any Member may dele- gate, in accordance with the Bylaws, his right of enjoyment to the Open Space(s) to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the Open Space(s): The DECLARANT hereby covenants for its heirs and assigns, that it will convey fee simple title to the Open Space(s) to the Association, prior to the conveyance of the first Lot. A R T I C L E V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The DECLARANT, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed,to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, estab- lished, and collected from time to time as hereinafter pro- vided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and wel- fare of the residents in the Properties and, in particular, for the improvement and maintenance of the Properties, payment of real estate taxes, repairs, snow removal, and service and facilities devoted to this purpose and related to the use of and enjoyment of the Open Space(s). 5 Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the convey- ance of the first Lot to an Owner, the maximum annual assess- ment shall be $40.00 per year per Lot; (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maxi- mum annual assessment per Lot may be increased above that set forth herein - above by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this pur- pose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meet- ing. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolida- tion in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current main- tenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improve- ments: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Open Space(s), includ- ing the necessary fixtures and personal property related thereto, provided that any such assessment 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, written notice of which shall be sent to all Members 6 not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting.' Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast 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 in Sections 3 and 4 and the required quorum at any such subse- quent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assess- ments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Open Space(s). The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every'bwner subject thereto. The due dates shall be estab- lished by'the Board of Directors. The Association shall, upon demand at'any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments are not 7 paidwithin thirty (30) days after the due date, the assess- ment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Open Space(s) or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be sub- ordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. 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 mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assess- ments created herein: (a) the Open Space(s); (b) all prop- erties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia.' However, no residence occupied as a dwelling shall be exempt'from_these assessments. Section 11. Failure to Maintain Open Space(s): In the event that the Association, or its successors, shall fail to maintain the Open Space(s) in reasonable order and condi- tion, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. A R T I C L E V I Section 1. In addition to membership in the Lakeside Homeowners' Association, the nonstock Virginia Corporation, its successors and assigns, (Association), every person or entity who is a record Owner of a fee or undivided fee interest in any Townhouse Lot in Lakeview Townhouses, Section V, Lots 63 through 93, inclusive, (Townhouses), shall also be a member of the Lakeview Townhouse Group (Group), a nonstock Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Townhouse Lot. Membership shall be appurtenant to and may not be separated from ownership of any Townhouse Lot which is subject to assessment by the Group. Ownership of such Townhouse Lot shall be the sole qualification for membership. , Section 2. Each Member of the Group shall have one vote for each Townhouse Lot owned in which said Member shall hold the interest required for membership in Section 1. When more than one person holds such interest in any Townhouse Lot, all such persons shall be Members. The vote for such Town- house Lot shall be exercised as they among themselves deter- mine but in no event shall more than one vote be cast with respect to any Townhouse Lot. Section 3. The affairs of the Group shall be managed by a committee of not less than three but no more than nine persons, who shall be Members of the Group (Committee). The initial Committee shall be appointed by the Group and serve until the first annual meeting following conveyance of the first Townhouse Lot in said Subdivision; thereafter, the Com- mittee shall be elected by the Membership of the Group in the same manner as provided under the Bylaws of the Association. The Committee shall select a chairperson and a treasurer at the annual meeting from among their numbers. Section 4. The DECLARANT, for each Townhouse Lot owned within the Properties, hereby covenants and each Owner of any Townhouse Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other con- 0 veyance, is deemed to covenant and agree to pay to the Com- mittee (1) an annual assessment or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as herein- after provided. The annual assessments and special assess- ments, together with such interest thereon,and costs of col- lection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 5. The assessments levied by the Committee shall be exclusively for the purpose of maintaining the town- house exteriors, storm sewers, sidewalks, guttering, and parking areas, which are contiguous to the Townhouse Lots, including, without limitation, the payment of any real estate taxes assessed against the parking area, as well as snow removal and maintenance of the parking area. Section 6. Until January 1 of the year immediately following the conveyance of the first Townhouse Lot to an Owner, the maximum annual assessment shall be $40.00 per year per Townhouse Lot payable to the Committee; it is expressly acknowledged that the fee herein shall be in addition to and not in lieu of the annual fee assessed by the Association as provided in Article V hereinbefore; (a) from and after January 1 of the year immediately following the conveyance of the first Townhouse Lot to an Owner, the maximum annual assessment per Townhouse Lot may be increased above that set forth herein by a vote`of the Members of the Group (Members) for the next succeeding year and at the end of each year, for each succeed- ing period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the vote of Members who are voting in person or by proxy, or at a meeting duly called for this purpose, written notice of which shall be sent to all 10 Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger of consolidation in which the Group is authorized to participate; (b) after consideration of cur- rent maintenance costs and future needs of the Group, the Committee may affix the annual assessments at an amount not in excess of the maximum. Section 7. In addition to the annual assessments authorized above, the Group may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replace- ment of a described capital improvement upon the parking area, including the necessary fixtures and personal property related thereto, provided that any such assessment 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, written notice of which shall be sent to all Members of the Group not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 8. Both annual and special assessments must be fixed at a uniform rate for all Townhouse Lots and may be collected on a monthly basis. Section 9. At the first meeting called, as provided in Section 3 above, the 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 in Section 6 above and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 11 Section 10. The annual assessments provided for herein shall commence as to all Townhouse Lots on the first day of the month following the conveyance of the parking area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Com- mittee shall fix the amount of the annual assessment against each Townhouse Lot at least thirty (30) days in advance of each annual assessment. Written notice of the annual assess- ment shall be sent to every Townhouse Lot Owner subject thereto. The due dates shall be established by the Committee. The Group shall, upon demand at any time, furnish a certifi- cate in writing signed by a member of the Committee, setting forth whether the assessments on a specified Townhouse Lot have been paid. A reasonable charge may be made by the Com- mittee for the issuance of these certificates. Such certifi- cates shall be conclusive evidence of payment of any assess- ment therein stated to have been paid. Section 11. Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Group may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assess- ments provided for herein by non-use of the parking areas, sidewalks, guttering, storm sewers, or abandonment of his Townhouse Lot. Section 12. The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Townhouse Lot. Sale or transfer of any Townhouse Lot shall not affect the assessment lien. However, the sale or transfer of any Townhouse Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of 12 such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Townhouse Lot from liability for any assessments there- after becoming due from the lien thereof. Section 13. In the event that the Group, or its successors, shall fail to maintain the exterior, storm sewers, sidewalks, guttering, and the parking area, then it shall become the obligation of the Association which shall take such steps as shall be necessary to maintain the exterior, storm sewers, sidewalks, guttering, and parking area. In the event the Association fails to maintain the said exterior, storm sewers, sidewalks, guttering, and parking area, then the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. RESTRICTIVE COVENANTS APPLICABLE TO ALL TOWNHOUSE LOTS All Townhouse Lots shall be subject to the following restrictive covenants, which shall be covenants real running with the, land: 1. All Lots shall be used for single family residential purposes only. No detached garage nor carport shall be permitted on any Lot. 2. No profession or home occupation shall be conducted in or on any part of a Lot; provided, however, that DECLARANT reserves the right to use one or more of said Lots for business purposes in connection with the development, sales and operation of said townhouse subdivision. 3. No signs or advertising of any nature shall be erected or maintained on any Lot except for sale or rental signs for said Lot not to exceed five (5) square feet in area, or signs used by a builder to advertise the property during construction and sale. 13 i 4. No exterior antennas, satellite dishes or similar devise shall be permitted on any Lot. 5. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any Lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. Ownership of each Lot shall entitle the Owner thereof to the use of not more than two (2) vehicular parking spaces which shall be as near and convenient to said Lot as reasonably possible, together with the right of ingress and egress upon said Parking Area. No vehicles shall be parked in an area other than the Parking Area designated on the attached plat. 6. No animals of any kind (including live- stock, poultry or birds) shall be per- mitted on any Lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers; and further provided that no household pets shall be permitted to run at large in said Subdivision. 7. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. In the event that a dwelling is destroyed, the Owner of the dwelling within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the Lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 14 10. Each Owner shall keep all Lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery (in the event that such duties are not undertaken and performed by the Group, as set forth hereinabove), and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any Townhouse Lot in Lakeview Townhouses, Section V shall fail to maintain the premises and the improve- ments situated thereon as provided herein, the Group, after notice to the Owner as provided in the Bylaws and approval by two-thirds vote of the Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair, maintain and restore the Lot and the exterior of the building erected thereon. All cost related to such correction, repair, or restoration shall become a special assessment upon such Lot. 11. The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply. The cost of reasonable repair and mainte- nance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one of the Owners. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has use of the wall may restore it and if the other Owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligence or for willful acts or omissions. Notwithstanding any other provision of this Article, an Owner by his negligence or willful act causes a party wall to be 15 exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this Article shall be appurtenance to the land and shall pass to such Owner's successor in title. 12. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the date of garbage pickup. 13. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical and telephone wires. 14. No exterior clothes line, or hanging device, shall be permitted on any Lot. 15. No building, structure, addition nor exterior alteration (including basket- ball backboards, rims and nets) or improvements of any character shall be constructed upon any Lot or dwelling located thereon, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Lakeview Townhouses, Section V Townhouse Committee, if the lot affected is a townhouse, as being in harmony with the whole Subdivision, especially the adjoining townhouse unit. 16. If in the construction of any dwelling by DECLARANT there occurs an encroach- ment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant Lot. 17. No Lot upon which a townhouse has been constructed shall be further subdivided 16 or separated into smaller lots by any Owner and no portion less than all of such Lot, nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. 18. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional succes- sive ten (10) year periods unless the Owners of a majority of Lots in Lakeview Townhouses, Section V Subdi- vision shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 19. The DECLARANT herein reserves and shall have the right alone to waive any one or more of the restrictive covenants and conditions contained herein as to any Lot transferred by it except that it cannot change the use of any Lot from residential to commer- cial. This waiver shall not affect the binding effect of the covenants and conditions upon any other Lot. The DECLARANT further reserves the right alone to impose additional restrictive covenants and restrictions as to any Lot or Lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other Lots. 20. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in no wise affect any of the other provisions which shall remain in full force and effect. The failure of the Lot Owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 17 i A R T I C L E V I I EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to that certain easement or right of way designated Sanitary Sewer Easement/Utility Easement on the aforesaid attached plat. The DECLARANT does hereby grant and convey unto the Frederick County Sanitation Authority a perpetual right of way or easement over the aforesaid rights of way for the installation and maintenance of water and sewer lines and any related facility designated on the aforesaid plat as Sanitary Sewer Easement. Section 2. Surface Drainage Easement: The property dedicated hereby is subject to those certain easements or rights of way designated Slope and Drainage Easement on the aforesaid attached plat, for the purpose of surface water drainage easement. No structures of any kind which substan- tially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drain- age easements designated on the aforesaid attached plat. Said surface water drainage easements may not be altered or mod- ified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the pur- pose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obliga- tion to maintain said surface drainage easements, provided, however,, that in the event the Association fails to maintain said surface drainage easements, then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provisions of ARTICLE V', Section 11, hereinabove. Section 3. Reservations: The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facility, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along the strip 10 ft. along the front and rear of each Lot and along those areas designated "Public Access and Utility Easement" on the attached plat and over the Open Space(s), as needed, pro- vided.that such easement shall not interfere with the use and enjoyment of the Open Space(s). A R T I C L E V I I I GENERAL PROVISIONS Section 1. Enforcement: The Association, its suc- cessors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restric- tions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declara- tion. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restric- tions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successor's and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instru- ment signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. 19 Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appro- priate public agency to be used for purposes similar to those for which the Association was created or for general welfare of -the residents of Lakeside Estates. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accor- dance with the desire of the undersigned DECLARANT of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. WITNESS the following signatures and seals: SHIHO, INC., t/a LAKESIDE DEVELOPMENT By (SEAL) �DAV LLIDAY, PRESIDENT COUNTY OF FREDERICK, VIRGINIA 1 BY �`���iL'lil � . �/�b'b'� (J J'&EAL) STATE OF.VIRGINIA, i . 11 OF , TO -WIT: die a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that DAVID B. HOLLIDAY, President of SHIHO, INC., t/a LAKESIDE DEVELOPMENT, whose name is signed to the foregoing Deed of Dedication, dated August 5, 1988, has personally appeared before me and acknowledged the same in my State and jurisdic- tion aforesaid. Given under my hand this 1dd& day of August, 1988. 20 My Commission expires�/b 0/ i NOTARY 5UBLIC STATE�OF VIRGINIA, OF , TO -WIT: a Notary Public in and for the State and jurisdiction aforesaid, do hereby certif that , who is '614Z IA `' za of FRED RICK COUNTY, IRGINIA, whose name is igned to he foregoing Deed of Dedication, dated August 5, 1988, has per- sonally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this& day of August, 1988. My Commission expires All NOTARY PUXLIC 21 'lU,I BK84 1 PG025 1 / SEE 94EET 6 OF 6 PARKING AREA . O"AiAGE ' n 170 'w a E)w. ` SPAcc� o / '22 r/ 171OPEN SPACE • 2 z�� sa 1.4 '0 1.361T AC I w Sep 7 ; O �1 AseS* 4 L $, 30' SEWER & WATER EASDAE?NT,- AREA T" ctiau, t+? vyS1 yS• Qd ` / '•1. I ; 20' SETBACK $ !- I\Z �� SAINAGE 1 C� �,. CAS 2S. E5:1'T 32stwM 5 / 1,,,TV $�43VYg24 /1��. t0•l� loqq EXISTING LAKEVIEW TOWNHOUSES SECTIONy IV "n a M'�cuy I / NOTES: umtw FRONT SETBACK - W FROM PARKM AREA EX. ZONING: RP MINIMUM M.M SEPARATION - 301 SIDE - 60' FRONT 6 REAR EX. USE: TOWNHOUSES PERmETER BOUNDARY SE119AOC - 30' SIDE �7- 50' REM P�v SEE SHEET 2 OF 6 FOR CURVE TABLE �AyTx of yfA t��Il@W ll ®WIlIl�11®M�� `y 0WHIMM VE 0 25 50 100 P. DUANE f2'11 O BROWN �y,O,p .... a DATE: MAY 12, 1995 SCALE: 1"-50' FILE/: "4164:PL7-5.DWG" N0. 1285 gHbeFt w. dliloTd & associates, Inc. SHEET ENGINEERS - LAND PLANNERS - SURVEYORS SUR��{oQ` TSQ-C Olen Go" kh DrM 200 Nae1 cannon Sb"t, OF Fteft' ' ' V19kok 224M ftcho fw, VIrpY1b 2260T 6 (70.7) ef6-2t1S (7 N7-21Ji 0 5"1' Q V M N 14 W /9 /7ao a,c/T •4� v, T�LeT48z.caTA jav N�� p LG �o c� • � S3 L.6 7:5 A LvTS B- G L,aTS .O 0 QO- h N / 7 -- 4ti G Ld T 8 LpT A I$ a0 /-eT o LeT I ti d4, /9• sue' 17.64 - 74W /Colo • 7S' rN /a. 47' .4.E'EA 74/. G10 �trS. FT. Lo 46. dd 3Gl . FT 741. dd -SQ FT. 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Y.CJE.S L3 4/2LJ u R A.t'/c>,e16 VAL 5 F.eEd ACAS e4G/,[JTY AS4-%/eO GF E2 / S d e C E. B -�755 ADM. 1 APPROVED FOR CENTRAL IJAiTER AND CENTRAL SEWERAGE. P'v/,LJC,44,ES TE2 - F?EQE2 /Cis 4 d u G•2� �-1 -C7G .oE /•/E.GLTN /•2EC d V/.e /.CJ/A .c:)EAmT aV/-V'/ 45—A-1 J-v IQ Y6 7Z,57' .oT. 'C" .2E5/OE.VT E.vG/,vEE2 29S S3 ' r� .c/I�QTNE2 V 1.9 Ile E,Q COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 June 3, 1987 Mr. David Holliday Holliday Construction Company, Inc. P.O. Box 2715 Winchester, Virginia 22601 RE: Lakeside Development Subdivision Dear Dave: After careful review of your bonding requirements for the above referenced subdivision, this office has no objection to the overall letter of credit being revised to cover the following sections: 1. Sections I, II, III, IV -A, IV-B, V, VI, The Village at Lakeside 2. Sections I, II, III, IV -A, IV-B, V, Lakewood Manor 3. Phase I, Townhouse Section To approve the letter of credit, this office will need written estimates of construction and amount of construction complete to date for our files. Based on our preliminary discussions, the overall letter of credit is estimated at $160,000.00 for six months or longer to be reviewed every thirty (30) days by this office to assure adequate bond coverage. If you have any questions, please call this office. Sincerely, Stephdn M. Gyurisin Deputy Director SMG/rsa cc: John R. Riley, Jr., Frederick County Administrator 9 Court Sanare - P.O. Box 601 - Winchester, Virginia - 22601 P6-� 5 �•5 4/ 1 o Oq- k 22 �� a Q� P� 4 r .6 /2EC d i2.o Tp A-VX1 C,146 41.5 E'er a c/.0 / T 2r a c/.dAj O/ zS 72 /c r TY %//.2 G / •�J /.4 aE.P / 7Z D c re G /.c/EE S T 7-Q A-1 N/ A Y .C/E,5 B d 2 a WC//V/rY MAP TWNNSE5 z7 r U A.oP .Qd V.A L id /�?EpE2 GQc%vey z a Q e0 GF .5 E /Sd•e5 A i2 q,./ Met, �V� Af5' f" / APr c. E. BNATRSS qoM. w,,R,O c D FOR C3 EPL WAA. HEAL rH <:3 �E-S�oE.vr E�vGi-vEE,e /S!o 3Lv 9lv.dd' r ,ugd`3i'4d"�V A-/ ii� IA-4I LA/TE� /OE .mod ,C dO C 4 T/G.cJAL. n AIR, , A L 770 J �/vi �✓i�E' 2TE. 1092 74 3 � � � N • �LqT GF ?EG'p?O 41 � v� 40—E4c/4A-' O/ST,Q/cT ,Q/G/S Lpc./,t/TY� V/?G /A -//A op Q ` Sc,gG 6 /" _ .25' ac'7-aSE2 /!o , /972 Ave /GG � � � A-1 [./ti!A TE E.C/G /A/lc- E"/2-5 Su2VE'V4,eS .-1 G �9NE ✓/!W Tw.vN3ES SGAG E / = 2 /`1/. F,2EU /cfs G'a c%c./T Y B a q 2� ,2 v S .25, �'R ���D F C. B�gs3 ,4G.ff. $�"`� � O S TE2 WATER AND d ERA RAGE cp T y NE 7-X4 .QE,40n NE•4LT.c✓ /2ECTd OE/oT. PT -4E KJEE Z/"/T 71� LDT E!�I`-dT `,III `.o.e GI d.or .4 s -4�zs (� P4T/-6S s Sa° a2' 28" sv /739' 8 05 11, Ili S v vY v D D A•eE,q U � 0 • �y � 4 `. � � L ITS .q //Jlc.pQ •54. FT. �qG.0 N � �%/� O Q LaTS B-O Jc'd.dd S4 FT ti�/N° aT� E /364 dQ 64• FT. E9L/! roe lb Q� � �SU2VEYa2'S CE2T/F/C.gTE B //GG5 , q CE/2T/F/E� Sc12�/[ Yci2 9 qd"'�.V PG,�7T �7-c/O %c/2VEY aF L-q/rEY/Eh/ Tas�/.v.�/OUS6'�� GAF/GE aF T�fE C/2Gu/T �ov2T •oF-�?E-OE2/cK cOutiTYi /2G/�//R - t�EEp t30�K L'98 /�q4E Sc�7. N .B. �T ,F ,C/ 48 ` 3/ ' 9d " H/ 2.2.7a t -A /s E -'s / •o E ?E4C.2 Eg 77,o'4,0/,q t_ q It Eq 1. --T 52 s #795 DANAC REAL ESTATE INVESTMENT CORPORATION V'TO DEED LAKEVIEW TOWNHOUSES, INCORPORATED rY �' o' \ scc{ 42G im t .52 THIS DEED, ;made tj is fll day of 11,�CjrC j� , 1974, �I between DANAC Real Estate Investment Corporation, a Virginia corporation, and MFS Service Corporation, a Maryland corporation, Jof tht first part, hereinafter Called the Grantors= Lakeview Townhouses, Incorporated, a Virginia Corporation, of the second part, hereinafter called the Grantee;.Joseph W. White, Trustee, of the third part, hereinafter called the Trustee; and Metropol- itan Federal Savings and Loan Association and American Standard Homes Corp., of the fourth part, hereinafter called the Benefi- ciaries. WITN-ESSETH: That for and 4n consideration of the sum of Ten Dollars .($10.00), cash in hand paid, and other valuable consideration receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty of Title, unto the Grantee, in fee simple, together with all rights, privileges and II appurtenances thereto belonging, all of those certain tracts or parcels of land lying and being situate in Opequon Magisterial District,.Frederick.County, Virginia, more particularly described as.those four.(4) certain parcels of land containing 2.452 acres, 2.579 acres, 0.410 acre and 0.493 acre, identified as Lakeview Townhouses Unit II,,Lakeview.Townhouses Unit.III, and Hackberry Drive on the plats of survey of Higgs and Shumate, Surveyors, dated July 2.0 1973, attached hereto and bythisreference made a part.hereof; and being a portion of the land conveyed to the 'i. Grantors by deed of Joseph W. White and J. Frederick Larrick, Trustees, dated January 15, 1974, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 423, Page 560;, LESS HOWEVER, those certain lots of land identified• i as Lakeview Townhouses, Unit, I, Building 1, Lots A, B, C, and D; LAW UNCES Building 2, Lots A, B, C, and D; Building .3,.Lots A, B, C, and LARRICK AND WHITE WINCNFSTEII.YINGINIA D;. Building 4, Lots A, B, C, and D; Building 5, Lots A, B, C, 1 1 42f �acF .53 and D;. and also those certain lots identified as Lakeview Town- houses, Unit III, Building 9, Lots A, B, C, D, and E; Building 10,! Lots A, B, C, D, and E; Building 11, Lots A, B, C, D'and E;. all said lots being.shown on the plats prepared by Higgs and Shumate, Surveyors, dated October 16, 1972, and recorded in said Clerk's 4 Office in Deed Book 409, Pages 4 and 5, to which reference is made for a more porticular description of said lots. The Grantors reserve for the benefit -of themselves, their heirs, successors and assigns a right of way over the land herein *conveyed, all streets and parking areas shown on the , attached plats and the roads described as "Hackberry Drive" and "Chinkapin'Drive" on the attached plats for ingress and egress to and from State Highway No. 642,.and each of the lots.shown on the plats hereto attached. WHEREAS, Metropolitan Federal Savings and Loan Assoc ia-. tion, assignee of Old Dominion Savings and Loan Association and Virginia -Savings and Loan Association, being the owner and holder of the unpaid notes secured by deeds of trust from S. Herbert Shackelford and Madge H. Shackelford, his wife, to J. Frederick Larrick and Joseph W..White, Trustees, dated May 19; 1972, and, August 11, 1972, and recorded, respectively, in said Clerk's Office in Deed. Book 391, Page 144 and in Deed -Book 394, Page 518, have requested that the Trustee release from the lien of said Deed of Trust the land herein conveyed; and, WHEREAS; American Standard Homes Corp., being surety on the completion bond secured by deed of trust'frota S. Herbert Shackelford, et ux, to J. Frederick Larrick and Joseph W. White, Trustees, dated August 7, 1972, and of record in said Clerk's Office in Deed Book 394, Page 523, has also requested that the Trustee release from the lien of said deed of trust the land LAW Grrl C[f LARRICK AND WHITE herein conveyedf•= i WINF)ICRTER• VIRGINIA t .,4 • ' e 1 WK 42G r^rf 54 NOW,. THEREFORE, THIS DEED FURTHER WITNESSETH: That', for and in consideration,of the sum of One Dollar ($1.00), cash in hand paid by.the Grantors to the Trustee' and the Beneficiaries, and other valuable consideration, receipt whereof is hereby acknowledged, the'Beneficiaries and the'Trustee do hereby release and quit -claim unto the Grantee all*'of the'property described in this deed, but it is'to be expressly.understood that the release of said real estate described herein from the lien of said deeds of 'trust shall.not effect in anywise the lien of said deeds of trust upon any other property thereby conveyed and not released hereby.. The Grantors covenant that they have the right to convey said realty to the Grantee; that the Grantee shall have quiet possession thereof, free from all encumbrances; that they, have done no act to encumber the same, and that they will execute such further assurances of title as may be requisite. WITNESS the following signatures and seals: t. t �; �I DANAC REAL ESTATE INVESTMENT .•`1rpcn'' 9RPORAT N By S E TEST t / • -s :Z-'-t/� MFS SER TCE% , CORPO TIO Bye`'' l ATTEST/ Lr Y N �S,z.C•.-�q�i% - r (��! (SEAL) R .� o:~' ✓os?P W. White, Trustee }. � • rr r __ - , METROPOL TAN FE AVINQS AND, LOAN i �. ASS CIA I N _ y /. ' B �} �f , LARRICK AND WN17�f' ... ' %••. ■I�CMEST[R, YIRiI A v it �� y/�� ��. i G A/'T'6 T s ip /. 77' A 2.a2..B V -ada. Sa' CNO. BQ �............... • t 60 a a BOOK 420 �Au f0 Z gQ155�/C',oPV� T4ly1^/.C./�Q�C/.SAS i .�.�eE�.Bich 4C.de-417X ✓i.2Gic/iA �:.� E sc.GicE/N=eras .Iu� y •z, ��3 . � � �. � sQ , ArJ • �d.vE•e' r4 44—~.dt14 wRrc4 44/ NACM-A t �- r .qil Id LVSTigdLIiO • J �' 3 �riL/TY sE�2vt-Es 7'v L.it7lvl�riA.c. L4T6 �� � � .clT'/L/Ty LE'GE".tJO • i BOOK. 426 `FACE 62 .r./AGrl dE.e.[�Y GY2/ v4g6 .1; '/N sc•�c.� r' � sa' ✓.ci�y ..a, Asa . sss! 39'2d ✓i.P6/.t./iA ^ t .4 Zi T s .53.29L' A s 11i• '..i 7� a •I. a..a0. r ls�.3 /' t„a,LO..E3�2 r .t/.F'�G'.�'.31 "� � �• _ c'No.: S-9 4S= ' G/+/G. ��. a ..f /dam S.?'•4�3 "E � � rr 2itd t.Mo• du-= = .? GSl.v.'.3/'E" 0 0 = /3' .64" d" .er GNP• s ..S1i.75' CNO..Be: _ .lJlr4►'-O?'.(d"/•'�/ Q i k cNGt = tad.s3' crr.cx Amum _ i _ . ® Q r //! 3/'-gyp" .e r /dpB•Gti,a' 2G2.65�' C//.O► AMC. Z • ' T r mod. T4�•' �q = /9Co •B/ ' ' G.MO. r /31le. •�.d' C/y(0..!�? - /•/mat'= �Sdi'/.2" , 4 61 ,. ;. 63 i . BOOK 426 FACE 63 L .gI•fE yi�-h/ �-ar1/.c�•�/�S r���-� •63 .dam" .f sSr 3!� .445'.E_ F'��' •� •ad-'•�-r�.' �� G i Z p2 • a Fj, OOlr -- -;� } L s7/TE.� iGE' a�'EG.eE4T�G•c./-4•G: A.eEA 3XX 420' 64' •'�-4c'i�fBE.E?Qy .ca2i ✓E .e/s�1/ -+'- I i K�� -T TAc i c./TG.t �i �/.4Y.t✓E"S ®d.eG — • 1� i GNP' f 65 Boor 426 racE 65 L/9/"'ifs�Y/EI1/ T.ar'�/•C./�•.�CG/�E'' �S?ie..� G = ,2,�•e3GL' CND• BL? r �T49s ..d • ate.. �T-y��. v n � "o �. 9�� �C cyio. B•�. = �T -v.9r �a � �N� �� �i_ G7:q �, GNO• s ,t -4. .v-49l. �.. .t•/ s��,=4 N h� LAKESIDE--LAKEVIEW TOWNHOUSES SECTIONS 1, 2, 3 0 BK84 I PAM Area Summary Area in Lots 2.2345, Acres Open Space 1.8727 Acres Parking 0.8583 Acres TOTAL AREA SUBDIVIDED 4.9655 Acres Number of 2—BR Lots 5 (Lots 106, 109, 132-134) Number of 3—BR Lots 40 TOTAL NUMBER OF LOTS 45 Existing Zoning: RP Existing Use: Vacant All property owners in Lakeview Townhouses are required to belong to the Lakeside Nome Owners Association. The Association is the owner of all Open Space and Parking Areas and is responsible for the maintenance of those areas. All property owners must pay an annual assessment for this maintenance. This fee and all other rules of the Association ore set forth in the Restrictions and Covenants attached hereto. TH OF l� �1 }}jj � jjj Gecfl®® H P. DUANE V O BROWN "' DATE: MAY 10, 1995 SUMMARY FILE#: -4164: PL6-I.DWG" _ Uyp 9 NO. 1265 g8bert w, clifford & associates. Inc. SHEET ENGINEERS - LAND PLANNERS - SURVEYORS ,�� SVRVEiO� t50-C 01d. Cir~.kh Drive 200 North Carwon Strout OF Fr.dwldobur% V+9tib 22401 w ~w. VV*10 22e01 6 (703) e98-2115 (M3) 607-2130 M4 1 PG0237 E SORW TINGCHINKAPIN DRIVE ) VA RT. 1187 ISHEWANOOM S 642T14• CAS CO. '1 ESW'T - 0'� r01'Rpo 0 'P1 E coSED r AgEA �•: N 1.0659 AC. -1,,'I C - 07-15*46' R - 510.00' T - 323> L - 64.65' 5ft29• �la CH -- 64.61' BOG /: / •i : , , . - S eaD5'06' E j/j �DRl11EE, E.AjCYCNI`%��; E,, DRAINAGE /J % '� /20' q' EASEMENT j i DRAINAGE i EASEMENT 10 ' SHENANDOAN N 56 1030r E / 178.00 GAS CO. ; ESM'T ADD•%. 20.00' 200. 20. \ , 20 00 0,20.00, 2S 00' yz /gJ � r! ; $ S ero " 7591. /$ a •¢¢ n a g __�,j(,((� ; ;..�.�� ..nth. .�N.•OSt• .�liQft. .�3t. .0 QQ'� 8 Fpq�Q � 1 �,-r, 1 A Fii FFii FFii = F7 20' SE 0AC OPEN S S' SIDEw l-K ESM T ' bs ,,;•�� $PACE Z 2b.00' 20.00' 20.00' 20.OE1 20.00• 20.00• 2aoD' 2s.00' N PROPosEo 5166l0'30" w 170.00' . ^e!� TOWNHOUSES SECTION v 30:: SEWER�9 ��19��.��s9 PAR KMC p+Q EX. ZONING: RP 4t HATER 4�4�w ✓FVrV 'AREA EX. USE: VACANT -EA-SEMENT. .^ W NOTES 116 — 111 MM4UM FRONT SE - 20 PARKING PAIIKC AREA � MpAIU11 BIRO. SCPARATARAD K7N - 30' Sim. 50' rr:UNT & REAR SEE SHEET 4 OF 5 o PERIMETER BOUNDARY SETBACK 30' SIDE TT ,,,,n� vita N - 50' REAR „�yTH OF ` 11e�1ik0Vn11eW li ®W6-- Sedu®IlIl v 11 `a l 0 is sO too P. DUANE VyO� BROWN a DATE: MAY 10, 1995 SCALE: 1" = 50' FILE#: "4164:131-6-3.0WG" NO. 1285 pNbert w. diNo l Al associates. Inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET 3 SU12VE 150-C Me, anwr.kA DrM 200 North Common Street OF hedw1*mbtw% V"hla 22401 WndlwlAr, "10 22M 6 (7" 896-2115 (703) 647-2139 �l .4 4 % n ��' R SECTION VOM'4K,(R!SES .� �• EX. Z04ftc RP 10' S1+ENANDOAH EX. VSE VACAVT GAS CO --�i„ I I = ♦ ,•49•s 1,e.2e' ESu-T 1 LOT 111 $ 23D0 sa R. $ `y t I $ SEWER n 01 T9'30- Z ,o WATER g w' A S4 TL k\n �• $ o E Sw' T I • ,�{ $ Y " LOT 113 d J 2000 S4 Ft ; i4 _m 1 LOT•114 $ '� 2000 sa Ft ,RR 1 bl > [8 $ o LOT 115 $I o PARKING '" I If+ 2000 SR. Ft G AREAuj 08 11 2s oTSq.Bt. �I •. n 01.49-30 w 100.00' 5 OPEN SPACE ,2z O� �~ S QI'49'30' EI-" ) 03 u A 3 LOT 1; I I $ 2500 S4 W Z, P►� 1� / I I >r 3 N 01.49*3AT11 2 S4PARKING g Y'LOT 11; o 00 I AREA - I N J m 2000 Sp. Ft +R . o O j 0: I $ Te W LOT 120 $ a OPEN % I ,J WIN 2000 S4 Ft V1 SPACE mK, +.Dees, Ac.lb LOT 121 y 2000 Sq.Ft C b "" Ci 38 N 91.49 3Q' W q. LOT* 122 CUM!, /, { R 2000 S4 Ft. 22.79- \ �. % ^N 01I49'30' w LOT 123 2209 54 Ft /V r H 'C J o- NOTES: --'-` - N 0''49 " W 14.32' �' I+} •>c�S��ZCi• MMMMW FRONT SETBACK 20' FROM PARKING AREA `('� �'� N,�' v V � MM*MW OL00. SEPARATION - 30' UX V ? V O' ,� - 50' FRONT k REAR 124 ,:' �•��'` ` c, Ky' r 4 �' . PERWTE'R MMARY SETBACK - 3W SDE %�': •'� :�.. ` _ - 50 REAR y�17f/��` �.}• zH of 4,,.`r II����dnc�� �°®�®�n�• a ��a®� III So :a 5e ,Kw P. DUANE BRO/N 7� a DATE: MAY 10. 1995 SCALE: 1" = 50' FILE#: "4164:PL6-4.DWG" NO. 12 S 911bert w. Clifford k associates. Inc. a ENGINEERS — LAND PLANNERS — SURVEYORS SHEET SURVE•� 150-C D1d. Or .kh shM 4 (-dw> Br'p�. iy pink 22401 Midl 2 OF _. (T03) eel-2139 6 SK84 1 FG0239 S 842r14- E EXIS/W TIN(; CHINKAP:iq DRIVE (60 R) VA RT 1167 10' SHINANDO GAS CO. Esu-T 0 P E 14 SPACE 0619 AC '0� 105 "NAl Am GAS tT 0 - SPACE S842rXr 3.4 7'0 M43 AC, rVJfFb-7 rfTP LOT 25M s,'O�k i --Il "2 DRAINAGE LOT S,& 10,3 ESM' ID Ft. 2000 ,& LOT 'CE 0.2643 AC N '53'56' E 95-W 2010T I aa PARKING 00 OI T — AREA 4 FL LOT 130 LOT Im 2533 ft Ft. 2000 f FL 10, S842 14- 1.1t too.. '1316' E LOT 129 LOT 99 11) ge 3i 2002 , FL 2-'00 Sq. FIL i.,?; 1 76- IN 'A 11477*f OO.W LOT '27 .00, 2025 S. It. \� I 131 i4 LOT 127 1 S P C E 2025 Sq. I't Ill 0 P E N,/' 1.0659 AC. 3. 26' 20 LOT25 Sp. Ft 126 - , WER- k F-- _.r-4 ATM PARKING LOT I- IESWT,• 5LKW C" PAREA 1C.8 Hea 2025 Ft. 2 8 �qT 12f 2 Scl. FL F, E. 10 5.26 1.2 l0t4ENANDOAh f'* I SEE SHEET 4 OF 6 GAS CO.as* UrFM'T N 0 TIF S: V WN11-1.0 FRONSETBACK 20' FROM PARKING AREA ,-k �c �ES np "0 MINIMUM eLDr.T SEPARATION : 30SIDE OPEN 50: FRONT & REAR SPACE PERIMETER BOUNDARY SETBACK - 30' SIDE S tt•\ , I - 50' REAR TH op "Imikewo(ew U(g)wz&(IDWW a sedn'01m VR 0 25 50 too P. DUANE O BROWN DATE: MAY 10, 1995 SCALE: I' - 50' 1 FILE#: "4164!PL6-5.DWG" NO. 1285 glibert w. clifforid & e6soclate3, Inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 5 d, 150-C CI& Orewkh OH" 200 North Cannon Str"t OF SURVO Fredwidwburl, Vlr*lo 22401 Welteder, Vff*lo 728M 6 (703) ege-vis (703) 667-209 BK84 1 PG0240 EXISTING CHINKAPIN DRI ,E - -_ - s e47T14• E (60' R W S 6)'12'a9• E 1419' - N Sp ACE 81 ^ h - 5 647rt4- E, TZ00,....;.�•., .. _ S�� 2e. I a ,2 ta- �/ are? 20.00'r 2Q00' ��, •.s ea 7' E` 72.00' `�I I35• S_E ?6.00' g Ai K ,�t/• W 35' S E A Kv bDq OPEN T SPACE r III 03643 AC. 8 108 8 O~ BOo W< R 3 = S 1 A E SO4 ,� ACK 26.00' 20,ar z6. _ 2000, r I g 2400' 26.00' N W 'D 19 84ZT1♦ Yr _ J �b 0�.�' 81b eo i N 047i•14• OPEN 7200' SPACE h-li 03613 AC. PARKING AREAJO' SEwfR k WATER '•'/ c H S i•1 --•� - ESM'i / r / rt"r• _ p i / 4' S 0 � OPEN SPACE 2& 20:00' 20.00' 4 ' 0.2643 AC. 5' 20.00' 23.00' -� .. 10 w A E :! T 20 C� DRAINAGE EASEMENT 20 S E B A C K4 Ln ; �Syz130 u 1v 4 .J W % 129 -- 16- r) sN s o 09 g aoa, 1n .. e 8 i, 10' SNENANDOAH GAS CO. ESM'T ` •: \ `-\�� Y 127 �� gay\ �.�� • \ \'•. �' S \ -fb - 2 70�0�0 20.0G• ' 2000' 1.19 j1.1C - 6' 126 4.62' , N 647rt4• w 6SO0' S ¢U- i , � OPEN furl SP41 NOTES: MINIMUM iRO41' SETBACK 1 44IAA�� 20' FROM PAION "G AREA ft ft `sf �y J� 10' SNENANDOAN t GAS CO. ESM'T--- `" ' ,Awwm BLDG. SEPARATION- Jo• Slot , v �' 10��ee-- t -- , SO' MONT t OEM l`�'/,y4►' �� PERIMETER BOUNDARY SETBACK SIDE 0'N Ap -'ryha•/ �� ' S30' O' REAR aP( i('c'SedIl®IIn V ll 0 23 50 100 ED DATE: MAY 10, 1995 SCALE: 1" � 50' FILEN: "4164•PL6-B.DWG" gllbert w. dlfford do associates. Inc.ENGINEERS - LAND PLANNERS - SURVEYORSSHEET 150-C Olds ar+�n kh OrM 200 North Corm o Street OF Fr*dwkk* r% Vkphlo 22401 whdratw, Nr*lo 22501 (703) e96-2115 (703) eel-2139 5 i a a O10(Np170� THIS DEED, made and dated this "10 day of Februarys 2001, by and between SH HO, INC., a Virginia corporation, hereinafter called the Grantor; and SHERANDO. LLC, a Virginia limited liability company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum. of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, 41 the Grantor does hereby grant and convey with General Warranty and English covenants of title unto the Grantee, in fee simple, the following property: All of those certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, about five miles South of Winchester, and more particularly described as Lots 63-90, (inclusive), Section V, Lakeview Townhouses, on the plat ofP. Duane Brown,.-C.L.S., entitled "Final Plat of Re -Subdivision, Lakeview Townhouses, Sections V, VI and VII," dated May 8,10 and 12 (respectively), 1995, attached to the Deed of Easement, Re -Subdivision and Dedication, dated June 26, 1995, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 841 at Page 220; AND BEING a portion of the property conveyed from Billy J. Tisinger, Sole Acting Trustee, to Shiho, Inc. by deed dated July 31, 2000, of record in the aforesaid Clerk's Office in Deed Book 972, at Page 321. Reference is hereby made to the aforesaid instruments and the attachments f, and the references therein contained, for a more particular description of the property hereby conveyed. CMEOOAY F. gUTCMIM=0N gYTC VMYATLAW SAW 6RAMOCK 9T 14C*4K8TBa, VA 22A09 OAtOORY F. -RiTo"w4now 4TTONNEY AT LAW M B. BRAODOCK ST. %PCF-Tbi. VA 22001 This conveyance is made subject to all easements, rights of way and N c.n restrictions of record, if any, affecting the subject property. WITNESS the following signature and seal: LO STATE OF VIRGINIA, CITY of WINCHESTER, to -wit: SBMO, INC., a Virginia t tel' , Y' The foregoing instrument was acknowledged before me in my aforesaid jurisdiction this ao day of February, 2001, by David B. Holliday, President of SHIHO, INC., a Virginia corporation. My Commission Expires: 31, -.)00/ SEAL) ay3j /NOTAkY PUBLIC.' t M i t � : J yo N a fIrrd �sr� VIRGINIA: FREDERICK C01jM SC r. -It This instrument of writing was produced to me on ' <In( withq,,.hficate of acknowledgement thereto annex-ed was admitted to record. Tax hnposed by Sea 58.1_802 of f0 • and 58.1-801 have been paid. It aaesssble 4OW 4-44a'-'J C3erk �rl\- BK841 PG0220 THIS DEED OF EASEMENT, RE -SUBDIVISION and DEDICATION, made and dated this 26th day of June, 1995, by and between LAREVIEW PARTNERSHIP, a Virginia Partnership, and WILLIAM E. DANIELS, NORMA F. DANIELS, ALVIN E. VETTER, and ANNA V. VETTER, parties of the first part, hereinafter called the DECLARANTS; FREDERICK COUNTY, VIRGINIA, party of the second part; and LAREVIEW HOMEOWNER'S ASSOCIATION, a nonstock Virginia corporation, party of the third part. WHEREAS, Lakeview Partnership has subdivided certain real estate in Frederick County, Virginia known as Lakeside Estates, Sections V, VI, and VII in conformity with the final master development plan for Lakeside Estates on file in the Office of the Frederick County Department of Planning and Development, the plats of which are of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 689 at page 521 and Deed Book 733 at page 633; and, WHEREAS, the DECLARANTS are the owners of all of the real estate encompassing said sections, with the exception of Lots 165 through 170, Section VII (see Sheet 6, Section VII of the plate attached hereto); and, WHEREAS, the DECLARANTS wish to re -subdivide all of the balance of said sections as shown on the attached plats drawn by P. Duane Brown, C.L.S., entitled "Final Plat of Re -Subdivision, Lakeview Townhouses, Sections V, VI and VII," dated May 8, 10, and 12 (respectively), 1995; and, WHEREAS, the parcels owned by Lakeview Partnership were conveyed to the following trustees on the following deeds of trust: (1) to Benjamin M. Butler, et al, Trustees, dated June 28, 1991, to secure First American Bank, of record in Deed book 762 at page 841; (2) to Commonwealth Abstract Corporation, Trustee, dated February 20, 1990, to secure First American Bank, of record in Deed Book 739 at page 217; and (3) to Philip E. Groves, et al, Trustees, dated March 14, 1989; to secure Shiho, Inc., of record in Deed Book 707 at page 666; and, BK841PG022I WHEREAS, by Assignment dated September 1, 1993, First American Bank of Virginia assigned its said deeds of trust (1) and (2) to Luke J. LaLande, Trustee, which assignment is of record in said clerk's office in Deed Book 806 at page 1237; and, WHEREAS, Luke J. LaLande, Trustee, the present holder of said notes, has substituted John H. Rust, Jr. and James E. Kane, either of whom may act, as Trustees on said deeds of trust, by instrument of record immediately prior hereto. NOW, THEREFORE, the DECLARANTS hereby re -subdivide said real estate as shown on the attached plats; and reserve a 5' pedestrian access easement across all lots as shown on said plats, in addition to all easements shown on said,plats. The parties of the first part do further dedicate Ali of the streets, parking areas, common open spaces, and recreational facilities in Sections V, VI and VII to the Lakeview Homeowner's Association for its use, which streets, parking areas, common open spaces, and recreation facilities as are more particularly described by the said final plats of the subdivision sections. It shall be the obligation of the association to take such steps as shall be necessary to maintain said streets, parking areas, common open spaces, and recreational facilities; and in the event the association fails to do so, then the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. The parties of the first part do further dedicate all of the surface drainage easements and facilities in said sections for public use and access, with maintenance provisions and use restrictions as set forth in the deeds of dedication of said sections. All terms of the deeds of dedication of said sections, of record as aforesaid, shall otherwise remain unchanged, including but not limited to the establishment of the property owners' association. OK841 PG0222 This re -subdivision of said real estate, as it appears on the aforesaid attached plats, is with the free consent and in accordance with the desires of the DECLARANTS and with the consent of the undersigned Trustees, all as evidenced by their signaures hereto. WITNESS the following signatures and seals: � O (SEAL) WI IAM E. DANIELS, Managing Partner, Lakeview Partnership, a Virginia partnership (SEAL) AL IN 8. V TT R, Managing Partner, Lakeview Partnership, a Virginia partnership s � (SEAL) I LI E. DANIELS, Individually AKESIDE Q STATES. LAKESIDE DEVELOPMENT COMPANY P.O. BOX 3276 WINCHESTER, VIRGINIA 22601 (703) 667-2120 October 19, 1989 TO WHOM IT MAY CONCERN: � (9[E L== OTT 2 31� E1 This is to advise you that the followih,areas of Lakeside Estates in Frederick County, Virginia falls under the existing Residential Performance (RP)rezoning. A part of the rezoning ordinance requires -the developer to "set aside" certain areas as "open space".. In order to maintain these "open spaces", a Horne Owners Association is also mandated as part of the ordinance. The following sections are affected by the above: THE VILLAGE AT LAKESIDE SECTIONS 1 THRU 8 LAKEMONT VILLAGE LAKERIDGE SECTIONS 1 AND 2 LAKEWOOD MANOR SECTIONS 1 THRU 8 LAKEVIEW APARTMENTS LAKEVIEW TOWNHOUSES SECTIONS 4 THRU 7 At this time, all paperwork is complete and dedications made at the court house for each section as the subdivision plat went on retard. The association, by laws, dedication, covenants and "open spaces" as they pertain to each section are on record in the ClerLs Office Frederick County, Virginia. Also, at the writing of this memorandum; the associations as they pertain have not been activated by the developer. Therfore, no dues are in arrears, or dues owing for the remainder of 1989. Sometime in 1990 all sections will be activated under the Associations by laws; and all parties will be notified by certified mail when th.}s activition takes place and when dues will be required. SUBDIVISION LAKEVIEW TOWNHOUSES, SECTIONS 6 and 7 zoned RP (Residential Performance) 9.148 acres LOCATION: Northeast side of Route 642, northeast of Stephens City MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING_: RP and A-2 zoning, residential and agricultural land use PROPOSED USE AND IMPROVEMENTS: 96 townhouse units REVIEW EVALUATIONS: Transportation Department - See attached letter dated 12/12/88. Sanitation Authority - Plats OK. Frederick County Fire Inspector - Will make fire protection comments on site plan or construction drawings. Stephens City Fire Company - Shall comply with Section 10 of Frederick County Code as a minimum. 1) Streets not named. 2) Hydrants not located. Inspections Department - Shall comply to Use Group "R" Residential, Section 3090 of the BOCA National Building Code 1987. Planning and Zoning - Proposed subdivision conforms to approved master development plan. Total number of approved townhouse units was 193; 189 units are shown. STAFF RECOMMENDATIONS: Approval. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-4133 June 2, 1989 Mr. Ron Mislowsky Ref: C/O G. W. Clifford & Assoc., Inc. 20 South Cameron Street Post Office Box 2104 Winchester, Virginia 22601 Dear Ron: WILLIAM H. BUSHMAN RESIDENT ENGINEER S'j1A1 Lakeview Townhouses Sections VI & VII Lakeview Apartments Section I Frederick County This is to acknowledge receipt of your revised plans dated May 25, 1989 to the above referenced locations. The plans appear satisfactory and are approved. Please advise the developer and contractor accordingly. I offer the following comments: - A preconstruction conference held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT shall be conducted prior to initiation of work. - Claterials used and method of construction shall apply to current observed VDOT Road and Bridge Specifications applicable during construction of this development. - Our review and comments are general in nature; should conditions in the field exit such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary System. - Attached is a copy of the minimum requirements and data for subdivision streets prior to acceptance into the Secondary System. This is the responsibility of the developer. - All drainage is to be carried within the right-of-way in ditch lines along the street to a pipe or drainage easement. - The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. - If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between the edge of pavement and the front of mailbox as shown on the attached sketch. - Private entrances will be installed in accordance to the attached sketch. This is the developer's responsibility. TRANSPORTATION FOR THE 21 ST CENTURY 1 Mr. Ron Mislowsky June 2, 1989 - Page #2 - - Any signs to be installed will be in accordance with attachments. Should you need additional information, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rh Attach. sc: Mr. R. L. Moore Mr. J. C. Heatwole Mr. R. W. Watkins Mr. F . E . 6Vymer COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703 ) 984-4133 January 12, 1989 Mr. Charles E. Maddox, Jr., P.E. C/O G. W. Clifford & Associates 20 South Cameron Street Post Office Box 2104 Winchester, Virginia 22501 Dear Mr. Maddox: WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Lakeview Townhouses Sections VI & VII Anar+r;eP.tS Section I Frederick County This is to aci:nowledge receipt of revised plans dated January 4, 1989 to the above referenced locations. The plans appear satlsfactcry and are anprovew. Please advise the developer accordingly. I offer the following comments: 1. Materials used and method of construction shall apply to current observed VDOT Road and Bridge Specification applicable dur=n5 construction of ....Is development. 2. If mailbo"es are to be placed along the roadway fronting lets, a min-4.-um four (4' ; feet shGl 1 be bett•:e -n tl,e edge o, pavement anu �t-e f __t .,_ mailbox as shown cn the attached sketch- 2. 2 :, c'".mmen are genera_ -n nature; mould condo . LJnz -__ - ;e f i of ui ex-_; s such that add_tlonai _measures -r e Warranted suc- : easuri s steal- be co:splet to the sat=sfact_., of t he Depa. tment p_ inclusion in t:e Secondary System. 4. Attached is a copy of the minimum requirements and data for subdivision streets and private entrances prior to acceptance into the Secondary System. This is the developer's respo=ib'-lity. 5. All drainage is to be carried within the right-of-way in ditch lines along streets to a pipe or drainage easement. 5. A preconstruction conference be held by the engineer and/or developer with the atterdarce of the contractor, various County agencies and VDOT prior to initiation of work. 7. A land use permit shall be obtained before any work is performed on the Department's right-of-way. Should you need additional information, do not hesitate to call. Sincerely, Robert B. Childress, Hwy. Permits & Subd. Spec. Sr. For: J. B. Kessler, Ass't. Res. Engr. RBC/rh Attach. xc: Mr. C. E. Mattox, Mr. R. L. Moore, Mr. R. W. Watkins, Mr. Dave Holliday TRANSPORTATION FOR THE 21 ST CENTURY 0 G. W. CLIFFORD & ASSOCIATES, INC. 20 South Cameron Street P.O. Box 2104 Winchester, Virginia 22601 7 0 3 - 6 6 7 - 2 1 3 9 December 23, 1988 Mr. Robert Watkins Frederick County Planning Commission 9 Court Square Winchester, Va. 22601 Re: Lakeside Townhouses & Apartments Dear Bob, Attached for your review is correspondence from VDOT & FCSA on townhouse and apartment projects at Lakeside. Is there any other information you need prior for placing us on the agenda for Planning Commission approval of subdivision plats. C EM/ckd Sincerely y'bours, E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates Frederick County Sanitatic 'authority Post Office Box 616 WINCHESTER. VIRGINIA 22601 L IEUT 3 OF MUSEDUUM TO L9. W �L�/�/�0�1 a 4l R' 'SaA l_1ycAF5 DATE EG. 4< o JOB NO. ATTENTION � G Ckr � DoX RE: L k� r�€w Tow ,koasE GENTLEMEN: WE ARE SENDING YOU E Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints P"Plans ❑ Samples ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION C O ST UGT/uw WiwT'S the following items: ❑ Specifications THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use El Approved as noted ❑ Submit copies for distribution ElAs requested M/Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO • SIGNED: , FORM 240-2 - Available from � Groton, Mass. 01450 If enclosures are not as noted, kindly 1 us at once. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER December 19, 1988 Mr. Charles E. Maddox, Jr., P.E. Ref: Lakeview Townhouses -Sections VI & VII C/O G. W. Clifford & Associates Lakeview Apartments -Section I 20 South Cameron Street Frederick County Post Office Box 2104 Winchester, Virginia 22601 Dear Mr. Maddox: As requested we have reviewed the above referenced developments. Attached is a copy of a letter dated December 12, 1988 from Mr. J. C. Heatwole with our recommendations. Please revise and resubmit for our review. Sincerely, Robert B. Childress Hwy. Permits & Subd. Spec. Senior For: J. B. Kessler Assistant Resident Engineer RBC/rh Attach. xc: Mr. J. C. Heatwole Mr. R. L. Moore Mr. J. B. Diamond Mr. R.. W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY oc,, o .-► �� !n �) ✓ EPA-RTHENT OF TRANS P0RTATI ON C.) I T R A- D E P A R T M E N T A L M E M 0 R A N D U H December 12, 1988 332-9120 TO: Mr. W. H. Bushman SUBJECT: Lakeview Townhouses - Sections VI and VII Lakeview Apartments - Section I Frederick County We are returning one set of plans with our recommendations as follows: 1. The radius at the intersection of Hackberry Drive and Chinkapin Drive to be increased to 50, as noted. 2. A curb drop inlet standard D1-3A to be located left of station 7+00 Chinkapin Drive with 15" pipe outfall. 3. All pavement transitions to be offset 8' from edge of pavement to edge of gutter as noted on all entrances. 4. A 20, drainage easement to be located left of station 9+75 and 14+40 Chinkapin Drive. 5. A temporary turn around to be provided at ,the end.of Chinkapin Drive construction. 6. CD-2 underdrains to be located in sags as noted on the plans. Please advise the developer and have revised plans re -submitted. C. E. Mattox District Location and Design Engineer 00 lir ` . - By: J. C. Heatwole Transportation Engineer JCH/mlm xc: Mr. R. L. Moore Mr. J. B. Diamond COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703 ) 984-4133 December 19, 1988 WILLIAM H. BUSHMAN RESIDENT ENGINEER Mr. Charles E. Maddox, Jr., P.E. Ref: Lakeview Townhouses -Sections VI & VII C/O G. W. Clifford & Associates Lakeview Apartments -Section I 20 South Cameron Street Frederick County Post Office Box 2104 Winchester, Virginia 22601 Dear Mr. Maddox: As requested we have reviewed the above referenced developments. Attached is a copy of a letter dated December 12, 1988 from Mr. J. C. Heatwole with our recommendations. Please revise and resubmit for our review. RBC/rh A each. xc: Mr. J. C. Heatwole Mr. R. L. Moore Mr. J. B. Diamond Mr. R. W. Watkins Sincerely, Robert B. Childress Hwy. Permits & Subd. Spec. Senior For: J. B. Kessler Assistant Resident Engineer TRANSPORTATION FOR THE 21 ST CENTURY E P A R T H E N T OF TRANSPORTATION T R A- D E P A R T M E N T A L M E M O R A N D U M December 12, 1988 332-9120 TO: Mr. W. H. Bushman SUBJECT: Lakeview Townhouses - Sections VI and VII Lakeview Apartments - Section I Frederick County We are returning one set of plans with our recommendations as follows: 1. The radius at the intersection of Hackberry Drive and Chinkapin Drive to be increased to 50' as noted. 2. A curb drop inlet standard D1-3A to be located left of station 7+00 Chinkapin Drive with 15" pipe outfall. 3. All pavement transitions to be offset 8' from edge of pavement to edge of gutter as noted on all entrances. 4. A 20, drainage easement to be located left of station 9+75 and 14+40 Chinkapin Drive. 5. A temporary turn around to be provided at the end of Chinkapin Drive construction. 6. CD-2 underdrains to be located in sags as noted on the plans. Please advise the developer and have revised plans re -submitted. C. E. Mattox District Location and Design Engineer By: J. C. Heatwole Transportation Engineer JCH/mlm xc: Mr. R. L. Moore Mr. J. B. Diamond O � !n �)�•,1 E P A'R T M E N T OF TRANS PORTA T I 0 N I TRA-DEPARTMENTAL H E H 0 R A N D U M n � �o December.12, 1988 332-9120 TO: Mr. W. H. Bushman SUBJECT: Lakeview Townhouses - Sections VI and VII Lakeview Apartments - Section I Frederick County We are returning one set of plans with our recommendations as follows: 1. The radius at the intersection of Hackberry Drive and Chinkapin Drive to be increased to 50' as noted. 2. A curb drop inlet standard D1-3A to be located left of station 7+00 Chinkapin Drive with 15" pipe outfall. I , 3. All pavement transitions to be offset 8' from edge of pavement to edge of gutter as noted on all entrances. 4. A 20' drainage easement to be located left of station 9+75 and 14+40 Chinkapin Drive. 5. A temporary turn around to be provided at Ithe end.of Chinkapin Drive construction. 6. CD-2 underdrains to be located in sags as noted on the plans. Please advise the developer and have revised plans re -submitted. C. E. Mattox District Location and Design Engineer By: J. C. Heatwole Transportation Engineer JCH/mlm xc: Mr. R. L. Moore Mr. J. B. Diamond COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/665-5650 TO: Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: !t k Weller Planning and Zoning Department , ATTN: Mr. Kris C. Tierney FROM: Robert W. Watkins, Director DATE: December 6, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Lakeview Townhouses, 3e.1iI RyYR!rta!�� or their representative, P. Duane Brown, G. W. Clifford & Assoc. 667-2139 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: SA�1'( l-B-jry0� l✓<p,; C�i.�D{�c /c7 fi i� �"l��7<<c bu s ��' �s V?,e n!s m J--� , 2 61 V'f.A'/ s a -r/ LDcr� o Signature it 1��� / :6�7��" ae-- Date / Z�B� 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 1 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority ATTN: Mr. Wellington Jones Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. Kris C. Tierney FROM: Robert W. Watkins, Director DATE: December 6, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Lakeview Townhouses, Section VI or their representative, P. Duane Brown, G. W. Clifford & Assoc. 667-2139 Please review the attached information and return your comments as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: SignatureCc Date ,��� �� QzLj 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 e COUNTY of FREDERICK Departments of Planning and Building M E M 0 R A N D U M 703/665-5650 TO: Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones ,eons Department , ATTN:; r. *sWXh L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. Kris C. Tierney FROM: Robert W. Watkins, Director DATE: December 6, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Lakeview Townhouses, 'Se,tA6* or their representative, P. Duane Brown, G. W. Clifford & Assoc. 667-2139 Please review the attached information and return your comments as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOCR� REVIEW COMMENTS: 1 c it.fl,1 � �L'ta'Fo I ' C��.IJ� c7cy��t l 6,�.� �, j � / -C Signature j ;� 1 h Date ]:—>.6_Ip . 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/665-5650 1W Virginia Dept. of Transportation ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. Kris C. Tierney FROM: Robert W. Watkins, Director DATE: December 6, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Lakeview Townhouses, S'titi n-n or their representative, P. Duane Brown, G. W. Clifford & Assoc. 667-2139 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature « Date 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/665-5650 TO: Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones '`Inspections Department , ATTN: Mr. Kenneth L. Coffelt "Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe `,Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. Kris C. Tierney FROM: Robert W. Watkins, Director DATE: December 6, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Lakeview Townhouses, Section VI or their representative, P. Duane Brown, G. W. Clifford & Assoc. 667-2139 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 k FINAL PLAT Lakeview Townhouses - Secflon V1 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 011 N N. 4 F C\-� )c ION P sCALE: roz.0, APPROVED FRED. CO. SANITATION AUTHORITY DATE ;eY4,09 PLANNING COMMISSION DATE SUBDIVISION ADMINISTRATOR -0 DATE VA. DEPT. OF TRANSPORTATION DATE lol-ZZ1.00 OWNERS CERTIFICATE The• above and joregoing subdivision of the land of Lakeview .Partnership, as appears in, the accomp anying plats Is with the consent and in. accordance with the desires of the undersigned owners, proprietors, and. trustees, if any,.. 4 ;. All property owners in Lakeview Townhouses are. required to belong to the Lakeside Home Owners Association. The Association is the owner of all areas shown as Parking Area " and Open Space on the attached plat and is responsible for the maintenance of th' po ose areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and 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 Lakeside Estates Is on! file at thefrederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE I hereby certify that the land contained In, this subdivision is a portion of the land conveyed, to 7 Lakeview Partnership, by; deed dated' March 14,1 1989, said deed recorded In. the Office of the Clerk of 'the Circuit Court of Frederick County, Virginia :4 In Deed Book 707 at page 671. ATU 0 P. Duane Brown, C.L.S. P. DUANE DATE: APTEMBER 27, 1988 COVER SHEET BROWN NO. 1285 gilbert w. cliffor & associates, inc. SHEET Engineers -Land Monaca Surveyors OF LAND 150-C Olds 0—kb D"- 30 9"s C. ft" ftelkk� VJ10" 2U01 CM) M-2115 Wbb~, Vftink xisol (IN) "7-2139 7 rievisea.marcri zu,1989 r •r F CURVE TABLE NO.� RADIUS ARC TAN. CHORD CH. BEARING 1 15°27S8" 15.00' 4.05' 2.04' 4.04' S13°16'45"W 2 07°15'48" 510.00' 64.65' 32.37' 64.61' S88°05'08"E AREA SUMMARY Area in Lots 2.0274 Acres Area in Parking 0.9319 Acres Area in Open Space 2.0052 Acres. Total Area Subdivided 4.9645 Acres No. of Lots 43 Average Lot Size 2,054 Sq. Ft. Lakeview T �Lr °�'� keview Townhou' sus Section V1 o r DUANE DATE: SEPTEMBER 27, 1988 CURVE TABLE BROWN SHEET 9' Now. 285 04 gilbert w. cliffor & associates, inc. 2 J Engineers Land Planners OF F� surveyors LA lD uo-c oia. o..a.i.h Driv. 10 a..& C-- 9-47 t Wada.i.Y.bo.g. Virginia 11/01 CM) M-1115 Wbd-"-. Vksi k 11601 (AM"7-mv Revised MArch 20.1989 r• � .l OPEN See he SPACE ~��" • t7of7) ` eI m S8 20' WATER ESM'T� 4°27'14-E~27023 .' \� o c ; mX OPEN SPACE - . 08 20' DRAINAGE EASEMENT \ Q - n o N88010_30"E 160.00' • o m I 30.00' 20.00' 20.00' 30.00' w 0060'30'E.36' , Q 4 y m e�lo O Oj ¢ OO ti s LL W p 0 ~� fp=�s -�- Oi 10 c�0 po.. o P C it�=j= y , c�=lLd .. �1 � S83°10 0"W"'7910 0 '-°° p0 JC J00 Oo p �0 O Jo J0 Jo) J8 N 20' DRAINAGE EASEMENT cq W 30 ° I WATER ESMT °1 30.00' 20.00' _!' S88010'30'W 20.00' Ll9.61' Q G 149.61' ° Q� jE�0' UTILITY EASEMENT ` -PARKING AREA , ;�i•1��°A N88°10'30"E SPACNE 20.00' 20.00' 30.00' Ld co V'co �0L m 1 20.00' 1 n I -. 1 20.00' ro S88°10'30"W 140.00' CO) OPEN SPACE S86°3034"W 24241' NOTE: MINIMUM FRONT SETBACK = 20' P. DUA E' C' BROWN; NO. 128 a LAN". lwC or. O. io Do.. I w.s.ww—s. vasw. zml caw) m-alai 20,1989 I ILA(evuew Townhouses Secdon dill DATE: SEPTEMBER 27, 1988 SCALE:1"z40' gilbert w. cliffor & associates, inc. Engineers Land Planners Surveyors an a aw n— am" Wis.e.". viry1W fa./a Call) e67-21M SHEET OF 7 REVISED JUNE 14, 1989 Fun S84 e27'14 "E-309.28' S84e27'14"E 40.00' 20.00' 30.00' o w 3 co ti u �p LL $ 1 Igo 1 0 v N ( �— �° 1= r I Cm O UD 00 �� Z I J n J (1 j t�q N , N84e27'14"W S P 140.00' T ARKING AREA - 20' UTILITY,EASEMENT ` 188.49' S84e27'14'E 85.5T \ \\\ Lot 132 te' 3711 S DRAAGE SEMEN 133� 8�I o \ I co g\ OPEN � SPAC`E� I I Lot 131 1700 Sq- Lot 130 1700 Sq- Ft. 129 NOTE: MINIMUM FRONT SETBACK = 20' P. DUANE I ' 41 BROW �� NO. 1285 O 1A NO 150 C 01d. QL-ICb Dri,. I14dwb:b.bwa, Virginia U401 (M) "1-211$ 'Ch 2C)-19R9 )RE DEVELOPMENT c°fo : OPEN SPACE "00" j (See Sheet,7 of 7) v S� 20' DRAINAGE EASEMENT �+e werf7rl AwC��nc —N— I S84 e27'14'E-270. S05e32'4WW-19.55' \\�S\ �Lot 105 $ _f \\\ 0 2550 Sq. Ft. r AC S Lot 104 8 N 1700 Sq Ft. cQi I 8 Lot 103 , 1700 Sq Ft. 3 0 Co EN SPACE Z )o Lot 102 IN 1700 Sq. Ft. R, g \ I Lot 101` 8 co 2550 Sq. Ft. co T i 85.00' N84e27'14'W � o �, z � •;I �\ EN SPACE tSee Sheet 5 of 7) 20' UTILITY EASEMENT eviaw Townhouses --- secidon V1 DATE: SEPTEMBER 27, 1988 SCALE:1 "c40' gilbert W. cliffor & associates, inc. SHEET 4 Engineers - Land Planners OF Surveyors 70 90.6 Owwae a". 7 wimb.aw, Vkgi k 22601 (m) "141» REVISED JUNE 14, 1980 (See Sh et,4 of 7) , r . / 4 of 133 20, DRA11yA �R 104? I \/ GE EAS AhVA 0E EMENT ` / FAS N r3o �l FMF \ �, ss, Lot 9 17°pS „9•Ft dot °128 11 Ft. t 1,27 2 is S9?F1 OpE/V SPA NOTE: MINIMUM FRONT SETBACK as 20' P. DUAN u,,oe%OWN a; NO, 1285 U Fp LA J� 101 Sp aD 13 aa 3 ``- N 4' opp.: w 4 it ►. J v `r qqs N 0 vg C'/r; b - / 3pT°"IN 123 '�, 68 3q 00, 30,00, � SPACE Sg8e1®0`W 1. Ex L-aKEVIEry roWA►H ouSEB , SEC, `, Lakeview Townhouses uses Section V1 DATE: SEPTEMBER 27, 1988 --]—SCALE:1 "a40' gilbert w, cliffor & associates, inc. Engineers - Land Planners Surveyors 1\D lie-C OW. 0—kbRN. RdafeW-2. Vkai.i. 2ml (ei) 696-2113 Revised March 20.1989 79wa-- Jar" wksh.wa. VkaWA not (lei) "1-2139 SHEET 5 OF 7 —N— 15' WATER ESMT FUTURE DEVELOPMENT _ S84 °27'14 "E-309.28' ---'--OPEN SPACES84°27'14"E 80,004'E 140.00' 30.0WC& 30.00' 30.00' 20.0of 20.0 A, � CO)S . .. t LL M LL N LL~. t3�pp twp r it 0 r o y <Vt$ c Ia *' 1= r Vi • ITV ZVtO r r la r �sla %9 U v g aJ Jr ZZ r• v— r 0 ° 0 lVl 0 a a P 30.00' 20.00' -- 30.00' 30.00' 20.00' �� -- 20.w $ cI c o o ° N84°2T14'W , 80.00' N84°27'14"W N84°2T14V 140.00' 12.00' . —; ` — .. 1 PARKING AREA '2714'E t 188.49' 20' UTILITY EASEMENT N FUTURE DEVELOPMENT 8 30.00' 20.00' 20.00' tu to O LL I � 1Xlz . Ui 8 LL I I� P" : 1- r C R r (� cd —j I 0 3 p a \$ Z N .^- vim— J a 1131 M 1 1130 30.00' 20.00' 1 20 _00' 42 83' 20' DRAINAGE EASEMENT-�'�\ OPEN SP '\ -- .31284.E \t 128 I \ 1 Ns8°� 127 J ti�29 pA, �\I N EX. LAKEVIEW TOWNHOUSES — SEC. IV NOTE: MINIMUM FRONT SETBACK se 20' P. DUANE �.sDuBROWN NO. 1285 Lakeview Townhouses Section V1 DATE: SEPTEMBER 27, 1988 SCALE:1 "r40' gilbert w. cliffor & associates, inc. Engineers - Land Planners Surveyors V{ Q 110-C OW a—l.h Drh. Mrr—�•• �•-0, vhsbi. 21101 C101) 016-2111 wised March 20.1989 20 3-6 Cry- V... Wlmh.. . vksw. 22601 (701) "1-2110 SWEET OF 7 REVISED DUNE 14, 1989 TEMPORARY' TURN -AROUND ES M'T. p gRkINQ ggFq / EX. ASEC OV D ll AfANOR. OPEN. SPACE .BB. 50604s'30 "E tr a v q ON c a 99 >� O O p o O' • ;' OPENSPACE "OON a 10.7369 ACRES 0Q� -� ti ro U� o opF \ \ Spq eF � o� 71 lsee sreet .�_ N05'32'46"E 19.55' DWATER ESMT o� P. DUANE DATE: MARCH 20,1989 , SCALE: Vt50' v�o BROW ,B pp ' SHEET NO. 1285 Silbert W. cliffor Bt associates, inc. 7 OF engioem. - Lend Planners LAND Sv 114-c Me a..-.* Dd. surveyors 11 a..s, Cmmm awe 7 Rd. W.b.g, vkfY4 II101 QW, W-2115 MYoh...t. v6yeY 3301 M 694M REVISED JUNE 14, 1989 f FINAL PLAT Lakeview Townhouses- Section V11 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA ECT it %* •L ••, .�tr' •` i i• f '. � •• . • ••, •• APPROVED BY FRED. CO. SANITATION AUTHORITY PLANNING COMMISSION DATE SUBDIVISION ADMINISTRATOR DATE �� VA. DEPT. OF TRANSPORTATION DATE OWNER'S CERTIFICATE F The above and foregoing subdivision of the land of Lakeview ­ Partnership as -appears in the accompanying plats is with the consent and i`n---�ccordance with the desires of the undersigned owners, proprietors., and t stees,. 'f any. F— VE All property owners in Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association is the owner of all areas shown as Parking _Area and Open Space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and 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 Lakeside Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE I hereby certify that the land- _contained ;in this subdivision is a portion of the land conveyed to Lakeview Partnership, by deed dated March 14, 1989, said deed recorded in ::the .Office of the Clerk of the Circuit Court of Frederick County, Virginia; in Deed Book 707 at page 671 �� fr P. Duane Brown, C.L.S. C P', DUANE ��' DATE: SEPTEMBER 28, 1588 COVER SHEET BROWN N0. 1285 gilbert w. cliffor. & associates, inc. SHEET A. 1 &$Io a - Lend Pleasure OF FQ LAND S'130-c ow a e w ww. Surveyors v wrdew.h. v1sh" n"i MM .swill. Mr.err. s• w M) -M 7 hIM. 77f01 C7ee1 e4-L7s Revised March 21,1989. AREA SUMMARY Area in Lots 2.5034 Acres Area in Parking 0.9412 Acres Area in Open Space 2.21 91, Acres Total Area Subdivided ' 5:6637 Acres No. of Lots a 53 Average Lot Size ` 2,058 Sq. Ft. Lakeview Townhouses — section VII P. DUANE DATE: SEPTEMBER 28, 1988 CURVE TABLE 'BROWN SHEET N091285 gilbert w. cliffor & associates, inc. 2 L4N0 Engineers - Land Planners Surveyors OF ie0.e oti. o..a..Wh oa.. 14dai.a.", viralda n401 (703) 990-2119 n s..e O..aa sa.w 7 WW bWu . V1.6da 22601 (Iw) as, CURVE TABLE Revised. March NO � RADIUS ARC TAN. CHORD CH. BEARING 1 35°37'51 " 585.00' 363.80' 188.00' 357.96' N40°42'2�9'E 2 15°17'48" 1038.00' 277.12' 139.39' 276.30' N61°0549"W 3 06°55'00" 352.00' 42.49' 21.27' 42.47' N65°17'13"W 4 85°46'26" 40.00' S9.88' 37.15' 54.44' N18°56'30"W 5 01 °03'09'" 505.00' 9.28' 4.64' 9.28' N23°25'10"E 6 37°01'21 " 585.00' 378.01' 195.87' 371.46' N77°02'05"E 21,1989. OPEN SPACE "NN" (SEE SHEET 7 OF 7) _ _N85°3259E-192.00' - �• A.—_ �y1•�' 0.00' 20.00, 30.00' 30.00' 20.00' 20.00' 30.00' l�r _ p- 20' DR INAGE. ASEMENT g _ X LL � I� I— 3 X t` . w 3 a� ago °$ °� ' of ( °� $'� Ito .- *-_1-_) •- 1 C Ni� O co p-1' O co a Cm La •.. at c (� � C 1- �+ C 1' *6 p 81 _Z "JN J� "�' NZ �N JCLQ ° 5' WATER ESWT - OPEN ° SPACE s • 0.00, 20.00' 30.00' 30.00' 20.00' 20.00, 30.00' • jam? S85°32'59'W1 02 0'"W \ \ 80.00' L y—� Lti PARKING AREA ,• ; \' UTILITY EA MENT N 100.00, OPEN SPR 30.00' 20.00' 20.00' 30.00' W 20' DRAIN GE EAS WENT co Al ` N1� yam, ��„ (e 1 •� SIN , 2) co Z N r N H f_ T� �' J W `r16.35' 20.00' 20.00' 30.00' -� Q iarZa S86032'59 �W : 86.35' 60, 20' QRAINAGE" N SPACE ; I EASEMENT �O st` 20' ORA#"" & �UTILITY EASEMENT F� s NOTE: MINIMUM FRONT SETBACK = 21T g,?LTli o� IL a'view ` OWMhOusc SCALE:1 "=40' P. DUANE G'r DATE: SEPTEMBER 28, 1988 o BROWSHEET V�4a.z "�"J_-_ �' Y gilbert W. cliffor & associates, inc. 3 NO. 1285 Engineers - Land Planners OF J�V Surveyors 7. m SwW co•"•" Snw FO LAND �ISO C oY. (k o wr Dd . Mi".I".1a, V",l"ia 27601 QD!) acr•II!! i#daldlu°•q, Maid. UOi (le!) Madttl Revised March 21,1969. REVISED JUNE 14, 19813 (Seejheet 3 of 7) / / � II S46_50'09•E - 85.00' Uj 8 Lot182 1 �" $SEMEN I N '- RAINAGESF_AOq. _ Lot 181 2 1700 Sq. Ft. / Lot 180 z 1700 Sq. Ft. FU_ j w ° o� Lot 179 ONQ as w (6 1700 3q. Ft. Ww— = w 0) w Lu d Lot 178 (L Ili to Col' 1700 Sq. Ft. Z'' Lot 177 2550 Sq. Ft. 85.00' �° �_ 7 W 8 Lot 176 co 2550 Sq. Ft. g Lot 175 jN 1700 Sq. Ft. CL ' - — /fa �� . Lot 174 1700 Sq. Ft. i u Lot 173 S 1700 Sq. Ft. z e Lot 172 1- / o, 1700 Sa. Ft. 02, 0 A -16" Sheet 3of7) —� OP&N SF '• I OPEN SP _ I / S46050'09_E 73 23' I 85.00, $ Lot 141 /g 3 ;M 2550 Sq. Ft. /CC,, ka zw e Lot 142 /-I J� ILU N 1700Sq. Ft. N J _ Lot 143 • . • . , I 1700 Sq. Ft. Lot 144 1700 Sq. Ft. 1KING AREA I . 8 Lot 145 8 N 1700 Sq. Ft. ` I 'DRAINAGE EASEME T• Lot 146 f8) V/l� 60 Sq. FtEN SPACE • 8� •/N� I y I /�co co 20' DRAINAGE EASEMENT Lot 171 Y a so 3582 Sq. Ft. 65 C$O 6a°�521•Y� J 20' UTILITY EASEMENT NOTE: MINIMUM FRONT SETBACK - 20' Lot 147 3060 Sq. Ft. u — Lot 148 1700 Sq. Ft. Lot 149 1700 Sq. Ft. r-- Lot 150 1700 Sq. Ft. Lot 151 1700 Sq. Ft. ., Lot 152 2550 Sq. Ftr OPEN SPACE 1 20' DRAINAGE EASEMENT mow\ (See Sheet 5 of 7) iCS M o� Wft °�'��, Lakeview Townhouses - Section V11 P. DUANE DATE: SEPTEMBER 28, 1988 SCALER "=40' v BROWN SHEET I NO. 1285 gilbert w. cliffor r associates, inc. 4 F� ►:� 3 ' J ki°gineara - Land Planner OF O .`� Surveyors LANO slo 15e.c ow a.wrr a«. fo 3-6 a"e.a a" 7 ar.s.W.M.a. Vbgb" Met (M) 694-7112 wk b. , Wqi i. 31601 (Aq) 667-2139 Revised March 21,1989. Revised June 23, 1989 , EX. CHI NKAPI N �80' RUNE ) i 'W-10.00' S70.15'33"E —18.35' N31 e38'04"E \ I c0.w Qw`' Lot 164 O 2550 Sq. Ft. 3 g 3 \ _ Lot 163 1700 Sq. Ft. , \ Lot 162 1700 Sq. Ft. 3 Lot 161 20' DRAINAGE EASEMENT�� _ 1700 Sq. Ft. 8 Lot 160 P\11 a \� 1700 Sq. Ft. Lot159 n CO. 2550 Sq. Ft. O 0 so W 0 cc m W m Y V a W EX. LAKEVIEW TOWNHOUSES -SEC. IV S31 SPACE I l ..- —.0u ,Lot 158 2550 Sq Ft. 1.ot 157 '• 1700 Sal. Ft. Lot 156 1700 LOt 155 � \� 1700 S4_Ft. I ` I $ Lot 154 I $ 1700 S4• Ft. f . Lot A53 I\ 'ig fig �50 Sq. F 95.0 9; � I RE DEVELOPMENT OPEN SPACE N31.38'04"E I' Im w -- — (, ' l 165 •. w 166 167 0 `+ R, 168 V : ( 169 'ARKING AREA - - — 170 49.19'59"W ( - ` (- ,•' OPEN �RA� I LU \ I 71a �pp,RK►NG AFC` _I _ • t:l R 12648'97'W \ �21.�0'\� OPEN^SP&CE \\ 20 DRAINAGE EASEMENT ry . 20' UTILITY E'ASEMENT—+.t:,) � NOTE: MIN 1S2 v tONT SETBACK - 20' 00 C� P. DUANE ��' DATE: SEPTEMBER 28, 1988 SCALE:1 "040' uroe� BROWNV y SHEET NO. & 1285 gilbert w. cliffor associates, inc. Engineers - Land Planner OF Surveyors Lq NO 6 190-c ow G—kb ori.. " a.— 7 n.r-iW b.a. Vkai.i. 22401 (703) 498-3115 Wi..k..., Vksiel. 32601 (709) M7-1199 Revised March 21.1989. Revised June 23, 1989 ;FUTURE DEVELOPMENT OPEN SPACE "NN" (SEE SHEET 7 OF 7) OPEN PACE \\� —� 20' DRAINAGE EASEMENT S58e21_56•E 140.00, 30.00' 2o_nn, __ >>6 yes »4 173 a 1?z t7f tLID 4. CT;ti I Ali I Ali I cLL _3 IO o J u JLnpJn 90 � �j 171 IRV Z _0'30.00' 20_00' 20.00' 30 N58'21'56'W 140.00, S58e21'56.E --- --- 22.26' PARKING AREA 20' UTILITY EASEMENT OPEN OPEN SPAC - ' �164 183 182 181 i1 1.60. Ir' 159 1 I I NOTE: MINIMUM FRONT SETBACK - 20' 0,lo`t P. DUANE T..- N0, 1285 0 LAND Lakeview Townhouses DATE: SEPTEMBEA 28, 1Q88 SCALE:1"_40' gilbert w. cliffor &• associates, inc. SHEET 6 Engineers - Land Phnum OF Surveyors 15e-C Old. Onw-lok Ori,. m 11..! Oriw" 9e." 7 Prdailiti Vkghl J3101 (701) M211J Wi=eWmr, Vk,ida 22601 (AJ) ff7-JI» Revised March 21,1989. 'I OPEN SPACE "NN" 0.7428 ACRES / EX. LAKEVIEW TOWNHOUSES / N SEC. VI SO4°27'01 "E 15.67' 00� 5' WATER ESMT r89 ei OPEN SPACE �g2 �0 i —z- o 111 oope tA,SpA� 116 N31 °28'35"W _ 155.60' 15 I OPEN SPACE \ ` 114 (SEE SHEET 6 OF 7) P. DUANE �Ocq a , NO. 1285 a LANDSJ� 20' DRAINAGE ESMT. Lakeview Townhouses -- Section V11 DATE: MARCH 21, 1989 I SCALE: 1 "-50' SHEET gilbert w. cliffor & associates, inc. 7 Entimo•• • Lena Flaum OF Surveyors M-C 01" n,+v. 2D ..at c."... e.. 7 w.. ddmbw& Vksb" a,ol gm waiu ?j'bm" vreak uwi peed epaue REVISED JUNE 14, 1989 FINAL PLAT Lakeview Townhouses sectioil Vi SHAWNEE MAGISTERIAL DISTRICT _ A FRSDERIC-K7rOl NTY, • Vl.RGINIA i Lj 01 ba�lin' ��' L CA ION MAP ,sue;E Alt z000' t " APPROVED BY FRED. CO. SANITATION AUTHORITY _. _ _ _ . _ DATE PLANNING COMMISSION —_ __ _ __j_ DATE SUBDIVISION ADMINISTRATOR— VA. DEPT. OF TRANSPORTATION -+(.__�— DATE OWNER'S 'CERTIFICATE The above and foregoing subdivision of the land of SHIHO, Inc., -T/A'- Lakeside Development, as appears in the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. All property owners in Lakeview Townhouses are required to belbng to the Lakeside Home Owners Association. - The Association is the owner of all areas shown as Parking Area and Open Space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay fpr ,this maintenance. This fee and all other rules of the Association are set forth in the7 Restrictions and Covenants attached hereto. A copy of the Final Master Development Plan for Lakeside Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a Portion of the land conveyed to SHIHO, INC., •'T/A Lakeside -.Development, by deed dated August 5, 1988, said deed recorded, in the Office of the Clerk of the Circuit Court of Frederick Gounly, Virginia in Deed Book 689 at page 516. Nan 0 P. Duane Brown, C.L.S. o P. DUANE� DATE:. SE•PTEMBER 2�, 1988 -C4NER SHEET BROWN NO.1285 gilbert W. cliffor & associates, inc. SHEET 1 A Engincer/ - Land- Planners .. OF Q �JP Surveyors _ LAN.P 100C Oa. Onorbb ulna 10 S-1h c]mar.o mar 6 NradW kxbsu9. Vi{bl. 32401 (rw) 896-2113 Wi-b..W. Vbgm. 32601 (103) 66/-2139 -V415 IS )0T -THE UPfl,ITED GIQ�>l b i� NO. a RADIUS ARC TAN. CHORD CH.BEARING 1 15e27'58" 1 15.00' 4.05' 2.04' 4.04' S13°16'45"W Area in Lots 2.0274 Acres Area in Parking' 0.9319 Acres Area in ,Op:en Space 1.2683 Acres Total Area Subdivided 4.2276 Acres No. of Lots 43 Average Lot Size 2,064 Sq. Ft. F. DUANE �' DATE: SEPTEMBER 27, 1988 CURVE TABLE BROW NO. 1285 O4 gilbert w. cliffor & associates, inc. SHEET Engineers - Land Planners - --- OF FO �jJ� Surveyors (� �D I30-L' OWe C:-irh (hive 20 tiouar (lu . S.... 6 I§dmick.hurg, Vhgini. 22401 (iO3) 898-2115 Winch-, Virginia 27.601 C103) 6672139 1 FARE p EVEIOPMENT - I m x r a 23' _ O ;9 m R' _OPEN SPACE --_ z 00 . 20' DRAINAGE EASEMENT -0 O N88°10'30"E" 160.00' ` m c I= 30.00' 20.00' 20.00' 30.00' t �o�,S06°49'30"E"46.36' --mot O I�� _ 1 02 0 : _ cn _ m 3 v / Mlo O LL p O�Y d- a*L tiLL u- LL �� ,� r (� old cn I_ .. (n.I. =1= -t- d -i_ d 'o v �l79.I : �O� 0 u) +. •I- o o I i ,►+ -1-.. cq r �''I :. 1 - 0 10 r co o o ,J o 0 0 0 0 0 0 Lo O rn S83 10'30"W" I� o JLo T J O J o J oo J p J rn z Lc\jo o r o N o 20' DRAINAGE EASEMENT m 15.38' 1 I S40140'30'W 30.00' 20.00' _ !' 20.00' 19.61 ' _oGco S88 U ;14961.61' -20' UTILITY EASEMENT _ PARKING AREA ' OPEN N88010' 5l SPACE 20.00' 20.00' 30.00' 0 o. U) O 0) co LL n LL tj t� Lucm C> c(�p (tq Cp pl 0 O J� J0 I +� =1' r Jo Oo 0 ILo � M jLo co° 10 O. z k0 � m m ai 20.00' 11 20.00' 30_00' r- S88010'30"W 140.00' OPEN SPACE S860 '34"W 242.41' NOTE: MINIMUM FRONT SETBACK = 20' 4 4 c� P. DUANE DATE: SEPTEMBER 27, 1988 _ SCALE:1 "=40' _ BROWN:: .' SHEET NO.128 gilbert w. cliffor & associates, inc. � 3 Engineers - Land Planners FO 5J� Surveyurg ,. O�+F LANE) V 150 a oWe Oremw cn DNrc 20 S,wla clmoon 4 em 6 Wdariek"b"r`, Vnii0i" 22'401 (/03) 9"2115. Wincb—ff, Virginia 22601 (103) 667 2139 0 m 'r--� FUTURE DEVELOPMENT S84 °27'14 "E-309.28' -- S8402720' UTILITY 20.00' 30.00' EASEMENT W _ N16 - Ib� l p"81 I M °0 O c o N °D I .'• . ' v) 20' DRAINAGE S84 2714"E-270123- ro z J -� � I EASEMENT S05°3246 W-19.55� N (n S84027'14'E_ 105.00' \\ g\\�Lot 105 8 Y _ 2pp 30.00 \ 2550 Sq. Ft. p• OPF,N \ ° " \ N84 27114 W SPAC '0- 14.00; — � -- . Lot 104 8 1700 Sq. Ft. R ARKING AREA - I - _ w Lot 103 _ $ 20' UTILITY EASEMENT ; I 9 1700 Sq. Ft. 3 ,M I. .. 0 11 CO co S84827'1 "E SPACE ' . l z o LOt 102 c \ 1700 Sq. Ft. 0 \ N \ o \\ �� �� I g Lot 101 0 — -+ I . \ Lot 13 2 � 0 2550 Sq. Ft. o cocN2 7 1 Sq. Ft. 8500' I M DRAINAGE EASEMENT ' . N8805&,56"E 'G \ N84°27'14'W pm Lot 13' $ I EN SPACE �o 1700 Sq Ft' 13 g2g ,�, \ 'DRAINAGE O \\ EASEMENT o \\N Lot130 I 1700 sq. Ft. SW53 W Cl) OPEN 129 $ SPAC`E� I 5 of s) I` (See Sheet 20' UTILITY EASEMENT NOTE: MINIMUM FRONT SETBACK - 20' Lakeview ` ownho um --- Section VJ -'P. DUANE DATE: SEPTEMBER 27, 1988 SCALE:1"_40' BROWN N0, 1285 gilbert w. cliffor & associates, inc. SHEET n� 4 8nginoers - Land Planners OF cp G4N10) 5� Surveyors c 130-C Old. Cremwich DV rira Nrdarieksborg, Virginia 22401 (703) 599-2113 Winnbsalm, Virginia 22601 (103) 6611-2139 (See Shee (See of 6) Shoot 4 of 13, BRA/MENr � l •. - j loz— \\ le4 40 4 t 130 FME '7\ .0b7 C\1 Ot 1700 co v Lit 0 \ L 'J? 1-?00 8q8 . rt. C) d C-3 Lot 127 �?Sjss q. Ft ' 0 OpE'V qPA 0 SIG . /0-1011 azv C\j J, pE P�\ ASq E-- to P: N \\;'.\ �._ _�_.IEASSMEIVr 71. PA' A%4 IUj Sir .0 V48,1- \\� 12.00,0, 6n V80030. QN RA/Ad �V.uol lvd 0 .-v- - 1 .00, ON Zvi C-4 0- CO /v-. C); /Cv Li CD 0 -lz._ Co —j R- 1. 0 zz 60' Cv -j 0 0 �:/_z 'j 0 -J 0 0 j Jr G)d -j co �11' tl� 0) A? 0 /Ca q- .66, 0 0 ca I.Nt v- 0.00, V-ja S8,q co 16 Cl) 1;v sr 0, 60 30.00, C _OPEN Z8-300.00, U SPACE 1030- w in 140 .0 i4 Ex LAKcVle W 7-owiv 1j, Ho SE SEc. NOTE: MINIMUM FRONT SETBACK = 20' X-45 P, DUAN5. U "u . vv K 1285 4:t- L4ND OP11- Lakity,lew ToVnhDvats —,"s-voct'lan. DATE: SEPTEMBER 27, 1988__ �LE:l "=401 gilbert w. cliffo*&associates, inc. SHEET !- 5 Engineers Land I'lanners O S v yors F 150 C Olde Greenwich M— 6 Rulericksburg. Virginia 72401 (103)Wi..h'star' Virginia .8992115 2701 ('103) 667-2139 q v i FUTURE DEVELOPMENT — -w S84 °27'14"E-309.28' OPEN SPACE S84027'14"E _80.00, S84°27'14"E 140,00' $0.00, 20.00' 30.00' 30.00' 20.00' ir_ 20.00' W in S�- N - 00 _ I Lu co W tt V- M LL CV LL 3 ll I L LL LL co 1Iv =1� �co � i,ouC.)03in O p o o i�f.Nrpp^ZJNJJtoJJwj N .. Yu 0 Lo O (D 30.00' 1 20.00'. 1 30.00' i 30.00' 20.00' �� 20.00' o =L9- N84027'1\ N84°27'14"W a6i 80.00, N84027'14"W 140.00, L 12.00, �, • PARKING AREA' _._ o'+ - S84027'14"E .�T --- r 188.49' 20' UTILITY EASEMENT N V —1 1 30.00' 20.00' 20.00' 32.92' --` N � W �p U- U- '� L` c� u 0l\ 132 M� JN J JZ �I 131 FUTURE DEVELOPMENT- M _ </20-ODRAINAGE 20.00' 42.83' T 12.83' �\ �2 GE EASEMENT='\ 0 129 SPACE--_, - --- / 2-2 � 1 128 16 CA 127 EX. LAKEVIEW TOWNHOUSES -SEC. IV _ NOTE: MINIMUM FRONT SETBACK = 20' �TN P. DUANE "YA V � W NO. 1285 ~ Pi0 0 L tvatw Towns : rusts --- Seclim VJ - DATE: SEPTEMBER 27, 1988 SCALE:1 "=40' gilbert w, cliffor & associates,, inc._ SHEET Inginccrs - Land P:anncrs VC Survcpors OF 150-C Old. Ol ich Once I"daricksbwS, Virginia 27.401 (103) 899-2113 r 20 8o 0, 6'unarrn Ytraal 6 Winchcnm, Virginia 22601 ('103) 667-2139 I r _e �• • Y 1rY11 .. 'J _..Y .4. rrr\ r�.Jw Y r j ✓o�4° LAKESIDE--LAKEVIEW TOWNHOUSES SECTION 6 COPY FOR YOUR INFORMATION COUNTY of FREDERICK John R. Riley, Jr. /'►7b)0 County Administrator 540/665-5666 Fax 540/667-0370 October 23, 1998 Lakeside Homeowners Association, Inc. Attn: Mike Wilson, President P.O. Box 3276 Winchester, VA 22604-2476 RE: Lakeside Open Space Dear Mr. Wilson: I have reviewed the information depicting the open space areas within the Lakeside Subdivision that your association desires to dedicate to Frederick County for public use and maintenance. The Board of Supervisors has expressed a willingness to accept the remainder of the lake and spillway, as well as a small area of the land surrounding the lake to alleviate the liability concerns expressed by your association. Unfortunately, the information provided indicates the desire of your association to dedicate eight tracts of land which comprise the entire open space area within the southern portion of this subdivision. The Board of Supervisors is not interested in accepting the dedication of open space land as proposed by your association. Attached is a copy of the Lakeside subdivision that has been marked up to demonstrate the general limits of the open space that Frederick County is willing to accept. Please be advised that the creation of boundary line adjustment plats and documents for the deed of dedication for this purpose will be the responsibility of the Lakeside Homeowners Association, Inc. Please contact me if you have any questions regarding the information in this letter. mcerely, John R. Riley, Jr. County Administrator JRR/eaw cc: Board of Supervisors Ed Strawsnyder, Director of Public Works Eric Lawrence, Zoning and Subdivision Administrator 107 North Kent Street • Winchester, Virginia 22601-5000 - v \ • a loa tx w s°f no let tle wo „ trN• l=f' ar. lrr'e• _�� 6/27/97 \ ■'t to � m na all \\ a— to a.• w••r• rr IL Im °i• LAKESIDE HOMEOWNERS ASSOC LALC tt°ta N ea w , .10 Y no BOUNDARY MARKERS R w o r N ■ It r+ r o.« trw � r!j eo ,p +• m ra a.. ar..'N• i at•r[ dalifl.N . N 3 Nr 'a+ IN It Me as/ RLL•Y■NN alalY°N O /\ v' '�■ 1„ ww 1! '� / • � •, O i`r � CA IA „ ❑ « •r•+ ' e • • "l O as N . 1 ' O ❑ » " !M MK r • rr m •, (� n Y. L.a Y a. I•nNutN e Y « a �.. ir•a • W VI00 r r , 'Y N y, rtf u 6 na In ��, L•••� •• I r N • '� i� tl N W aA M fo / Or� uRhltApM �MK erw ■■r.1Np a a • Y ' « ' u• m pp N as 1° L N » r » N ,l , .""•"" ®®®lTn,, eN.lrY: rr N• pRIVt ua u• °a w1 '°' ar '� al / /A O � rr�f�.��"'++17 .t„ .,,hl,,. aw lN.. Y• ,�, CMNKAPI a... r... t' N M » » v '°r „ y� e n � » „ • N � _ `� O / ® ® ® k7 w » „ tal ; :a t, » tl O�pEN pt p » r, • m Q / ® \irlop ®pit w » »• so N » R N P CHINKAPIN OO \?T} ., Le » ° » ■+ n >t N 6\ » p i O » N■ ltr t• I• » ! N N N� „ ~ N N N r. !.!■Tal►, 1■. ®® p • .. » n pIK u « » A N N / O \ `O ® � a » » » tr pK RY N N k• ,o �� n m ® ®� N » « 70 1f » of N N M « f, N •a , la r \ amERR RIY 13 a N r r � •l� »« ro » » u ,r o•,gK,M C nt ar \L N I! „ a• l l 11 a..•(.... s l a r a • p .1 1 ,a � n n „ » 0 1 n » •t � „ rto I» at �• a l t 1 1 r 1 " t^ 't POS Lf tl u = ,• is y» °a Aar •+`� .• l! '�,,.� l � • 1 1 i r 1 , 1 •, - y � tt „ » n » ■e �� N: N \ n+•a D Q\.POP �° , . \ �. L L. i �_j_ 1—J pgPEN1»I:a Ya a, Ya \ 1 — tl �• • ta, 4�tr i 7. ARI .f\,C" V ,�lti • ��-L^ �•��" / Il t, Si4ii N e1 INw IA \,•,• Yr,•sr.e••t• __JC�� „1iL is IA2� »l� - A, Nrr a a » G. a N �m lb S roam \- tin a«, tar•N+ •. fNer a' _ 7 _ ='\t^ . a, ,. / \ /•f`� „ N .. `� w m i ■!'. i '-'� � « I j �J� ��C s■ Y •. �'C����r , o a as �a o, '°• � �. 20 1' i -�.y// t•/ ram,-�~- 1 r q • l: ~ E*`P r: �•� r ' ar.• f•••• •.- 1 itnulr ■L.TYYY7 Y LAKESIDE IDrt.Y^— r ,�i"� 1. �_�.! ► . , 1. Y II a•a[ T l If a j .P-- CAI( L• �f + ■ 1 a ,0 ! •.«•« •o s1 LAKESIDE DRIYE J . i�_TH r�T" 1 „ �/{ 1 I „ 1 N Tom., FS-0E CRIvE 'L'-a » IIt 1 1 1%'-"'l 1 1 1 It ► r-11 T-..` _L'-� IMu• ' `�•�—^- r \ 1 1 1 1 �3< la /o /C + `♦ 1 �k" l� /\i�\ 1 \ ..•.c4�OLi'�\ta \��. I T / ��o ���\\ \X \\ N��Zt/ �\� / \Y�d/(\ \1�, 1L rl /// ���>- �' E� 1 51 a R 'W-R,IfflR COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG,22824 COMMISSIONER (703) 984-4133 April 8, 1991 Mr. W. Wayne Miller, Zoning Administrator Department of Planning and Development County of Frederick, Virginia P. u. Box 601 Winchester, VA 22601 Dear Wayne: WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref.: Lakeside Drive at Lakewood Drive Frederick County I recently met with Mr. Ken Stiles, Mr. Bill Stover, Jr., our maintenance Superintendent, and Mrs. Vannoy at the above intersection. We are looking into this drainage facility and assessing and evaluating various changes to the channel and pipe. As I indicated to Mr. Stiles, I will be getting pack to him with our recommendations. It is possible they can be incorporated into changes we make in Fredericktowne on Bedford Place. If you have any further questions about this, please let me know. Sincerely, r�;, William H. Bushman, P.E. Transportation Resident Engineer WHBjsl xc: Mr. Kenneth Y. Stiles Mr. John R. Riley, Jr. Mr. W. L. Stover, Jr. g fly v . •. Li �I 1 1% I IA TRANSPORTATION FOR THE 21 ST CENTURY COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 MEMORANDUM TO: Steve Owen, Assistant County Administrator Harrington Smith, Shawnee District Supervisor FROM: Wayne Miller, Zoning Administrator (�`(� f I RE: Stormwater Damage in Lakeside DATE: October 17, 1990 The purpose of this memo is to document the visit of Mr. Owen and myself to the Lakeside area on October 15, 1990 to survey the damage that occurred during the heavy rain on October 13, 1990 mainly along Lakeridge Drive and Somerset Drive in the Village at Lakeside. Significant damage had occurred along the east side of Lakeridge in the front of the duplexes there. The damage increased in severity the farther down the hill it went as it proceeded north. Gravel driveways and front yards received varying amounts of damage with eroded surfaces and from deposits of silt and gravel as it proceeded down the slope. We also inspected the damage around the large culvert that crosses under Somerset just east of the intersection with Lakeridge Drive. The upstream end of this culvert received considerable erosion around the end at this point. This area was again surveyed on October 16, 1990 with the following people being present: Kenneth Y. Stiles - Chairman, Board of Supervisors Jim Golladay - Chairman, Planning Commission Charles Maddox - Engineer, G.W. Clifford & Associates Paul Bernard - Engineer, Donohue (County Engineer) Wayne Miller - Zoning Administrator Lanny Bise - Planner I The purpose of this visit was to have the County engineer and the developers engineer survey the stormwater damage so that an assessment and evaluation can be made that will ultimately result in a recommendation from our engineer for correcting the problem so that we can hopefully head off a repeat of this damage. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 4 - The damage to the large culvert on Somerset is in the states ROW and I understand this is to be repaired by VDOT. They had in fact put a protective snow fence around the area to prevent someone from falling into the large crevass that had been created. We will continue to work this problem and intend to require the developer to make corrective actions following the report from the engineers. PETER H. MCKEE (1934-1967) BENJAMIN M•BUTLER STEPHEN G. BUTLER MICHAEL L. BRYAN MCKEE AND BUTLER. ATTO$NEY9 AT LAW II .SOUTH CAMERON STREET P. 0. DRAWER 2097 WINCHESTEB, VIHOINIA 22601 -1297 March 7, 1985 Lawrence Ambrogi, Esquire Attorney at Law 5 North Kent Street Winchester, Virginia 22601 Re: My File No. 5611 Lakeside Development Company Dear Larry: AREA CODE 703 TELEPHo" 662-3486 PLEe6E REPLY To: P. O. DRAWER 2097 In anticipation of the questions which will be raised concerning the "Recreational Area" involving Lakeside Estates and which promise to be surfacing at the Board of Supervisors meeting, the following capsule of the developments known as Lakeside Estates and Lakeview Townhouses is set forth. It should be remembered that Lakeview Townhouses and Lakeside Estates are two separate and distinct develop- ments, even though both of them were started by Herbert Shackelford. With respect to Lakeside Estates, the relevant deeds of dedication appear as follows: Section 1 - Deed Book 327 at Page 588 Section A - Deed Book 348 at Page 147 Section 1, Lots 6-12, Section A, Lots 5-27, Section B, Lots 1-8, Section C, Lots 1-2, Section D, Lots 1-2 - Deed Book 349 at Page 551 Section B, Lots 15-19 - Deed Book 361 at Page 399 Lawrence Ambrogi, Esquire March 7, 1985 Page Two Section C, Lots 3-6 - Deed Book 367 at Page 396 Section B, Lot 9, Section C, Lots 7-8 - Deed Book 385 at Page 37 Section B, Lots 9-13, Section C, Lots 9-11 - Deed Book 388 at Page 592 Section C, Lots 12-20, Section B, Lots 3-24 - Deed Book 393 at Page 651 Section II, Block 1, Lots 1-6, 1-10, Block 2, 20-5, Block 3, Lots 1-11 - Deed Book 407 at Page 572, and Corrected at Deed Book 462 at Page 566. You will not find a reference to anything remotely resembling a Recreational Area in any of the above deeds of dedication and I would invite counsel for the owners to set forth any rights by means of the deeds of dedication or any deed which they might have taken from Shackelford or DANAC Real Estate Investment Corp. and MFS Service Corporation. With respect to the Lakeview Townhouses, the relevant deeds of dedication are as follows: Unit One - Deed Book 409 at Page 1 Unit Two - Deed Book 398 at Page 448 Unit Three - Deed Book 409 at Page 1 Lawrence Ambrogi, Esquire March 7, 1985 Page Three I can find no reference in the above deeds of dedication to Recreational Area. The Recreational Area seems to be treated as an afterthought. As a matter of fact, in Deed Book 427 at Page 777, the declaration of covenants and conditions and restrictions was placed to record concerning the Common Area. I enclose a copy of those restrictions for your consideration and I would direct your attention to the page 4 recitation concerning Common Area as well as page 5, page 6, and page 8 of that documentation. I have highlighted the relevant items on each of those pages. This declaration was followed up with a deed of the Common Area to Lakeview Townhouses, Inc. which appears in Deed Book 426 at Page 52 and was later cor- rected in Deed Book 453 at Page 467. At no place is there any mention of the Recreational Area except that area bordered by Chinkapin Drive and Route 642, which is a triangular shape of land just to the South of Unit One Townhouses. You will see that the conveyance of the 1.659 Acres is the land upon which Unit One buildings are located, the 2.452 Acres is the land upon which Unit Two is located, and the 2.579 Acres is the land upon which Unit Three is located. The .410 Acre is the land constituting Hackberry Drive which lies to the Northeast of Unit Two and the .493 Acre is the land which consti- tutes Hackberry Drive lying to the Northeast of Unit Three. One of the land owners indicated that there is a reference to Recreational Area and a plat, which cannot be found in the Clerk's Office. This reference made by James Sylvester concerns a deed of trust which is dated February 25, 1972 and was from Lakeside Estates, Inc. to Joseph White, et al, Trustees, to secure Old Dominion Savings and Loan Association the sum of $30,000.00, which is of record in Deed Book 387 at Page 338. Mr. Sylvester points out that there is a description under Parcel Two of 29.480 Acres bound by property of Lakeside Estates Lawrence Ambrogi, Esquire March 7, 1985 Page Four Recreational Area. It is submitted that this does not constitute a deed of dedication as the plat referred to was never put to record. I think that clearly shows the intent that there was no desire to dedicate any Recre- ational Area; otherwise, the plat would have been put to record. Secondly, it is interesting to note that there is no mention of it in the later deed of declaration which appears in Deed Book 427 at Page 777. Again, it is submitted that there was no intent to dedicate any Recreational Area. With respect to the chain of title and lack of reference to any Recreational Area, I would direct your attention to the deed from Joseph W. White, et al, Trustees, to DANAC Real Estate Investment Corp. and MFS Service Corporation, of record in Deed Book 423 at Page 560, dated January 15, 1974. It is this Trustees' deed which forms the chain of title to the Grantor from whom my client purchased the land. There is no reference to any Recreational Area being reserved other than the reference which appears in Deed Book 423 at Page 563, under Sixteenth, to -wit: "That portion of land known as Chinkapin Drive and the Lakeside Recreational Lot as shown on the plat of Lakeview Townhouses, etc." It is submitted by the developers in this matter that there never was a deed of dedication of record of the alleged Recreational Area vaguely referred to by the lot owners of Lakeside Development. Secondly, the owners of lots in Lakeside Development have no rights whatsoever in the Common Area owned by Lakeview Townhouses, the same being a separate and distinct project development by the same individual. I would submit further that this is not a matter to be resolved by either the Board of Supervisors or the Planning Commission, but is a legal issue which Lawrence Ambrogi, Esquire March 7, 1985 Page Five should simply be put to rest in a Court of law on admis- sible evidence and not in the innuendoes or selfserving statements from third parties which the developer has not chance to question. The Board of Supervisors should not treat this master subdivision plan as a political football and try to appease the persons living in the Lakeside Estates Subdivision. They have passed an ordi- nance which calls for performance zoning which allows a mixture of housing in the area next to Lakeside Estates. As Dave Holliday pointed out, even before performance zoning and even at the time some of these persons in Lakeside Estates bought their lots and built their houses, the land upon which the apartments are proposed were zoned for multi -family houses and they cannot now say they were taken by surprise that multi -family was alleged in their general vicinity. Should you have any questions on any of the above, or should George Johnston have any information which he feels the developer should take into considera- tion, I will be available and receptive to this information. Very truly yours, McKEE and BUTLER BENJAMIN M. BUTLER (Dictated, but not read) BMB:dhc Enclosures cc: George W. Johnston, III, Esquire Mr. Delmar A. Bayliss s LAKEVIEa-I TOWNHOUSES STEPNEINS CITY, VA. DECLARATION OF CUVENANTS, CONDI T IUNS ADD RESTRICTIONS ARTICLES OF INCORPORATION BY—LAWS C LAW 01/IC15 IARRICK AND WHITE . a 11 .. v : A. . V . 'r % i.J — ! I 'J i_' J 1 1:.;.:..'..t. U V IA r . ,, z I L.� v , LA�ilL 0 (.: V;.,1AiVTS CONMITIONS & J F�ESTRICiCIO'13 ' ' C/ .n4 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this 6th day of Karch ; 1974, by DANAC Real Estate Investment.Corporation, a Virginia Corporation, and MFS Service Corporation, a Maryland Corporation, hereinafter referred to collectively as "DANAC and MFS"; Lakeview Townhouses, Inc., a Virginia non -stock, non-profit Corporation, hereinafter referred to as "Lakeview"; Paul L. Wilson and Anne L. Wilson, his wife, John C. Miller, unmarried, Karen L. Ireland, a feme sole, Doris E. Cramer, widow, Jimmy B. Contristan and Candace L. Contristan, his wife, Production Construction, Inc., a Virginia Corporation, and Sandra G. Nay, divorced, hereinafter referred to as "Existing Owners"; J. Frederick Larrick, Joseph W. White, Thomas V. Monahan, Robert T..Mitchell, Benjamin M. Butler, Stephen G. Butler, John A. K. Donovan, A. T. Kelley, ,E. Eugene Gunter, Lawrence R. Ambrogi, Joseph A. Massie, Jr., and George G. Snarr, Jr., Trustees, hereinafter referred to as "Trustees"; and Metropolitian Federal Savings and Loan Association of Bethesda, Maryland, Winchester Credit Corporation, Shenandoah Valley National Bank of Winchester, S. Herbert Shackelford and Madge H. Shackelford, and Dominion National Bank of Falls Church, Virginia, hereinafter referred to as "Beneficiaries". WITNESSETH: WHEREAS, DANAC and'�FS are the owners of certain real properties (hereinafter referred to as "Lots") located about five miles South of the City of Winchester, in Opequon Magisterial District, Frederick County, ,\Virg4.ia,.acquired by deed of Joseph W..White and J. Frederick Larrick, 'Trustees, dated January 15, 1974 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 423, Page 560, as WIIICH1tT19. YIROINIA " follows: LAW CTFICt! ARRICK AND WHIT[ II%CMCST(*. VINCINIA L'.'.< �217 a. LAKEVIEW TOWNHOUSES, UNIT I, Building 1, Lots:A through D; Building 2, Lots A through D; Building 3, Lots A through D; Building 4, Lots A through D; and Building 5, Lots A through D; described by plat recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 409, at Page 4; b. LAKEVIEW TOWNIHOUSES, UNIT II, Building 6, Lots A through E; Building 7, Lots A through E; Building 8, Lots A through E; described by plat recorded in said Clerk's Office in Deed Book 398, at Page 451; c. LAKEVIEW TOWNHOUSES, UNIT III, Building 9, Lots A through E; Building 16, Lots A through E; and Building 11, Lots A through E; described by plat recorded in said Clerk's Office in Deed Book 409, at Page 5 LESS: Lots previously conveyed to Existing Owners, as follows: a. To Paul L. Wilson, et ux, by deed dated January 31, 1974, and recorded in said Clerk's Office in Deed Book 424, at Page 365, Lots A, B, C, and D of Building 5, Unit I b. To John C. Miller, by deed dated May 22, 1973, and recorded in said Clerk's Office in Deed Book 410, at Page 422, Lot A, Building 2, Unit I c. To Karen L. Ireland,.by deed dated May 19, 1973, .and recorded in said Clerk's Office in Deed Book 410, at Page 413, Lot D, Building 4, Unit I d. To Doris E. Cramer, by deed dated May 19, 1973, and " recorded in said Clerk's Office in Deed Book 410, at Page 404, Lot A, Building 4, Unit I e. To Jimmy B. Contristan and Candace L. Contristan, his wife, by deed dated October 18, 1972, and recorded in said Clerk's Office in Deed Book A 00, at Page 32, Lot E, Building 6, Unit II f.. To Production Construction, Inc., by deed dated -November 10, 1973, and recorded in said Clerk's Office in Deed Rook 420, at Page 685, Lot A, Building 6, Unit II g. To Sandra G. Nay, by deed dated October 18, 1972, and recorded in said Clerk's Office in Deed Book 398, at Page 675, Lot B, Building 6, Unit II WHEREAS, the properties described above are encumbered by certain deeds of trust, as follows: 1. Dated February 25, 1972; recorded in said Clerk's Office in Deed Book 387, Page 338; securing Metropolitian Federal Savings and Loan Association of Bethesda, Maryland, assignee of Old Dominion Savings and Loan Association; J. Frederick Larrick and Joseph W. White, Trustees. -2- mi 5 i 1 I 1 uw OFFICE& LARRICK AND WHITE wl"CaSTt&. VIRGINIA M 4`?� For; 71(J 2. Dated May 19, 1972; recorded in said Clerk's Office in Deed Book 391, Page 144; securing Metropolitian . Federal Savings and Loan Association of Bethesda, Maryland, assignee of Old Dominion Savings and Loan Association; J. Frederick Larrick and Joseph W. White, Trustees. 3. Dated August 11, 1972; recorded in said Clerk's Office in Deed Book 394, Page 518; securing Metro- politian Federal Savings and Loan Association of Bethesda, Maryland, assignee of Virginia Savings and Loan Association; J. Frederick Larrick and Joseph W. White, Trustees. 4. Dated December 20, 1972; recorded in said Clerk's Office in Deed Book 401, Page 553; securing Metropolitian Federal Savings and Loan Association of Bethesda, Maryland, assignee of North American Bank and Trust; J. Frederick Larrick and Joseph W. White, Trustees. 5. Dated June 15, 1973; recorded in'said Clerk's Office in Deed Book 411, Page 137; securing Shenandoah Valley National Bank of Winchester; Thomas V. Monahan and Robert T. Mitchell, Trustees. 6. Dated June 15, 1973; recorded in said Clerk's office& in Deed Book 411, Page 142; securing S. Herbert i Shackelford and Madge H. Shackelford and Winchester Credit Corporation; Thomas V. Monahan and Robert T. Mitchell, Trustees. 7. Dated June 7, 1973; recorded in said Clerk's Office in Deed Book 410, Page 428; securing Shenandoah Valley National Bank of Winchester; Benjamin M. Butler and Stephen G. Butler, Trustees. 8. Dated June 7, 1973; recorded in said Clerk's Office in Deed Book 410, Page 419; securing Shenandoah Valley National Bank of Winchester; Benjamin M. Butler and Stephen G. Butler, Trustees. 9. Dated June 7, 197.3; recorded in said Clerk's Office in Deed Book 410, Page 410; securing Shenandoah Valley National Bank of Winchester; Benjamin M. Butler and Stephen G. Butler, Trustees. 10. Dated October 31, 1972; recorded in said Clerk's Office in Deed Book 400, Page 36; securing Dominion National Bank of Falls Church, Virginia; John A. K. Donovan and A. T. Kelley, Trustees. 11. Dated January 23, 1973; recorded in said Clerk's Office in Deed Book 403, Page 412; securing Shenandoah Valley National Bank of Winchester; E. Eugene Gunter and Lawrence R. Ambrogi, Trustees. -3- LAM OVNCf3 IARRICR AND WHITE �InCMC�?IR. YIR6INIA .r I I I • j 0, "^ f,?g ma Aso 12. Dated November"', 11 2; recorded in said Clerk's Office in'Deed Book 398, Page 679; securing Shenandoah Valley National Bank of Winchester) Joseph A. Massie, Jr. and George G. Snarr, Jr., Trustees. WHEREAS, Lakeview has acquired for the common use and enjoyment of Existing Owners and Future owners, all of whom hold or shall hold membership in Lakeview, certain land in Opequon Magisterial District, Frederick County, Virginia, -(hereinafter ,referred to as "Common Area") more particularly described as follows: 1: 1.659 acres, conveyed to Lakeview by deed dated May 18, 1973, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 409, at Page 460 2: 2.452 acres and 2.P579 acres, plus two parcels of 0.410 acres and 0.493 acres known as "Hackberry Drive", conveyed to Lakeview by deed dated March 1, 1973 and recorded in said Clerk's Office immediately preceding this instrument. 3: Two parcels identified as "Chinkapin Drive" and "Lakeside Recreational" on plats recorded in said Clerk's Office in Deed Book 410, Pages.391 and 392, respectively, conveyed to Lakeview by deed dated December 3, 1973, and recorded in said Clerk's Office in Deed Book 422, Page 65 AND WHEREAS, by Deeds of Dedication, dated October 18, 1972, and May 18, 1973, and recorded in said Clerk's office in Deed Book 398, Page 448, and in Deed Book 409, Page 1, respec- tively, and by deed dated May 28, 1973, and recorded in said Clerk's Office in Deed Book 409, Page 460, said Lots and a portion of said Common Area were made subject to certain convenants real to run with the land, set forth therein; NOW, THEREFORE, DANAC and MFS, Lakeview, Existing Owners, Trustees and Beneficiaries, who are the owners of all interests in all of'said Lots and Common Area (hereinafter referred to as "Properties"), agree and hereby declare that said covenants real hereafter shall be of no legal force or effect whatever. -4- t . r 1 1 G�aK A")7 7, LARRICK AHD NHITE Mlrlac"urce. vuo1111A AND WHEREAS, DANAC and MFS, Lakeview, Existino Owners, Trustees and Beneficiaries desire that the Properties hereafter shall be subject to certain protective covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth. NOW, THE DANAC and MFS, Lakeview, Existing Owners, Trustees and Beneficiaries hereby declare that all of the Properties described above hereafter shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, all of which are for the purpose of enhancing and protecting the .value, desirability, and attract- iveness thereof. These easements, covenants, restrictions and conditions shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in the described Properties or any part thereof, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS Section 1. "Lakeview" shall mean and refer to Lakeview Pownhouses, Incorporated, its successors and assigns. Section 2. "Properties" shall mean and refer,to that ;ertain real property hereinbefore described, and such additional .ots and Common Area as may hereafter be annexed and brought iithin the jurisdiction of Lakeview. Section 3. "Common Area" shall mean and refer to all -eal property owned by Lakeview for the common use and enjoyment >f the members of Lakeview. Section 4. "Lot" shall mean and refer to any plot of .and lying within the Properties shown upon any recorded sub-. livision map, with the exception of the Common Area. Section 5. "Member" shall -mean and refer to -every Person or entity who holds membership in Lakeview. i i i 1 I� l� �I LA• CrrVctS tARRICK ANb WHITE ■:M L"(STt R, YIAy1N IA Fn"E 732. Section 6. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 7. "DANAC'and MFS" shall mean and refer to DANAC Real Estate Investment Corporation and MFS Service Corporation, their successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from DANAC and MFS for the purpose of development. Section -8. ",Existing Owners" shall mean and refer to owners of record, fee simple title to any Lot prior to ,the re-. cordation of this Declaration. ARTICLE II ANNEXATION OF ADDITIONAL PROPERTIES Additional properties may be annexed in accordance with the By -Laws of Lakeview. If DANAC and MFS should develop addi- tional land adjacent to the Properties described above, such additional land may be annexed to said Properties without the assent of any other members of Lakeview. ARTICLE III MEMBERSHIP Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by Lakeview, including contract sellers, shall be a member of Lakeview. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by Lakeview. Ownership of such Lot shall be the sole qualification for membership. 1 4 ti II ' C 1 IAK OrfiCt� LARRIGK ANO WHITE WNLNI/Ttll, YIR OIM IA acN, 40-7 r,-rt 733 ARTICLE IV PROPERTY RIGHTS Section 1. Members' Easements of Enjoyment. Every member shall have a right and easement of enjoyment in and to the Common Area and a right of way over all roads in the Common Area for ingress and egress to and from State Highway No. 642. Such easement and right of way shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) the right of Lakeview to limit the number of guests of members; (b) the right of Lakeview to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; (c) the right of Lakeview, in accordance with its Articles and By -Laws, to borrow money for the purpose of improv- ing the Common Area and facilities and in aid thereof encumber said property by deeds of trust, and the rights in said properties of the trustees thereof and the holders of obligations secured thereby shall be subordinate to the rights of the members; (d) the right of Lakeview to suspend the voting rights and right to use of the recreational facilities by a member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 90 days for any infraction of its published rules and regulations; (e) the right of Lakeview to dedicate or transfer all or any part of the Common Area to any public agency, author- ity, or utility for such purposes and, subject to such conditions as may be agreed to by the members.. (f) the right of the individual Owners to the exclusive use of parking spaces as provided in this Article. Section 2. Delegation of Use. Any member may delegate, 734 in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the Common Area. DANAC and MFS i • hereby covenant for themselves, their successors and assigns, that fee simple title to the Common Area has beenandshall in the future be conveyed to Lakeview free and clear of all encum- brances and liens. Section 4. Parking Rights. Ownership of each Lot shall entitle the Owner or Owners thereof to the use of not more than two automobile parking spaces, which shall be as near and convenient to said Lot as reasonably possible, together with the right of ingress and egress in and upon said parking areas. Lakeview shall permanently assign two vehicular parking spaces for each dwelling. ISection S. Utility Easements. Easements and rights - of -way shall be and have been conveyed for the benefit of governmental agencies, authorities or instrumentalities, and for the, benefit of public utilities, and.for the benefit of Lakeview and for the benefit of Owners, on, under, and through the Properties for the ownership, use, operation, maintenance, repair and replacement of water, sewage, gas, electrical, and other facilities, including lines, pipes, wires, valves, switches, etc., and all parts of the Properties may be entered under reasonable circumstances for the maintenance and repair of the aforementioned utilities or of the facilities. Section 6. Destruction of a Townhouse. In the event a townhouse is destroyed, the Owner thereof shall begin reconstruc- tion within a reasonable time or excavate and clear away the remaining portions of the townhouse, and maintain the Lot in a tAWIMICts neat and orderly condition. If the Owner fails to perform such .ARRICK AND WHIT[ 0lwc-1111e^YIfGINIA clearance or maintenance for a period exceeding sixty (60) days, -8- 7v5= 8 s f i f t Liu< %217 Fr; r 5J Lakeview shall perform the same and the expenses thereof shall be a lien on the particular Lot as subject to collection under Section 8 hereof. Section 7. Reconstruction of Townhouse. In the event a townhouse is destroyed, no structure other than a townhouse of the same dimensions and similar architecture and as approved pursuant to Article VIII hereof shall be constructed in place of the original structure. Section 8. Easement for Encroachments. Each townhouse owner is entitled to an exclusive easement for the use and enjoy- ment of the air space within a reasonable distance above and below such townhouse, and patio area on_each respective Lot. If a townhouse Lot shall encroach on any Common Area or any other townhouse Lot by reason of original construction or by the non- �purposeful or non -negligent act of the townhouse Owner, then such easement shall be appurtenant to such encroaching townhouse Lot, to the extent of such encroachment, and such easement shall exist so long as such encroachment exists. If any Common Area shall similarly encroach on any townhouse Lot, then an easement appur- tenant to such Common Area shall similarly exist. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien for Assessments. DANAC and MFS, and Existing Owners, for each Lot owned by them, hereby covenant, and each subsequent Owner of any Lot by acceptancE of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to Lakeview: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as 'LAM orrICKS provided in the By -Laws of Lakeview. The annual and special IARRICK AND WHIT[ *I"C"I"'"• VIRGI"IA assessments, together with such interest thereon and costs of I !- I I i i I Ur C►►IM LARRICC AND WHITE I ■IN LM(Sd(R. YIRSINIA 1 i j i i� o ' 1 I collection"thereof, as hereinafter provided, shall be a charge on the land and shall be a. continuing lien upon the property against which each such assessment is made. Section 2. Certificates. Lakeview shall upon demand at any time furnish a certificate in writing signed by an officer of Lakeview setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made for the issuance of these certificates. Such certificate shall be con- clusive evidence of payment of any assessment therein stated to have been paid. Section 3. Effect of Nonpayment of Assessments: 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 delin- Iquency at the rate of seven (7) percent per annum, and Lakeview may foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. Section 4. Subordination of the Lien to Deeds of Trust. The lien of the assessments provided for herein shall be subor- dinate to the lien of any deed of trust. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot by the,Trustee upon foreclosure of any deed of -trust shall extinguish the lien of such assessments as to pay- ments thereof which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section S. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all.Properties dedicated to and accepted by a local public authority; (b) the Common Area; and -10- r LAZY OFFICES tAItRICK AND WHIT[ _ WINCHESTER. VIRGINIA bc�ti 4217 r F` I ;S7 (c) all Properties owned by a charitable or non- profit organization exempt from taxation by the laws of the State of Virginia. However, no land or improvements devoted to ' dwelling use shall be exempt from said assessments. ARTICLE VI PARTY WALLS Section 1. General Rules of Law to Apply. Each wall i I which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the otter Owners thereafter make use of•the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for, a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or will- ful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. -11- .xV bNK A`?'7 38 i Section 5. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. ARTICLE VII ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be i commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made • ! except those constructed by or on behalf of DANAC and MFS, until the plans and specifications showing the nature, kind, shape, I , height, materials, and location of the same shall have been submitted to and approved in writing as to harmony Of external design and location in relation to surrounding structures and topography by the Board of Directors of Lakeview, or by an architectural committee composed of three (3) or more represent- . i atives appointed by the Board. In the event said Board, or its I Idesignated committee, fails to approve or disapprove such design +and location within thirty (30) days after said plans and speci- fications have been submitted to it, approval will not be required jand this Article will be deemed to have been fully complied with. ARTICLE VIII I USE RESTRICTIONS The use of the property shall be in accordance with the I following provisions as long as the buildings exist on the Properties in useful condition: I Section 1. Townhouses. Each of the' Lots shall be c occupied only by a single Townhouse, and each Townhouse shall be occupied only by a single family, its servants and guests, as a residence and for no other purpose. No townhouse may be divided LAW cr►lCtS or subdivided into a sinaller unit, nor any portion thereof sold IARRICK AND WHITE RIItCMtSit%. V11011N1A or otherwise transferred, without first amending this Declaration to show the changes in the townhouses to be affected thereby. -12- Utt orrlcis IARRICK AND WHITE TrINCNIfTIs, Y14YINIA I Section 2. Common Area. The Common Area shall be used only for the purposes for which it is intended in the furnishing of services and facilities for the enjoyment of the Owners. Section 3. Nuisances. No nuisance shall be allowed upon the Properties nor any use or practice which is the source of annoyance to residents or which interferes with the peaceful possession and proper use of the Properties by its residents. The Properties shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist. Section 4. Lawful Use. All valid laws, zoning ordi- nances, and regulations of all governmental bodies having juris- diction thereof shall be observed. The responsibility of meeting f the requirements of governmental bodies which require maintenance, modification or repair of the Properties shall be the same as the responsibility for the maintenance and repair of the improvements concerned. Section S. Leasing. All present or future Owners, or any other person that might use any Lot or the Common Area in any manner, are subject to,the provisions of this Declaration and the mere acquisition or rental of any of the townhouses, or the mere act of occupancy of any townhouses shall signify that the provisions of this Declaration are accepted and ratified. ' The respective townhouses shall not be rented by the Owners thereof for transient or hotel purposes, which shall be defined as a rental for any period less than sixty (60) days. Other than the foregoing obligations, the Owners of the respective townhouses shall have the absolute right to lease same provided that said lease is made subject to the covenants and restrictions herein contained. Section 6. Animals. No animals shall be kept or main- ` tained on the Properties, excepting only household pets. No i -13- i yv i I f r Fret dogs shall be allowed to roam unleashed and unattended upon the Properties. Section 7. Temporal Buildin5s and Dwellings, Trailers Boats, Motor Vehicles, etc. No tractor -trailers, campers or mobile dwellings, trailers, boats, unlicensed or inoperative motor vehicles, or temporary buildings shall be kept, erected or maintained on the Properties. Section 8. Proviso. Neither the Owners nor Lakeview nor the Owner's use of the Properties shall interfere with the completion of any contemplated improvements and the sale of the townhouses by DANAC and MFS. DANAC and MFS may make such ,,use of the unsold townhouses and Common Area as may facilitate construction and sales, including but not limited to the tempo- rary use, parking and maintenance of such buildings and vehicles as may be reasonably necessary for construction, the maintenance of a sales office, the showing of the units and the display of signs. ARTICLE IX GENERAL PROVISIONS Section 1. Enforcement. Lakeview, or any Owner, shall, have the right to enforce, by any proceeding at law or in equity,, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by Lakeview or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions. which shall remain in full force and effect. 1 tAWOFICn Section 3. Amendment. The covenants and restrictions LAMCK AND WH17E 01hCHEsitx. V11GINIA of this Declaration shall run with and bind the land, and shall I inure to the benefit of and be enforceable by Lakeview, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for succgssive periods of -ten (10) years. The covenants and restrictions of this Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of , 1974.. f �eR•,�� . ,� `oSE� ` ,.�•'•: �, ��AT'TEST: ,',,,,,,..... I,. 'rs e Lt; Tj,Fti� _ • ^ Y �'1 ATTEST: J;'• S_ A'g14v' lAW ODIC[{ LARRICK AND WHITC MINCHIIT[R. VIRGINIA DANAC Real Estate Investment orporation 1% By.---- • :�iFrSr�CN i MFS Service orp ra 'on By >. C Lakeview Townhouses, Inc. Inc. By -15- 1 (SEAL) (SEAL) (SEAL) (SEAL) LAW OFFICES .ARRICK AND WHITE WINCHESTER, VIRGINIA ARTICLES OF AMENDMENT OF ARTICLES OF INCORPORATION OF, , LAKEVIEW TOWNHOUSES, INCORPORATED Pursuant to the.provisions of Article 4 of Chapter 2 of Title 13.1 of the Code of Virginia, as amended, and to the end that the Articles of Incorporation of Lakeview Townhouses, Incorporated be amended, the following is set forth: 1. The name of the Corporation is Lakeview Townhouses, Inc. 2. The amendments adopted renumber paragraphs 10 and 11 of the Articles of Incorporation to be paragraphs 13 and 14 hereafter, and delete paragraphs 3, 4, 5, 6, 7, 8 and 9 of the Articles of Incorporation, and substitute therefor the following paragraphs: 3. This Corporation does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are'to provide for maintenance, preserva- tion and architectural control of the residence Lots and Common Area within that certain tract of property described as Lakeview Townhouses, in Opequon Magisterial District, Frederick County, Virginia, and to promote the health, safety and welfare.of the residents within the above described property and any additions thereto as may hereafter -be brought within the jurisdiction of this Corporation by annexation and for this purpose to: (a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Corpora- tion as set forth in that certain Declaration of Covenants, Conditions and Restrictions, hereinafter called the "Declaration" applicable to the property and recorded or to be recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (b) fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the term: of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Corporation, including all licenses, taxes or, governmental charges levied or imposed against the property of. the Corporation; (c) acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Corporation; (d) borrow money, to mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; and (e) have and to exercise any and all powers, rights and privileges which this Corporation under the laws of the State of Virginia may now or hereafter have or exercise. 4. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Corporation, including contract sellers, shall be a member of the Corporation. The foregoing is not intended to include persons or entities who hold an interest merely as security -for the performance of an obliga- tion. No owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership LAW OFFICES of any Lot which is subject to assessment by the Corporation. ARRICK AND WHITE fiNCHESTER, VIRGINIA Ownership of. such Lot shall be the sole qualification for IImembership. 11 -2- 5. The Corporation shall have two classes of voting membership: Class A. Class A members shall be all Owners as defined in the preceding paragraph with the exception of DANAC Real Estate Investment Corporation and MFS Service Corporation, their successors in interest and assigns. Class A members shall be entitled to one vote for each Lot in which they hold thE' interest required for membership by the preceding paragraph. When more than one person holds such interest in any Lot, all such persons shall be members. The vote of such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B members shall be DANAC Real Estate Investment Corporation and MFS Service Corporation, their successors in interest and assigns. The Class B members shall be entitled to three (3) votes for each Lot in which they hold the interest required for membership by the preceding paragraph, provided that the Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) on January 1, 1980. 6. The affairs of this Corporation shall be managed by a Board of not less than three (3) Directors, who need not be members of the Corporation. The number of Directors may be changed by amendment of.the By -Laws of the Corporation. The Directors shall be divided into three classes, each class to be as nearly equal in number as possible, the term of office - LAW QMCES of directors of the first class to expire at the first annual LARRICK AND WHITE WINCHESTER, VIRGINIA meeting of members after their election, that of the second -3- LAW OFFICES LARRICK AND WHITE WINCHESUR, VIRGINIA class to expire at the second annual. meeting after their election, and that of the third class to expire at the third annual meeting after their election. At the first annual meeting of the members following this amendment to the Articles of Incorporation, and each annual meeting thereafter, the number of Directors equal to the number of the class whose term expires at the time such meeting shall be elected to hold office until the third succeeding annual meeting. 7. Each person now or hereafter a Director or officer of this Corporation, and his heirs, executors and administrators, shall be indemnified by the Corporation against all claims, liabilities, judgments, settlements, costs and expenses, including reasonable attorney's fees, imposed upon or reasonably incurred by him in connection with or resulting from any action, suit, proceeding or claim to which he is or may be made a party by reason of his.being or having been a Director or officer of this Corporation, except in relation to matters as to which he shall have been finally adjudged in such action, suit or proceeding to be guilty of gross negligence or willful mis- conduct in the performance of his duties as such Director or officer. In the event of any other judgment against such Director or officer or in the event of a settlement, the indem- nification shall be made to an officer or former officer only if the Corporation shall be advised by the Board of Directors, and to a Director only if the Corporation shall be advised by independent counsel to be appointed by the Board of Directors, that in its or his opinion such Director or officer was not guilty of gross negligence or willful misconduct in the per- formance of his duty, and in the event of settlement, that such settlement was or is in the best interest of the Corporation. 'If the determination is to be made by the Board of Directors, it may rely as to all questions of law on the advice of independent Q19 LAW CMCEs IARRICK AND WHITE WINCHESTER. VIRGINIA counsel. Such right of indemnification shall not be deemed exclusive of any rights to which such officer or Director may be otherwise entitled. 8. To the extent permitted by law, the Corporation may participate in mergers and consolidations with other non- profit corporations organized for the same purposes, provided that any such merger or consolidation shall have the assent of two-thirds (2/3) of the entire Class A membership and two-thirds (2/3) of the entire Class B membership, if any. 9. Any encumbrance by deed of trust or otherwise, by the Corporation, of the Common Area defined in the Declaration shall have the assent of two-thirds (2/3) of the entire Class A membership and two-thirds (2/3) of the Class B membership, if any.' 10. The Corporation shall have power to dedicate, sell or transfer all ok any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by members entitled to cast two-thirds (2/3) of the votes of the entire Class A.membership and two-thirds (2/3) of the entire Class B membership, if any, agreeing to such dedication, sale or transfer. 11. The Corporation may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of the entire Class A membership and two-thirds (2/3) of the entire Class B membership, if any. Upon dissolution of the Corporation, the assets, both real and personal of the Corporati shall be dedicated to an appropriate public agency to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Corporation. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit -5- corporation, association, trust or other organization to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by the Corporation. 12. Amendment of these Articles shall require the assent of not less that 75 percent (75%) of the entire membership of each class. 3. The amendments were adopted by an affirmative vote of more than two-thirds (2/3) of the votes entitled to be cast by members present or represented by proxy at a Special Meeting of the members of Lakeview Townhouses, Inc. held on September 7, 1974 pursuant to notice given in the manner provided by law to each member entitled to vote at such meeting, the Board of Directors having previously adopted a resolution 1 • i setting forth -the proposed amendment, finding that it is in the I best interest of the Corporation, and directing that it be ' i 1 submitted to said meeting. i Lakeview Townhouses, Incorporated By Jerold E. Williamson, President ATTEST: .Karen T. Locke, Secretary STATE OF MARYLAND, COUNTY OF , to -wit: Jerold E. Williamson, President, of Lakeview Townhouses Incorporated, being first duly sworn, deposes and says that all of the allegations contained in the foregoing Articles of Amendment are true and correct. i Given under my hand this day of 1974. My commission expires LAW OFFICES LARRICK AND WHITE Notary Public WINCHESTER. VIRGINIA -6- BY-LAWS 100 LAKEVIEW TOWNHOUSES, INC. ARTICLE I NAME AND LOCATION. The name:of the corporation is Lakeview Townhouses, Inc., hereinafter, referred to as "Lakeview". The principal office of the corporation shall be located at the office of Lakeview Townhouses in Lakeside Estates Subdivision, in Opequon District, Frederick County, Virginia, but meetings of members and directors may be held at such places within the State of Virginia, County of Frederick, as may be designated by the Board of Directors. ARTICLE II DEFINITIONS Section 1. "Lakeview" shall,mean and refer to Lakeview Townhouses, Inc., its successors and assigns. Section'2. "Properties" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of Lakeview. Section 3. "Common Area" shall mean all real property owned by .Lakeview for the common use and enjoyment of the members of Lakeview. Section 4. "Lot" shall mean and refer to any plot of land lying within the Property shown upon .any recorded subdivision map with the exception of the Common Area. Section 5. "Member" shall mean and refer to every person or entity who holds a membership in Lakeview. Section 6. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 7. "DANAC and MFS" shall mean and refer to DANAC Real Estate Investment Corporation and MFS Service Corporation, their successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from DANAC and MFS for the purpose of development. Section 8. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties•recorded in the Office of the Clerk of the Circuit Court of Frederick County,, Virginia. ARTICLE,III MEMBERSHIP Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by Lakeview, including contract sellers, shall be a member of Lakeview. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by Lakeview. Ownership of such Lot shall be the sole qualification for membership. Section 2. •Suspension of Membership. During any period in which a member shall be ,in default in the payment of any annual or special assessment levied by Lakeview, the voting rights and right to use of the recreational facilities •of such member may be -2- suspended by•the Board of Directors until such assessment has been .paid. Such rights of a member may also be suspended, after notice and hearing, for a period not to exceed ninety (90) days, for violation of any rules and regulations established by the Board of Directors governing the use of the Common Area and facilities. Section' 3. *Voting Rights. Lakeview shall have two classe$ of voting membership: Class A. Class A members shall be all Owners with the exception of DANAC and MFS. Class A members shall be entitled to one vote for each Lot in which they hold the interest required for membership. 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 may determine, but in no event shall more than one vote be cast with respect to any one Lot. Class B. The Class B members shall be DANAC and MFS. The Class B members shall be entitled to three votes for each Lot in which they hold the interest required for membership, provided that the Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) When the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or (b) On January 1, 1980. ARTICLE IV - PROPERTY RIGHTS: RIGHTS OF ENJOYMENT Section 1. Each member'shall be entitled to the use and enjoyment of the Common Area and facilities as provided in the -3- r i Declaration. Any member may delegate his rights of enjoyment of the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the property. Such member shall notify the secretary in writing of the name of any such delegee. The rights and privileges of such delegee are subject to suspension to the same extent as those of -the member. Section 2. Irrespective of the 'fact that the Declaration gives Lakeview the right to charge reasonable admission and other fees for the use of any recreational facilities situated upon the Common Area, this right shall not be exercised as to members for a period of five years from the date of the recordation of the Declaration, and after this period, only upon written approval of two-thirds (2/3) of the entire Class A membership. ARTICLE V BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE . Section 1. Number. The affairs of Lakeview shall be managed by a Board of not less than three (3) directors, who need not be members of Lakeview. - Section 2. *Election. At the first annual meeting of the members following the adoption of these amended By -Laws, the members shall elect one-third (1/3) of the directors for a term of one (1) year, one-third (1/3) of the directors for a term of two (2) years and one-third (1/3) of the directors for a term of three (3) years; and at each annual meeting thereafter, the members shall elect one-third (1/3) of the directors for a term of three (3) years. Each director shall hold office until his successor shall have been duly elected and qualified. -4- y • Section_3. 'Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of Lakeview. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Section 4. 'Compensation. No director shall receive compensation for any service he may render to Lakeview. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 5. ,Act'iori Taken Without .a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE VI MEETING OF DIRECTORS Section 1. 'Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special' Meetings. Special meetings of the Board of Directors shall be held when called by the president of. Lakeview or by any two directors, after not less than three (3) days notice to each director. 'Section' 3. 'Quorum. A majority of the number of directors -5- s k a � f' 4 � Jr shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as.the act of the Board. ARTICLE VII NOMINATION AND ELECTION OF DIRECTORS Section' 1. 'Nomination. Nomination for election to the Board of 'Directors shall be made by a Nominating Committee. Nomi- nations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of Lakeview. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nom- inations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members. Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VIII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Q. Section 1. 'Powers. _The Board of Directors shall have power to: (a) adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof; (b) exercise for Lakeview,all'powers, duties and authority vested in or delegated to Lakeviewand not reserved to the membership by other provisions of these 'By -Laws, the Articles of Incorporation, or the Declaration; (c) declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and (d) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. 'Sectiori 2. Duties. It shall be the duty of the Board of Directors to: (a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members or at any special meeting, when such statement is requested in writing by one-fourth (1/4) of the Class A members who are entitled to vote; (b) supervise all officers, agents and employees of Lakeview, and to see that their duties are properly performed; (c) as more fully provided herein, and in the Declaration, to: -7- C (1) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period, as hereinafter provided in Article XII, and (2) send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; (d) issue,'or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certifi- cate shall be conclusive evidence of such payment; (e) procure and maintain adequate liability and hazard insurance on property owned by Lakeview; (f) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; (g) cause the Common Area to be maintained; and (h) cause the exterior of the dwellings to be maintained. ARTICLE IX COMMITTEES Section'1. Lakeview shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these By -Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purposes, such as: (a) A Recreation 'Committee which shall advise the am Y .,p ; a �4 1{{ y • t Board of Directors on all matters pertaining to the recreational program and activities of Lakeview'and shall perform such other functions as the Board, in its discretion, determines; (b) A Maintenance Committee which shall advise the Board of Directors on all matters pertaining to the maintenance, repair or improvement of the Properties, and shall perform such other functions as the Board in its discretion determines; (c) A Publicity Committee which shall inform the members of all activities and functions of Lakeview, and shall, after consulting with the Board of Directors, make such public releases and announcements as are in the best interests of Lakeview; and (d) An Audit Committee which shall supervise the annual audit of Lakeview's books and approve the -annual budget and statement of income and expenditures to be presented to the member- ship at its regular annual meeting, as provided in Article XI, Section 8(d). The Treasurer shall be ari 'ex 'offi'cio member of the Committee. Section'2. It shall be the duty of each committee to receive complaints from members on any matter involving Lakeview functions, duties, and activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to.such other committee, director or officer of Lakeview as is further concerned with the matter presented. ARTICLE X MEETINGS OF MEMBERS Section 1. ' Annual' Meetings. The annual meeting of the Won �.. .:�.,w��,,.�,�M., ..,..�.�� -... �.,�..R..._ __:....�..�,Y,.. _, �.._.�_:e _,_,� ��ro.r-.�_..M: �.�..,.,� ... _.��,......�,� _ .,:ram,. .�,.,�.>,,� •.,.�� ,_ ,..,„.„w. .�,� ,,..;, members shall be held each year on the first Monday in July at 2:00 p.m. Section 2. ,S ecial Meetings. Special meetings of the members maybe called at any time by the president or by the Board of Directors, or upon written request of the members who are entitled to vote one-fourth (1/4) of all the votes of the entire membership or who are entitled to vote one-fourth (1/4) of the votes of the Class A membership. 'Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at -the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 15 days before such meeting to each member entitled to vote thereat, addressed to the member's address last appearing on the books,of Lakeview, or supplied by such member to Lakeview for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. Section 4. "Quorum. The presence at the meeting of the membe-rs entitled to cast, or of proxies entitled to cast, one -tenth (1/10) of the votes of each class of membership shall constitute a - quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By -Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other,than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. -10- Section 5. 'Proxies. At all meetings of members, each member may vote in person or by proxy.• All proxies shall be in writing and filed with the secretary. Every proxy shall be revoc- able and shall automatically cease upon conveyance by the member of his Lot. ARTICLE XI OFFICERS AND THEIR DUTIES Section 1. Enumeration of Offices. The officers of Lakeview shall be a president and vice president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create. Section 2. Election 'of Officers. The election of offi- cers shall take place at the first meeting of the Board of Directors following each annual meeting of the members. Section 3. Term. The officers of Lakeview shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or other- wise disqualified to serve. Section 4. ,Special Appointments. The Board may elect such other officers as the affairs of Lakeview may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. ' Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on -11- the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. 'Vacancies. A vacancy in any office may be filled in the manner prescribed for regular election. The officer elected to such vacancy shall serve for the remainder of the term of the officer he replaces. 'Section 7. ' Multiple' Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except .in the case of special offices created pursuant to Section 4 of this Article. follows: Section, 8. 'Duties. The duties of the officers are as - - (a) The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all.checks and promis- sory notes. Vice*President j (b) The vice president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. Secretary '(c) The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the -12- members; keep the corporate seal of Lakeview and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of Lakeview together with their addresses, and shall perform such other duties as required by the Board. Treasurer (d) The treasurer shall receive and deposit in appro- priate bank accounts all monies of Lakeview and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of Lakeview; keep proper books of account; cause an annual audit of the Lakeview books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and ^ expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members. ARTICLE XII ASSESSMENTS Section 1. *Creation of 'the' Lien and Personal Obligation of, Assessments. By the Declaration, each member is deemed to cove- nant and agree to pay to Lakeview: (1) annual assessments or charges, and (2) special assessments for capital improvements. The annual and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs, and reasonable attorney's fees shall also be the personal obligation of the person who was the -13� ' a owner of such property at the time when the assessment fell due and shall not pass to his successors in title unless expressly assumed by them. section, 2. Purpose' of Assessments. The assessments levied by Lakeview shall be used exclusively for the purpose of promoting.the recreation, health, safety, and welfare of the resi- dents in the Properties and in particular for the improvement and maintenance of the Properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, and of the homes situated upon the Properties. Section 3. Basis and Maximum of Annual Assessments. Until July 1, 1975, the maximum annual assessment shall be five dollars ($5.00) per Lot, per month. (a) From and after July 1, 1975, the maximum annual Cassessment may be increased effective July 1 of each year without a vote of the membership in conformance with the rise, if any, of the Consumer Price Index (published by the Department of Labor, Washington, D. C.) for the preceding month of July. (b) From and after July 1, 1975, the maximum annual assessment may be increased above that established by the Consumer Price Index formula by a vote of the members for the next succeeding two (2) years and at the end of each such period of. two (2) years, for each succeeding period of two (2) years, provided 'that any such change shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than -14- sixty (60) days in advance of the meeting setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which Lakeview is authorized to participate under its Articles of Incorporation. (c) After consideration of current maintenance costs and future needs of Lakeview, the Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. *Method of Computation When' Using the Consumer Price Index. The Consumer Price Index establishes the United States City Average numerical rating for the month of April, 1973, as 131.1. This will be the base rating. To determine the percentage to be applied to the maximum annual assessment for each subsequent year, divide this base rating into the numerical rating established by the Consumer Price Index for the month of April preceding the proposed assessment year. This adjustment percentage, if in excess of 100 percentum, is multiplied by the original maximum annual assessment to obtain the maximum assessment for the subsequent year. Section 5. -Special Assessments 'for, Capital Improvements. In addition to the annual assessments authorized above, Lakeview may levy in any assessment year, a special assessment applicable to that -year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of Ctwo-thirds (2/3) of the votes of each class of members who are voting -15- s m e in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. Section 6. 'Uniform Rate. Both annual and special assess- ments must be fixed at a uniform rate for all. Lots and may be col- lected on a monthly basis. Section* 7. Quorum for A_� Action Authorized Under Sections 3 and 5. At the first meeting called, as provided in Sections 3 and 5 hereof, the presence at the meeting of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 5 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 8. Date 'of' Commencement of Annual Assessments: Due Dates. The annual assessment provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be -16- established by the Board of Directors. Lakeview shall upon demand at any time furnish a certificate in writing, signed by an officer of Lakeview, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section* 9. ' Effect of Non -Payment of Assessments : Remedies' 'of Lakeview. 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 seven percent (7%) per annum, and Lakeview may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest,.costs, and reasonable attorneys fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot. Section '10. Subordination of the Lieri to Deeds of Trust. The lien of the assessments provided for herein shall be subordinate to the lien of any deed of trust. Sale or transfer_ of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot by the trustee, upon foreclosure of any deed of trust, shall extinguish the lien 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 there- after becoming due or from the lien thereof. -17- ■ f! s v t, i Section 71. 'Exempt Property. The following property subject to the Declaration shall be exempt from the assessments created therein: (a) all properties dedicated to and accepted by a local public authority, (b) the Common Area, and, (c) all prop- erties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. ARTICLE XIII ANNEXATION OF ADDITIONAL PROPERTIES .Section 1. Annexation of additional property shall require the assent of two-thirds (2/3) of the Class A members and two-thirds (2/3) of the Class B members, if any, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. The presence of members or of proxies entitled to cast sixty percent (60%) of the votes of each class of membership 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 above, and the required quorum at such subsequent meeting shall be one-half of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting, In the event that two-thirds (2/3) of the Class A membership or two-thirds (2/3) of the Class B membership are not present in person or by proxy, members not present may give their written assent to the action taken thereat. 51 M. a Rt, +t Section 2. If by January 1,, 1980, DANAC and MFS should develop additional land adjacent to the Properties described above, such additional lands may be annexed to said Properties without the assent of the Class A members. ARTICLE XIV BOOKS AND RECORDS The books, records and papers of Lakeview shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the By -Laws of Lakeview shall be available for inspection by any member at the principal office of Lakeview, where copies may be purchased at a reasonable cost. ARTICLE XV CORPORATE SEAL Lakeview shall have a seal in circular form having within its circumference the words: Lakeview Townhouses, Incorporated, and the state of incorporation shall be indicated thereon. ARTICLE XVI AMENDMENTS Section l. These By -Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy. Section, 2.' In the case of any conflict between the Articles of Incorporation and these By -Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By -Laws, the Declaration shall control. -19- • 0 ARTICLE XVII 4 MISCELLANEOUS The fiscal year of Lakeview shall begin on the first day of November and end on the 31st day of October of every year. -20- LAKESIDE DEVELOPMENT LAKESIDE--LAKEVIEW TOWNHOUSES SECTIONS 1 thru 7