HomeMy WebLinkAboutLakeside--Lakeview Townhouses Section 4 - BackfileAKESIDE
STATES
LAKESIDE DEVELOPMENT COMPANY
P.O. BOX 3276
WINCHESTER, VIRGINIA 22601
(703) 667-2120
October 19, 1989
TO WHOM IT MAY CONCERN:
�Q�? [E i'. �.
ii
=23
This is to advise you that the folluwih ',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 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 Clerks 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.
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.
a V e W
a
ORIGINAL LOT
LINES (TYP.)
f
OPEN ;
SPACE
1.09' (T YP..
/ ° \ 22 20' DRAINAGE ESM'T
e so`7
`
ACCESS ESM'Tmoo,
r
23 / oo, j J
3,543 Sq. Ft. o ry
,
_ — N31021'42"W 5.60 0
85.0:F _ —
a /.
24 I jo /
1,700 Sq. Ft.
u o '
25
1,700 Sq. Ft. I 20' UTILITY
o I - ESM'T
26 I I
1,700 Sq. Ft. 6 I
a, •
27 0 0.42' (TYP.)
1,700 Sq. Ft. O N
N31021'42"W ° PARKINGI
s5.o1' — '— AREA'
28 ' I
IT- N I
3,372 Sq. Ft.co
vl
Cl) 00
10, PUBLIC ACCESS
_ UTILIjY ESM'T
�8 05 0 ' c o
' , 30°20'36"W o c a
a
29
10' ACCESS ESM'T I
PLAT SHOWING
BOUNDARY LINE ADJUSTMENT
LOTS 23-28
LAKEVIM TOWNHOUS ` ,.
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
APRIL 19, 1989 SCALE:1 "=30'
gilbert w. cliffor & associates, inc.
Engineers • Land Planners
Surveyors
150-C ow. Gro—kh Wv.
74ed.d.k.bwg, Virand. 22401 (703) M-2113
SURVEYOR'S CERTIFICATE
I hereby certify that this is a true
and accurate Survey performed on
the ground, under my supervision.
rrie`i�
P. DUANE �..+
20 3-& C.n.oO ia.*
Nb cb. -, Vtrai i. 22601 (I03) 647-21"
NO.. 1285
�J
LAND 5J
00,
0
35 - �I 36 I- 37 I ' 38
I
I � ' NI43°09'S1 "E
85.31'
o ,+
I 34
3,178 Sq. Ft. vil
0.56' (Typ.). Y °31
N38.15-31 "E
85.00' — —
S 33 $
N 1,700 Sq. Ft. N
PARKING AREA w OPEN SPACE
N _ 32
°
v
1;700 Sq� Ft. L
.Y •.� ..
Z
31 ORIGINAL Lot Lines (Typ.)
-- 1,700 Sq. Ft.
,I
- r7
0 30 gi \
to
N 1,700 Sq. Ft. o
N
N38°15'31 "E
�, ; „ „ ", , 85.00' Zv
m
rn 29
3,713 Sq. Ft.
28
( ev'
7qco
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S9°392�n�
RFq
APPROVED BY SUBDIVISION ADMINISTRATOR
��i�'TH
��wgaP.
DUANE
(d te).
V,o,� QW
NO. 1285
CFO
LA ND
PLAT SHOWING
-
BOUNDARY LINE ADJUSTMENT
LOTS 29-34
SECTION IV
LAKEVIEW TOWNHOUSES
SHAWNSEMAGISTIERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
J U N E 28,"1988 SCALE:1 "=30'
giltiert w. cliffor & associates, inc.
Engineers - Land Planners
Surveyors
MC ON. 0--imb Dri- 20 S—h C6..on See.
lkml.dcMMmy, Vhsiola 22601 (703) 499-2115 WbWmm. Virsh>V 22601 (303) 667-2139
I& I
F
-r.W.CLIFFORD & ASSOCIATES, INC
20 S.CAMERON ST.
PO BOX 2104
WINCHESTER, VIRGINIA 22601
703-667-2139
TO:
LETTER OF TRANSMITTAL
PRESENT DATE IJOB NO.
June 30, 1988
ATTENTION Mr. Steve Gyurisin
RE: Lakeview Townhouses
WE ARE SENDING YOU 7 ATTACHED ❑ UNDER SEPARATE VIA
HAND CARRIED
❑ CHANGE ORDER ❑ SAMPLES
❑ SHOP DRAWINGS
❑ PRINTS/COPIES ❑ PLANS
❑ COPY OF LETTER
THE FOLLOWING ITEMS
❑ SPECIFICATIONS
❑ OTHER
COPIES
DATE
DESCRIPTION
5
6/28/88
Plat Showing Boundary Line Adjustment Lots 29-34
❑ ARE TRANSMITTED ❑ APPROVED/SUBMITTED
❑x FOR APPROVAL ❑ APPROVED/AS NOTED
❑R FOR YOUR USE ❑ RETURN/CORRECTIONS
❑ AS REQUESTED
❑ FOR REVIEW or COMMENT
❑ FOR BIDS DUE 19
REMARKS
COPY TO:
❑ RESUBMIT FOR APPROVAL
❑ SUBMITFOR DISTRIBUTION
❑ RETURNED_ CORRECTED PRINTS
❑ PRINT/RETURN
❑ RETURN/WITH SIGNATURES
SIGNED Mr. Charles E. Maddox, Jr., P.E.
Vice President
REV. 2.0
C
AND AU11D �,�
SUBDIVISION
Lakeview Townhouses, Section 4
62 Lots, Zoned RP (Residential Performance)
LOCATION: North of Route 6423, Lakeside Subdivision
MAGISTERIAL DISTRICT: Shawnee
ADJACENT LAND USE AND ZONING: Residential and Vacant Land Use and RP (Residential
Performance) Zoning.
PROPOSED USE AND IMPROVEMENTS: 62 two -bedroom townhouse units with parking, open
space, recreation facilities, and utility improvements.
REVIEW EVALUATIONS:
Highway Department - The entrances to this proposed development will have to
be in accordance with the VDH&T minimum commercial entrance requirements.
Sanitation Authority - Utility easements are approved.
Stephens City Fire Company - Shall comply with Chapter 10 of the Frederick
County Code as a minimum.
Inspections Department - Proposed townhouses to be designed and constructed
in accordance with the Virginia Uniform Statewide Building Code and
applicable referenced standards.
Planning and Zoning - No objection. The proposed subdivision is in
conformance with the approved master development plan and approved site
plan.
STAFF RECOMMENDATIONS: Approval.
COUNTY of FREDERICK
Departments of Planning and Building
70A/ ?-5650
M E M O R A N D U M
VA Dept. of Hiqhways & Transportation , ATTN: Mr. Bill Bushman
Planning and Zoning
ATTN:
Mr.
Stephen M. Gyurisin
Stephens City Fire Company
, ATTN:
Mr.
Frank Welch
Inspections Department
, ATTN:,Ms.
Donna Ritter
Sanitation Authority
ATTN:
Mr.
Wellington Jones
ATTN:
FROM: Robert W. Watkins, Director DATE: February 6, 1987
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
Preliminary Master Plan X Subdivision Rezoning
We are reviewing the enclosed request by Lakeside Townhouse Subdivision_,
or their representative, Charles 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:
----+--------------- `------------- ---------------------------
11
-----------------------i------�-------------------r---'='--- � �-c.���1�-----
---------- ------------------ r---------------�y---`--------------------------
----------------------------------------------------------------------------
r
Signature Date----=i+--`==�-
9 C'nnrt Cn,iare - P.O. Box 601 - Winchester, Virginia - 22601
X1121314/5��, COUNTY of FREDERICK
q, Departments of Planning and Building� 703a61-5650
LO
E M 0 R A N D U M
VA Dept. of Highways & Transportation , ATTN: Mr. Bill Bushman
Planning and Zoning
, ATTN:
Mr.
Stephen M. Gyurisin
tephens City Fire Company
, ATTN:
Mr.
Frank Welch
Inspections Department
, ATTN:
Ms.
Donna Ritter
Sanitation Authority
ATTN:
Mr.
Wellington Jones
, ATTN:
FROM: Robert W. Watkins, Director DATE: February 6, 1987
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
Preliminary Master Plan X Subdivision Rezoning
We are reviewing the enclosed request by Lakeside Townhouse Subdivision_,
or their representative, Charles 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:
_L cp�g��ger_LQ Qf the Frederick Count, Code as a minimum.
--------------
Signature
Date-_ S'?___��
9 C niirt Sniinre - P.O. Box 601 - Winchester, Virginia - 22601
of FREDERICK
o epartrL opts oP lanning and Building
rv, crJ p (c%'7
N C' ,r (r, 703/. %5650
M E M O R A N D U M
Itr.
i'Dept. of Highways & Transportation
, ATTN:
Bill Bushman
Planning and Zoning
ATTN:
Mr.
Stephen M. Gyurisin
Stephens City Fire Company
, ATTN:
Mr.
Frank Welch
Inspections Department
ATTN:
Ms.
Donna Ritter
Sanitation Authority
, ATTN:
Mr.
Wellington Jones
, ATTN:
FROM: Robert W. Watkins, Director DATE: February 6, 1987
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
Preliminary Master Plan X Subdivision Rezoning
We are reviewing the enclosed request by Lakeside Townhouse Subdivision_,
or their representative, Charles 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 COMMFNTS'
The entrances to this proposed development will have to be in accordance
----------------------------------------------------------------------------
with the VDOT minimum commercial entrance requirements.
----------------------------------------------------------------------------
Signature_ Date -y-
- 7--------------- - ----------------
9 C oiirt Cnnnre - P.O. Box 601 - Winchester, Virginia - 22601
COUNTY of FREDERICK
Departments of Planning and Building
Ulf i
703 / -5650
-` Imo. I,
M E I U M
FES iddl
VA Dept. of Highways & Trans orta i TTN: Mr. Bill Bushman
Planning and Zoning ATTN: Mr. Stephen M. Gyurisin
Stephens City Fire Company , ATTN: Mr. Frank Welch
Inspections Department , ATTN: Ms. Donna Ritter
t ATTN: Ellington ne Jos
, ATTN:
FROM: Robert W. Watkins, Director DATE: February 6. 1987
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
Preliminary Master Plan X Subdivision Rezoning
We are reviewing the enclosed request by Lakeside Townhouse Subdivision-,
or their representative, Charles 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:
Utility easements are approved.
----------------------------------------------------------------------------
----------------------------------------------------------------------------
------------------------------------------------------ -- -- -
Signature___ __ Date____ ' U
0 C'nnrt 4cntare - P.O. Box 601 - Winchester, Virginia
22601
G.W_CLIFFORD & ASSOCIATES, INC_
20 S _C#MERON ST _
PO BOX 2104
F INCHESTER, V IRG IN IA 22601
703-667-2139
TO:
Winchester, Virginia
221501
LETTER OF TRANSMITTAL
PRESENT DATE JOB NO.
February 3,1987
ATTENTION Mr. t ,t.e,.,e %_urisin
RE: t_�,1,Ftria�� Tntrn-n1I�:�:
WE ARE. SENDING YOU i `'` 1 ATTACHED F—] UNDER SEPARATE VIA
i4f HAND DELIVERED 1-1 CHANGE ORDER SAMPLES
7 SHOP DRAWINGS E PRINTS PL ANS
7 COPY OF LETTER
THE FOLLOWING ITEMS
F1SPECIFICATIONS
OTHER
COPIES
DATE
DESCRIPTION
7
12/17 f,36
Final Flat,
El ARE TRANSMITTED ❑ APPROVED/SUBMITTED
FOR APPROVAL ❑ APPROVED/AS NOTED
FOR YOUR USE F-I RETURN/CORRECTIONS
❑ AS REQUESTED
FOR REVIEW or COMMENT
❑ FORBIDS DUE 19
REM ARKS
COPY TO:
RESUBMIT FOR APPROVAL
SUBMIT FOR DISTRIBUTION
Q RETURNED CORRECTED PRINTS
E] LOAN PRINT/RETURN
SIGNED Mr. Charles E. Nlalido-x.Jr. P.E.
Vice President
REV_ 2_O
COUNTY of FREDERICK
Departments of Planning andB{uuilding
703/iF5-5650
February 20, 1986
Charles E. Maddox, Jr., P.E.
Gilbert W. Clifford & Associates
P.O. Box 2104
Winchester, Virginia 22601
RE: Subdivision of Lakeview Townhouses, Section 4
Dear Mr. Maddox:
This letter is to confirm the Frederick County Planning Commission's action at
their meeting of February 18, 1987:
Approval of the subdivision for Lakeview Townhouses, Section 4. It is the
understanding of the Planning Commission that the Sanitation Authority has
approved these lots for water and sewer connections. This property is zoned RP
(Residential Performance) and is located north of Route 642, in the Lakeside
Subdivision, Shawnee Magisterial District.
If you have any questions regarding your subdivision, please do not hesitate to
call this office.
Sincerely,
Robert W. Watkins
Director
RWW/rsa
0 C-nnrt CrniarP _ P.O. Box 601 - Winchester, Virginia - 22601
F C S A
rj
+ .3 1987
UIUTCD
FINAL PLAT
u; u
Ildcaiew Townhouses Sediv? H
SHAWNEE DISTRICT
FREDERICK COUNTY, VIRGINIA
oK
10
/1 j
a,,�°%� ,,,, L CATION MAP ��E:ii=zoo ,`.^�:�•
APPROVED B
FRED. CO' SANITATION A Date 9
'PLAIi�INQ�� - Date
O�1T ADMII�iI3T'�RA ` ? c Date �J
VA. DIIPT. OF�H1GiWA Date
OWNERS 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,
ndersig d ers, proprietors and trustees, if any.
All property. owners in Lakeview Townhouses are required to belong to '
.r
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 maint�gnanwe of those areas. All property owners ; must pay an annual
assessnent 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.
• S,URVEYOR�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 W the,-Offige, of the Clem of, the. Circuit Court of Frederick
county, Virginia ' in Deed Book at page
'41 LTU OFF, P. Duane Brown, C. L.S.
F. DUANE CRATE- DECEMBER 17, 1986 COVER SHEET
O
BROWN _
V�D"44-A..� V. SHEET
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, I �7iFUTURE D NOTES
1 5
MINIMUM FRONT SETBACK P 20"
CURVE TABL,>r .
Radius Am Tan- Chord Ch.Bear'in¢
1 28'06'07' 290.00, 142.24' 72.58' 140.82' S66.21'36'W
2 8633'09' 240.0(Y -° 362.55' 225.98' 329. Q5' N84-24'54'W
3 12.183�' 1038.00' 223:01' U1.94' 222.58' '107W-37-W
0�'a ZL7her;l*ew 7ownhb'use.5 Section.' TZ "
DUANE �,� DATES DECEMBER 17, 1986 SCALE ...y ,J
� BROWN «+
NO. -im SHEET
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OF
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P. DUANE; DATE DECEMj3ER 17, 1986 SCALE1"= 40'
BROW
NO.1285 rt w 4#Fwmiates, ina SHEET
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FUTURE DEVELOPMENT-5
-' NOTE
MINIMUM FRONT SETBACK=20�
o�� T Flop
P. DUANE
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.Lahcovew Townhouses Sedion -.
DATE: IDECEMBER 17, 1986 SCALE: 1 40'
0
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�TURE.. oEVE�PMENS ���
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'f 46.50'09"9 131.00'
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Is Lot 47 I • s , Z
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-
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,
o� P. ME DATE: DECEMBER 17, 1986 .SCALE I"= 40'
BROWN r+
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5
LAND IS" owe GrommiM DOW sMOMKlN�LAND NJ,iNi[Ri
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HACKBERRY DRIVE (6d R/W) --
4
AREA SUMMMARY
ME
Area in Lots 3.2953 Acres
Area in ParldAg - - • is if) 82 Acres
Area In Open Space 1.9130 Acres
Total Area b iac'ivided 6.3765 Acres • NOTE _i
blo. of Lots 62 MINIMUM FRONT SETBACK-20'
Average Lot SL-m 2, 315 Sq.. Ft.
FF�'1a1�cUlew To'wnhouse..
. I
R ^
P. DUANE r M_
WOO BROW14
NO. I=
k>4�b
LINO
Section .17Z
DATE: DECEMBER 17, 1986 SCALE 1*'= 40'
CLUm rt w cliff inc, SHEET
6
ENOINMERE - LAND PLANNEp;I OF
sLEtvErow 6
f Dicta Gn Y A� �1 (703) 00114t11! Wk h.an, Vkg&M* 20 �t (C O.1 GGiWX_
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I
BM]31-3i�a
NOV - 3 1987
THIS DEED OF DEDICATION, made and dated this 3rd day
of November, 1987, by and between SHIHO, INC., a Virginia
Corporation, 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 December 17, 1986, known as Lakeview
Townhouses, Section IV, 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 the same real estate conveyed to the DECLARANT by deed
dated November 2, 1987, 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 IV.
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
0
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 IV, 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 December 17, 1986, 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 the same real estate
conveyed to the DECLARANT by deed dated November 2, 1987, 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.
2
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).
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.
3
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
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
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
4
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.
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,
• 5
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).
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
6
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
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 Owner 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.
7
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
paid within 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
8
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
IV, Lots 1 through 62, 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
9
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-
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
10
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
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.
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 riot 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
12
Townhouse 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 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 garage nor carport shall be per-
mitted 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
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 fence or hedge shall be constructed
or erected on any Lot in said Subdivision.
8. 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.
9. 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.
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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 IV 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
exposed to the elements shall bear the
15
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 IV 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
or separated into smaller lots by any
Owner and no portion less than all of
16
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 IV 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
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
18
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,
successors 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
. t ,
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)
DAVID B. HOLLIDAY, PRESIDENT
COUNTY OF FREDERICK, VIRGINIA
By
STATE OF VIRGINIA,
OF TO -WIT:
(SEAL)
I, , 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 November 3, 1987, has personally appeared
before me and acknowledged the same in my State and jurisdic-
tion aforesaid.
Given under my hand this day of November, 1987.
20
LAKESIDE--LAKEVIEW TOWNHOUSES
SECTION 4