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HomeMy WebLinkAboutLakeside-Lakewood Manor, Sect 5 - BackfileSUBDIVISION Lakewood Manor, Section 5 Zoned RP (Residential Performance) 7.1213 acres 16 Single-family lots LOCATION: Lakeside Subdivision MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Residential land use and zoning PROPOSED USE AND IMPROVEMENTS: Single-family traditional lots with public roads and utilities and open spaces. REVIEW EVALUATIONS: VA Dept. of Transportation - See attached letter. Sanitation Authority - No comment. Stephens City Fire Company - No objection. Shall comply with Chapter 10 of the Frederick County Code as a minimum. Planning and Zoning - No objection. The plat is drawn in conformance with the approved Master Development Plan. VDOT comments will be forwarded to the developer for field construction plans and work, as noted. STAFF RECOMMENDATIONS: Approval. 0, l\ /' r t COMMONWEALTH ®f VIRG DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703 ) 984-4133 August 13, 1987 Mr. Charles E. Maddox, Jr., P.E. Gilbert W. Clifford & Assoc., Inc, 20 South Cameron Street Winchester, Virginia 22601 Dear Chuck: V. H. BUSHMAN RESIDENT ENGINEER Lakewood Manor - Section V Frederick County As requested a review of the above referenced subdivision has been made. Our comments are as follows: 1. The shoulders on the three (3) stubstreets should be 5' cuts and 6' fills. 2. The stubstreets (Fair Lawn Court, Jasmine Court & Moss Court) cannot be taken into the System until they provide public service which is considered three (3) or more occupied units plus a turnaround or cui-de-sac mu:.t. be provided at that time. 3. Soil Stabilization Mat Standard EC-3 is to be provided at locations noted on the plans. 4. A standard UD-1 is to be installed at Bell Haven Road and Lakewood Drive. All drainage is to be carried within, the right-of-way in ditch lines along the streets to a pipe or a drainage easement.. Please be sure the developer understands the minimum requirements for private entrances. In the past we have had problems with the developer constructing private entrances according to the minimum requirements. Any proposed mail boxes should be placed behind the proposed ditch line. Attached is a copy of the minimtun requirements for subdivision streets prior to acceptance into the State's Secondary System. This is the responsibility of the developer. Should additional information be need, please do not hesitate to contact me. Sincerely, K. D. Walker Hwy. Contract. Admin. "A" KDW/rh Attach. cc: Mr. R. I. Moore Mr. C. E. Mattox Mr. Rohert Watkins For: W. H. Bushman Resident. Engineer TRANSPORTATION FOR THE 21 ST CENTURY COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 April 22, 1988 Mr. Dave Holliday P.O. Box 2715 Winchester, Virginia 22601 RE: Final Subdivision Plat of Lakewood Manor, Section 5 Dear Dave: While reviewing our files, we realized that we had not sent you a letter of confirmation on the approval of the final subdivision plat for Lakewood Manor, Section 5. This letter will confirm that on September 16, 1987, the Frederick County Planning Commission approved the final subdivision plat of Lakewood Manor, Section 5, for 16 single family traditional lots in the Lakeside Subdivision on Route 642, Shawnee Magisterial District. If you have any questions regarding this matter, please feel free to call me. Sincerely, Step e M Gyurisin Dep Director SMG/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 �� COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION (703) 984-4133 Sentamber 15, 1987 Mr. (2harles E. Maridox, Jr. CIO Gilbert W. Clifford & Associates P. 0. Box 2104 Winchester, Virginia 22601 Dear Chuck: Ref: Lakawo(--)cl !(nor Subdivision Section 5, Frederiek Cowity This is to acknowledge receipt of the r(-,vise-d plans for the e,bove- referenced sula- ciivision. They apim-4ar to 11'iave- oeen satisfactorily revised per our request. Should you have any questions, please do not hesitate to cont-act ime. Sincerely, K. D. Ula-1ker nW,. Contract AO.min. A For: W. H. Bushmen Resident Engineer KUK/ks .C. Mr. J. C. Heatwole Mr. Robprt W. Wattklnsv� Gilbert W. Clifford & Associates, Inc. 20 South Cameron Street P.O. Box 2104 Winchester, Virginia 22601 703-667-2139 July 22,1987 Mr. Wendy Jones,P.E. Frederick County Sanitation Authority 9 Court Square Winchester, Virginia 22601 RE: Lakeside Estates - Lakewood Section V Dear Wendy, Please find attached two sets of plans for your use in reviewing County Ordinances and Regulations. Should you have any questions or comments in your review, please do not hesitate to call. Sincerely Yours, Charles E. Maddox, Jr., P. t/ Vice President Enclosure CEM,Jr/psp oc/ Mr. Steve Gyurisin - Frederick County Planning Commission Mr. Dave Holliday Jill ' 2 ;38j 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, Styurisin Deputy Director SMG/rsa cc: John R. Riley, Jr., Frederick County Administrator 9 Court Souare - P.O. Box 601 - Winchester, Virginia - 22601 N 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 d Seet .5 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 5, 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 10.8088 acres into 27 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, f Robert W. Watkins Planning Director RWW/dkg cc: David Holliday 9 C-nurt Sauare - P.O. Box 601 - Winchester, Virginia - 22601 M E M O R A N D U M TO: is of P*ning Building A1jG 19�ir /665-5650 yx VA. Dept. of Transportation , ATTN: Mr. William H m V Sanitation Authority , ATTN: Mr. Wellington H. Jones Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin , ATTN: FROM: Robert W. Watkins, Director DATE: July 27, 1987 SUBJECT: Review Comments On: X Subdivision Conditional Use Permit Master Development Plan Site Plan Rezoning We are reviewing the enclosed request by Lakewood Manor, Section 5 , 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: Shall comply with Chanter 10 of the Frederick County Code as a minimum. Signature / Date 9 Court Souare - P.O. Box 601 - Winchester, Virginia - 22601 M E M O R A N D U M TO: COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin , ATTN: FROM: Robert W. Watkins, Director DATE: July 27, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Lakewood Manor, Section 5 , 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: Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 3� 'Rc 4&Bl GRANUM TO: VA. Dept. of Transportation COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 Sanitation Authority , ATTN: a. Wellingt,ofi,ft. nes Stephens City Fire Company , ATTN: Mr nk W. , Jr. i Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: July 27, 1987 SUBJECT: Review Comments On: Conditional Use Permit X Subdivision Master Development Plan Site Plan Rezoning We are reviewing the enclosed request by Lakewood Manor, Section 5 , 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: The subdivision plans have been forwarded to our District Office for their review. Upon receipt of their comments, we will pass along to you. Signature ` �. ir/, Date gZ3 f B? 9 Court Sauare - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin , ATTN: FROM: Robert W. Watkins, Director DATE: July 27, 1987 SUBJECT: Review Comments On: X Subdivision Conditional Use Permit Master Development Plan Site Plan Rezoning We are reviewing the enclosed request by Lakewood Manor, Section 5 , 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: Is ----------------------------- • uIs/a P7 70 Se.,O Ft3 t- tl I T`4 . ® E: c� E*v t� 904-S / 'Cr I Y AI 4J A- � l�Vi'1 l 49 Signature �—' Date 9 Court Sauare - P.O. Box 601 Winchester, Virginia - 22601 0 COUNTY of FREDERICK IDepartments of Planning and Building 703/665-5650 M E M O R A N D U M TO: VA. Dept._of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: +FROM '_Robert' W. Watkins, Director DATE: July 27, 1987 11, ,!_ SUBJECT,: Comments On: Conditional Use Permit Site Plan _,.___.__. —:Review X Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Lakewood Manor, Section 5 , 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: No comment. Signature Date dp 2 - 8 0 ('nnrt Qn11arP P.n. Rox 601 - Winchester, Virginia - 22601 i FINAL PLAT LAKEWOOD MANOR ^' SEC. V SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA '•-s � 0-' I _ � r y f '•--,.,Ty t VICINITY MAP .� :• • ;; •°• �„� '�� SCALE:1'-2000' APPROVED BY FRED. CO. SANITATION AUTH. DATE PLANNING COMMISSION pig&_ DATE SUBDIVISION ADMINISTRATOR_ AA DATE VA. DEPT. OF HIGHWAYS_I AdA DATE a&oFA2 OWNER'S CERTIFICATE The above and foregoing subdivision of the land of SHIHO, Inc., T/A Lakeside Development, as appears in the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, an stees, if any. r All streets as shown herein are hereby dedicated to the public use. All property owners in LAKEWOOD MANOR are required to belong to the Lakeside Home Owners Association. The Association is the owner of all areas shown as open space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and all other rules of the Association are set forth in the Restrictions and Covenants attached hereto. A copy of the Final Master Development Plan for Lakeside Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to SHIHO, Inc., T/A Lakeside Development, by deed dated , 19 , said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book at page P. Duane Brown, C.L.S. DUANE cr DATE: JULY 21, 1987 COVER SHEET N w;gel ._ N0. 1285 w" SHEET'O� .29 ; �! VUbort W.el ri4maociaxaa, inc. 1 CF �-` ENOINEE IURYEYOCt1{LANNER{ 7 SAND v 20 WuM C.m.ro� SLIM 1E0 C OkN On»nwk� oAr. A.dV.R0- 41 ni.2]4OL T!a e!l-2115 WMOM.Nr, VI Itdt E4W1 70a te7-Zta! CURVE TABLE NO. A RADIUS ARC TAN CHORD CHORD BEARING 1 20013'28" 245.00' 86.48' 43.69' 86.03' N10049'37"W 2 05009'28" 220.00' 19.80' 9.91, 19.80' S01 051'51 "W 3 18028'05" 220.00' 70.91' 35.77' 70.61' S13040'38"W 4 55024' 1 6" 220.00' 212.74' 1 15.51' 204.55' S50036'49"W 5 02043'46" 1000.00, 47.64' 23.82' 47.63' S79040'50"W 6 08014'54" 1000.00, 143.96' 72.11' 143.84' S85010'10"W 7 05029'20" 975.00' 93.40' 46.74' 93.37' S86032'57"W 8 05029'20" 975.00' 93.40' 46.74' 93.37' S81 °03'37"W 9 36056'l1" 195.00' 125.71' 65.13' 123.54' S59050'52"W 10 36056' 1 1 " 195.00' 125.71' 65.13' 123.54' S22054'41 "W 1 1 05009'28" 195.00' 17.55' 8.78' 17.55' S01 051'51 "W 12 05031'08" 1025.00' 98.73' 49.40' 98.69' N86032'03"E 13 87016'14" 25.00' 38.08' 23.84' 34.50' S52035'24"E 14 87016'14" 25.00' 38.08' 23.84' 34.50' N34°40'50"E 15 14038'45" 245.00' 62.63' 31.48' 62.46' N70059'34"E 16 16035'09* 245.00' 70.92' 35.71' 70.67' N55022'37"E 17 1 3030'03' 245.00' 57.73' 29.00' 57,60' N40020'01 "E 18 7901 9'41 " 25.00' 34.61' 20.73' 31.91' N73014'50"E 19 79019'41' 25.00' 34.61' 20.73' 31.91' N27025'29"W 20 07047'46" 245.00' 33.34'. 16.69' 33.31' N08020'29"E 21 90000,00" 25.00' 39.27' 25.00' 35.36' N49026'36"E 22 90000,00" 25.00' 39.27' 25.00' 35.36' N40°33'24"W 23 11 005'43" 245.00' 47.44' 23.80' 47.37' NO 006'16"W 24 1401 7' 1 3" 245.00' 61.09' 30.71' 60.93' N 13047'44"W AREA SUMMARY AREA IN LOTS 4.1487 ACRES AREA IN RIGHT-OF-WAY 1.2562 ACRES AREA IN OPEN SPACE 2.3164 ACRES TOTAL AREA SUBDIVIDED 7.7213 ACRES NO. OF LOTS 16 AVERAGE LOT SIZE 11,295 Sq. Ft. o���ALTN q Il' P. DUANI BROWN NO.1286 'A- FO 1ANQ 450 LAKEWOOD MANOR -- SEC. V DATE: JULY 21, 1987 1 CURVE TABLE � Gilberw t cliff icSHEET mixes, inc. 2 ENGINEERS - LANNDIItPLANNERS DAw 30 South D.Wn.ron St!" 1 22401 (703) Kh411S wM dw*W, VlrElnl. 22001 (M) 097-2139 / (SEE SHEET 4 OF 7) I , \ 91 DaA1NAGE ESM� ley `•%1 g 5 26CJ ' (SEE SHEET 4 OF 7) 80 i '5 I LOT 921 a1 o U � � _ , •� r 10570 SI. G� 5 11.4i'03�'E�_ Oi E L jm t 14 �.��, - 1c �Ir I LOT 79 !►v MOSS t COURT 2r� Q . TM i °° 11134. Sq. Ft. J --- _ ._. _ _ SO$L57'1Z,"F O � I � � U � 119.90 t nJ� c _ J � i (50' R/W LO ltf i`-- - s D6 _' • U r . --e- _ IN -�.,- 1 i 43 �� 128 e;tlb- 1 13 67'. -- �v Z r j •r EU °1° > r r _ �.... S z� LOT 78 _; _ j • `` I. 11126 Sq. Ft. 7 7 (DI' LOT 93 ) r 12 2247 Sq. Ft. I cri �C322 ' 2 ¢! - I o?. g5� 27 48 k SEC. III EX. LAKEWOOD MANOR - SEC. _! • 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' (unless otherwise specified) Min. Rear Setback - 25' Min. Side Setback = 10' P. DUANE BROWN NO. 1285 LAND SJ All Lots are Single Family Detached - Traditional. All Lots are subject to a,10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. LAKEWOOD MANOR -- SEC. V DATE: JULY 21, 1987 1 SCALE: 1 "=50' *A�M SHM Gilbert w clifWoo, inc. 3 CF ENOINEE SURVEVOR� 'A MERB 7 (SEE SHEET 5 OF 7) 1 82 �• a w pr i �.' % , 3 �- I (SEE SHEET 5 OF 7) 0 SAN. SEWER ESM'T - .7 ' ' LOT 81 I : • . i ) JASMINE COURT w �>� - / I RT .Ye �b ryry� / 11080 Sq. Ft. 1I ;: �--._ _ 5 fi1�75_ . 9 ` YA! , b 3s U �4`rE �l r • 18 81. 90, `dt Ccn 4 M CO LOT 80 / / _ ? \y. 11080 Sq. Ft. t\ r\ SAN. SEWE ESMT'ff i� / j C'Q LOT 90 in; Rr \S �,�•' lv� - ' 11738 Sq. Ft. I �°} co 79 ro\\ fi r FSNFFT3 16 OFF 10' DRAINAGE ESM'T r r LOT 91 ` < 12190 Sq. Ft. f Nkm 92 OQ (SEE SHEET 3 OF 7) 11 2k4 • DENOTES IRON ROD `TO BE SET ON LOT LINES @ THE BUILDIA10 SETBACK LINE.O.e. 35' from road Right-of-way ) Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' a P. DUANE NO. 1285. LAND S� All Lots are Single Family Detached - Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. LAKEWOOD MANOR -- SEC. V DATE: JULY 21, 1987 1 SCALE: 1 "=50' SHEET Gilbert w cliff is Mi"e., inc. 4 ENGINEERS — IANPLANNERS SURVEYORS 7 Mvs 20 South Cwwron StrsN 22401 (70) 999-2115 WIncbsstsr, VI Ms 22601 703N7-2129 EX. LAKEWOOD MA14OR - SEC. iv jb (SEE SHEET 6 OF 7) (SEE SHEET 6 OF 7) ;11) Q 84 FAIR LAWN COURT /3, 1 - I I57.22r' "- �c►��b i50' R/W �: �� (oh CV co 601 I j 21 102. Do'— ODr N1° I LOT 83 r � _ ,M ____I11250 -Sq. Ft. I o , -W.I j jin^� w r- a� U LU r ► CO LOT 87 try •1 m ( _ U m ZO ( I- 10386 Sq. Ft. �`►� -• _5 8525 a ' EUi _ - LU •ry,n 0: (�= ___._ _S•3_3'2_6" r all { Q Qr 75 o f LOT 82 J j Io ti o w r LOT 88 �. r I 11250 Sq. Ft. o f m m 11029 Sq. Ft. r LSAN. SEWER ESM'f I 0p ^25"E 81 (SEE SHEET 4 OF 7) 1 LOOT 89 \ f�y 00 Sq. Ft. / ��40 ry sS�� • 4/7, 1 �: srr F �O ,.s • o 'ad • DENOTES IRON ROD TO BE SET (SEE SHEET 4 OF 7) ON LOT LINES @ THE BUILDING SETBACK LINE.O.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. rs ATH 01 r P. DUANE BROWN e,.a,,,r, s N0. 1285, /. LAND S� LAKEWOOD MANOR � SEC. V DATE: JULY 21, 1987 1 1 SCALE: 1 R=50' Gilbert w. cltates, :ne. SH= ENGINEERS — LAND PLANNERS SURVEYORS 20 7 22401 (709) 890-2115 Winchester, VIrorgee 22W1 (7003) S�"p 21M N/F \ W. F. ARTRIP, JR. 64 _N t�► r \ N 69� AO • I 01, LOT 85 ~iui 12872 Sq. Ft. I O 1. i Z 8a 20 u0 65 ' �► O�-' j a ,m ' Aid ° _ ` LOT 86 I o �+. N " 84' 17 ` G+7"£ 174 2 . t_ �, ` 23 r - 124.72 1 25. 2 25: oo ` L11832 Sq. Ft. o° o 74 -1 — — ., Lu 05' r _d ` 22 ia,� LOT. 84 I ; U10 _ 1 i , 1. W1 z _ 2.44 _ �1m 10935 Sq. Ft. I Ui U N;� FAIR LAWN COUR 7_ ~ � of � T , rr ! r`1 W oi--- _ _ _ 5_85•S3'�b"E 401N zttr r > Z 187.22' _._. _ _. _ ._ _� co �l ias:oos`'- _.. __...1 = '� CC (50 R/W) 0 I I N lt) / 83 I ' Lu in I (SEE SHEET 5 OF 7) I(SEE SHEET 5 OF 7) DENOTES IRON ROD TO BE SET ON LOT LINES @ THE BUILDING SETBACK LINE.0.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. Ml .100T8oA. LAKEWOOD MANOR SEC. V P. DUANE BROWN NO. 1285 Q LAND DATA:' JULY 21,1 1987 SCALE: 1 "=50' sUbert w ociMoo, ine. SHEET amomuesuily vi� LAWA"e �py� CM) ow 7 N/F M. L. DAILEY -� N81°2q:4q� g-154_27� �/S44°21'18"E-70.24' 1 OPEN SPACE "U" o',1 2.3164 ACRES, tl I P. OPEN SPACE "T" I Irii LAKEMONT VILLAGE ' o IN � Nss 8r s9, `� FUTURE DEVELOPMENT 064 I i LIFT STATION SITE ZN662 os, S23053'1 1 "W-40.00' ��1`rF'ALT� �;p t P, DUANE �c N0.1285 J LAND 5J� LAKEWOOD MANOR ov SEC. V DATE: JULY 21, 1987 . SCALE: 1 "-100' Wilbort w el latoo, iaa SHEEP CF aNO1NalIIa LAND KANNa�a -- - -- - -- - CD f < � i-__/W FINAL PLAT LAKEWOOD MANOR -- SEC. V . SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA / `' G .fit ri}9 ( �)., \ 1�, ...C_,t� :• L/76 ,a • •, ` �I e '� �'i •� Q�.)O. t �,�r � .ice ..f`+ i �1� ll ��:: � �. • • ' VICINITY MAP '"/ SCALEA".2000' APPROVED BY FRED. CO. SANITATION AUTH. DATE PLANNING COMMISSION DATE / SUBDIVISION ADMINISTRATOR_ DATE I0 Zi 7 VA. DEPT. OF HIGHWAYS_ DATE OWNER'S CERTIFICATE The above and foregoing subdivision of the land of SHIHO, Inc., T/A Lakeside Development, as appears in the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, a ustees, if any. °7 All streets as shown herein are hereby dedicated to the public use. All property owners in LAKEWOOD MANOR are required to belong to the Lakeside Home Owners Association. The Association is the owner of all areas shown as open space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and all other rules of the Association are set forth in the Restrictions and Covenants attached hereto. A copy of the Final Master Development Plan for Lakeside Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE hereby certify that the land contained in this subdivision is a portion of the land conveyed to SHIHO, Inc., T/A Lakeside Development, by deed dated , 19 , said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book at page / j►LT� D��f P. Duane Brown, C.L.S. o� DUANE� DATE: JULY 21, 1987 COVER SHEET BROWN NO. 1285 ' ` SHEET Wilbert W. cliff inc. 1 CF S ENOIN!! A {LANNIA9ll1V N7 c O;, bENO ,ac oa. on°iw /n omeksbu."ni ziai , Cl1RVE TAR[ F NO. a RADIUS ARC TAN CHORD CHORD BEARING 1 20013'28" 245.00' 86.48' 43.69' 86.03' N10049'37"W 2 05009'28" 220.00' 19.80, 9.91, 19.80, S01 051'51 "W 3 18028'05" 220.00' 70.91' 35.77' 70.61' S13040'38"W 4 55024' 1 6" 220.00' 212.74' 1 15.51' 204.55' S50036'49"W 5 02043'46" 1000.00, 47.64' 23.82' 47.63' S79°40'50"W 6 08014'54* 1000.00, 143.96' 72.11' 143.84' S8501010"W 7 05029'20" 975.00' 93.40' 46.74' 93.37' S86032'57"W 8 05029'20" 975.00' 93.40' 46.74' 93.37' S81003'37"W 9 36056'11" 195.00' 125.71' 65.13' 123.54' S59050'52"W 10 36056' 1 1 " 195.00' 125.71' 65.13' 123.54' S22054'41 "W 1 1 05009'28" 195.00' 17.55' 8.78' 17.55' S01 051'51 "W 12 05031'08" 1025.00' 98.73' 49.40' 98.69' N86032'03"E 13 87016'14" 25.00' 38.08' 23.84' 34.50' S52035'24"E 14 8701 6' 1 4" 25.00' 38.08' 23.84' 34.50' N34040'50"E 15 14038'45" 245.00' 62.63' 31.48' 62.46' N70059'34"E 16 16035'09" 245.00' 70.92' 35.71' 70.67' N55022'37"E 17 1 3030'03" 245.00' 57.73' 29.00, 57.60' N40020'01 "E 18 7901 9'41 " 25.00' 34.61' 20.73' 31.91' N73014'50"E 19 79019'41' 25.00' 34.61' 20.73' 31401, N27025'29"W 20 07047'46" 245.00' 33.34' 16.69' 33.31' N08020'29"E 21 90000,00" 25.00' 39.27' 25.00' 35.36' N49026'36"E 22 90000,00" 25.00' 39.27' 25.00' 35.36' N40033'24"W 23 11 005'43" 245.00' 47.44' 23.80' 1 47.37' NO 006'16"W 24 1401 7' 13" 245.00' 61.09' 30.71' 1 60.93' N 13°47'44"W AREA SUMMARY AREA IN LOTS 4.1487 ACRES AREA IN RIGHT-OF-WAY 1.2562 ACRES AREA IN OPEN SPACE 2.3164 ACRES TOTAL AREA SUBDIVIDED' 7.7213 ACRES NO. OF LOTS 16 AVERAGE LOT SIZE 11,295 Sq. Ft. o���►LTti Dllb P. DUANE BROWN low NO. 1285 �\�40 EANQ oill*) LAKEWOOD MANOR -- SEC. V DATE: JULY 21, 1987 1 CURVE TABLE filbert W.cliti r� aeociates, inc. SH2 Er CF ENGINEERS - LAND PLANNERS SURVEYORS 7 Drive 20 Soulh Camron SIr" 122401 (703) SSl-2115 WImM , Vlrgi A,, =1 (703) S117-2139 / (SEE SHEET 4 OF 7) I 2 91 GEESM�' liv \ t)RAA"A 26' I9� (SEE SHEET 4 OF 7) I 80 i I LOT 921CS o1 o LU r � .4 I 110570 Sq�t. N7 5 • 9 v� il•43'03" t . , _ ..._. (n O J ► \14 31 � � r� � 1�=� 'tee--_._?5•,Opa �. i Ir- 76 N 1� I LOT 79 I , MOSS ,COURT p i 11134 Sq. Ft. _ O r Z I 19.90' gscv coo rLr I J0 14 _':,J Z r w Lu LU LOT 78 ! _ )�6) jLE 11126 Sq. Ft. r 77 OJ J J C'� '12 / LOT 93 2247 Sq. Ft. 1 i o CO J J, J I .»i w r Coll �l 22 / 4 441 27 m v 48 Ile 41 SEC. 1H EX. LAKEWOOD MANOR - SEC. 19 • DENOTES IRON ROD TO BE SET ON- LOT LINES @ THE BUILDING SETBACK LINE. (Le. 35' from road Right-of-way-) Min. Front Setback - 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' r P, DUANE I BROWN NO. 1285 9 LAND 9 All Lots are Single Family Detached - Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. LAKEWOOD MANOR -- SEC. V DATE: JULY 21, 1987 SCALE: 1 "-50' SHEET �ilt�.rt w cliff iaw., lac. 3 CF ENGINEER{ 7 QC OM Gn.nwklDA.H RVAOR{ ...__. 20 {quM CMI»fOfl EtnM � 1 .(SEE SHEET 5 OF 7) t\ �J 1 t 82 75 `` 5 12y. (SEE SHEET 5 OF 7) SAN. SEWE SMT-y°: �. n , t • t r ' .,w70r4 LOT 81 JASMINE COURT w I J� x ��`�rrv,L. / 11080 Sq. Ft. 10 t i _--_ s sl-os_.9'�� n e--�......... �} ts( rb \1\oS`4`'�� rr- l`. ,1s -.__._.t1►ezo r MM LOT 80 v 11080 Sq. FYEESMT---.4,- , �� f t\ �� SAN. SEY 44V r `t s LOT 90 m' N r\\�\ / :�• J,lv� j 11788 Sq. Ft. I 0 179 cn 16OP � 1ti i 10' DRAI➢QAGE ESMT \ ;i� LOT 91 ^; C 12190 Sq. Ft. f •1 • DENOTES IRON ROD 'TO BE SET ON LOT LINES @ THE BUILDING SETBACK LINE.O.e. 35' from road Right-of-way ) Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' 92 206 �O (SEE SHEET 3 OF 7) N� i' Sa1°�2 F All Lots are Single Family Detached - Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. o,s0►LTH d. LAKEWOOD MANOR SEC. V r P. DUANE DATE: JULY 21, 1987 SCALE: 1 "=50' BROWN NO. 1285. SHEET' gilbort w C14ilmociates, ino. 4 CFO LAND�v �.e a eu. n......�.. . ew[NOMIRRW�VtYOII� fd,x. c......o.. aw.� 7 EX. LAKEWOOD MA14OR — S C C. W b (SEE SHEET 6 OF 7) (SEE SHEET 6 OF 7) ) Q 84 1 to FAIR LAWN COURT 157.22r' r�C 25"E r �50, R/V1/ `,a o i 128. OA' -^� - _ _ .� �-- _ ) :74 cot �ji coo b CV co Cot r LO iQ T 83 o LU 11250 -Sq. Ft. I ci J I I ro Nm sslr o, V wr (M LOT 87 ro ( U Milo . I- 10386 Sq. Ft. m: W. ry w 1-- - 8 5. 33 5 r to 127.00, oil �o z Cli !z .` I, I 7J 5 - I LOT 82 I. � LU ;r 1 LOT 88 S 11250 � r I J a t.� 01 q• Ft. am ! ! 11029 Sq. F� I �CD iry LSAN. SEWER ESMT J 5 3 r __ 59 6533'2_S"E 1 'w 3125p5—''i-.a._l r r� _ 127.00181 '___ 20 (SEE SHEET 4 OF 7) / r� LOT 9 t. � y,�ryry / m e 19 v O/ to G' Tom~ OVR RN • DENOTES IRON ROD TO BE SET (SEE SHEET 4 OF 7) ON LOT LINES @ THE BUILDING SETBACK LINE.0.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. r ATx 00 LAKEWOOD MANOR SEC. V r F. DUANE DATE: JULY 21, 1987 SCALE: 1 "=50' r IBROWN W.1285 '� '`" S-IEET gilbert w. cliff pekamiates, .nc. 5 ENGINEERS — LAND PLi NNeRS (qNp 5J SURVEYORS 7 ISO-C Olde GreenwleA Drive 20 South Cameron Street FredeAebttur , Vlr Inca 22401 q03) 099-2115 Winchester, Virginia 22601 (703) U7-2139 N/F \ W. F.'ARTRIP, JR. EA ; ► \� N ont• �' Ink ,vOtto LOT 85 ~, d do R► 12872 Sq. Ft. I o J. Ito 65 —III , ry 1 C'> ! I t' a. �. r , m � - I Aj4 N " 89` 17 .` t37" 174 • 2 . �_ _, . 23 7$ `t LOT 86 0; to 25:00 11832 Sq. Ft. �� 11. 2 t t _ o w J tejw U ; who rajm I LOT.84 ioj 112.44e ' � 10935 Sq. Ft. I o, V z 1.9 FAIR oftco I , ; LAWN COURT �,3 _ w of---_.. _ _- s es�aat�"� tt348_ t II ..._...j co (50' NW) cot 125. t]O' 6 /y co ' IN Lr) 83 I m I `� (SEE SHEET 5 OF 7) (SEE SHEET 5 OF 7) I • DENOTES IRON ROD TO BE SET ON LOT LINES @ THE BUILDING SETBACK LINE.0.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. LAKEWOOD MANOR ow SEC. V P. DUANE � DATiY JULY 21., 1987 _. SCALE: ! "=50' NO.1295 w iaa. SHCF6 '6 54 7 LAN° o " n , CM, N2 �fi3 : �9hc .SEP 2 9 1987 THIS DEED OF DEDICATION, made and dated this 29th day of September, 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 July 21, 1987, known as Lakewood Manor, nd is a part of the development known as Lakeside Estates, described on the final master development plan of Lakeside Estates, as filed in the Office of the Frederick County Department of Planning and Development. This is a portion of the real estate conveyed to the DECLARANT by Deed dated September 20, 1987, from Lakeside Development Company, a Virginia Corporation, said deed being 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 certain public streets designated Moss Court, Bell Haven Circle, Jasmine Court, and Fair Lawn 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, the DECLARANT now desires to subdivide the same into lots to be known as Lakewood Manor, Sec. V. The subdivision of said real estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT and the parties hereto further desire to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated Lakewood Manor, Sec. V,_lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and being more particu- larly described by the aforesaid plat of P. Duane Brown, C.L.S., dated July 21, 1987, attached hereto and made a part hereof and by this reference incorporated herein as if settout in full, and which plat is drawn in conformity with the final master development plan for Lakeside Estates on file in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate con- veyed to the DECLARANT by Deed dated September 24, 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 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. 2 Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a party of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obliga- tion. Section 6. "Declarant" shall mean and refer to Shiho, Inc., t/a Lakeside Development, its successors and assigns. A R T I C L E I I MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by cove- nants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Owner- ship of such Lot shall be the sole qualification for member- ship. A R T I C L E I I I VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but no more than nine (9) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Associa- tion and serve until the first annual meeting following 3 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, specifically including but not limited to the rights of ingress and egress across the aforesaid Open Space 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 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 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 to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedi- cation or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may dele- gate, in accordance with the Bylaws, his right of enjoyment to the Open Space to the members of his family, his tenants, or contract purchasers who reside on the property. 4 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 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 welfare of the residents in the Properties and, in particular, for the improvement and maintenance of the Properties, payment of real estate taxes, repairs, snow removal, and service and facilities devoted to this purpose and related to the use of and enjoyment of the Open Space. 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 61 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, 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 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 N. 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. 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 which is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Associa- tion 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 or abandonment of his Lot. 7 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; (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: In the event that the Association, or its successors, shall fail to maintain the Open Space in reasonable order and condition, 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 1,175 square feet; two story homes or modifications of two story homes, or multilevel homes shall not have less than 775 square feet on main living area of first floor; split -foyer homes, cape cod homes and homes with one and one-half stories shall not have less than 775 square feet on main living area of first floor, exclusive of any portion thereof used for garage or for an outside porch; upper level of a split - foyer shall have not less than 920 square feet. 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 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 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 10 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, as needed, provided that such easement shall not interfere with the use and enjoyment of the Open Space. 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 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. 11 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. 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 and'Pro- prietors, 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) PRESIDENT COUNTY OF FREDERICK, VIRGINIA By 12 (SEAL) STATE OF VIRGINIA, OF , TO -WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that , President of LAKESIDE DEVELOP- MENT, whose name is signed to the foregoing Deed of Dedica- tion, dated September 29, 1987, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of , 1987. My Commission expires NOTARY PUBLIC STATE OF VIRGINIA, OF , TO -WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that , who is of FREDERICK COUNTY, VIRGINIA, whose name is signed to the foregoing Deed of Dedication, dated September 29, 1987, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of , 1987. My Commission expires NOTARY PUBLIC 13 FINAL PLAT LAKEWOOD MANOR ^' SEC. V . SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA LAIKENYD vo ..17 ;�. ` ..;� 1 M,l r :,� ,. \ • VICINITY MAP SCALEA"=2000' APPROVED BY FRED. CO. SANITATION AUTH. DATE �S PLANNING COMMISSION _ DATE SUBDIVISION ADMINISTRATCS _ E� _ 1 �� DATE VA. DEPT. OF HIGHWAYS Ad' DATE OWNER'S CERTIFICATE The above and foregoing subdivision of the land of SHIHO, Inc., T/A ' Lakeside Development, as appears in the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, ar trustees, if any. IL.,6114UZ AC4 All streets as shown herein are hereby dedicated to the public use. All property owners in LAKEWOOD MANOR are required to belong to the Lakeside Home Owners Association. The Association is the owner of all areas shown as open space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and all other rules of the Association are set forth in the Restrictions and Covenants attached hereto. A copy of the Final Master Development Plan for Lakeside Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to SHIHO, Inc., T/A Lakeside Development, by deed dated �, 19 ` ' , said deed recorded in the Office of the Clerk of the�ui Court of Frederick County, Virginia in Deed Book L l-,y;1 at page r0.cAr.�.... �TN 0 P. Duane Brown, C.L.S. DUANE G'�,. DATE: JULY 21, 1987 COVER SHEET •o BROWN M NO.-1285 `' �'rr SHEET' C►cA :.: i0 wilbort W.cliff �laLociaA08, Inc. 1 CF �� LNOINLLRL — O MNLIIL 7 W11vLYOR =0 Louth C.m.ron YtrNl 1 AND �+'{ 10-C Olds OnSnwh:� Ddr� Wh/Oh��W. vl Inl.IM, 1W N7-71>N �ndMOMW Ir Inl� I�101 '70� LiL•�tt! !� 6K662i,G335 CURVE TABLE NO. A RADIUS ARC TAN CHORD CHORD BEARING 1 20013'28* 245.00' 86.48' 43.69' 86.03' N10049'37"W 2 05009'28" 220.00' 19.80, 9.91, 19.80, S01 051'51 "W 3 18028'05" 220.00' 70.91' 35.77' 70.61' S13040'38'W 4 55*24'16" 220.00' 212.74' 115.51, 204.55' S50036'49"W 5 02043'46' 1000.00, 47.64' 23.82' 47.63' S79040'50"W 6 08014'54" 1000.00, 143.96' 72.11' 143.84' S85010'10"W 7 05°29'20" 975.00' 93.40' 46.74' 93.37' S86032'57"W 8 05029'20" 975.00' 93.40' 46.74' 93.37' S81 °03'37"W 9 36056'11" 195.00, 125.71' 65.13' 123.54' S59050'52"W 10 36056' 1 1 " 195.00' 125.71' 65.13' 123.54' S22054'41 "W 1 1 05009'28" 195.00' 17.55' 8.78' 17.55' S01 051'51 "W 12 05031'08" 1025.00' 98.73' 49.40' 98.69' N86032'03"E 13 87016'14" 25.00' 38.08' 23.84' 34.50' S52035'24"E 14 8701 6' 1 4" 25.00' 38.08' 23.84' 34.50' N34040'50"E 15 14038'45" 245.00' 62.63' 31.48' 62.46' N70059'34"E 16 16035'09" 245.00' 70.92' 35.71' 70.67' N55022'37"E 17 1 3030'03* 245.00' 57.73' 29.00' 57.60' N40020'01 "E 18 7901 9'41 " 25.00' 34.61' 20.73' 31.91' . N73°14'50"E 19 79019'41 25.00' 34.61' 20.73' 31.91' N27°25'29"W 20 07047'46" 245.00' 33.34' 16.69' 33.3V N08020'29"E 21 90000,00" 25.00' 39.27' 25.00' 35.36' N49026'36"E 22 90000,00" 25.00' 39.27' 25.00' 35.36' N40033'24"W 23 11005'43" 245.00' 47.44' 23.80' 47.37' N01006'16"W 24 14017'13" 245.00' 61.09' 30.71' 60.93' N13047'44"W AREA SUMMARY AREA IN LOTS 4.1487 ACRES AREA IN RIGHT-OF-WAY 1.2562 ACRES AREA IN OPEN SPACE 2.3164 ACRES TOTAL AREA SUBDIVIDED 7.7213 ACRES NO. OF LOTS 16 AVERAGE LOT SIZE 11,295 Sq. Ft. P. DUANE�. BROWN K0, 1285 LANQ Oit0000 LAKEWOOD' MANOR -- SEC. V DATE: JULY 21, 1987 CURVE TABLE Gilbert w. clWes, inc. SHEEN' 2 ENOINEERB - LAN PLANNER CF ISO• ' )104 OINIIWICh OIIN SURVEYORS 20 foulb Comaon ttrNl 7 Fro.. ckab, 1, Vbylnhl 22401 (703) $90.2115 W1nchNlrr, VlrOlnla 22l01 1702) $67.21M / �It662►'G336 (SEE SHEET 4 OF 7) I 91 IN 148 CY (SEE SHEET 4 OF 7) 80 '5 I LOT 921 mac),, �` Oi , 110570 Sq�t. r+l. to � J �� J I J � \14 'J•. �1,: LOT 79 C ' MOSS COURTS ' p r 11134. Sq. Ft. W — 7'—z'.-4 rN 0 ��! I i _J J 119.90' �co coo r q• i �Ji hO O U 1 LU q ��,� s 11_ J J J (moo: R/w) LOMy hi 43' 128. 9 ' • f 1 I � ; I lU J 1 z; LOT 78 _ 6I . 11126 S . Ft . 1 � —. , 'I J + J q I o, 77 ; �l ' LOT 93 J d I f J' 0 1 12 2247 Sq. Ft. _ I o J OC 42 • 22- 27 ~ J / ! 48 / SEC. Ill EX. LAKEWOOD rulANOR N SEC. !l • DENOTES IRON ROD TO BE SET ON - LOT LINES Q 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. loop v�THo�. LAKEWOOD MANOR SEC. V �o� 4f P. DUANE I ��',� DATE: JULY 21, 1987 SCALE: 1 "=50' BROWN 104 ! NO.1285 *f.4 SHEET Wilbert w clifins, inc. 3 Q' CF SAND SJIf �� lNO1N// SU VIVORi .A INSIIS 7 f te.c ew. ewnwleh OA.. - _ --- . 10 South c•m.�gn llnN 1 H662PG337 , 1 11 (SEE SHEET 5 OF 7) t 82 c w 1 � �.-�- �' 1 • �1 25r �.. • 1 i aL 75i1: 3 L� �' O (SEE SHEET 5 OF 7) SAN. SEWER ESM'T—�?'..; i O � o� r ' ' - LOT 81 JASMINE CO w \� . r COURT , Y �a ryry� 11080 Sq. Ft. I 10 s . r 23v - --. 7 7r ti r \ r • 127. "! a/o '-� 48 \ (50' R/W) qr x1 • /Lij 2 rp \ 13� US1 F / { 1 18 •9•-- ..... 1: 90' V ' Q►1 N \\ LOT 80. 2\ 11080 Sq. Ft. 7 t \ r� SAN. SEWE ESM'T / U �� 1 V. rah, �..�/ / LOT 90 ta, N \' 11738 Sq. Ft. I .f co M, 79 r-\o� l ' pW. i 1 r 16 °F? VY DRAIp4AGE ESM'T r i 15 i I\ LOT 91 ^' r 12190 Sq. Ft. J ,r 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' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' P. DUANE BROWN `� Y N0, 1285 k4 9� ��� LAND SO 92 `�l \ � Q (SEE SHEET 3 OF 7) All Lots are Single Family Detached - Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. LAKEWOOD MANOR -- SEC. V DATE: JULY 21, 1987 1 SCALE: 1 -50' `'� • Silbert w. clif �ssocWON, inc. SHE3`1' NNipp CF lNOIN!! $UIIVEVO�NlLINNIA8 _ 7 EX. LA EWOOD FOA14OR - SEC. W (SEE SHEET 6 OF 7) (SEE SHEET 6 OF 7) a , d i� 84 I� FAIR LAWN COURT 1-k- I i Q--• - ._.........._ _ 5; 85' 33 ' 25'' E .Q' `_`y(50 Co R/W) 74 t �s: . N ' h 0c) co 001 oo, I , Nib q LOT 83 I o W 11250 -Sq. Ft. I- �' -- mom w� m°' wI LOT 87 nlry m I U In M I is .�., toI- 10386 Sq. Ft. Nti..._.__S � _ 9S_33' `a I � J y L_-_.... �•I 1-25.OJ'S,j:�lb 127.Op�.. _.<•Oos b; io' ZI I z I 63•�r9,, O IJ t I_ of E ,:! _J O 5 i o LOT 82 I. -at t COI LOT 8$ ;. 1 6 I 11250 Sq. Ft. ' 31 I 11029 Sq. Pt. t LSAN. SEWER ESMT 00r—�- ,P 81 LOT 89 (SEE SHEET 4 OF 7) �O000 Sq. Ft. / �to t Nry 0 y t Q 9oa / OIJ (so"46 Ri?�1`,�,` o • DENOTES IRON ROD TO BE SET (SEE SHEET 4 OF 7) 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 1Or 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'�g 0 LAKEWOOD MANOR SEC. V o� P. DUANE ��� DATE: JULY 21, 1987 SCALE: 1 "=50' BROWN � NO, 1285' ' `�` ''-r SHEET grilbert w cli i Loci"►", inc. 5 CF LAND5v��fv ENGINEER{ — LAND Plr NNdR{ Street 7 SURVEYOR• 1S0-C .h . Greenwich Drive 20 South C.m.ron .2136 ir.MAeY.Mrra. VImInN ]MOl 11001 fl64115 WIneM.Nr. Virginia 14E0/ (703) NI-0q{ _ _ 81(662FG339 WF \ W. F.'ARTAIP, JR. 64 �,• olio LOT 05 7� I "; a 12872 Sq. Ft. 1(I0 11 Z l -jai S 1 n __.._.__N 89'17:-07: i_7a ��'. LOT 86 o�v► 124.72,5125:00' L 11832 Sq. Ft:74`r 11 (2 3 _ 0 FLii --� `22 , , LOT 84 in I `r.>: gin' a �—� - _ i 12 a a' 10935 Sq. Ft. I N U m N ._.. " oI M N1 FAIR LAWN COURT to,3. I ,rat ° Zj '`I W o� z �Zo / col NI to 83 I i LU IN LLO m I `� (SEE SHEET 5OF 7) I(SEE SHEET 5 OF 7) i • DENOTES IRON ROD TO BE SET ON LOT LINES @ THE BUILDING SETBACK LINE, 0.e. 35' from road Right-of-way Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' All Lots are Single Family Detached - Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. o���ALroF�r LAKEWOOD MANOR SEC. V P. DUANE ��' DATE: JULY 21, 1987 SCALE: 1 "=50' NO. 1285 sllberc w C1 if*ff OM a: twc... ine. SHEET INORIGaRl V v o UMMI NG 7 �� LAND bJ� R! k=- 'i. r nio1 poo)1"4116 / wino..•.., vwarw awl ( wi 2131 1111,; 141A IIILULHK;K COUN IV. ".Cf. lh4 1". i n o1 01 w"" 4 w/N paduvr11 ?A low on 11u &i z If of11 -s .nd wtul u1Wk�M of.wHo�1«1an,.H1 gwMo rulswd -- — 10 FICX LAKESIDE--LAKEWOOD MANOR, SECT. 5 f