HomeMy WebLinkAboutLakeside-Village At Lakeside Section 6 - BackfileAKESIDE
STATES'
LAKESIDE DEVELOPMENT COMPANY
P.O. BOX 3276
WINCHESTER, VIRGINIA 22601
(703) 667-2120
October 19, 1989
TO WHOM IT MAY CONCERN:
P
OCT Z 3 iAAB ICI
v
This is to advise you that the following areas of Lakeside Estates in
Frederick County, Virginia falls u-ndQr 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 i 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 associatiorit 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 way phone or
write to Lakeside Development Company
P.O. BOX 3276
Winchester, Virginia 22601
Thanking you in advance I remain.
Sincerely,
:Z
ave Holliday
President
Lakeside Development Co.
4
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,
1
Stephen M. yurisin
Deppty Director
SMG/rsa
cc: John R. Riley, Jr., Frederick County Administrator
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
COUNTY of FREDERICK
IDepartment of Planning and Development
Robert W. Watkins - Planning Director
703/665-5651
May 8, 1987
Mr. Chuck Maddox
Gilbert W. Clifford and Associates
P.O. Box 2104
Winchester, Virginia 22601
RE: Lakewood Manor, Section 6
Dear Chuck:
This letter is to vertify that, at their meeting of May 6, 1987, the Frederick
County Planning Commission approved the Final Subdivision Plat of Lakewood Manor,
Section 6, with the requirement that the plats include the notation: "sewer
hookups are available according to the policy and procedures of the Sanitation
Authority and the available capacity".
This plat is for the subdivision of 11.9420 acres into 28 single—family lots, open
space, right—of—ways, and easements. This property is located at Lakeside, north
of Route 642, in the Shawnee Magisterial District.
If you have any questions regarding this subdivision plat, please do not hesitate
to contact me.
Sincerely,
Robert W. Watkins
Planning Director
RWW/dkg
cc: David Holliday
9 Court 4cniare - P.O. Box 601 - Winchester, Virginia - 22601
SUBDIVISION
The Village at Lakeside, Section 6
Zoned RP (Residential Performance)
28 lots (11.9420 acres)
LOCATION: Lakeside, north side of Route 642
MAGISTERIAL DISTRICT: Shawnee
ADJACENT LAND USE AND ZONING: Residential Land Use and Zoning
PROPOSED USE AND IMPROVEMENTS: Subdivision of 11.9420 acres into 29 single-family
lots, open space, easements, and right-of-ways.
REVIEW EVALUATIONS:
VA Dept. of Highways & Transportation - No objections. Overall plans are
alright.
Sanitation Authority - Plats are approved with regards to water and sewer
easements.
Stephens City Fire Company - Shall comply with Chapter 10 of the Frederick
County Code as a minimum.
Inspections Department - This subdivision request for single-family dwellings
shall meet all requirements of Section 309.0, Use Group R (Residential
Buildings) and Section 309.4, Use Group R-3, Structures of the BOCA Basic
National Building Code 1984, and One and Two Family Dwelling Code.
Planning and Zoning - No objection. All plats are drawn in accord with the
approved master plans and the subdivision and zoning codes.
STAFF RECOMMENDATIONS: Approval.
PLANNING COMMISSION RECOMMENDATIONS OF 4/15/87: Tabled.
RAY D. PETHTEL
COMMISSIONER
AL
h ' col
�198801,
T�,7COMMON'Y�' EALTH Of VIRGINJ �
DEPARTMENT OF TRANSPORTATION
P. 0. BOX 278
EDINBURG, 22824 W. H. BUSHMAN
RESIDENT ENGINEER
(703) 984-4133
.Tune 27, 1988
Mr. Dave Holliday Ref: The Village at Lakeside
c/o Dave Holliday Construction Co., Inc. Section VI
P. O. Box 2715 Frederick County
Winchester, VA 22601
Dear Dave:
This is to advise that on June 22, 1988, a field inspection was made on the
above referenced subdivision streets and to offer the following items needing
corrective attention before these streets would be eligible for acceptance into
the State Secondary System.
General Note: All mail boxes and paper boxes shall be set back a minimum of 4'
from the edge of pavement to the front face of box. Majority of all private
entrances need an application of stone overlay and must be installed with our
minimum requirement of 20' entrance radius. Bare spots in the shoulders, ditch
lines, and embankment will require top soil and established vegetation.
Summer Lake Drive
- Remove 12" culvert and install private driveway to Department's
requirements with a Swale ditch (no culvert required). Lot 162
- Bent culvert end at Lot 181 and Lot 171.
- Install private driveway at Lot 192 and 193 to Department requirements.
- Culvert under roadway at Sta. 6+00 has bent end at outlet end. Reshape
ditch lines and shoulders at both ends of pipe. Provide positive
drainage in easement. Top soil and establish vegetation.
- Portion of street at the Cul-de-Sac bulb will require replacing all
existing 12" culverts in private driveways with minimum of 17" 13"
Cm pipe or removing the 12" culverts and constructing_, the entrance
by providing a swale ditch for drainage.
- Place fill material, top soil, and establish vegetation around
MH #L-46.
- Grade ditch line and shoulder fronting Lot 170, top soil, and
establish vegetation.
TRANSPORTATION FOR THE 2 1 ST CENTURY
Mr. Dave Holliday
June 23, 1988
Page Two
Blackwater Court
- Removal of existing 1' x 2' rubble masonry mail box post from
roadway shoulder fronting Lot No. 167 is required.
- Establish vegetation in drainage easement between Lot 165 & 166.
Also provide positive drainage in ditch line fronting aforementioned
lots to drainage easement and establish vegetation.
- Culvert No. 2 crossing street has damaged end at inlet end. Also grade
for positive drainage at inlet end and provide EC-1 Rip Rap on
embankment slope on outlet end to control erosion. Top soil and
establish vegetation.
This review is in general and any conditions which were omitted as to overlooked
or resulted afte=_wards could and will b=_ brought to your attention upon review.
Therefore, we are asking for ye.;r help along with your contractor's to cooperate
with the items mentioned in this letter along with any conditions in the field
which ware omitted. Also, we want to bring to your attention that the streets
must be maintained in an acceptable condition until added to the secondary road
system.
Sincerely,
C. William Lam
Hwy. Permits & Subd. Spec. Senior
For: W. H. Bushman
Resident Engineer
CWL/eg
xc: Mr. Steve Gyurisin
Mr. Jerry King
Mr. C. E. Maddox, Jr.
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
RAY D. PETHTEL EDINBURG, 22824
COMMISSIONER
(703) 984-4133
May 18, 1987
Mr. Charles E. Maddox Ref: Village at Lakeside
c/o Gilbert W. Clifford & Assoc., Inc. Sections V and VI
Post Office Box 2104 Frederick County
Winchester, Virginia 22601
Dear Chuck:
This is to acknowledge receipt of the revised plans for the above referenced
subdivision. It appears the plans have been satisfactory revised as per our
request.
If additional information is needed, please advise.
Sincerely,
K. D. Walker
Inspector
For: W. H. Bushman
Resident Engineer
;FHB/ r*n'
.sc: ter. J. C. Heatwoic-
JYjr. Ru: ert Watt:ins
MAN
NEER
f TRANSPORTATION FOB THE 21 ST CENTURY
COUNTY of FREDERICK
Departments of Planning and Building
t `S O R A N D J M 703/6-" 5650
Virginia Dept. of Hiahways , ATTN: Mr. I.liilian Bushman
Planning and Zoning , ATTN: Mr. Stephen M. Gyurisin
Stephens City Fire Company ,.ATTN: Mr. Frank Welch
Inspections Department-^-';"ATTN:Mr. Kenneth Coffelt
Sanitation Authority ^, ATTN-Mr. Wellington Jones
�..i i J
FROM: Robert W. Watkins, Director_ � DATE: March 9, 1987
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
Preliminary Master Plan X Subdivision Rezoning
We are reviewing the enclosed request by The Village at Lakeside - sprri on 6
or their representative, P. Duane Brown 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:
Plats are approved with regards to water and sewer easements.
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i
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Signature Date / ��
Q ('nurt �nnare - P.O. Box 601 - Winchester, Virginia - 22601
t
COUNTY of FREDERICK
Departments of Planning and Building
MEMORANDUM LLG
703/6'SS 5650
Virginia Dept. of Highways
, ATTN:
Mr.
Wi l_am Bushman
Planning and Zoning
, ATTN:
Mr.
Stephen M. Gyurisin
Stephens City Fire Company
, ATTN:
Mr.
Frank Welch
Inspections Department
, ATTN:
Mr.
Kenneth Coffelt
Sanitation Authority
ATTN:
Mr.
Wellington Jones
ATTN:
FROM: Robert W.
Watkins,
Director
DATE: March 9, 1987
SUBJECT: Review
Comments
On:
Conditional Use Permit Site Plan
Preliminary
Master
Plan X
Subdivision Rezoning
We are reviewing the enclosed request by The Village at Lakeside - Section 6
or their representative, P. Duane Brown 667-2139
Will you please review the attached and return your comments to met`'';c�
as possible.
------------------------------------------------------------- -------
cli
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
Shall com 1 with Cha ter 10 of Federick County Code as a minimu '
----------------------------------------------------------------------------
Sign
------ Date e=1_�_`_ —Z-------
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 ``L-b
703/6 5-5650
Virginia Dept.
of Highways
, ATTN:
Mr.
Willian Bushman
Planning and
Zoning
, ATTN:
Mr.
Stephen M. Gyurisin
Stephens City
Fire Company
, ATTN:
Mr.
Frank Welch
Inspections
Department
, ATTN:
Mr.
Kenneth Coffelt
Sanitation Authority , ATTN: Mr. Wellington Jones
, ATTN:
FROM: Robert W. Watkins, Director DATE: March 9, 1987
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
Preliminary Master Plan X Subdivision
Rezoning
We are reviewing the enclosed request by The Village at Lakeside - Section 6
or their representative, P. Duane Brown 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_c uSrti
12-3
-------------
--
o�
Signature_-�-
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
rs>�
FINAL PLAT
S�MON VI
reflC ma dfl
SHAWNEE DISTRICT -
FREDERICK COUNTY, VIRGINIA
/�f,
/ � i �• t tI• L i
APPROV D B
Frederick County .Sanitation Authority _pate
PI ann,ing Commission _ Date_
Subdivision Administrator Date o_Z_
Va. Dept. of Highw - 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 under-
signed owners, proprietors, and trustees, if any.
reors. as ,s own herein are. hereby dedicated to the public use
All property owners in The Village at Lakeside are kei iztxired''ta belong. to .
the Lakeside Horne Owners Association. The Association is the owii r.o:f ali stew
shown as open space on the attached plat and in responsible for-.•thb ms.i:hte.nance
of those areas. All ;sroperty.owners must pay an annual assessment'to pay. for
this zwUntenance. This .foe and..all ' other rules of thg AssocloLt3 oriare set
forth in the Restrictions„ and 'Covenants- attached hereto. A copy 'of thd"Final
Master Development Plan for. Lakeside Estates is on file at the- Frederick County.
Department of•Plannkflg•and Development.
.SURVEYOR'S 'CERTIFICATE
ereby 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 Fred-erick County,
Virginia in Deed Book at page
0� �►ALTNpp. Duane .Br6k-n, C7.L.S.
o� P. DUANE DATE: FEBRUARY' 27, 1987 '-COVER SHEET
BROWN
-SHEET
N0. 1285
gilbert w. c11ii iaces, ine- 1p .
ENou1EEM — LAND ►1A1/1M Ol
LAND SJ ISO-C oN» Greenwich D.N. SURVErof s s.•w : 8
CURVE DATA
No.
:
Radius
Mc
Ten.
Chord
Ch. Bearing
t
151149'07"
- 245.00' -
67.64'
34.04'
67.43'
S56.561.13"W
2-
39'22'29" _.
_ 220.00' _
_ 15 t.19'-
78.72 `
148.23'
N45' 09'32 "E
3
66'4425" .
_220.00'
266.26,
144.909
242.02'
N07.53'55"W ,
4
35' 14'59" ` -
430.00" -
264.55'
136.61 '
260.39'
. $46.54' 13 "E
5
I W35'02"
245.00'
79.47'
40.09'
79.12'
N55.33' 15 "E
6
100071070
245A0'
43.27'
21.69'
43.248
N41 • .12' 10 "E ,
7
79' 19141 "
25.00'
34.61 '
20.73'
31.91 '
N75*48'27 "E
8'
170301580
406.000
123.81'
62.39'
123.33'
SSS-146-13"E
9
09.48' 13"
405.00.0.
69.30'
34.73'
69.21'
S42.06'38 "E
10
52' 16'38"
25.00'
--22.81'
-12.27'
22.03'
S 11.04' 12"E
11
74.05104 0 .
50.00'_
64.65'
37.74'
60.24'
S21.58125 "E _
12
40-14-44"
50.00'
35.12'
18.32'
34.40'
S79.08' 1V E
13
50.47'22"
50.00'
44.32'
23.74'
42.89'
N55.20'38 "f -
14
44'54121 " ;.
� 50.00'
39.491
20.66''
38.19'
N07.29'46"E
15
66'08'09"
50.00'
57.71'
32 W
54.56'
N48'01'29"W
16
441145934"
25,000-
19.53'
10.29'
19.04'
N5814247"W
-17
10"00'050
455.00'
79.42'
39.81'
79.32'
N41620'03"W
18
10'00'Q5"
455.00'
79.42'
39.81
79.32'
N51'20'08"W
19
08' 11'32': -
. 455.00'`
65.06'
32:58'
65.00'
N60.25'57 "W
20
79' 1941 "
25.00'
34.6 P
20.7�'
31.91 '
N24051 '52 "W
2.1
09.37'53"
24t.00'
41.18'
20:64' '
41.14'
N09659'02"E
22
16.25 ZS"
245.00'
70.24'
35.36'
70.00'
NW0242 "W
23
16025'35"
245.00'-
7Q.24'
35.36'
70.00'
N 19"28' 17 "W -
24
13035'03"
245.008
58.09'
29.18'
67.95'
N34.28'36"W
25,
48.11'23" `--
25.00'
21.03'
11.18'
20.41'
N 17.10'26 "W -
26
61.02.104"
50:00'
53'26'
29.47'
50.78'
N23.35'46 "W
' 27
45.55'45"
50.00,
40.08'
21.19,'
39.02'
N77'04'41 "W
- . 28
51.4577"
_ 50.00,
45,17'
24.26'
43.65'
S54.0443 "W
29
441132'22"
50.00'
_38.87'
20.48'
37.90'
SOW55'48"W __._..
" 30
73'07108"
50.00'
63.81'
37.08'
59.57'
S52.53'56"E
3.1.
48' 11'23"
25.00'
21.03'
11.18'
20.41'
S65.21'48"E
32
22110276"
195.00'
75.0.1'
37.98'
74.55.
S30.14'54"E
33
24623147"
195,00'
83.03'
''
82.40'
S07.0.1'48"E
34
23'08'44" '
195.00'
78.77'
39.93'
78.24' .
S16.44'28"W
35
02'S6'42"
195.00'
10.02'
5.01'
10.02'
S29'47'11 "W
36
0265712"
195.Q0'
10.07'
5.04'
10.07'
S32644' 18 "W
37
23.07'54"
195.009
78.73'
39.91'
78.19'
345.47100"W
38
0711291490
19&00'.
_ 25,51'
1.2.78'
25.50'
%1.05'52"W
"THE AVAILABILITY OF SEWER -HOOK -UPS -IS SUBJECT TO POLICY AND PROCEDURES OF THE
SANITATION AUTHORITY AND AVAILABLE CAPACITY OF TREATMENT FACILITIES AT THE TIME
OF THE REQUEST"
AREA SUMMARY',
AREA IN LOTS_____-____7.146.6-ACRES
AREA IN R/W___1.2l28 ACRES
AREA tN OPEN SPACE_____:._3.5>826 ACRES
TOTAL AREA--SUBDIVIDED_____II.9420 ACRES
NUMBER. -OF I_OTS______r____ 28 -
AVERAGE LOT SIZE ______..____I1* 118 Sq. Ft. _
P. DIIANE DATE: FEDRUARY 27, = 198/ cuavE DATA
ROW, > ,
N0, 1285 SHERT
C� 4. Silbert w cliff x, Anc.
3•`yt,�' J�J� s oes�"""E"s of
L4 ND ,s.c aa. c...... • o.N. war: m'°"mn ae'""w 8
-
Ok
;'12
Q
/\'�►� "- _ _ I
16887• ? fi. _4]j7 �8' 1 1'_E_� 390.4_I' t
��.�• tW t.:.'
In
LOT 16
6/,
,!• ;� 9923 Sq. Ft. t:�► • LOT 165 0,'0 0
6LOt 16�' [ m,m o� o
W A 0 10165 Sq. Ft.
8 87-Sq -Ft. —>��~� ry/°
21 l l
�•�•'�f"••'• EASORAlNq�E a
(O
t
BLACKWATER - COURT
_1(SD• R�W)LU
Do? I �� ASEM DRAINAGE
r» � r ENT � � 10 v
e• -
�; LiuI LOT 158 OD°
Y i e 11659 Sq. Ft. :.::.En,(D160
IW
11 �� `•-_s 1407 „£-_I ::1� LOT 159 N�L'
I .i,_"�=" 112745 Sq. F .6[m
/ N (At '° C
;
0 LOT 157
Na 1// 10648 S Ft . ° I ' a
q
4fi•48'01i
1 t y t
ViLLAGE
• •. i r �i
DENOTES IRON ROD TO BE SET
ON LOT LINES.e THE 13UILDING
SETBACK LINE. (i.e. 35' from
road Right-of-way )-
Min. Front Setback = 35' . All Lots are Single Family Detached- Traditional.
(unless otherwisee-specitied) All Lots are subject to a 10' Slope & Drainage
-Miry: Rear Setback = 25' Easement along all Rights -of -Way and -a-10'
Min., idt-tetback -101 utility Easement along bll Propertq 1ines. t �• . '
A>LTN D��" lsW�f �a alb L c eIY�G �t�b U a� 0
P. DUANE DATE: FEBRUARY 27, 1987 SCALE: 1 "=50'
BROWN
N0.1285. SHEET
• �>�rt M . &too, ice. 3
�'�jt•0 SJ EMQWMRS — LAN a "s O�
LAND SOUM Caw~ g
\ -�``'t LOT i 64 A
C on o 110908 Sq. Ft.
M 165 ° �ci - nv;'� �. LOT 163 �£
• N. —�16583 S . Ft.
zj
Ex
:. — 8
- BLACKWATER COURT
(SO' R ZD
_ �W, o I
Fi
LOT 162�'to16236 Sq. Ft.
��� ,� m "1
Ul
cl,
^ p\ .._
LOT lbl ,Y
°m LOT 160 N �`�-\ 15564 ,Sq.`'Ft. '
�0659 Sq . FtT-\ w_ �'\
0)
86_ 40 _ta r '..
N 36• _ 8. 89
..:Y , :2 l 5 W 175.09----�,
DENOTES IRON ROD TO BE SET
ON LOT LINES @ THE BUILDING
SETBACK LINE.6.e. 35' from
road Right-of-way )
Min. Front Setback'= 35' °
-All Lots are Single Family- Detached- Traditional.
(unless otherwise specified)
All Lots are subject to a 10' Slope & Drainage
Min. Rear Setback = 25'
Easement along all Rights -of -Way and.,a 1P'
Min.'Side Setback =' 10'
Utility Easement -along all Property Wnes.
Wz0vthe Yll_LAGE at LAKEFNII �E SE�GTIGN VI
W P. DUANE ', DATE: FEBRUARY V. 1987 SCALE: i "=50'
:SHEET
N0. 1285 Wubert.., . elitr intes, ine. 4 ..
4
,�FO sJ�J r,«oRS ws of
[AND •e.c aa. erg..." oe.. $
"W% YWIM . 2=et
,/�S``�O•�se2
4 ^ �9 d•
ro
LOT 171
�.172
10513 Sq. Ft.
S9
25 ,' �a��a LOT 170
12123 Sq. -Ft. ssl\
\'\, SUi+�� 24 ,� / LOT 169
FR � 12613' Sq. Ft. iD
a�
��p \` �G� 23 �a 01 �/ / \ � ✓
• ,•
IA
LOT' 168-'-
(9 ,
\ \ 11841 S4, Ft, \
�1 t yr-•,r-$4. 49 �� W ,
--� N 166
167 i
- 8
see S-ne t g of
• DENOTES IRON ROD TO
BE
ON .LOT LINES. @ THE BUILDING
SETBACK LINE.6.e. 35'
from
road Right—of-way-)
Min, Front Setback = 35'
All Lots are Single Family Detached- Traditional.
(unless otherwise specified)
All Lots are subject to a 10' Slope & Drainage
Min, Rear Setback = 25'
Easement Along all Rights -of -Way and a 10'
Min. Side Setback = 10'
Utility Easement along all Property Lines.
Ra VOLUME M% D AaIEMUM ' 0=790M
W9
P. ANE ..►
DATE: FEBRUARY 27, 1981 SCALE: i "=50'
T
BR N
SKEET
N0.1285
eiib•rt w cuff sates. ina
5
�Fo
of
��y�
LAND
ENE�so
sufrnyo"
$
f ZM1 (M no-M$ wbm*AG R Mrw" ="Ii M7�
F.
S 74'21128"E
r�------ 129.81 S
LOT 17 3
i ,� /.... ..::::::.:� .:•::.:� � �::.. � \ s
11360 Sq. Ft.
EAS MA ENT E ',l��'� LOT 172
LOT 174`
12597 Sq . Ft.27—may 171
26 V
1
25
LOT 175 29
781 $q. FJ
31 �\
�\ a 310�
-' C LOT 176 3
.�07 Sq . 4 k. .
\ A���, (b
�193
I
4 DENOTES IRON ROD TO BE SET'
ON LOT LINES @ THE BUILDING
SETBACK LINE. (i.e:' 35' from
road Right-of-way )
Min: Front Setback = 35' All Lots are Single Family Detached- Traditional.
(unless otherwise specified) All Lots are subject to a 10' Slope & Drainage
Min. Rear Setback = 25' Easement along all Rights -of -Way and 'a.10' .
Min. Side Setback = 10' Utility Easement along all Property Lines.
soPF7 ���f
P. DUANE �c DATE: FEBRUARY 27, 1987iAP SCALE: 1 "=50'
BROWN �.�,.� Y -'
NO. 1285 SHEET
4 gHbert .,. cliff I ates, ine- G
SJ� EN LAND MAMMAS
Of
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z
x
W
.0
0 4. 31
7 3
?01
41
4P
Lo
176
LO� M�TgGF �^� tiF0 ��
S
411� X8618 Sq. Ft'/ O
3
�k...�LOT 178
8561 Sq'. Ft,
ve
LOT 179
8401 Sq. Ft.
>
74-
--- CP
141.47'
LOT 193.
342.Sq. Ft V� LOT 180
r is;
9937 Sq. ,Ft.
S
34
i
:ti_ 36
1 IET' e7l
SAN-
-RWER
OY �4SEMEN T -7
9948 Sq. Ft.
(D7
2
0
LOT 182'
9 402 Sq. Ft./
-114. — e-
I 1 %1
10N 0
47
K ES,
z.
• QENOTES IRON ROD TO BE SET
ON LOT LINES @ THE BUILDING
SETBACK LINE.0.e. 35- irom
road Right—of=way
Min. Front Setback = W All Lots are Single Family Detached- Traditional.
(unless otherwise specified) All Lots are subject to a 10' Slope & Drainage
Min. Rear Setback = 25' Easement along all Rights -of -Way and a 10'
Min. Side Setback 10' Utility Easement along all Property Lines-.
11918-Sq.
;84
r.7 X! Vf: AG E
V
v.Vii
0
'W4i
P. DUANE HOW
NO, 1285
No LAND SJ�
the VILLAGE �t LAKESIDE
MIECT0099 va
DATE: FEBRUARY 27, 1987 SCALE: 1'*=50'
SHEET
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wenw" Ddm 8
pm Wmdw"W. VWO" ZNM (704 Off4rtU
;84
r.7 X! Vf: AG E
V
v.Vii
0
'W4i
P. DUANE HOW
NO, 1285
No LAND SJ�
the VILLAGE �t LAKESIDE
MIECT0099 va
DATE: FEBRUARY 27, 1987 SCALE: 1'*=50'
SHEET
g-flb ert wv. &too, inm'7 or
wenw" Ddm 8
pm Wmdw"W. VWO" ZNM (704 Off4rtU
r
`. N/F -
\NOMAS L. PERRY
'::y,1
�'b W LOU/SA M.
N/F
MERV/L L. OA/LEY "
• _ i S'
c 20' UTICITY EASEMENT_
o`;;
13*
OPEN SPACE Q
{ 3.5826 Acres
z• �
W
w 6 /a•%
°�--Q�oo
o
LLJ
ZIP
o{tv 1p�
W
zi
U?
__ �•' _ - tip'
s
c�L,�111ON Act.,
r � ,
�huals OV
o�� 0
r P.1DUANE I
BROWN
NO.1285
tl--a LAND SJ�
Us
UAT€:' FEBRUARY 27; 1987 SCALE: I"=10d
SKEET
ailbost W. cliK 0. Inc. 8
of
—
s•wr°�.
FINAL PLAT
S(CT10N VI
�aaa ffia aaM
SHAWNEE DISTRICT -
FREDERICK COUNTY, VIRGINIA
1-01
1rt . ��) j s .•r
APPROV
Frederick County .Sanitation -Authority _ pa to '
PI ann•ing Commission Date
Subdivision Administrator P &4 UA Date
Va. Dept. of Highw Date .sly,fA0
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 under-
signed owners, proprietors,, and trustees, if any.
r
_7*s ee s, as Shown herein are, hereby dedicated to the public use.
All property owners in The Village at Lakeside -are' regiired'ta-belong.to
the Lakeside Horne Owners Association. The Association is the owrier.'f aka areas
shown as open space on the attached plat and is responsible i'or.-thee ma hte.nanc'e
of those areas. All i3roperty owners must pay an annual assessment to pay:for—
this miiintenance. This .fee and -all other rules oP thg AssocIatiori are set
forth in the Restrictions'and'Covenants attached hereto. A copy 'of the"Fina1
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
ALTAII0 P. Duane .Brown, C_.L.S.
o} P. DUANE DATE: FEBRUARY' 27, 1987 yCOVER SHEET
BROWN� > • SHEET
NO. 1285 ;
CUbers w cliii iwtes, inc. 1
of
LAND ,so•c owe afoenw n DO" SURVEYORS 8
Fna.Aer.sw% Vk9ft" 224W f7M "S-ills wrlwww, vfislM. 32W (1q) M
CURVE DATA
NO.
•
Radius
Arc
Ten.
Chord
Ch. Bearing
t
15"49'07" -
245.00'
67.6j4
34.04.
67.43'
S56.561,13"W
2
39.22'29"
220A0'
15 t<.19'
78.72'
148.23'
N451109132"E
3
66`44'25"
226.00'
256.26'
144.90'
242.02'
N07.53115511W ,
W 4
35.14'59"
430.00'
264.55'
136.61 '
260.39'
$46.54' 13 "E
5
1WNW"
245.00'
79.47'
40.09'
79.12'
N55.33' 15 "E
6
10.07'07"
245.00'
43.27'
21.69'
43.21'
N41' 12' 10 "E
7
79" 19'41 " --
25.00'
34.61 '
20.73'
31.91 '
N75048'27 "E -
8
17.30'58"
, 405.00' ,
123.81 '
62.39'
123.33'
S55 ;46' 13"E
9
09.48113"
405.00'
69.30'
34.73'
69.21'
S42.06-'38"E
10
52' 16'38"
25.00'
22.81 '
12.27'
22.03'
S 11.04' 12 "E
11
74.05'04"
50.00'
64.65'
37.74'
60.24'
S21.58'25"E
12
40' 14'44"
50.00'
35.12'
18.32'
34.40'
S79'08't9-"E
13
50.47'22" -
50.00'
44.Z2,
23.74'.
42.89'
N55.20'38"f
14
44'54'21 "
50.00'
3M 9'
20.66'-
38.49'
N07.29'46"E
15
66008 *09 "-
50.00'
57.71 '
32.55'
54.56'
N48.01 '29 "W
16
44.45 *34"
25.00'
19.53'
10.29'
.19.04' .
N58'42'47 "W
-17
10.00'05"
455.00'
79.42'
39.811
79.32'
N41.20'03 "W
18
10600'05"
455.00'
79.42'
39.81'
79.32'
N51020'08"W
1.9
08611'32"
455.00'
65.06'
32.58'
65.00'
N60.25'57 "W
20
79' 19'41 "
25.00'
34.6 i•'
20.73'
31.91 '
N24651 '52 "W
2t
09'37'53"
245.00'
41.18'
20.641'
41.14'
N09'59'02"E
22
16625!35"
245.00'
70.24'
35.36'
70.00'
NOY02'42"W
23
1 W25'35"
245.00' --
7024'
35.36'
70.00'
N 19'28' 17 "W
24
1-3.35'03"
245.00'
58.091
29.18'
67.95'
N34.28'36 "W
25
4861113 " `
25.00'
21.03'
11.18'
20.41 '
N 17" 10'26 "W
26
61'02'04" --
50.00' -
53.26'
29.47'
50.78'
N23'35'46 "W
' 27
45655'45", ' -
50.00'
40.08'
21.19,'
- 39.02'.
WM4141 "W
- .28
51.4577"
_
50.00'
45.17'
24.26'
43.65'
S54004'43 "W
29
44.32'22"
50.00'
38.87'
20.48'
37.90'
S05.55'48 "W
" 30
73'07'08"
50.00'
63.81'
37.08'
59.57"
S52'53'56 "E ,
3.1
48.1 V23"
25.00'
21:03'
11.18'
20.41 '
S65.21 '48"E
32
22'02'26"
195.00'
75.0.1'
37.98'
74.55.
S30.14'54"E
33
24'23147"
195.00'
.83.03'
12.15"
82.40'
S0160.14811E
34
23608144" '
195.00'
-78.7T
39.93'
78.24'
S16'44128"W
35
02'66'42" -
195.00---
10.02'
5.01'
10.02'
S29.'47'1 I "W -
36
02'57'32" .
196.00'
10.07'
5.04'
10.07'
S32'44' 18 "W
37
23.07'54"
195.00'
78.73'
39.911
78.19'
345.47'00 "W
38
071129149"
195.00,
25.51'
1.2.78'
25.50'
S61.05'52low
"THE AVAILABILITY OF SEWER
HOOK-UPS IS SUBJECT TO POLICY AND PROCEDURES OF THE
SANITATION AUTHORITY AND AVAILABLE CAPACITY OF TREATMENT FACILITIES AT THE TIME
OF THE REQUEST'
a
AREA SUMMARY
AREA IN LOTS________7.1466- ACRES
�1 .2128 ACRES
AREA IN R/W_____ AREA IN OPEN SPACE _____T_3.5.826 ACRES
TOTAL AREA SUB DIVIDED_____I1.9420 ACRES
NUMBER. OF- LOTS__- 28
AVERAGE LOT SIZE___________i1,118 Sq. Ft.
a�; XyT �x o�'�,
� P. DUANE �c DATE: FE13RUARY 27, - 1987 CURVE DATA
BROWN
NO. 1285 SHEET
A ginm"I W.cliff , .inc. 2
or
��� CA ND SJR Ime as a "VA" DO" '� °M
0%
47I,'28
/ 168 50,E •) 87. 76''--_f-�.- 11
rk 1 z %
LDT 16.6 !� f� ,I�3CO
,-� I ���' ? I9923 Sq. Ft. �ff'r • LOT 165 0/0 0
'("'LOT 1671 W 10165 Sq. Ft.
8 87 Sq. t. — — ter"• /o
Z 20' DRAINAGE m
: '..4 '-'--' -EAS
2 or
NT
0 a TER COURT
BLACKWA - — - — (SO' RAW) .
O 1ra4 �_r—
J:_
ao > �� EASEM DRA(NALU
20 GE
w t ENT r 10
cc
{ A
d I 11.OT 158 `° I.�
e to
11659 Sq. Ft.
160
o`� �, f r'`---� S 43• 4,16 F-�1 �:.:�� LOT 159
�,
l Kam- 12745 Sq. F .ol
o:
f*-'.:'-.-.'-.'-*-.'-*.'J-
' LOT 157
i
10b4q 8 S . Ft.
>/ I :o; z r a
46°
8r.5
a. DENOTES IRON ROD TO
,BE SET
ON LOT LINES .@ THE BUILDING
SETBACK LINE. (i.e. 35'
from
road Right-of-way )
Min. Front Setback = 35' .
All Lots are Single Family Detached- Traditional.
(unless otherwise -specified) -All Lots are subject to a 10' Slope & Drainage
Min: Rear Setback = 25'
Easement along all Rights -of -Way and -a-10'
Min. Mde'Setback = 10`
"' Utility Easement along ell Propertg •Lines. % <•
IDALTN cry •
Sao �lD�A� a� �C�30[� �40�1
�0
"=50'
P. DUANE
DATE: FEBRUARY 27, 1987 SCALE: 1
DR N
SHEET
No, its
,
' &tes, Inc-3
gilbert W. 7-a
vQ�
�lcQ
e"°'NIEERS L*AO PLANNERS
O�
5J'C"
LANDrOft
t/•d..IC1.MMJ. VkVWAvD]t.07 M" pFS11f Wbahv§M.. VWvk" zM 1 m
8
L r •28'11"E ^' 390.41 ----Z1 i.::::
_ 17 _ --r - g0.00
--r--- 122.66' -'�r
a:3r
/ r
o � LOT 164 o\ --A�:� 1109N Sq. Ft. o-"' -\
M 1650 _ ,�y:� LOT 163 \£
, ry: I --�� 16583 Sq Ft.
z to c
l Z15 /i \ / i A\O y>
17
BLACKWATER COURT
(50' R/W) 1-4
LOT 2
s t_. 16236 S Ft.
q Oil•
to
1
LO
rn
159
i '1 IS IS\ Tom,
o`w-` �\ • LOT 161 �, /� _.. �:
m, LOT 160 \ o;iD.� 15564 , Sq .`'Ft.. 3
t �0659 Sq. Ft�L- W,
N 36. 1 - ,r - 8a.
::54 ; 1 59 W 175.04
125
• DENOTES IRON ROD TO BE SET
ON LOT LINES @ THE BUILDING
SETBACK LINE.0.e. W from
road Right-of-way
Min. Front Setback— 35'
"Ail Lots are Single Family- Detached- Traditional.
(unless otherwise specified)
All Lots are subject to a 10' Slope & Drainage
Min. Rear Setback = 25'
Easement along all Rights -of -Way and.,a 1 P'
Min.'Side Setback =' 10'
Utilitu Easement "along all Proaertu mines.
r P. DUANE ��` DATE: FEBRUARY 2.7,, 107 FSCALE: 1 "=50'
gR�N�.o..... Y
No. 1285 - :SHEET
Gilbert w al ages, inc.
s�s
LAND SJ� lss-c OW c.....rtw Gdw su"Moiis m sww c.;
F..a..+ay.w9. veyrr. MW Rai sN-nu You w." wohm a•s1 (»� sa 8
/�S 30•�se
' (b
0.
172
a 4,)
LOT 171 S; ry
10513
q. Ft
F-
LOT 170 '
12123 Sq . Ft.
�, G�j� Za ,• LOT 169 ° \o
12613' Sq. Ft. iD
tip /G 23 ��• �'�3 ��
�.
e 4>,- 3 asp; l LOT',168- �-'-
(9 s? �: 11841 Scf, Ft. \
l L N 166
:
1� 167 i
i g¢¢ sheet 3 of
• DENOTES IRON ROD TO BE
ON LOT LINES, @ THE BUILDING
SETBACK LINE.6.e. 35' from
road Right—of-way-)
Min. Front Setback = 35' All Lots are Single Family Detached- Traditional
(unless otherwise specified) All Lots are subject to a i O' Slope & Drainage
Min. Rear Setback = 25' Easement along all Rightg-of-Way and a 10'
Min. Side Setback = 10' Utility Easement along all Property Lines.
P. DUANE . DATE: FEBRUARY 27, 1981 SCALE: 1 '=50'
BROWN
NO. 1285 SHEET
cUbert M. cliff ate., ine. 5
of
Fp CAND SJ� EMOMEE"Es —L"Ms A0400 $
fndwltluYwl. YIr�M. ="I (7m Me-"" vr4Wh8 .r. Mr.b:72Wi (7
S 74'21'28"E —�
r--o--- 129.81' / S
LOT 173
\ ,
r'OXry
113b0 Sq. Ft. �.
EA'S MENT E ,� / ro,'� LOT 172(10871� Sq"
> �/
r ' LOT 174
12597 Sq. �Ft. � � : ::.:.�• . 2�_ / � >y 171
<b
40
\(�25�/
�` 14= �� ,F � --.1 s i • � � '� , tea.
LOT 175 is O
w� 781 Sq. Ft,e el
,4i°�./3
1
LOT 176
8,207 Sq . Ft . ^ti
/..~/��
3�\0� s \ /��� 177
!
i193
6 DENOTES IRON ROD TO BE SET'
ON LOT LINES @ THE BUILDING
SETBACK LINE. (i.e..' 35' from
- road Right-of-way )
Min: Front Setback = 35' All Lots are Single Family Detached- Traditional.
(unless otherwise specified) All Lots are subject to a 10' $lope & Drainage
Min. Rear Setback = 25' Easement along all Rights -of -Way and 's.1(0. .
Min. Side Setback = 10' Utility Easement along all Property Lines.
rj►LTH ���r �LLllt� 0 UJunR1fJLG itJlb ;L�70 �1trUiJ 0
r P. DUANE �c� DATE: FEBRUARY 27, 1987 SCALE: 1 "=50'
NO. 1285 ' SHEET
01 �be>•c W. ctirr I az®e, inc. fi
9
��tcQ S�Q ENGIN eRS - L rw+D PLA""`"s Of
LAND" 20 SouftCMWORSWON8
Fni*rlckabwYm Vhp WD2m2401 00) SM-211S Vk*" ZM1 CM4 "?
z
x
I"
(b C /1^0
0,
0
30
?0*
- 4D
e4f, /41
mow
176
LOT 177 %
-14-
8618 Sq. Ft0
/
V, 3
A
-�k;VLOT 178
%
8561 Sq*. Ft,'
LOT 179
I 3\SS��'� q 8401 S. Ft.
0 0
!4 7�
CP
LOT 193 / =�'I —
11342 Sq. Ft
LOT 180
9937 Sq. Ft. 34,
Gi I
$ 1
C1
fn r
I —
1
Z1-
IN iOT
0
1i 182
36
7- A&N. -S--W EERL—
SEME14T -7
. 'LOT 181
;
9948 Sq. Ft. /
37
2 (b
OT 182
12 Sq. Ft./
�0
114,S 0"14
JI ., . f �q
C
Vy Vf: AG*E JA KE,': i
• DENOTES IRON ROD TO BE SET �J �y'•,/
ON LOT LINES @ THE BUILDING
SETBACK LINE. (i.e. 35- from
road Right-of-way
Min. Front Setback = 35' All Lots are Single Family Detached- Traditional.
(unless otherwise specified) All Lots are subject to a 10' Slope & Drainage
Min. Rear Setback = 25' Easement along all Rights -of -Way and a 10'
Min. Side Setback= 10' Utility Easement along all Property Lines-.
O�k
V4 P. DUANE
BROWS'.......
ROWN tc
-xi'.. 0,W,
NO, 1285
NO LAND
the VILIA.GE4rat L�4KES�D, F�
alcygam To
DATE: FEBRUARY 27, 1987 SCALE: 1 '=50'
SHEET
gflbert w., inc-:
or
8
Wbiche$*W, VVV%" 226" (70M MY-*M
\ "4S L. PERRY
-
5 LOU/SA M.
CRdWFORD
N/F
" MERV/L L. DA/LEY
'" W 20' UTIL'ITY
of 4o
1 '/ _
t
OPEN SPACE °Q
3.5826 Acres
t
z • W
o vIb
Ln h
y�Lu
N
uw ot`�
z'
r
Gy �4fZr
1�0011�IjD
P. �DUANE:'FEBRUARY 27.',,,1987 SCALE: I"= ioo'
N0.1285 BROWN
SI�EE'1•Gilbrt w8
of -
��� LANDw°i $
P.
.573 -
J U N 0 2 1987
THIS DEED OF DEDICATION, made and dated this 1st day
of June , 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,
and LAKESIDE DEVELOPMENT COMPANY, a Virginia Corporation,
party of the third part.
WHEREAS, the DECLARANT is the owner in fee simple of
the real estate shown on the attached plats drawn by P. Duane
Brown, C.L.S., dated February-27, 1987 .known as Sectf,. �Im-
The Village At Lakeside, nd Section VIhe Village at
Lakeside, respectively, an._.s_a P "of/f 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 and
Vendor's Lien, dated May 8, 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 plats, has been subdivided into lots, and the
attached plats show accurately the metes and bounds of the
subdivided land, together with the dimensions of each lot
thereof (and also show those certain Easements reserved for
installation and maintenance of water and sewer facilities for
said lots), and further show certain public streets designated
Somerset Drive, Summer Lake, and Blackwater Court, 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, said land is subject to a Vendor's Lien in
favor of the party of the third part as set forth in the
aforesaid Deed and Vendor's Lien; and,
WHEREAS, the DECLARANT now desires to subdivide the
same into lots to be known as Section V, The Village At
Lakeside and Section VI, The Village at Lakeside. The sub-
division of said real estate, as it now appears on the
r
aforesaid attached plats, is with the free consent and in
accordance with the desires of the undersigned DECLARANT and
Vendor Lienholder 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 Section V, The
Village at Lakeside, and Section VI, The Village at Lakeside,
lying and being situate in Shawnee Magisterial District,
Frederick County, Virginia, and being more particularly
described by the aforesaid plats of P. Duane Brown, C.L.S.,
dated February 27, 1987, attached hereto and made a part
hereof and by this reference incorporated herein as if set out
in full, and which plats are 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 and Vendor's Lien dated May 8, 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 plats 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).
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
3
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 initial
Board of Directors shall be appointed by the Association and
serve until the first annual meeting following conveyance 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
.19
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, established,
and collected from time to time as hereinafter provided. 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
5
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 pur-
pose of defraying, in whole or in part, the cost of any con-
struction or reconstruction, unexpected repair or replacement
of a described capital improvement upon the Open Space(s),
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
0
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 subsequent meeting
shall be one-half (1/2) of the required quorum at the preced-
ing 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.
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
7
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 assess-
ment. 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 properties
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
USE, RESTRICTIONS AND COVENANTS
This Subdivision shall be subject to the following
restrictions which are constituted covenants real to run with
the land:
1. No building shall be located nearer
than 35 feet to the front property
line nor nearer than 10 feet to the
side property lines of any Lot, unless
a different distance is shown on the
said plat, in which event the building
line shown thereon shall govern.
2. Nothing but a single private dwelling
or residence designed for the occupancy
of one family shall be erected on any
Lot in this Subdivision. The Lots shall
be used for residential purposes only,
except that this restriction shall not
prohibit professional offices.
3. No dwelling may be erected or maintained
on any of said Lots to have a ground
floor space for ranch -type or single -
story homes of less than 1,050 square
feet; two story homes or modifications
of two story homes, multilevel homes, or
split -foyer homes, shall not have less
than 700 square feet on main living area
of first floor; cape cod homes and
homes with one and one-half stories shall
not have less than 720 square feet on main
living area of first floor, exclusive of
any portion thereof used for garage or for
an outside porch.
4. No outside privy or toilet may be con-
structed or maintained on any of said
Lots.
5. No trailers or temporary buildings shall
be erected or maintained on any Lot in
this Subdivision.
6. No horse, cow, hog, goat, fowl or live-
stock shall be kept or maintained on any
of the Lots in this Subdivision.
7. No trucks or tractor -trailers may be
parked on any Lot or street in this Sub-
division.
8. No unlicensed, uninspected or inoperative
motor vehicles shall be parked, kept or
maintained upon any Lot or street in this
Subdivision.
9. No fence erected on any of said Lots shall
be greater than 4 feet in height, except for
swimming pool enclosures, or as dictated by
safety requirements.
10. DECLARANT shall reserve the right to waive
any or all of the covenants and restrictions
w
contained herein except restriction No. 2
as pertains to land use, and restriction
No. 3 as pertains to total finished space of
dwellings. This right of waiver shall not
affect the binding effect of the covenants
and conditions upon any Lot.
11. DECLARANT further reserves the right alone
to impose additional restrictive covenants
and restrictions as to the sale and trans-
fer of any Lot or Lots owned by it and such
imposition shall not affect the binding
effect of these provisions upon any other
Lot. Invalidation of any one of the cove-
nants 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
to enforce any covenant or restriction shall
not be deemed to be a waiver of the right
to do so thereafter as to a default occur-
ring prior or subsequent thereto.
A R T I C L E V I I
EASEMENTS
Section 1. Sewer and Water Easements:
The property
dedicated hereby is subject to those certain easements or
rights of way designated Sanitary Sewer Easement/Utility Ease-
ment on the aforesaid attached plats. The DECLARANT does
hereby grant and convey unto the Frederick County Sanitation
Authority a perpetual right of way or easement over the afore-
said 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 plats, 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 plats.
Said surface water drainage easements may not be altered or
modified 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
10
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 a 10 ft.
strip centered on the side line of each adjoining Lot, and a
10 ft. strip along the boundary of all non -adjoining Lots and
over the Open Space(s), as needed, provided that such easement
shall not interfere with the use and enjoyment of the Open
Space(s).
Section 4. Reservation of Easement and Open
Space(s): DECLARANT reserves unto itself, its successors or
assigns, an easement 20 ft. in width, over and under the Open
Space(s) herein conveyed, for the purposes of installation,
maintenance and reconstruction of utilities and/or drainage
easements in the Open Space(s), provided that such easements
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
11
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 (750) of the
Lot Owners. Any amendment must be properly recorded.
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 plats is with the free consent and in accor-
dance with the desire of the undersigned DECLARANT and Vendor's
Lienholder 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:
12
SHIHO, INC., t/a LAKESIDE
DEVELOPMENT
By -(SEAL)
DAVID LLIDAY, PRESIDENT
COUNTY OF FREDERICK, VIRGINIA
B SEAL)
LAKESIDE DEVELOPMENT COMPANY
By (SEAL)
EUGENE F. GROVE, PRESIDENT
STATE OF VIRGINcI.�A,
OF ``'I�fCK.� TO -WIT:
I, e , 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 June 1 , 1987, has personally appeared
before me and acknowledged the same in my State and jurisdic-
tion aforesaid.
Given under my hand this. day of June , 1987.
My Commission expires _�ffi ✓g,3t 1 LD f
NOTIARY PUBLIC
STATE OF VIRGINIA, 6
OF .L , TO -WIT:
I. i dtfi, a Notary Public in and
for the State and jurisdiction aforesaid',/ado hereby certify
that tc1 q yy who is A
of FREdRICK COUN4, VIRGINIA, whose name is igned to the
foregoing Deed of Dedication, dated
June 1
, 1987, has per-
sonally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this Ja -day of
13
June , 1987.
My Commission expires &A 1�d , 9(
NOTARY PUBLIC
STATE OF VIRGINIA,
OF , TO -WIT:
I, , a Notary Public in and
for the State and jurisdiction aforesaid, do hereby certify
that EUGENE F. GROVE, President of LAKESIDE DEVELOPMENT
COMPANY, whose name is signed to the foregoing Deed of Dedica-
tion, dated June 1 , 1987, has personally appeared before me
and acknowledged the same in my State and jurisdiction afore-
said.
Given under my hand this
My Commission expires
day of June , 1987,
NOTARY PUBLIC
14
a CON op -the pions 4r
Vi I I. Clt l.aJlo•si�z 52+c�io»s
5 Co is Ic�o�tecl
1Ui(1. aL 14keside -cje ion
5. ;i le.
LAKESIDE --VILLAGE AT LAKESIDE Y
SECTION 6