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HomeMy WebLinkAboutNottoway Section I Opequon District - Backfile (2)0 DOV:,,:. Ar SOCIATESaINC. 3078 Shawnee Drive P.O. Box, 2033 AlorTO 141A V Winchester, VA 22601 0):t-o-eloAt I-f4&L,-rr.,-R1A4 Z>-rrm/c--r (7.03) 667-1103 FkE=rplex C6vNry, VIA-cv"IA .,TIZ r 45, /987 6r4 Is/ON of wAr.-R AND s1w1mRe s--wTe, 2 77 ZOCA7-10,-4 MAP Xrmo vcc) B Y A, 11A - D4 7 -E COMMI- S16,Y\ DATE rF— SICOLVVIS16V AOM11V1--rrRA4 7r�ole 4-A// AAM DAT�t— 1-0 V 4. DEPT. O)tr. 7,e4NSP-O)Re7rA r/ )e7. rmv — -SANITATI*ON'AUTHORITY DATE -1HE AOIZT601146 -')UBZ)1V151aA1 OF 44AID Or.. lq Tiffs/A� 7,2-ol, 11w. A V1,rff1tv1A CzR,-oz4-r1o1V, 45- 4pp,5,qIZ5 PANYIIOt/G P447 A5 WIrR 77-1& COWS.-wr AND 11v OVCE7 W 7 H 7 IIlVv�51rNo-'D OL,//V,'-R5 /F "Vy O.AKCR.EST. BUILDERS, INC. ate- --Y TZ9- -IUZV-- 06' (:!Me 144rr-- 615zT/,FY 71-IA-r -)RE I-Amm /A/ i. ? HIS /S A Rmenow Or TH5- 'I -AND BY TlqsEro. e-afv"mpxrlayl .,BY Om--o L,OW Two,.: e-"XA47 W L1 OFF/CIF IV Z - -2ED 631- SST' I!MG',E 744 -7- 7. 40 '/A. No. ome 9 o. E. WILDVi? /-9 001129 Sur; �ycr cc Jttls PLkT WVS AS8V1L1,CBWDITI"S OF Irik SAXITART SKR 01610 THE WATER LINES 0 I leiI i c:, 7-7 -.r- 27,777 Z44i:7 Vrsi Q i led 164 SEAVIR6 LOT 103 THRO, 106,INCLUSIVE.SHE EASEMENT, TEN 00) FEET WIDE. AS MN ' it IXTENM BYJHIS I Tt REVISE',- , REP ' AND REPOSTHE ITIQN: EASEt"T &HOW9 09 THE Of SUBDIVISION ENTITLED 'SECTION 40i NUiiOftAI tlI OF ObERRK COOT, V 634 AT PAGE 764. cI cd -�Voi cy Line, F-oicJe-rr:cnl NOW OR FORMERLY t\LDIN LAND �.% ... S 3Z° t:�i' 03 " E ^— 907.7 5. ...• � W --� •4.� 73' =QC ?C':/i•'.:�t?T �:z.�i a Z� N92°2/'Oj"'E•^ 2/9.4/' '� •,•J V itJQ ti Fk 19.65 /9.7.9 /� y� /9.73' /9 iYo' l9. roCY1 ,,, . ui W o n 0 o o $ O• 93 y�,t• `� y ti�,y I ev h N 0 Na `9,' fig:' ��' �' ; �N' r �� ��� � NN `) ur — Zoo cl h h ;� �O,N -` � 1 �a 3 N I o a 3 o ZCD 46. 75' 20 20..0d x 2z,0i0 h '�••• 1` �i9 117A0 Q m 00 > F 0 Q 2 tf3 I� h g N�2 2/ 03'E ••--/30.75' . /9.Xe' 1-V A 9.? /, •r•• j '� r �7.3G pB�� N3/'35'35'6 � /5.8•s�t � v � L N moo 0 3 4 u iy5p•p9.5/'E^-S2•G5'� a er' u LSw zM 76-94 IV92"2/'o�'E •^ 3Z0.00' 9 57'24'05"L` ^-JG•��R_/�o�s' 0 UJI Nc W & Q % ep Z W $ uior U. /V-32OZ/,47-4 39E1. 94o C aivt /N ON �1.QEA •i\/ ,90•Z -06 -s `I , oil 0' J7.q�' '/ .y �/ N •... M✓ � -•'�700' ✓�W/ .Q[7 N // /I I/ //•pz- o t00% v NN ° N 20V. aV-2. M61n .• V! 217 2�� l_5 _?/�! •f/... �f,�;21�,, 211 � •/-f{'•,�IJ.;/i/, :%�•�•il-tvf .�{� ./ :�:Jl!l;�' '"J '/.:��.�,,J. t 69 0 C� 5 1�� o� a ;:� •�O PO 4� ! 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COMMON AREA "g" •�1 Op' A, 3.907 ACRES �' 1•yv°'�N co �' ♦ N� k �y tip. o0 V� P 1B \do• N0239O2E •� / ��/ / — / 1O0. 99 is `77 per' _!= s19• p���� Tco D O' O.OJ OCd t0.G0 �7 _.�.' _ _ _ _ ;fir-•:✓,.�/r.y:1�_.�-r �� I�.1 Ca' •' 9 SEE SH31D �'.''�� GRAPHIC SCALE 501 Sol Sheet 3 of J �MD�LJ�� Ft_susolvlsIoN OF A PORTION OF SeCTION TWO ��. •'� T'&-'atCO ACSOCtAi C3 � tR^ �•• EN.CI;;EERS PtAkHERi SUC►Er0"S o r C. 7115 LEES?lP.o PIKE ROUTE 3 COX 269 u t'le"'ir.,CA-- N,- r FALLS CHU?CH VA 22043 Yrl;:CHESTEA VA 22601 2154 i Ctltltltitt ti `GkaosltG;t;atAt PA .^ A.- bC ;NO • jGatt Ne�v. 11 , Ia1TA [ tetllticd [olint L` • 1 GRAPHIC SCALE ao o ao' 100* • Sheet 4 of 9 RESUBDIVISiON SOCTION TWO ACCOMAYMC3EGCI'EERS PIAt:�ERS �SUn ' � i� �s: �• =•� -� YEYDRS 7115 LEES:;;'-6 PIKE RC;ltE 3 GCz 269 � � �«' �:.::.�. �• t FALLS Ci:.''CN VA 22043 V113HESTER VA 22601 � ' CerUtrptt r+l ltka:okd;e�tat r� ��. certified t:crtct 0 p• O. � I'lic��l'KlLKIUWNt JtC.11VIV L �+ � �•, ♦ t:• • ' �' \ '� S Z7'.32'/B" Lj �' 4 iJ0• Z/' � � / ?� yp/j �'y y �' �\ �9�� r ;� 4A / m rn 1A 2 rn n+ -4 v' s�C, r.., L.. D O 0cn U O f1 UJ ti IC2 nDm 4oc o o'' o Z 7' D �< (D D o� Zp O I 00 N i7 COf/if0 0 .`Lot D .: J O f / N ww.. m `Y T N , COMMON AREA "C" 2.114 ACRES f • "= .o IVZ �'32'/8"ta/ 485. 95 • ,w • u Iia Q ` b 6oJ VC5 V he i< R® _37,g9' ?dQ� Zt�00 f0.00'20.00' OC1?' O.JIO �100' •97.00 ^000'?QOO ZOLa�'wx na00•.D,O ?I.00 66 z /67 WO 1 0;7 1:0 /I/ 192 /93 194 I97 1-6 1,27 19,8 /99 ;:�%0 20/ Y02 o N = Vs rrOO•a t UU � �A t} $ 4 • 3 zc�' QGb ., .. .. .. 0.00 37� 37.00' .00 .. .. �. .. 2t.� . » » ACRES + �� o 00 LA rn �' rn N V sjTrp''••. Rl V i�iy COMMON AREA B = 3.907 ,v - ~ o. :p;w00' 3xc»' -4v ,car Z Jm :O 117, //c 115 11A /h3 112 tI/ //o "'log IG� /07 lc6 10.5 i0,4 109 102 ?2 ?0.00 ?a co lea 00 20.A) aD ?O.Gi9 9700' 3 X00' fa ti • 'N 17 Z/• COMMOi✓ AF�E.4 B 9.907 ACRES � � ly/F AIDIN LAND /V 27' -0-0'/B' iN---8/%28' �:,�",�, ...;••,:•'��Afi�1�W'�iYfNl�il{�w1�Mi�IluiJiN4�wi�i:�}'.14:X►,.IL•:a1r+M.,.1w ` ,.,r.yr..., .., o 69 2f. • +Ir ' SOOK 410 nu 766 � � � �GaES 66..LAG 4 . .. IN% `'• • • S• 2�.f „4 �,1.- -�"'' pd{ gt �j6 cal _ � uj 65 60 Gof 64 1•(0 Z h� ©!" .; .. � � : ��� �,� is � • Ly DIP l4 t ow •41 63 tP 3 uj V Lu a . ? off• ti� ,a � � ti � � �?� •�=� �L pOI •' ��S. � �j f cue 'r'�` '••� e 1 ►, ti�Q � ti�ao ,Z 0 �1? ta• -OQ . ma's o • SyFFT �' B � GRAPHIC SCALE 50• 0 .50• 100• A 6. COMMON 9.4i �� •��-� -�� AREA MB• . 3.907 ACt \0 3�5, oo, /G CV 5 'f'a 3 A - z17. oo' 450 3 �S 00 - Sheet 7 of 9 OSPORTIONECT ONWOr 0 i RICO AC3OCIA i CS , 1:19C. IrGINNEERS Ptl:"*ERS SURVEYORS 7115 tEESECI G PIKE ROUTE 3 BOX 269 FAILS CFU:CH VA 22043 Yf l"CHESTER VA 22601 CerUllcite of AckmaleGeement .r,j,!.,.s K pp o` Ti . i C. CUSS z �. CEKTIFCA - E tit > � 1154 a -2t! Nov. 11 1g74 111110 c:rrect n .. 767 �.• FRE JE CICTB'1VNE' �E�GT�ON 2 � d � u. SG9•44'4/ 63 E sow POOIOO' a> 3,55201_. $ g r.3,4G.a�E - • SEE SHEET 7 766 a • ` ��s 69' 3a�0D� � �. �. �► /, 9 7zt Al H �5 A SEE SHEET 7 ji�i 2, 027 r ►� " d . _/02.3� ' n► • 1� 2,s2D� N $ � � %1 07' �S. r � 3 •oo q Q o 1 , � ? . a1 io GRAPHIC SCALE f1� o o' ,00' N SEE SHEET 6 ao• Sheet 6 of n9 , �jRESUBDivialoN �� �c-����m�no 7 q)TR SEGT ONTiON OF �•�:��LrNOPG }+� ^ /� �.�+ R A TWO EI.CI..EERS PLANUERS SURVEYORS i -:='S w Cal. � 7115 LEES";'6 PIKE ROUTE 3 COX 269 �' CERT!FiCA E No. > ` r FALIS C1:L'::CN VA 22063 t'tIN (ESTER VA 22601 3154 c 6tttdicato of A Atka;,oltC;eratat A ,o 4 celld 'Ed COW" 765 COMMON AREA wild a 3.907 ACRES 1 `G,�Qo �2 soci tmi 765 N Oft $I ' Z9• id"� D=t `Z �p,44 - �A: �' 6, c .`, � s, E'er no '� oI ..��•a r _ 6,w wp .a `''��� ^�O"t'L� �••• 'I far Ar � ��t�Z'��i, aw^•�/J� �� '` g `� NOW OR FORMERLY `:�> j^�$ �� v�,,C1N= ^► �, N ALBIN LAND ry MMON A CILES NOV, 690 15 CJ W co • o° "� u, S a Zito x 2• oo•p p.� N 31.9� uj N t �1 ►kg co 4�1 n d o n r� .: �. � �. .�' rol " e a .�. GRAPHIC SCALE A� NG• ao• o ao +oo• Sheet 6 of 9 . 1- IVISIONRESUBO U O ECT ONTO TWO NI r`�ti�Lrh�f�N s Ego AC-:-[=-Cc1ATa0 CA!= -� EUNlERS PLJ;t:«ERS 'SU-lYEYC:S o L:.— E. 7115 LEES.. I'ME RCJii 3 Cox 269 u CEfiTtfpC:•TE Na y� FALLS C':;f:Cs VA 22043 ►:V!C►:;STiR VA' 22601 1154 ^� Ctrirtrpte of l.:u:cieC;e�eot ♦+ 4° pititits Carrt:t COUNTY of FREDERICK Harvey E. Strawsnyder, Jr., P.E. Director of Engineering & General Services 703/665-5643 FAX: 703/678-0682 May 17, 1991 Mr. Robert B. Childress Highway Permits and Subdivision Specialist Senicr Virginia Department of Transportation P.O. Box 229 Edinburg, Virginia 22824 RE: Drainage Design Nottoway Subdivision Frederick County, Virginia Dear Bob: it 1 : C MAY 2 1 1991 On behalf of Frederick County, I accept the as -built stormwater management design for the Nottoway Subdivision located off of Route 1075 in the Opequon Magisterial District Frederick County, Virginia. Based en our recent review of the project area, it appears that six (b) small detention basins were constructed to facilitate stormwater management. Apparently, this number was reduced from an original required seven (7) detention. basins. I could not find any correspondence which justified this reduction. However, it appears that the existing basins are being well maintained and are adequately serving their design purpose. In addition to the basins, we performed a cursory inspection of the associated ditches and culverts. Except for one (1) twelve inch culvert that crosses under Route 1075 at the north end of the project, it appears that the ditches and culverts have also been maintained and are in very good condition. The one exception appears to have been crushed on the inlet side. The exact outlet location of this pipe remains a mystery. Based on my observations during an intense rainfall, it appears that this area which is located near a horizontal curve floods toward the existing detention basin located on the north side of the road within Section I. This problem should be corrected as soon as possible. I would appreciate any suggestions that you may have related to locating the cutlet end and repairing the culvert. It is always possible that this culvert was never connected 9 North Loudoun St. - P.O. Box 601 - Winchester, Virginia - 22601 May 17, 1991 Drainage Design Page Two on the outlet end or was buried during construction of the parking area in Section I. I trust that our acceptance of the as -built stormwater management design will allow you to take ilottoway Drive into the State's Secondary Road System. If additional information is required on our part, please do not hesitate to contact me. Sincerely, jot kal Harvey Strawsnyder, Jr., P.E. Directc of Engineering HES:ris cc: Wayne Miller, Frederick County Manning and Zoning Jim Petry, Glaize and Bowman WILLIAM M. MOTE ATTORNEY AT LAW JEFFERSON NATIONAL BANK BUILDING 202 NORTH LOUDOUN STREET SUITE 308 WINCHESTER, VIRGINIA 22601 703-662-4170 December 28, 1987 Mr. Stephen Gyurisin 9 Court Square P.O. Box 601 Winchester, Virginia 22601 Dear Steve: Well I guess I'll try this one more time. Please find enclosed five sets of cover pages and plats reflecting the relocation of easement in Nottoway Subdivision, Section Two, for lots 103-106 inclusive. As per our phone conversation I would appreciate it if you could sign all five sets (on the front page) and get the Sanitation Authority to sign the same. I've enclosed enough sets for your copy and a copy for the Sanitation Authority, then if you would advise me when they are signed I will come over and pick them up. Thank you for your courtesy and cooperation, if you have any questions please do not hesitate to call. By the way I hear your doing a great job on the K of C newsletter, its a great help to Tim and I know he really appreciates your help. Best regards and Happy New Year. Sincerely yours, Charlene M. Friedersdorf Legal Secretary encl /cmf CIEC 1987 il" 1 'V CEPT. OF PLANNING AND BUILDING JAMES L. BOWMAN P. O. BOX 8 STEPHENS CITY. VIRGINIA 22856 March 3, 1978 Mr. J. 0. Rena 1 d s , III, County Administrator, Frederick County, Virginia, �'t(% 9 Court Square, LL Winchester, Virginia 22601 Re:. Nottoway Subdivision Road Bond Dear Mr. Renalds, Reference is made to your letter of March 1, regarding the above subject. The road construction bond posted with the County, now in the amount of $1,250., is an annually renewable bond. The renewal premium for 1977 and 1978 have been paid. Attached is a copy of the '78 renewal statement. The roads have not been taken into the Highway Department system as a drainage easement problem exists. A solution to the drainage pro- blem has been resolved as evidenced by the attached letter. The work will be done in the not too distant future. When this work has been completed I.will request the roads be taken into the state system. I trust that this letter adequately res- ponds to your inquiry, but if additional inform- ation is needed, please let me know. With kind personal regards, I am Yours Truly, N--,mes L. Bowman JLB/jwc Encl (2) G�L , P 1/11/78 INSURED NO. C90 030176 . j4PES INVOICE DATE 2�� 1 2-21--?8 PCX'6 STEPHENS-'CIiY,, VA. INSURED Nei•„ _ ?i V" 5 MORTGAGEE: clown' PAYti1EN7 PERIOD .�. EEFECTIYE OAfE -ram"----: _ . Hsi TO* TO' : POLICY NQ. Ty^c Qc COVERAGE 2-j--7-3 2-21-7�1 FREmIUM 809469 P0;2j " R-ctE{SAL �{ 25s00 7S' Plot I I' y Subdivision Bond; �! 2 � tt�1L�y�^"- i�f>r�.: ���> �-r,:<<.>,._,.-,gam,. _. _ � • l. a COI:::e"ONIVE:4LTH of VIRGINJA " DEPARTMENT OF HIGHWAYS & TRANSPORTATION 1221 EAST BROAD STREET Y. t O : D. 23219 C• . Y 443 22601 J 1 077 Mr. li. Bruce Edens Green:;ay Engineering Co. Boy: 666 ,inchester, .Virginia 22601 Dear Mr. Edens: LTI, 1 rt:r.�l a. ••. DWI J M K%,♦ V J.' p:HE:"Tplr (�% UPt :a..rpti; • UkaaEr.tv'1 Ur t; t•:v;rr� r R COtU-paa. M. R PE k+KI%S,.y. JH E)IRE_TOW CI Pw .Cn .AV V♦\a��V, 4'_ IN MEP. v r'l ::.SE TO Re: r:ottoway Subdivision Fredericl-. County ide are returning -one copy of revised plans for the above subdivision. The plans appear satisfactory with the following exceptions: I. The drainage easement from the cul-de-sac, Nottol.ay Drive, to be a minimum of 15' width and extend across lots 25 and 26 to Buckingham Drive. 2. Replace any existing entrance pipes along Route 277 and Buckingham Drive that may be .inadequate due to the diversion of the t:ater. Please advise us if it is decided to go back to the original R Ci:/ j a Copy: :4r. J. B. Dungan 'r• F. C. Callahan Sincerely yours, John i;. Chiles, Jr. Resident E,, er }T. i C. King \ Asst. Residen ngineer �OFIriC;E PHONE 6 c5:-4:id8 1ACOME PHONE 8+3T-I-hT 43 EAST PICCADILL'1 STREET P. O. BO1: 84 WINCHESTER. VA. January 19, 1976117 �� 'IS l:✓. James F. Hogge Bond Department CYiam, & Forster Insurance Companies Durham, North Carolina Re: James L. & Mary Jane Bowman Bond ;'r 80 94 69 2-21-74 to 2-21-76 Dear Mr. Hogge : Enclosed is a letter from the Frederick County Board o,F Supervisors requiring the above bond to be carried in the reduced amount of $1,250.00. Very truly yours, y�,/VW�j M. 1NCENT ;fHtiLLIS MV'H : kb Enclosure January 27, 1976 Dear =-ir. Hollis rtb J U 1��5 J Please have principal file the attached rider i,rith the Bogard of Supervisors and secure their ac'!%no�,!ledgement on the carbon copy. i'he carbon should than be returned for our records. Jir- (0) U. � ndeFrnArnf 111SM7 (e f� AGENT 't. st�R�.f,• �aL_ fill r t KNOW ALL MEN BY THESE PRESENTS: Bo,rT:i. ,qn RIDER Bond 809469 That Janes L. Bo "ian and Mary Jane of Stephens City, Virginia as principal, and THE NORTH RIVER INSURANC-E COPiPA Y as Surety, in a certain bond dated the 21st day of February , 19 74 in the penalty of Three Thousand Six Hundred and no/100 Dollars ( ,600 ) , in favor of Board of County Supervisors, Frad:eri' cks Co. irgina (or his successor in official position, if any), as trustee, do hereby reduce the penalty of said bond from Three Thousand Hundred Dollars ($ 3,600. ) to One Thousand Two lHundred Fifty and no/100 Dollars, ($ 1,2'0.00 ), such bond to be effective as of the lath day of January 19 76 ; provided, however, that said bond shall continue subject to the terms, conditions and limitations thereof except as hereby reduced. and provided that the aggregate liability of said THE NORTH RIVER Surety INSU7ANCE COMPA1Y under said bond, and said bond as hereby reduced. shall in no event exceed the sum of One Thousand Two Hundred Fifty Dollars, ($ 1,2 0- Signed, sealed and dated this Acknofledged and Accepted: (o L Trustee F-1-ederick County, Virginia Board of Supervisors 26ta-ay of January 19 7E Pr�inc i p a By ','it1.e Signed: TPEN0RTH RIV-L!', D i S U R A N C E COjH'AFy By Attorney -in -fact Wanda Rudd';. BOND KNOW ALL MEN BY THESE PRESENTS, THAT James L. Bowman Mary hereinafter called the Principal, and THM NORTPH R 1 TER _P1SUR1 A'1 CE MUPAINY hereinafter called the Surety, are held and firmly bound unto the Board of County Supervisors of Frederick County, Virginia hereinafter called the Obligee, in the full and just SUM Of R.,___ _ R.L___...._a Six N1112cIrpa T)nll arc ` Dollars {$ 3,600.00 ), lawful money of the United States, to which payment will and truly to be made, the Principal and Surety bind themselves and.their heirs, personal repre- sentatives, assigns, and other successors in interest, jointly and severally, firmly by these presents: WHEREAS, Principal has executed the foregoing agreement, and WHEREAS, both Principal and Surety desire to guarantee to the Obligee, performance of all of the provisions of the foregoing agreement, NOW, THEREFORE, the condition of this obligation and bond is such that if the Principal and/or Surety shall perform all of the privisions of the foregoing agreement which is incorpor- ated herein by this -reference, then the obligation of this bond is to be void and of no effect; otherwise, it is to remain in full force and effect. Provided, that in no event shall the liability of the Surety hereunder exceed the penal sum of this bond, and Further provided that the Surety, by execution hereof, expressly waives any right he, they or it may have to review and approve - any revisions to the plans, profiles and specifications referred to in the agreement. In witness of all of which the Principal and S v ty have hereunto ild set their hands and seals this �! _day of r-eP?uc_r 19 SURETIES PRINCIPAL Tit, Nj03TN ^'� RTVTl`1SfiRAT'iE_��' Wiili2'r V. Jon,s , Jr. C ttor�_A J-in-fac i STATE OF VIRGINIA COUNTY OF FREsOERICR HEiIRY B. ELS-A, JR. , a Notary Public In and for the State and County aforesaidB do hereby certify that ETA , ES L . Bo --a � - P.7 T-TARY J -1iE BOH2 A14' whose nalaes are signed to the foregoing bond, tH s day personally appeared before me in my State and C:ourz`y aforesaid and acknowledged the saute a Given under ray hand this 21st _clay of FEBt�i ARY otary I'ly Comaission expires JUI,4E 6, Y977 a STATE OF North Carolina CITY/COUNTY OF arn�tr I, Juq.n1to A. Jo7ner , a Notary Public in and for the State and City/County aforesaid, do hereby certify that W 111,in V.. Jon es , Jr.. Attorn'-ev-it-�-ft for �TQ?zs R TV WP T�TSITPp�TC'F (70: , q -jy 1 whose names are signed to the foregoing bond, this day personally appeared before me in my State and City/County aforesaid and acknowledged the same. Given under my hand this 19 7!!- . 21st day of Februar"7 Notary Public 14y Commission Expires PO'NER OF ATTORNEY T 'NORTH RIVER INSURANCE COMPANY PRIG. .PAL OFFICE, TOWNSHIP OF MORRIS, N., K :0'rl %LL MEN BY THESE PRESENTS: That the THE NORTH RIVER INSURANCE COMPANY a Corporation duly organ:Zed and existing under the laws of the State of New Jersey, and having its Principal office in the Township of n.io:ri Na.vJersey, has made, constituted and appointed, and does by these presents make, constitute and appoint.; a-mes C. Randolph Bishop, Juanita A. Joyner, Gail G . Boole, .- anCia '. illiam V. Jones, Jr., of Durham, North Caroling, Each its true and lawful Agent(s) and Attorney (s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds, undertakings and consents ofsu1,ety--------------------------------------------------------------- ----- ------------------------------------------------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duty executed and ac- knowladged by the regularly elected officers of the Corporation at its office in The Township of Morris, New Jersey in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF the The North River Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seat hereunto affixed this 9th day of Ap r1 l , 19_za Attest: Assistant cretary John. K . Stewart STATE OF NEW JERSEY) COUNTY OF MORRIS ) ss.: THE NORTH RIVER INSURANCE COMPANY l Vice le sident Harry/t. Bott On this 9th day of April 19 y3_, before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the above -mentioned Vice President and Assistant Secretary of the The North River Insurance Company, to me personally known. to be the officers described in, and who executed the preceding instru- ment, and they acknowledged the execution of the same, and being by me duly sworn, deposed and said, that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seat of said Company, and the said Corporate Seal and their signatures as officers were duly affixed and subscribed to the said instrument by th-e authority and direction of the said Company. li`d TESTIMONY WHERE0P, I have hereunto set my hand and affixed my seal at the Township of Morris, the day and year firs: above written. J (Signed} NOTARY PUBLIC OF NEWJcPS�`! (Seal} PI,y Crrmissiett Expires July 2t1976 Notary P/u)biic T'nis Po:ver of Attorney is granted pursu- to Article V, Sections (a) and (b) of -ihe By-' qws of the THE NORTH RIVERS . INSURANCE COMMPANY as adopted on i z6th day of June, 1972 and now in full force effect- ARTICLE V Execution of Instruments The Chairman of the Board; President, or any Vice -President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall have power on DFhalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes menticned in the preceding paragraph (a), including affixing the seal of the Corporation. This Power of Attorney is signed and sealed under and by the authority of Article IV, Section 9 of -the By -Laws of the THE NORTH RIVER INSURANCE COMPANY as adopted on the 26th day. of June, 1972, and now in full force and effect. Article IV, Section 9. Facsimile Signatures -- The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipuiations, powers of attorney of revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced ..... The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. CERTIFICATE State of New Jersey County of Morris 1, the undersigned, Assistant Secretary of the THE NORTH RIVER INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing P01jNlER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article V, Sections (a) & (b) and Article IV, Section 9 of the By -Laves of the Corporation are now in full force and effect. In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 218 t day of February_ 19 74 B y sus:ant Sxratary Ernest E. Smith F%1.203.0.131 (10-72) J. O. RENALDS III COUNTY ADMINISTRATOR *eberirk &unty Puarb of �$uperbisvrs January 15, 1976 Mr. James L. Bowman P. 0. Box 6 Stephens City, Virginia 22655 RE: -,-Bond Nottoway Subdivision, Section I Dear Mr. Bowman: 9 COURT SQUARE WINCHESTER. VIRGINIA 22601 At a Regular Meeting of the Frederick County Board of Supervisors held on Wednesday, January 14, 1976, the Board voted to reduce the amount of the surety bond on Nottoway Subdivision, Section I, from $3,600 to $1,250. This office will be happy to work with you in reducing this amount if you will contact us. JOR:akk cc - H. Ronald Berg Sincerely yours, J. 0. Renalds, III County Administrator 703 - 667-2365 J. O. RENALDS 111 COUNTY ADMINISTRATOR �rE�ErTt�t K1•II�I1'i�t1 *arbr of Suyervisars December 18, 1975 9 COURT SQUARE WINCHESTER. VIRGINIA 22601 Mr. James L. Bowman P. 0. Box 6 Stephens City, Virginia 22655 RE:.,:Bond Release Nottoway, Section I Dear Mr. Bowmari:,___ In.regard to the release of the bond on the road.in Section I of Nottoway Subdivision, the Virginia Department of Highways stipulates that the County should maintain a minimum bond of $1250 until such time as the Board of Supervisors requests the road be taken.into the Highway System and you have posted your defect bond with the Highway Department. Therefore, the.item to appear on the Board Agenda for January will be to release the bond on all the water and sewer lines per Mr. Jones' letter in that regard and retain a bond of $1250 on the roads,as_stipulated above.._ Should you have any questions-2 please contact me. Sincerely yours, . 0. Renalds, III County Administrator JOR:akk 703 - 667-2365 FREDERICK COUNTY SANITATION AUTHORITY POST OFFICE sox 618 S. ROGER KOONTZ, CHAIRMAN 9 COURT SQUARE WELLINGTON H. JONES. P.E. JAMES ROBESON, VICE-CHAIRMAN ENGINEEP. - DIRECTOR W!1VCHESTER, VIRGIiV1A 22801 G. W. BORDEN. SEC.-TREAB. JAMS H. DIEHL - WILLiAM A. MORRISON PHONE 703 - 667-0389 December 15, 1975 Mr. James L. Bowman _ P. Oo Box 6 Stephens City, Virginia 22655 Re: Nottoway Water 8; Sewer Facilities Dear Mr. Bowman: A final inspection of the Nottoway sewer lines has found all faults , to be corrected except as follows: .1. Grout in 1IH 1-A has eroded due to releasing flow before the grout adequately set up. 2. Grout is in pipe from MH 1 to 1-A at MIJ-1. 3. Due to grout noted in Item 2, line from MH 1 to 1-A .could not be air tested. The water facilities were inspected and passed in September 1974, and thus started the year's maintenance agreement. Therefore, you no 'longer have any responsibility for repairing the water system. Our records indicated the main sewer collector was repaired and tested the last week of June- 1975, therefore the year's mainten- ance agreement started on July 1, 1975 for the sewer lines. When the roads have been dedicated to the Virginia Department Of Highways, the Bill of Sale for the lines can be executed and recorded thereby transferring ownership to the Authority. The Authority has no further requirements for your performance bond, and due to your willingness to correct deficiencies it will not be necessary to hold a percentage of the bond for sewer line maintenance. y Pao-e Two tames L. Bowman December 15, 1975 By copy of this letter to the County Administrator, I am informing him of this. Sincerely, W. H. Jones Engineer -Director WHJ/tm cc: J. Oo Renalds I c �! BOND KNOW ALL MEN BY THESE PRESENTS, THAT James L. Bowman and Mary Jane Bowman hereinafter called the Principal, and THM NORTH RIVET? INSURANCE COMPAATY hereinafter called the Surety, are held and firmly bound unto the Board of County Supervisors of Frederick County, Virginia hereinafter called the Obligee, in the full and just Sum Of Three Thousand Six B.tndred na11'grc Dollars ($ 3,600.00 ), lawful money of the United States, to which payment will and truly to be made, the Principal and Surety bind themselves and.their heirs, personal repre- sentatives, assigns, and other successors in interest, jointly and severally, firmly by these presents: WHEREAS, Principal has executed the foregoing agreement, and WHEREAS, both Principal and Surety desire to guarantee to the Obligee, performance of all of the provisions of the .foregoing agreement, NOW, THEREFORE, the condition of this obligation and bond is such that if the Principal and/or Surety shall perform all of the privisions of the foregoing agreement which is incorpor- ated herein by this -reference, then the obligation of this bond is to be void and of no effect; otherwise, it is to remain in full force and effect. Provided, that in no event shall the liability of. the Surety hereunder exceed the penal sum of this bond, and Further provided that the Surety, by execution hereof, expressly waives any right he, they or it may have to review and approve any revisions to the plans, profiles and specifications referred. to in the agreement. In witness of all of which the Principal and Sur�ty have hereunto ' set their hands and seals this 1/ day of t-ep -uc,ru _, 19 SURETIES PRINCIPAL THE' ' 1 J'?TN RIVER TNSUT?ANrF CO121 1Irv—` William V. Jones Jr. Attorney -in -fact STATE OF VIRGINIA COUNTY OF FR.EDERICK I, HENRY B. ELSEA, JR. , a Notary Public in and for the State and County aforesaid, do hereby certify that JAI:TES L . B04 11 AI ND MARY JANE BO`,"iMA:1.1 whose names are signed to the foxegoin-g bond, this 7day personally appeared before me in my State and County aforesaid and acknowledged the same. Given under my hand this 21st day of FiBRUARY p 19 4�____ . L\ <n n My Commission expires STATE OF North Caroli.n.a CITY/COUNTY OF Durher. JUNE 6, Y977 I, Juanita A . Jo7-ner a Notary Public in and for the State and City County aforesaid, do hereby certify that W2111iam V. Jones,. Jr. for TTF 1,Tnr?9'F R TV 4P TNS11PA1dCF whose names are signed to the foregoing bond, this day personally appeared before me in my State and City/County aforesaid and acknowledged the same. Given under my hand this 21st day of February , 19 7)'- / Notary Public My Commission Expires POWER OF ATTORNEY NORTH RIVER INSURANCE COMPANY PRINCIPAL OFFICE, TOWNSHIP OF MORRIS, N.J. KNOW ALL MEN BY THESE PRESENTS: That the THE NORTH RIVER INSURANCE COMPANY a Corporation duly organized and existing under the laws of the State of New Jersey, and having its Principal office in the Township of Morris, New Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint J ame s F. Rogge, C. Randolph Bishop, Juanita A. Joyner, Call G. Poole, t,!anda Rudd, 1,lilliam V. Jones, Jr., of Durham, North Carol_na, Each its true and lawful Agent(s) and Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds, unde ^takings and consents ofsurety--------------------------------------------- ------------------------------- ------------------------------------------ and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed and ac- knowledged by the regularly elected officers of the Corporation at its office in The Township of Morris, New Jersey in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF the The North River Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 9th day of April , 19-2-3 ER!;5�9 Attest: / -ail � , C Assistant &&cretary John. K. Stewart STATE OF NEW. JERSEY) COUNTY OF MORRIS ) ss.: THE NORTH RIVER INSURANCE COMPANY VicePYe s i d drint Harry Bott On this 9th day of April 19_Z3_, before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the above -mentioned Vice President and Assistant Secretary of the The North River Insurance Company, to me personally known to be the officers described in, and who executed the preceding instru- ment, and they acknowledged the execution of the same, and being by me duly sworn, deposed and said, that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal at the Township of Morris, the day and year first above written. (Signed) NOTARY PUBLIC OF NEW JERSEY i Ny Commission Expires July 2t 1976 (jgaj) Notary Public January 30,_1974 Mr. Vincent Hollis _......:............. :. P. O. Box 84 Winchester, Virginia 22601..: Re: $ 3, 500 Subdivision Bond, Nottoway Subdivision - Section.,I Stephens. City, Virginia Dear,Mr. Hollis I have enclosed, as an attachment :to this letter,.^_a format for an agreement and. bond .between the.,,developer,.., . his surety company, and .Freder,ick_.County. for, your,.review•.,,.. _ In order to execute this contract,._ it will .be .necessary for - the Board of Supervisors _to authorize, ,the Chairman. w.. and me to sign these Agreements,._ However, ,,L. ,would. hope..:_ that the intention to have.,^these. agreements ,executed,_.. ,.. would be sufficient until the. Board_ convenes. _aty,their. next 'regular session so' that. youct might .proceed., with. the.,. acquisition of the performance, .bond, for., Nottoway .Sub- division. Any details -which you would,&.require regarding„the, plans and -profiles -for the. ,above, .mentioned, .subdivision,. may be obtained.. through Mr.... Ray.. Nice,ly_,. _the.,.,surveyor ., on the project. I believe ..y.,ou, yal.ready , have.^.a:. copy. aof. the letter' which was sent to. _Mr,.._James_ '.Bowman the items covered in the _bond ,an(f ._the , z lue, of, ,each - portion. The applicable .sections of ..the ',,F ederick , County Subdivision Ordinance ..pertaining. to__..bonds :are Article' 5, Paragraphs..5,. 11 r Mr. Vincent Hollis Page 2 January 30, 1974 Should you have any questions --regarding the ..enclos.eO, ...- agreement and bond, please_ .contact me.... _ . Unless. I hear..,..,, further from you, we will.plan .on...hay..ing the..Attached.... document executed by the, Board -at., the,._next egular.,.meeting.. Sincerely yours,. J. O. Renalds, III County .Administrator JOR:akk Enclosure . _ ...._... . _ cc Mr. James Bowman _ cc - Mr. Raymond 'C. Sandy. THIS AGREEMENT by and between AGREEMENT made this , 19 party, parties of the first pert.; end the BOARD OF COUNTY SUPERVISORS OF °°T COUNTY, VIRGINIA, a body corporate, party of the second part; WHEREAS, in consideration of the approval by the party of the second part of the plat, plans and profiles of the subdivision known as and the party of the second part not requiring the following work to be completed prior to the approval and recordation of said plat, the party, parties, of the first part, his or its heirs and assigns agree to do the following work within months from the date hereof: 1. To construct all physical Qmmp,r4Qvee,ments in accordance with said plat, plans and ^des, and applicable provisions of the Subdivision Ordinance, including, but not limited to, the placement of survey monuments, the construction of an adequate storm drainage system both on the sub -divided property and on adjacent properties as needed a-n- tTr--a-c-c-o-nd-a-n-r-e-= wvi t.ha. �c u;r.r-e FA --p-o 1-i-c i-e-s--a.n-d—d e•s-ixg-n• c- r i t•eWr i-a°-~ o.f, w-t h e—D•e-p=anr-t-mE.n�t --.o-f -P-u-b+i-c=-Waox-ks�, the construction of streets and roads in accordance with current standards of the Virginia Department of Highways and the installation of water distribution and sewage collection and/or treatment facilities so as to provide service to each bui.l...di ng' site 2. T o — m t he s ,,` 4_�g-i-nee-wi-n-g-4-n-s-p�� .i aiL, a pit prior to beginning any street and utility work in connection with said subdivision. 3. To provide adequate supervision on the project site during the installation of all required improvements and a responsible superintendent or foreman together with one set of approved plans and profiles on the project site at all times when work is being perform- ed. - 12 - 4. To comply wi th al 'I requi rements of the Vi rgi n•i a Department of Highways in order that the streFt> will be accepted by the Virginia Department of Hi ghways for operati on and mai ntenance , a -id the party of the first part agrees to make prompt app.i S cati on , to the Virginia Department of Highways for acceptance of such improvements. 5. It is agreed and understood that Tina) apprnvai of completed work can oCounty. be ver, by the 0 f l C 0 u n t y .�--: 6. Maintain dust control on the project site at all times. 7. Provide for the adequate control of erosion and sedimentation by temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading and construction. — - - _ _= -agree-�—t'o FP r o v i d e and maintain all -weather access to all those premises, which are occupied by owners or occupants other than the party of the first part of its agents, until such premises are accessible via public streets that have been accepted for maintenance and operation by the State Highway Department. 9 ./ IT o� e r,o a jho v e r l-o t g r a d-i n g i,nac c-o-r r a n e e. w'i t hz a ppr-o-ved p,l ans . _.l.G-.'%To install all traffic warning and regulatory signs and devices required b theqa.pproved plans or required by t h e i.em-WeF+*s d u r i n g construction and to maintain said signs and devices in an operable condition until streets are accepted for maintenance and operation by'the State Highway Department. Maintenance: All traffic signs shall be kept in proper position, clean, and legible at all times. Damaged signs shall be replaced immediately. Special care s:h=M be taken to see that weeds, shrubbery, construction materials,.and snow are not allowed to obscure the face of any sign. _I-T.JO,To maintain control on the project site at all times so that mud is not tracked out of the project by vehicle tires and deposited on adjacent streets of the State System, or other streets as such may be adjacent to the project site. -Fe &ra( (c?c-eDQ- cznd f-eq,I )o,4-,o S I+k re�are 47D any ccn1S+r_Lt04"O -fie r4-& %'Aiv4-o 4-�e- coe_ CIA. In testimony whereof, the party of the first part has hereunto caused its corporate names and seals to be hereunto affixed, for and in its behalf, by its President, duly attested by , its Secretary, and caused this agreement to be acknowledged and delivered for and in its behalf, by its said President and Secretary. (SEAL) Attest: Secretary Corporation BY President STATE OF VIRGINIA to wit: C O U N T Y O F T754=x I, , a Notary Public in and for the State and County aforesaid, and whose commission as such will expire on the day of , 19 , do hereby certify that this day personally appeared before me in my said State and County, President. and , Secret.ary, respectively, of . a and respectively, thereof, and each then and there further acknowledged that the corporate seal affixed thereto is the true and genuine corporate seal of the said a body corporate, and that the said hereunto annexed agreement was signed, acknowledged, and the corporate seal thereunto affixed, pursuant to resolution of the , a body corporate, and the said resolution was duly and regularly adopted. GIVEN under my hand and notarial seal this day of f 19 Notary Public — 14 - . In testimony whereof, the party of the second part has hereunto caused its body corporate names and seal to be hereunto affixed, for and in its behalf, by its Chairman, duly at A&243-*—A�n-d its County caused this agreement to be acknowledged and delivered for and in its behalf by i is sai d Chai rman and County E)�rMt c r__ WITNESS THE FOLLOWING SIGNATURE AND SEAL: BOARD F C UN'Y SUPERVISORS OF AM' COUNTY, VIRGINIA, a body corporate BY: Chairman (SEAL) Attest: County - of the Board of County Supervisors of�� STATE OF VIRGINIA) to wit: COUNTY OF Pam. C IANY) I, a Notary Public in and for the State and County aforesaid, do hereby certify that this day personally appeared before me in my said Count C it n of the Board of County Supervisors of Pig 7X� Cpunty, V.ii a and County the Board of County Supervisors of County, Virginia, whose names as Chai rmadn t Board of County Supervisors i--e-`--i-�l=�= County, Virginia; a"body corporate, and and signed to the foregoing and hereunto annexed agreement dated , and each then and there personally and severally acknowledged the said agreement for and on be alf of, he said Board of County Supervisors of ibfn County, Vi i all aid Board of County Supervisors of '?" *4 County, Virginia, a body corporate , and acknowledged that the seal hereto affixed is the true and genuine seal o.f the -s,�-id Board of County Supervisors of ° -r"'f`'i crm County, a body corporate. My commission expires , 19 Given under my hand this day of 19 Notary Pu is - 15 - it 1 KNOW ALL MEN BY THESE PRESENTS, THAT hereinafter called the Principal, and s hereinafter called the Surety, are held and li r ly _bound unto the Board of County Supervi sors of County, Virginia, hereinafter called the Obligee, in the full and just sum of Do] 1 ars lawful money of the United States, to which payment will and truly to be made, the Principal and Surety bind themselves and their heirs, personal representatives, assigns, and other successors in interest, jointly and severally, firmly by these presents: WHEREAS, Principal has executed the foregoing agreement,'and WHEREAS, both Principal and Surety desire to guarantee to the Obligee, performance of all of the provisions of the foregoing agreement, NOW,THEREFORE, the condition of this obligation and bond is such that if the Principal and/or Surety shall perform all of the provisions of the foregoing agreement which is incorporated herein by this reference, then the obligation of this bond is to be void and of no effect; otherwise, it is to remain in full force and effect. Provided, that in no event shall the liability of the Surety hereunder exceed the penal sum of this bond, and Further provided th.at the Surety, by execution hereof, expressly waives any right he, they or it may have to r: review and approve any revisions to the plans,`proffles and specifications referred to in the agreement. In witness of all of which the Principal hereunto set their hands and seals this day of — SURETIES and Surety have PRINCIPAL — 16 — STATE' OF VIRGINIA COUNTY OF P. I, , a Notary Public in and for the State and County aforesaid, do hereby certify that whose names are signed to the foregoing bond, this day personally appeared before me in.my State and County aforesaid and acknowledged the same. Given under my hand this day of 19 Notary Public My commission expires — 17 — aamzi. .2. Dowman c0. qL .x /6 C1�E/]12 EI21 7ity, (VisginLa 22655 January 22, 1974 Mr. J. 0. Reynalds County Administrator Winchester, Va. Dear Mr. Reynalds, Due to the problems that we have encountered on the Surety Bond on the Nottoway Subdivision Section One, permission is respectfully requested for a 15 day extension from January 23, 1974 to get the necessary information to the Insurance Co. With kind personal regards, I am, Sincerely, James L. Bowman �C1&F�RSi January 15, 1974 M. Vincent Hollis P. 0. Box 84 Winchester, Virginia 22601 Dear Mr. Hollis: CRUM & FORSTER INSURANCE COMPANIES VIRGIOIA-GAR(NANAS i.iacv!L►4T 705 Broad Street ' Durham, North Carolina 27705 Telephone: (919) 286-4461. RE: James 'L . Bowman Stephens City, Virginia $3,600 Subdivision Bond Frederick County Board of Supervisors We will be happy to handle the above bond for Mr. Bowman although as a class it is generally the type of obligation we prefer to pass by. It will be necessary to "pin down" the obligation in contract form to which the bond has been attached. This "contract" should be drafted by the Board of Supervisors and then copy forwarded for our guidance in preparing the actual bond form. Please have Mr. & Mrs. Bowman sign the attached application as I had indicated on the sample. Yours very truly Jam IF. Ho Bon Departmental Manager JFH/cct January 2, 1974 Mr. James L. Bowman P. 0. Box 6 Stephens City, Virginia 22.6555. Dear Mr. Bowman: Enclosed, as an attachment,, is a,breakdown of construction cost for streets and. water and sewer for Nottoway Subdivision. The total amount of bond re,quired will. be $3,600. Should you have any questions,. -please conto,ct me. Sincerely yours, J. 0. Renalds, III County Administrator JOR:akk Enclosure . _ Y CONSTRUCTION ESTIMATE NOTTOWAY SUBDIVISION STREET 210 feet at $12 per foot $2,520.00 No culverts WATER & SEWER $2, 520-. 210 feet 6" water at $6.50 $1,365.00 1 each 6" cross at $45.00 45.00 2 each 4" valves at $110.00 220.00 60 feet 4" water at $6.00 360.00 1 each fire hydrant assy. 600.00 210 feet 8".sewer at $8.50 1,785.00 7.5 v.f. 4' dia. M.H. at $50.00 375.00 60 feet 8" sewer at $8.50 510.00 $5,260.00 Retain 20% for maintenance $1,052. Total $3,572. Bond Required $3,600. THE PINLS TOWNSHOUSE ASSOCIAT18N Dear Pines Ab6ocLatic)n MC-111ber; 0 Enclosed is a copy of the by-laws. 'They explain our responsibilites and priveleges as homeowners in the Pines. When you buy yGqfs hc)"'e lire, you autollkZiLically become a member and will be expected to adhere to all the by-laws. One result- of the lack of understanding of Lhe responsibi-i i ties of jjojjkeownL!rs Associ'-ILiOn(IiOA) mumber6hip i•s the faimlurL! of 11111"Y HOA members to becolLie actively involved in tioA management. A ILick of jI.Ivojv4-,jjjOj,jt often jilezArls a lock of caring, and the result i j management team not performing its duties. rilliE BY-LAWS COMMITTEE it M it M M M 11 i1 M 1f i4 M* i1 M 0 it -N 11 M M IN 1f M M M M M iF #* ih M M it M M JAMES L. ' B014IMAN, ET AL T/A THE PINES J* TO: .. .. AMENDED"DEED OF•DEDICATION & PLAT GEORGE W. RA.MPEY, ET'AL y 9��E ao�c 4,10 i.IG THIS AMENDED DEED OF DF61CATION AND PLAT, miide.this lot day of January, 1975, by and between ,James L. Bowman and Frederick Development Company, Inc., partners T/A The Pines, of �^ the first part, hereinafter called the Grantors; George W. Rampey and Martha Sue Rampey, his wife, and Fredericktowne Company, .a Virginia corporation, of the second pax`t, hereinafter called Other Landowners; and Henry H. Whiting, Sole Acting Trustee, David J. Andre', Sole Acting Trustee, and Old Dominion Savings and Loan Association; Beneficiary. WHEREAS, the Grantors are owners of all lots in Frederick- towne Section Two except.Lots No. 87 through 89; and, WHEREAS, Other Landowners are owners of said Lots 87 through . 89; and, _ H'HEREAS, the remaining parties are respective Trustees and Beneficiary of deeds of trust upon various portions of. the above referenced property; and, t,HEREAS, the lots in Section Two of Fredericktowne are subject to a Deed of Dedication and Declaration of Plat dated July 12, 1973 recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 413, at Page 208 and amended by instruments recorded in said Clerk's Office in Deed Book 413, at Page 688 and in Deed Book 427, at Page 555 and in Deed Book 438, at Page 84; and, WHEREAS, pursuant to Paragraph 15 of the original Deed of Dedication and amendments thereto and pursuant to the authority granted by Fredericktowne Company in their deed of conveyance to the Grantors, dated April,29, 1974, the. Grantors plan.to resubdiv de Original Lots 33 through 53 and Lots 74 through 86 of said Section Two of Fredericktowne, to remove all conditions and restrictions "22130k a JOHNSTON •1101./15 ,T tAv �I.t,,,,te..,..,.,. against said resubdivided lots, to place new conditions an 1 MAMMISOM A .DMMiTOM ATTYA., TM AT &A• •I.9.I6TIM..I46I64 3ocK 4'!C 'Ai 7.47 restrictions against said resubdivided lots'and to recite in con- solidated form the conditions and restrictions against the other lots in said Section Two; and, • 1 WHEREAS, it is the desire of all the parties hereto, who are the only parties having an interest in the real estate consisting of Section Two of Fredericktowne, to effect the changes set forth -in the paragraph immediately above. NOW, THEREFORE, THIS AMENDED DEED OF DEDICATION AND DECLARATION OF PLAT, WITNESSETH: That for valuable consideration the Grantors, with the consent of the other parties hereto, do hereby resubdivide Original Lots 33 through 53 and Lots 74 throug 86 of Section Ttiio of Fredericktowne as shown on the plats of Thomas C. Glass , - C .L. S•.;, ' attached hereto and by this reference mac a part hereof, said lots -being subdividgd into lots now numbered 33 through 53, 74 through 86, 90.through 169 and 171 through 222 (hereinafter referred to as "Townhouse Subsection Lots") and into Common Areas "A", "BIT and "C", as shown on the attached plats. The resubdivision of the said Original Lots 33 through 53 and 74 through 86 is with the free consent and in accordance with the desires of the Grantors herein and all of the other parties beret, The platted land is just East of Interstate 81 and just North of State Route 277 and is a portion of the property conveyed to 'Grantors by deed dated April 29, 1974 and recorded in Deed Book 427, at Page 580. The Grantors and the other landowners, with the consent of i the other parties hereto, do hereby remove and vacate all the conditions and restrictions placed against all lots in Section Two of Fredericktowne as set forth in the aforementioned Deed of Dedication and the amendments thereto and do subject all lots in said Section Two (being Lots 1 through 169 and 171 through 222) to the following covenants and restrictions which shall be 2 - t 4,T ir,c ;-13 considered covenants real and running with the lnnd and shall be binding upon and inure to the benefit of the Creint:ors and other landowners and all subsequent owne,rs.of said lots 1. Lots 1 through 32, 54 through 7,3 and 87 through 89 shall be used for single family dwellings only.. The Townhouse Sub- section Lots shall be used for single family townhouses, one (1) per lot. No lot shall be used except for residential purpose; except that the occupant of a dwelling house may use same for a secondary occupation provided no one other than membeK" f the family residing in said dwelling are employed in the business and provided no signs or other displays in regard to said business are in view of .the general public. 2. No signs or advertising of any nature shall be erected or maintained on any lot, except for sale or rbntal signs for said lot, not to exceed six .(6) square feet in area. 3. No lot shall at any time be subdivided unless the resulting lots are larger than the lot subdivided. 4. No fence, hedge or other visual barrier shall be to the front yard of any lot; fencing of back yards may include side yards to a limit of one-half (1/2) of the depth of each dwelling. All such barriers must be kept in good repair. All chain link fences must be of the green vinyl type. 5:' No owner of any lot shall interfere with the natural drainage of surface water from such lot to the detriment of any other lot. 6. Each dwelling must be connnected to a water system and to a sewer system approved by the Lord Fairfax Health District. 7. No boats. -mobile homes,'motor homes., campers, buses, trailers of_any_lcind, tractors, trucks nor commercial vehicles, -•Ise■ S JOHNSTON other than automobiles, motorcycles and pick_uR_tru-rAa, A110--118 AT LAW .,..-1.. T,„,.. shall be permitted on any lot except during the course of con- - 3 - c 4 ,1A11ILOM ( IONMGTOM ►T:G11111 AT 11• MIM1H11T11. t111-A • Bc-% 44.0 '149 struction or addition to buildings unless -they are -housed. -..in. a car port or garage. No motor vehicle which does not have a current license pl,►t_e- and a cui.runL Vir};inia :Inspection Sticker shall be permitted on any lot_.- ----------------- 8. No animals, livestock or -oultry of any kind shall be raised or kept on any lot exce t that dogs, cats and other house- hold pets may be kept_providcd that they aro not kept, bred or maintained for coia,:.ercial purposes. 9. All lots, improved or unimproved, shall be kept free of undergrowth, brush, trash and debris_ Trash, garbage or other waste shall not be kept except in sanitary containers. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pick-up. 10. Lots 1 through 32, 54 through 73'and.87 through 89 shall be subject to the following additional covenants and restrictions (a) No'buildings shall be erected on any of said lots which shall contain less than 1,200 square feet floor area for a single story building, nor 750 square feet floor area for a multiple story dwelling and such structures facing street must be at least 25 feet wide. Such area shall be exclusive of porchk patios, carports, basements and attics. All out buildings shall be attached to the main structure. Each building shall be com- pleted within eighteen (18) months from the date of commencement (b) No structure includinz covered porches or patios 1r.ha11 b e—less than thirty-five (35) feet from any street The minimum side yard for each structure shall be ten (10) feet with the width of both side yards a minimum of twent five (25) feed, Each main structure shall have a rear yard with a depth of at least thirty-five (35) feet. No driveway shall be less than eight (8) feet from any side lot line. lu 4 I MOCK 4,40 PncE 750' TOWNHOUSE SUBSECTION 11. The Townhouse Subsection Lots idiall be subject. to the following additional covenants, restrictions, easements and liens: (a) No building, structure, alteration, addition �r improvement of any character, other than :interior alterations, •shall be constructed upon any lot nor any exterior painting done unless a plan of such construction, including quality of workman- ship, design, colors and materials, shall have been approved by the Board of Directors of The Pines Association Inc. (hereinafter referred to as The Association) as being in harmony with the whol, Townhouse Subsection, espegially the adjoining townhouses. (b) No roof top .antennas shall be erected or permitted higher than ten (10) feet above the square of the building. No exterior clothesline or hanging device shall be allowed upon any lot except .for an umbrella type with —a diameter not exceeding, seven (7) feet, provided same is located in the rear of the lots. (c) In the event a townhouse is destroyed, the owner thereof shall begin construction within a reasonable time or clear away the remaining portion of the townhouse and maintain, the lot in a neat and orderly condition. If the owner.fails to perform.such clearance or maintenance, The Association shall perform same and the expenses thereof shall be added to the annul assessment against the particular lot. (d) In the event a townhouse is destroyed, no structur other than a townhouse of the same dimensions and similar architecture shall be constructed in the place of the original structure. (e) The general rules of law regarding party walls anc . HARRISON A JONrlTOM .,,,..,., AV LAW liability for property damages due to negligence or wilful acts - 5 - l' HA AN ISO II l JOINMSTOP ATTOAAIT/ AT CA/ .I.t.16714. "AMA 90Ct 4, 0 i'a! E ! %:� 1 or omissions shall ably. Thecas.t._..nf _r".6"able repair and r,.aintenance of a party wall shall be shared by the two. inipg_ - - -- landowners, except to the extent the wall is not of use to one-Y of the owners. If a party wall is destroyed or damaged by fire or other casualty, any owner who has. use of the wall may restore it, and if the other owners thereafter make use of the wall, they shall contribute to the'cost of thstoration thereof in pro- - - - .. ------------ - — I portion to such use without prejudice, however, to the right f any such owners to call for a larger contribution from the othersi under any rule of law regarding liability for negligence or for wilful acts or omissions. (f) No noxious or offensive activities shall be carrie4 on upon any such lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.; (g) Each'lot owner shall have the right of ingress and' egress from his lotto a State maintained road across the area i riark'ed "Common Area". Each lot owner shall have the right t- i park within the area constructed for parking which.lies immediatel; adjacent and in front of his lot. Each lot owner shall have the right to use.the area marked "Twenty Foot Easement" on the attache plat for the purpose of ingress and egress to his lot. No st` ruct or planting shall be placed in the "Twenty Foot Easement" which wi .interfere or impede the use of same for utilities or ingress an eg_ re8= (h) The Grantors reserve unto themselves and their assigns, the right to erect, maintain, operate and replace under i ground and above ground telephone and electric light conduits, related equipment and other facilities, sewer, gas, water and j I television lines and related equipment and other utility equipmenC where such utility lines and equipment are now located and on, over and under that strip of land marked on the attached plat as '! "Twenty Foot Easement" and on, over and under that area of land I t marked on the attached plat as "Common Area A", "Common Area B", I - 6 - 5�J N.¢2I100 t JONkSiOM ...o..,♦..� ,.. r ♦ i' 500K 41,1.0. FACE ! 52, and "Common Area C", the right of, ingress and egress thereto and the right to -grant easements .of_-wAy therefor. (i) WHEREAS, the Grantors htive created a non -stock corporation called The Pines Association •Inc.., to which the Grantors plan to convey the property.despribed on the attached plat as .Common Areas A, B and C and the operation of which shall be subject to the following conditions: (1) Every person or entity who is a record owner of a fee or undivided fee interest in any lot in the Townhouse Subsection of Section Two of Fredericktowne Subdivision 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. Membership shall be appurtenant to and may not be separated from ownership of any such lot. Ownership of such lot shall be .the sole and continu qualification for membership.. _ - (2)�Each member 'shall have one (1);vote for each lot owned by that member in said Townhouse Subsection. If a_ member has less than a full interest in a lot, his vote -shall_ be reduced accordingly. The total number of votes shall e�qu_al the total number of lots in said Subsection- (3) Every member shall have a right and easement of enjoyment in and to the Common Areas and such easement shall ' be appurtenant to and pass with the title to every Townhouse Subsection lot, subject, however, to the conditions -and res rictions placed thereon herein or by The Association. (4) The owner of each lot in said Townhouse—aub- section, by acceptance of a deed thereto, is deemed to covenant and agree to pay annually, beginning with 1976, to The Associatio its successors or assigns, an amount, determined.t�y the Board of Directors of The Association, for the purpose of exercising the powers given The Association herein or by an amendment hereto! and of providing ma n enance, including snow removal nd payment - 7 - ., i MAAYIio■ A jOkk6T01 A11004[IA AT "s N i.A.AATAA..IAB—A f 050K 4�0' of real estate taxes, repairs and improvements of and to the _ — ---- - - land owned by The Association anli.altio that portion of those Townhouse Subsection lots where the Coiwnon Area in front of same is not sufficient to provide said lot a parking area similar to that provided the other Townhouse Subsection lots. During ------------ the month of January of each year, beginning January 1976, The Association shall notify each such lot owner in writing as to the amount of the lot assessment and the date and manner of payment of same..- All assessments must be fixed at a uniform rate for all lots. 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 specif: lot have been paid. A reasonable charge may be made by the Board for the issuing of such certificate, which certificate shall be conclusive evidence of payment of any assessments therein stated to have been paid. Said annual assessment shall be a charge upon and running with each lot of said Townhouse Subsection. If the owner is in default in the payment of any assessment, in addition to any other means of collection, TheAssociationmay bring an action at law against the owner personally obligated to pay same and may also sell the lot involved at public auction after advertiser: once a week for two (2) successive weeks, -in some conven=..ent newspaper, having general jurisdiction in this County, and after ten (10) days written notice mailed to the last known address of said owner. Costs of sale shall be paid from proceeds of sale before payment of amount in default. This lien is expressly made inferior and subordinate to any deed of trust now or hereaf, encu berinZ any lot, unless notice to the contrary is placed of record prior to the recordation of a deed of trust. In exchange for the Grantors' agreement to maintain 8 MAAYIio■ A jOkk6T01 A11004[IA AT "s N i.A.AATAA..IAB—A f 050K 4�0' of real estate taxes, repairs and improvements of and to the _ — ---- - - land owned by The Association anli.altio that portion of those Townhouse Subsection lots where the Coiwnon Area in front of same is not sufficient to provide said lot a parking area similar to that provided the other Townhouse Subsection lots. During ------------ the month of January of each year, beginning January 1976, The Association shall notify each such lot owner in writing as to the amount of the lot assessment and the date and manner of payment of same..- All assessments must be fixed at a uniform rate for all lots. 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 specif: lot have been paid. A reasonable charge may be made by the Board for the issuing of such certificate, which certificate shall be conclusive evidence of payment of any assessments therein stated to have been paid. Said annual assessment shall be a charge upon and running with each lot of said Townhouse Subsection. If the owner is in default in the payment of any assessment, in addition to any other means of collection, TheAssociationmay bring an action at law against the owner personally obligated to pay same and may also sell the lot involved at public auction after advertiser: once a week for two (2) successive weeks, -in some conven=..ent newspaper, having general jurisdiction in this County, and after ten (10) days written notice mailed to the last known address of said owner. Costs of sale shall be paid from proceeds of sale before payment of amount in default. This lien is expressly made inferior and subordinate to any deed of trust now or hereaf, encu berinZ any lot, unless notice to the contrary is placed of record prior to the recordation of a deed of trust. In exchange for the Grantors' agreement to maintain 8 said Co!mnon Areas until December 31, 1975, ch a Grantors shall be exempt from payment of said annual assessment. In addition, the following property shall be exempt from the assessments created herein and shall not be subject to said lien: (a) Areas owned by The a AssociatTig4,-,_� (b) Areas owned by a governmental organi- zation or by a non-profit organization exempt from taxation by the Internal Revenue Service including lots while held by the Farmers Home Administration.--- (5) Membership in.The Association may be increased by -the area owned or under the control of The Association may be increased by the Grantors or by a majority vote of The Association, provided, however, that the Grantors shall not execute their right to increase the membership without the approv of the Farmers Home Administration. (j) The Association or any townhouse owner shall have the right to enforce all covenants, restrictions and liens impose herein against the Townhouse Subsection lots. Failure by The Association or any townhouse owner to enforce any such covenant, restriction or lien shall in no event be deemed a waiver of the right to do so thereafter. 12. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the owners of a majority of lots in.this sub- , i division shall, at least six (6) months prior to any such renewal AJONWOMI date, execute and record an agreement amending said covenants and restrictions. - 9 - f � 7L 1 r r ,IAARIf ON � JONNLiOM Af IGR.NA AT LAW •�AtAIAiIA. to RIR'A t 410 1.55 13. The Grantors reserve and shall have the right alone to waive any one or all of the restrictive covenants and conditions contained herein as to the sale or trjinaf:er of any future lot or lots except that it cannot reduce the lot size nor change the use of any lot from residential to corimercial. This waiver shall not affect the binding effect of the.covenants and conditions upon any other lots. The Grantors further reserve the right alone to impose additional restrictive covenants and restrictions as to the sale and transfer of any lot or lots owned by them and such imposition shall not affect the binding effect of these provisions upon any other lots. Nevertheless, the Grantors may not exercise any of their rights under this paragraph without the prior approval.of the Farmers Home Administration. 14. Invalidation of any one of the covenants or restrictions contained herein by judZment or Court orLder 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 Grantors herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 15. The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Fredericktowne Company or the Grantors or adjoining, adjacent to or otherwise related'in:any way to Section Two of Fredericktowne. WITNESS the following signatures and seals: THE PINES i By' r.�.�.. -s--�c-L� �,,_�(SEAQ �- ame s ow�nan , partner By FREDERICK ,DEVELOPMENT COMPANY, INC., partner rest ent 10 - Y f &'YTZSTING SEAL: ,iEL�f I1'•s�-+1:.` - •C-Sveretary 1 "z ", 'C (SEAL) George ampey Martha Suq Rampey U FREDERICKTOWNE COMPANY By ����� — ....:1..•.., •� .••'� � �� ' .,Presiddnt f �,�• 'F '.NG SEAL: dr`-Secretary� ry sting, Sole Acting ustee re r Trust y `.t�� '•. �'� OLD DOMINION SAVINGS AND LOAN �6, ASSOCIATION s 3 •� By --Z SEAL: -p-, ecretary STATE OF VIRGINIA,/ OF l ���t/tk To -wit: a Notary Public of and for the State and 4ukl&/ aforesaid, do certify that James L. Bowman, partner T/A The Pines, whose namo is signed to the foregoing writing, bearing date on the day of _,Nkia/tf kARRISOR A JOMMSTOR ATTRRRITR AT %A. 1975, has acknowledged the same before me in my State and UN •16CMIf TIR. TIRRIn1A aforesaid. THE PINES P. O. Box 598 Winchester, Virginia Office 869-1243 RESTRICTIONS TO RECORD FREDERICKTOWNE SECTION II TOWNHOUSE SUBSECTION 1. No lot shall be used except for residential purposes, except that the occupant of a dwelling house may use same for a secondary occupation provided no one other than members of the family residing in said dwelling are employed in the business and provided no signs or other displays in regard to said business are in view of the general public. 2. No signs or advertising of any nature shall be erected or maintained on any lot, except for sale or rental signs for said lot, not to exceed six (6) square feet in area. 3. No lot shall at any time be subdivided unless the resulting lots are larger than the lot subdivided. 4. No fence, hedge or other visual barrier shall be erected in the front yard of any lot; fencing of back yards may include side yards. -to a limit of one-half (�) of the depth of each dwelling. All such barriers must be kept in good repair. All chain link fences must be of the green vinyl type. 5. No owner of any lot shall interfere with the natural drainage of surface water from such lot to the detriment of any other lo't. 9 I 6. Each dwelling must be connected to a water system and to a sewer system approved by the Lord Fairfax Health District. 7. No boats, mobile homes, campers, buses, motor homes, trailers of any kind, tractors, trucks nor commercial vehicles, other than automobiles, motorcycles and pick up -trucks, shall be permitted on any lot except during the course of construction or addition to buildings unless they are housed in a carport or garage. No motor vehicle which does not have a current license plate and a current Virginia Inspection Sticker shall be permitted on any lot. 8. No animals, livestock or poultry of any kind shall be raised or kept on any lot except that dogs, cats and other household pets may be kept provided that they are not kept, bred or maintained for commercial purposes. 9. All lots, improved or unimproved, shall be kept free of undergrowth, brush, trash, and debris. Trash, garbage or other waste shall not be kept except in sanitary containers. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pick up. 10. The Townhouse Subsection Lots shall be subject to the following additional covenants, restrictions, easements and liens: (a) No building, structure, alteration, addition or improvement of any character, other than interior alterations, shall be constructed upon any lot nor any exterior painting done unless a loan of such construction, including quality of workmanship, design, colors and materials, shall have been - 2 - approved by tge Board of Directors of The -Pines Association Inc. (hereinafter referred to as The Association) as being in harmony with the whole Townhouse Subsection, especially the adjoining townhouses. (b) No roof top antennas shall be erected or per- mitted higher than ten (10) feet above the square of the building. No exterior clothesline or hanging device shall be allowed upon any lot except for an umbrella type with a diameter not exceeding seven (7) feet, provided same is located in the rear of the lots. (c) In the event a townhouse is destroyed, the owner thereof shall begin construction within a reasonable time or clear away the remaining portion of the townhouse and maintain the lot in a neat and orderly condition. If the owner fails to perform such clearance or maintenance,. The Association shall perform same and the expenses thereof shall be added to the annual assessment against the particular lot. (d) In the event a townhouse is destroyed, no structure other than a townhouse of the same dimensions and similar architecture shall be constructed in the place of the original structure. (e) The general rules of law regarding party walls and liability for property damages due to negligence or wilful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall in not of use to one of the owners. If a party wall is destroyed or - 3 - damaged by fire or other casualty, any owner who has use of the wall may restore it, and if the other owners thereafter make use of the wall, they shall contribute to the cost of the restora- tion thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the others under any rule of law regarding liability for negli- gence or for wilful acts or omissions. (f) No noxious or.offensive activities shall be carried on upon any such lot, nor shall anything be done there- on which may be or may become an annoyance or nuisance to the neighborhood. (g) Each lot owner shall have the right of ingress and egress from his lot to a State maintained road across the area marked "Common Area". Each -lot owner shall have the right to park within the area constructed for parking which lies immediatly adjacent and in front of his lot. Each lot owner shall have the right to use the area marked "Twenty Foot Easement" in_the attached plat for the purpose of ingress and egress to his lot. No structure or planting shall be placed in the "Twenty Foot Easement" which will interfere or impede the use of same for utilities or ingress and egress. (h) The Grantors reserve unto themselves and their assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment and other facilities, sewer, gas, water and television lines and related equipment and other utility equipment where.such utility lines and equipment are - 4 - now located and on, over and under that strip of land marked on the attached plat as "Twenty Foot Easement" and on, over, and under that area of land marked on the attached plat as "Common Area A", "Common Area B", and "Common Area C", the right of in- gress and egress thereto and the right to grant easements or rights of way therefor. (i) WHEREAS, the Grantors have created a non -stock corporation called The Pines Association Inc., to which the Grantors plan to convey the property described on the attached plat as Common Areas A. B, and C and the operation of which shall be subject to the following conditions: (1) Every person or entity who is a record owner of a fee or undivided fee interest in any lot in the Town- house Subsection of Section Two of Fredericktowne Subdivision 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. Membership shall be appurtenant to and may not be separated from ownership of any such lot. Ownership of such lot shall be the sole and continuing qualification for membership. (2) Each member shall have one (1) vote for each lot owned by that member in said Townhouse Subsection. If a member has less than a full interest in a lot, his vote shall be reduced accordingly. The total number of votes shall equal the total number of lots in said Subdivision. (3) Every member shall have a right and easement of enjoyment in and to the Common Areas abd such easement shall be appurtenant to and pass with the title to every - 5 - Townhouse Subsection lot, subject, however, to the conditions and restrictions placed thereon herein or by The Association. (4) The owner of each lot in said Townhouse subsection, by acceptance of a deed thereto, is deemed to covenant and agree to pay annually, beginning with 1976, to The Association, its successors or assigns, an amount, deter- mined by the Board of Directors of The Association, for the purpose of exercising the powers given The Association, herein or by an amendment hereto and of providing maintenance, in- cluding snow removal and payment of real estate taxes, repairs and improvements of and to the land owned by The Association and also that portion of those Townhouse Subsection lots where the Common Area in front of same is not sufficient to provide said lot a parking area similar to that provided the other Townhouse Subsection lots. During the month of January of each year, beginning January 1976, The Association shall notify each such lot owner in writing as to the amount of the lot assessment and the date and manner of payment of same. All assessments must be fixed at a uniform rate for all lots. 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 issuing of such certificate, which certificate shall be conclusive evidence of payment of any assessments therein stated to have been paid. Said annual assessment shall be a charge upon and running with each lot of said Townhouse Subsection. If the owner is in default in the payment of any assessment, in addition to any other means of collection, The Association may bring as action at law against the owner personally obligated to pay same and may also sell the lot involved at public auction after adver- tisement, once a week for two (2) sucessive weeks, in some convenient newspaper, having general jurisdiction in this County, and after ten (10) days written notice mailed to the last known address of said owner. Costs of sale shall be paid from proceeds of sale before payment of amount in default. This lien is expressly made inferior and subordinate to any deed of trust now or hereafter encumbering any lot, unless notice to the contrary is placed of record prior to the recordation of a deed of trust. In exchange for the Grantors' agreement to maintain said Common Areas until December 31, 1975, the Grantors shall be exempt from payment of said annual assessment. In addition, the following property shall be exempt from the assessments created herein and shall not be subject to said li.en: (a) Areas owned by The Association. (b) Areas owned by a governmental organization or by a non-profit organization exempt from taxation by the Internal Revenue Service including lots while held by the Farmers Home Administration. (5) Membership -in The Association may be increased by the area owned or under the control of The Association may be increased by the Grantors or by a majority vote of The - 7 - Association, provided, however that the Grantors shall not execute their right to increase the membership without the approval of the Farmers Home Administration. (j) The Association or any townhouse owner shall have the right to enforce all covenants, restrictions and liens imposed herein against the Townhouse Subsection lots. Failure by The Association or any townhouse owner to enforce any such covenant, restriction or lien shall in no event be deemed a waiver of the right to do so thereafter. 11. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive the (10) Year periods -unless the owners of a majority of the lots in this subdivision shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 12. The Grantors reserve and shall have the right alone to waive any one or all of the restrictive covenants and con- ditions contained 'herein as to the sale or transfer of any future lot or lots except that it cannot reduce the lot size nor change the use of any lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other lots. The Grantors further re- serve the right alone to impose additional restrictive covenants and restrictions as to the sale and transfer of any lot or lots owned by them and such imposition shall not affect the binding effect of these provisions upon any other lots. Nevertheless, - 8 - the Grantors may not exercise any of their rights under this paragraph without the prior approval of the Farmers Home Administration. 13.. Invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in no wise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Grantors herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 14. The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Fredericktowne Company or the Grantors or adjoining, adjacent to or otherwise related in any way to Section Two of Fredericktowne. - 9 - 3- `P�_,,._ p public or semipublic building such as a school church library or hospital may be erected to a height of sixty (60) feet from grade provided that required front side, and rear yards shall be increased one (1) foot for each foot in height over thirty-five (35) feet. j 6-5-3. Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerials are exempt. Parapet walls may be up to four (4) feet above the height of the building on which the roof rests. 6-5-4• No accessory building which is be more than one (1)story high. All accessoryfeet buildingsyshallybeolessnthanall the main building in height. 6-6. SPECIAL PROVISIONS FOR CORNER LOTS 6-6-1. Of the two sides of a corner lot the front shall be deemed to be the shortest to the two sides fronting on streets. 6-6-2. The side yard on the side facing the side street shall be thirty-five (35) feet or more for both main and accessory building. 6-6-3. For subdivision platted after the enactment of this ordinance, each corner lot shall have a minimum width at the setback line of one hundred (100) feet. 6-7. SPECIAL PROVISIONS FOR TOWNHOUSE R-3 { 6-7-1. Townhouses shall be subject to the following regulations which shall be controlling in all cases where they are in conflict with or different from other regulations in this ordinance and in all cases of variance or conflict with the Frederick County ; Subdivision Regulations. 6-8. HEIGHT REGULATIONS 6-8-1. Buildings may be erected up to thirty-five (35) feet in height from the average { level of the ground adjacent to the front exterior wall. a i 6-9. AREA REGULATIONS 6-9-1. The minimum lot area for any townhouse shall be 1,600 square feet. The maximum number of lots per gross acre of the development shall not exceed ten (10) lots per acre. 6-10. YARD REGULATIONS 6-10-1. Side - Each main building group shall have side yards of twenty (20) feet when adjoining single family detached residence districts. In no case shall a side yard of less than ten (10) feet in width be provided for each end residence in the group of townhouses. 6-10-2. Rear - Each dwelling shall have a rear yard of twenty (20) feet. 6-11. SETBACK REGULATIONS 6-11-1. No structure shall be located between the setback line and the street, road or highway center line. i 6-11-2. The setback line shall be sixty-fivE—(65) feet or more from, and parallel or concentric to, any highway, street or road center line. I 6-12. WIDTH REGULATIONS 6-12-1. The minimum lot width at the setback line shall be eighteen (18) feet. 6-12-2. In case of a corner lot of the ends of groups of townhouses, the minimum width at the setback line shall be thirty (30) feet. 6-13. SPECIAL REGULATIONS 6-13-1. No more than eight (8) townhouses shall be included in any townhouse grouping. i 6-13-2. Attached dwellings shall be separated by a noncombustible party wall to the roof i line, with a fire resistance of not less than two (2) hours duration. 6-13-3. Each townhouse shall front on a dedicated public street or a thirty-four (34) foot minimum width access easement. 1 6-13-4. The facades of dwelling units in a townhouse development shall be varied by 1 changing front yards by not less than two (2) feet and varying materials or design, so that no more than four (4)_ adjacent dwelling units will have the same front yard depth or -the same or essentially the same architectural treatment of facades and roof lines. ! 6-13-5. Common areas shall be maintained by and be the sole responsibility of the 1 developer -owner of the townhouse development until such developer -owner conveys such common area to a non-profit corporate owner whose members shall be all of the individual owners of the townhouses in the townhouse development. Said land y shall be conveyed to and be held by said non-profit corporate owner solely for j recreational and parking purposes of the owners of the individual townhouse i lots in the development. In the event of such conveyance by the developer -owner to a non-profit corporate owner, deed restrictions and covenants, shall provide, among other things, that any assessments, charges for cost of maintenance of such j common areas shall constitute a pro -rate lien upon the individual townhouse lots. i a i -nx-AI:4 4f— eo.,—d r �cOE. c.� To i.ric/E SEC 7' SO. 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