HomeMy WebLinkAboutTudor Square-Section I - BackfileCOUNTY of FREDERICK
Departments of Planning and Building
703/655-5650
December 1, 1986
Michael L. Bryan, Attorney
McKee and Butler
P.O. Drawer 2097
Winchester, Virginia 22601
RE: Tudor Square, Section 1 (Your File #5710
t�6
Dear Mr. an:
This letter is to confirm that the Frederick County Planning Commission and the
Frederick County Board of Supervisors have approved Section 1 of Tudor Square,
however, it remains pending in our administrative files unitl we receive a letter
of credit or bond and revision of the entrance requirements as per Virginia
Department of Highways and Transportation.
Please do not hesitate to call this office if you have any questions regarding
this matter.
Sincerely,
St en M. Gyurisin
Deputy Director
RWW/rsa
4 Cn,irt QmiarP - P.O. Box 601 - Winchester, Virginia - 22601
REV. 2.0
TO:
G.W.CLIFFORD & ASSOCIATES, INC.
20 S.CAMERON ST.
PO BOX 2104
W I NCHESTER, VI RGI NIA 22601
703-667-2139
Winchester. Viroinia I
22601
LETTER OF TRANSMITTAL
PRESENT DATE JOB no.
September 23,1986
ATTENTION Mr. Steve 6yurisin
RE: Tudor Square
VE ARE SENDING YOU a UNDER NG ATTACHED ER SEPARATE VIA THE FOLLOVITEMS
SHOP DRAWINGS
CHANGE ORDER
SAMPLES
F-1 SPECIFICATIONS
COPY OF LETTER
FX1PRINTS
PLANTS
OTHER
DATE DESCRIPTION
1 COPIES9/23/86 Droposed road chance
ARE TRANSMITTED
APPROVAL
®
FOR YOUR USE
AS REQUESTED
FOR REVEV
p
FOR BIDS DUE
APPROVED/SUBMITTED
APPROVED/NOTED
RETURN/CORIECTIONIS
19
RESUBMIT FOR APPROVAL
SUBMIT FOR DISTRINITION
RETURNED CORRECTED PRINTS
LOAN PRNT/RETIM
A problem has arisen with the Highway Department relating to the entrance, ie: deletion
of cul-de-sac.
One solution is dedication of entrance road as shown.
Would your office take any exception to the dedication of this roadway?
COPY TO:
Bill Bushman
Mike Bryan
SIGNED
Charles E. Maddox.Jr..P.E.
Vice President
COUNTY of FREDERICK
Departments of Planning and Building
MEMORANDUM 703/655-5650
Highway Department
, ATTN:
Mr.
William H. Bushman
Sanitation Authority
, ATTN:
Mr.
Wellington Jones
Gainesboro Fire Company
, ATTN:
Mr.
Larry Light
ATTN:
Planning Department
, ATTN:
Mr.
Robert W. Watkins
Zoning Department
, ATTN:
Mr.
Stephen M. Gyurisin
FROM: Robert W. Watkins, Director
DATE:
June 30, 1986
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
X Subdivision Rezoning
We are reviewing the enclosed request by Tudor Square ,
or their representative, Charles W. Maddox 667-2139
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
would not be asked to be added to the SecondarySyst
July 2, 1986.
.attached letter dated
Signature Dates
t
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601.
•-+mT���+.xwi ,. ',Y"" r,• s"� a ,
,,. :: �". rN. W�+�+zf�k(ft��"'�..
COUNTY of FREDERrICK#
_
0.
Departments of Planning and Building .
MEMORANDUM
703/65575650
wow
:
Highway► Department
, ATTN: Mr. Williams R. Bushman
Sanitation Authority
ATTN: Mr. Wellington Jones
},
,
z <`
Gainesboro Fire Company
, ATTN: Mr. Lititry: Light
ATTN:
1
Planning Department
, AM: Mr. Robert We Watkins
T,
Zoning Department
ATTN: Mr. Stephen M. Gyurisin
FROM: Robert W. Watkins,
Director DATE: Junes 1986
SUBJECT: Review Comments
On: Conditional Use Permit Site Plan ,.
_R Subdivision Rezoning,,
<
We are reviewing the enclosed request by Tudor Square
ror
7 1
their representative,;
Charles We Maddox 667-2139 y
'
Will you ;please review the attached and return your comments to me as soon as
fke,
Poo s{1.r�
rzs
4
j
,THIS SPACE SHOULD BE USED
FOR REVIEW COMMENTS:
: r '
,' Ap' &oyed 'for, water and sewer lines. -
Si gnature�
Date
rrrr.
� {r
`
` '
¢ S � *1: N
� ��/ ���
F f
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9 Court Square .: P.O.
Box 001 t Winehe er, .Virginia ,Aa2601 x:
�.
.,
0111,
,,�VOUNTY of FREDERICK
of Planning and Building
MEMORAND-U-M
Highway Department "-ATTN: Mr. William H. Bushman
Sanitation Authority , ATTN: Mr. Wellington Jones
-ATTN
ATTN:
Planning Department , ATTN: Mr. Robert W. Watkins
Zoning Department , ATTN: Mr. Stephen M. Gyurisin
FROM: Robert W. Watkins, Director DATE: f- ut. u6t
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
X Subdivision Rezoning
703/655-5650
We are reviewing the enclosed request by Tudor Square ,
or their representative, Charles W. Maddox 667-2139
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
Approved for water and sewer facilities.
Signature Q Date
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
COUNTY of FREDERICK
Departments of Planning and Building
M E M O R A N D U M
Highway Department , ATTN: Mr. William H. Bushman
Sanitation Authority , ATTN: Mr. Wellington Jones
Gainesboro Fire Company , ATTN: Mr. Larry Light
, ATTN:
Planning Department , ATTN: Mr. Robert W. Watkins
703/655-5650
Zoning Department , ATTN: Mr. Stephen M. Gyurisin
5er+--io �1ic�huua d-Sani-��ior�
FROM: Robert W. Watkins, Director DATE: June 30, 1986 piwn V^j•5,6b. 1LsA.
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
X Subdivision Rezoning
We are reviewing the enclosed request by Tudor Square ,
or their representative, Charles W. Maddox 667-2139
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
Signature
Date
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
FJNAL PLAT
Tudor . Square e on I
9
GAIRESSORO DISTRICT'
FREDERICK COUNTY, VIRGINIA
4
1. A
WWI. m
APPR VE
PM. OD. &I Date
PLANNING GO ON Date
1(j It Aji 3 Iq
Date -2-
VA. WT. W ffit3HWAvp Date vNia-81
OWNER'S'_ CERTIFICATE
The above and ;mWp* subdivision of the lanai .of North Frederick Realty ti
as appears -in .the npanyA4 plats, is with the cm-amt and in acardance;
'v4th d d owners and trusteed If any.
All pmperty'awners In Tudw ftiqm we required to belong to the Tudor
SQUM ftni'Owners Amciatimi. The AmcIatim is - the owner of all 'areas
dwm a3 Parking Areas, Tu4w Drive and Open Space on the attached plat and, );v;
Is re*misWe' for the n-AWntename of Umm areas. M property owners Mt=t
pay an annudl apt to pay for this maintenance. This fee and all,othw.
rules of tt*A=ciatiM We set faith in the Restrictions and CaVWMtS attached j
hereto. A -cpy of the Final Uhstir DrvekWmt Plan for Tudor Square is on Me
at the Frederick Cotmty
Departri,=t .of Planning, andDr
SURVEYOR'S CERTIFICATE
I hereby certify that the land contained In this subdivision Is. a
f)oSeptember.
of'the I land conveyed to North Frederick Realiy�.by'deed
da5. 1985, - said deed recorded in the Office of the Clerk
of the Circuit Court of Frederick 'County, Virginia irl Deed Book 603 at
t page 277.
P. Duane Brown, C.
6 11,COVER,SHEET
V. :DATE:_ JUNE 16,198
BROWN
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N/F NOTE:
WESTMIUtTER CANTERBURY MINIMUM FRONT SETBACK z20`
OF WINCHESTER
P'J" 7
Sqa&e sl�ctio
P. DUANE MATE': UN' LE: 1"=1 4d J E 46.1986 4CA
REVISEDs DECEMBER,10 19166
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• ~ , AWACE • EASEMENT \ '
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PERMANENT
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N/F '5�3�20r y OR -
WESTMINSTER CANTERBURY 2
OF WINCHESTER
NOTE: MINIMUM FRONT SETBACK- 20' .
Tudor SqaaFe - .:5ectl6.n1
DATE: J U N E 16, 1`986 SCALE I"= 4d
V� li REVISED+ DECEMBER 10,1986
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FREDERICK MALL DRIVE
NOTE,
MINIMUM FRONT SET -BACK = 20'
WIN=
T �; J` _
.,Tudbr Square - - Section
DATE, DUNE 16,1989 SCALE I"a 46
Bowll REVISEDV DECEMBER 10, 19"
'SHEET,
gilbe" W ine.
4
OF
6
1964-ow wavar
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22 O -
AREA SUMMARY
'� �• Area in Lots 1.8752 Acres
Area in Parking b Tudor Drive 1.1203 Acres
�1.. Area in Opent Space 1:6109 Acres'
Total Area Subdivided 4.6064 Acres
No. of Lots 42 '
Average Lot Size 1.945 Sq. Ft.
CURVE TABLE
NO. AJ' RADIUS ARC ?AN. CHORD CHORDBEARING_ . ... �,.
1. 84'59'38' 136.00'' ' 201.•75' 124.61' 183.,75' S61'04'41'E
2. 61'15'28" 32:00' 34.21' 18.95' 32.61' S49412'36'E"
3. 71'59'34' 50.00' 62.83' 36.32' 58.77' S50o39'51-E
C 83.50'48' 50.00' 73.17' 44.90' • 66.81' S27.15'20'W
5. ...03'21t22' 37.50' 2.20' 1:10' 2.20' N39613'06'W
6. 4r44'02' 19. 00' 14.17' 7.43' 1.3.84' N19631'46'W .. .... ,: _ .
......... .
Tudor Sqziare
P. DUANE 6, 'DATE:' JUNE 16,1966 I SCALE: 1"= 4d i
BROWN., Do REVISED+ DECEMBER 10,1996 ,
NO. 1285 Eilbort .� clot We, SHEET
' s-uwo OF
Fp 5
LAND
u
.4.6
7A
FINAL PLAT
Tudor „�quwe. - Swc&on 1
GAINESBORO DISTRICT
FREDERICK COUNTY, VIRGINIA
NOW
son
r •!
:. '1'i�~-" t\�. �l. :`, ( r►'`°�_�,QISa M ALE'":_I+r2 UOQ. I
APPR V D
Pmm
CO.SANMnHOIX AUTH Date
PLANNINQ Date
SUBDIVIS10x Ann ►sow. Hate -7-
Va. DM. of �uc�wA - � Date
OWNERS CERTIFICATE
The above and forte subdivision of the lan¢..of North Frederick Realty. ;
�as appears ir} ahe amotnp= ng plats, is with the conceit. and in a000rdance„
with, prietars and trusteeA if any.
AD property owners in T1r w Square are 'required .to bdmig to the Ttidar
Square Horne Owners Association. The Association is - the owner of all areas
,..,shown as Parking Areas, 7Ww Drive and Open Space an the attached plat and
is regxrAs a four the maintenance of those areas. All property owners must
pay an annual rat to pay for' -this maintenance. This fee and aU other.
rules of the Association are set forth in the Restrict s and Covenants attached
hereto. 'A ropy of the Final Master Developlrinent Plan for Tudor Square is on file,
at the ft e i k County Department of Punning and Development.
SURVEYORS CERTIFICATE
s I hereby certify that the land contained in this subdivision is . a
portion of ' the land conveyed to North Frederick Realty by ''deed' -
dated September 5, 1985, said creed recorded in the' Office' of the Clerk
" oftheCircuit Court of Frederick 'County, Virginia iri Deed Book 603 at
page 277. J ,
a.
P. Duane Brown, C.L.S.
P. DUMM -DATE-:- JUNE 16119.86 COVER SHEET
BRO
0. M14W, t' EC MBER 1001986
• No. ! SHEET;
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N/F NOTE:
MINIMUM FRONT SETBACK WESTKINSTEIR CANTERBURY. K=2
OF WINCHESTER
Squ,�,re Section
F" --ua7
A4 7 z or
P. DUANE UATE'. 'JUNE' 16.1986 ;l: SCALE: 1"=1140e
REVISEDI-OECEMBEA 10, 1986
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F FOfRICk �:�: • • ,
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N/F .. S,O3o2Or � OR P
WESTMINSTER CANTERBURY
OF WINCHESTER '
NOTE: MINIMUM FRONT SETBACK- 20'
..
"wor Square - Section 4
P. s1iUA1�tF DATE: J U N E 16,1986 SCALE: I"= 4d
O ^Iwo�w
... .. .
REVISED, DECEMgER 10,1986
riilbort w inc- SHEET
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N /3°34'30 W 269. 69' N %5°46'00" 134.53`
1.4 15 16 17 18 19 20 2
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H 30.06 20.00 " " ° 20.00', 30.00''
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+ t+
10 SEWER ESM'T J I P i ACCESS TLJTY ESM'T(TY.
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' 10 SEWER ESM'T • 'e..
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TUDOR DRIVE
r'y,r•
DRAINAGE EASEMENT
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FREDERICK MALL DRIVE
NOTE,•.
MINIMUM FRONT SETBACK = 20'
�T Tudog Sqacvro. Secti'"' 1
�' P. OUANE OATE'II JUNE 16.198¢ SCALE = 1 = 40
VBROWN REVISED,'DECEMBER A 1986
Im u85 �iibst wC dirt �: 9kM%
OF '
t0 hV
iw°+ Wntk ""won
w a+ s�""�'
N/F
WN N/F Z .
I O REAR C•0. &TO. CATLETT
N /5046'00'W
PTECTION ESMT
W
' jE•1 Z a
N/3°. VVH,,4.52.6 c
DRAINAGE W
EASEMENT
PARKING AREA �f
WATER ESM'
oil
;6-10' PUBLIC ACCESS 8 UTILITY ESMT (TYP) ;
OPEN W 2
w
SPACE >
i
AREA SUMMARY
Area in. Lots 1.8752 A
cres ...
Area ini Parking b Tudor Drive 1.1203 Acres
«.' Area izi Oped' Space 1:6109 Acres
,» • Total Area Subdivided 4.6064 Acres
No. of Lots 42
Average Lot Size 1.945,-Sq. Ft. �.:
y r
CURVE TABLE
NO. A RADIUS ARC TAN. CHORD CHORD REARING,
1. 84*59*330 136.00' 201.75` 124.61' 183.75" SW04'41"E
2. 61'15'28' 32:00' 34.21' 18.95, 32.61' S49'12'36'E"
3. 71*59*340 56.00' 62.83' 36.32' 58.77' S50'39'510E
4. 83'50'48' 50.00, 73.17' 44.90' 66.81' S27'15'20'W
5....03.21t22' 37.50' . • 2.20' 1A0' 2.20' N39'13'06-W
6. 4r44'02' 19.00' 14.17' 7.43' 13.84' N19'31'46'W
op Tudor S ware - ,S,ect�or� 1
DUANE 6' ' DATEf "JUNE 16,1986 i SCALE: 1"a 4d
PPIOW* ,1��...N, .�.� REVISED• DECEMBER 1%1986 J.
00.1285 a cite Jlsic. SHEET
1 5
' E*iowun�- o OF
5
Lt o
i
,w0
FINAL PLAT
Tudor Squa reecion 1
GAINESBORO DISTRIC1•
FREDERICK COUNTY, VIR61NIA A' "
tip
J
FR
�• f'�p�R1 ' EDEB co
NO—
Aip
V.
„�• .: .? o:� \�. ��_ ;tl v+m`:� L.P �0 • ALE: ,.I't 2• 604 , u
APPR V D B
FILED. 00. SANITATION AUTH. Date
5' PLANNINt3 (70MMLg3ION Date 3 r Z —� ;
SUBDIVISION ADiMII�IL'3TRA Date
77
VA. DEFT. W EffMWAYS Date
OWNER'S CERTIFICATEY ,
M e above and idyre&dr4 mAxt i m of the land .of North Frederick Realty
•'8g appears iil . vLPf.npnyjM p�^ is. Wl1ii the=i:i'jt. 3L1r:.�:..• .,1...w
the the red Qwnemproprietors and trustees, if any.
" Y All pOperty`owne. s in Tudor Square are regpired t0 bdorig to the Tudor
Square H ne Owners Assodatim. The Amodabon is the owner of all areas
.,,.dvvn as Parkitlg Areas, Tudor Drive and Open Space an the attached plat and
Is re%=zNe "tor the maintarlatlo2, of those areas. All property owners must,
pay an annual aft to pay for this maintenance. This fee and all other
rules of the Amodaton are set forth in the Restrictions and Covenants attached.
hereto. A -opy of the Final Master Developr mt Plan for Tudor Square is on, file
at the Frederick County Department of Planning and Drvvb prnent,
Y,
SURVEYOR'S CERTIFICATE
I hereby certify that the land contained in this subdivision is. a
portion of • the land conveyed to North Frederick Realty by • deed
dated September 5, 1985, said deed recorded in the Office of the Clerk
" of the Circuit Court of Frederick County, Virginia in Deed Book 603 at
4 page 277.
P. Duane Brown, C.L.S. '
DUff DATE: JUN.E 1611986 COVER SHEETWN
REVIUD� AECEMBER 10,1986
N0. A S14EET:
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30 p0 S 01 5
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N/F NOTE ---- ._..
WESTMINSTER CANTERBURYMINIMUM 'FRONT SETBACK = 20'
OF WINCHESTER
Tudor * Sqa&e.-'SeCtib12- 1
r P. DUANE �' DATE: JUNE 16,1986 SCALE: I"= 4d
` BROWN
�p �-,Q......+► REVISED, DECEMBER 1,1986 ;
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O z Z
0.00� 20.00� 20.00� 30.Od
S 13034'30° E—160.00' -- — — IO'PUBLIC ACCESS S'
PARKING_ AgEA UTILITY ESM(TYR)'
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AINAGE EASEMENT '— Id WATER ESM`T
N 13034130° W160.Od _
30.60' 20.Od N N 20,Od
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SEWER ESJWT
OPEN SPACE
TUDOR DRJVE:,00000000
FRE �• 2 4 ,...
OFR/CK
N/F
WESTMINSTER CANTERBURY
Of WINCHESTER. ,
¢85/2r
NOTE: MINIMUM FRONT SETBACK- 20'
Tudar SqaaFe - �Sectlon 1
= p<s DATE: JUNE�16,1986 ' SCALE: I 4d
REVISED] DECEMBER 10,1986
Rilbors w Inc.
Of
uWD ENOWNEAsummoni DPLAM s 5
LR+N=YNVC -
EASEMENT
PERMANENT
TURN-AROIINWP..
E9SEMEW
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WINIFRED dREAR N/F
C. D. Sk T. B. CATLETT
15' BUFFER PROTECTION ESmr
N 43-034'30"W--- 26969' -N 15-046'00 wl.-134.
6770
i 4 15 rl 6, 1. 17 18 .019 -020 21
W 20- 0
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to CD
0 cu id 2550 0 1700 0 17000 12700 17010 1712 25960 DRAINAGE
0 co 0 EASEMENT
40
z
0 1 [1*4
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0
30.00` 12 120.00' 30.00.-.-*-----*
S 1303430" E,160.00'
SEWER ESM'T
PARKING AREA 10I WATER ESMLr
N 13034'30' W116o.od
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2
518034
FREDERICK MALL DRIVE
NOTE,
MINIMUM. FRONT SET-BACK:t 20
Tudor Sqzzcv��.- - S'ectian
uwm DATEIIANE 16.198§ SCALE: 1"a 46
D BROWN REVISEDs'DECEMBER 141986
Lne. '.SHEET,,
4
OF
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N/F ZWO4REAR C.O.IkT.B. CATLETT
N 15°46'00„w _l.-.o
15' PROTECTION ESMT
-- DRAINAGE W :J
EASEMENTNZ m
g
a
PARKING AREA f
10' WATER ESM'• h "�
;p—Id PUBLIC ACCESS a UTILITY EsAtr (TYP.) W
OPEN W Z
SPACE
AREA SUMMARY __---
t ;
Area in Lots 1.8752 Acres
Area in Parking 3 Tudor Drive 1.1203 Acres
,•,. Area is Opeld Space i:6109 Acres
Tgtal Area Subdivided 4.6064 'Acres `
no. of Lots 42
• Average Lot Size 1.945 Sq. Ft.
CURVE TABLE
NO. 0 RADIUS ARC TAN. CHORD CHORD BEARING
r • 1. 84*591380 136.00' 201.75' 124.61' 183.75, S61'04.41'E
2. 61'15'28' 32:00' 34.21' 18.95' 32.61' S49'12'36'E"
3. 71*59*340 56.00' 62.83' 36.32' 58.77' S50'39'51'E
C M0'48' 50.00' 73.17' 44.90' 66.81' S27.15'20'W
5.....03.21t22" 37.50' _ T.20' 1:10' 2.20' N39.13'06'W
6. 4r44'02" 19.00' 14.17' 7.43' 13.84' N19.31'46-W _.
LTHop� Tudor SqzmFe - Secoon J
P. QUANE G'r 'DATE: . JUNE 16,1966 SCALE= I"; 40�
Q �; ye ORO6.,' 'y REVISED: DECEMBER 10,1986 ,
00' 1285 `tlbore dut .tea . SHEET
5
OF
0! • — ; ZtaC Olds °"�r.�.. 5 PON «�•1fI�
•' '� . .
_s
1
.V- -)RIM
MAP WMI
�w * -,Qe,
T i
S F P FTL:6
RECEIVED
�r DEPT. OF Plllf MbW
cn AND 6UILDINA
O.W.CLIFFORD & ASSOCIATEAC.
20 S.CAMERON ST.
PO BOX 2104
WINCHESTER, VIROINIA 22601
703-667-2139
TO: V.D.H.&T.
Box 278
Edinburg, Virgini
22824
LETTER OF TRAMMITTAL
PRESENT DATE JOB NO -
October 6,1986
ATTENTION Mr. Bill Bushman
RE: Tucinr Snuare
WE ARE SENDING YOU � ATTACHED UNDER SEPARATE VIA
U SHOP DRAWINGS CHANGE ORDER SAMPLES
COPY OF LETTER FX PRINTS F-1 PLANS
COPIES I DATE DESCRIPTION
1 I I0/3/86 Revised turnaround
THE FOLLOWING ITEMS
17 SPECIFICATIONS
F-1 OTHER
1-1 ARE TRANSMITTED
APPROVED/SUBMITTED
RESUBMIT FOR APPROVAL
APPROVAL
F I
APPROVED/NOTED ❑
SUBMIT FOR DIST
X FOR YOUR USE
RETURN/CORRECTIONS
RETURNED C ED PRINTS
AS REQUESTED
El
LOAN PRINT/RE
FOR REVIEW
FOR BIDS DUE
19
1T ���
REMARKS
j j�
COPY TO: Mike Bryan w/enclosures SIGNED Charles E. Maddox Jr. P.E. _
Steve Gyurisin w/enclosures Vice President _
REV. 2.0
THIS DEED OF DEDICATION, made and dated this 1st day
of March, 1987, by and between NORTH FREDERICK REALTY, a
Virginia Partnership, party of the first part, hereinafter
called the DECLARANT, whether one or more, and COUNTY OF
FREDERICK, VIRGINIA, party of the second part, and B. J.
TISINGER, Trustee, party of the third part, and DOMINION BANK
OF SHENANDOAH VALLEY, NATIONAL ASSOCIATION, Beneficiary, party
of the fourth 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 June 16, 1986, known as Tudor Square,
Section One, which property is further described on the Final
Master Development Plan of Tudor Square 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 5, 1985, from Richard G. Hardison, et
al, Trustees of The Landye Trust, of record in the Office of
the Clerk of the Circuit Court of Frederick County, Virginia,
in Deed Book 603 at Page 277; arid,
WHEREAS, the property is subject to a Deed of Trust,
dated December 26, 1986, of record in the aforesaid Clerk's
Office in Deed Book 635 at Page 248, to secure Dominion Bank
of Shenandoah Valley, National Association a certain indebted-
ness described therein; and,
WHEREAS, said real estate, as shown on the aforesaid
attached plat, has been subdivided into lots for the construc-
tion of townhouses thereon, 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 certain surrounding lands in said Subdivision to be used
as common open space, parking areas, drainage easement, buffer
protection easement, water and sewer easement, and utility
easement and public access easement to said lots, all of which
shall constitute a portion of that development known as Tudor
Square, Section One, and which common open space and parking
areas shall be owned and maintained by the Tudor Square Home-
owners Association upon the terms and conditions set forth
hereinafter; and,
WHEREAS, the DECLARANT now desires to subdivide the
same into lots to be known as Tudor Square, Section One. 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,
Trustee and Beneficiary, 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 as Tudor
Square, Section One, lying and being situate in Gainesboro
Magisterial District, Frederick County, Virginia, and being
more particularly described by the aforesaid plat of P. Duane
Brown, C.L.S., dated June 16, 1986, attached hereto and made a
part hereof and by this reference incorporated herein as if
set out in full, and which plat is drawn in conformity with
the final master development plan for Tudor Square, Section
2
One on file in the Office of the Frederick County Department
of Planning and Development. This is a portion of the same
real estate conveyed to North Frederick Realty, a Virginia
Partnership, said deed of record in the aforesaid Clerk's
Office in Deed Book 603 at Page 277.
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
Tudor Square Homeowners Association, Inc., a non stock
Virginia Corporation, its successors and assigns.
Section 2. "Common Areas" shall mean and refer to
that certain real property hereinabove described as common
open space and parking areas, 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 Tudor Square, Section One,
with the exception of the common areas space and parking
areas.
Section 4. "Member" shall mean and refer to every
person or entity who holds membership in the Association.
3
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 part of the Tudor
Square, Section One, as shown on the attached plat, including
contract sellers, but excluding those having such interest
merely as security for the performance of an obligation.
Section 6. "Declarant" shall mean and refer to North
Frederick Realty, a Virginia Partnership, 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. Only one membership shall be accorded 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. Ownership of such Lot shall.be the sole
qualification for membership.
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
4
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 con-
veyance of the first Lot in Tudor Square, Section One;
thereafter, the Board of Directors shall be elected by the
Membership as determined in the Bylaws of the Association.
TREASURER
The Treasurer of the Association shall be bonded,
with the expense of such a fidelity bond for said officer to
be borne by the Association.
A R T I C L E I V
PROPERTY RIGHTS IN COV1MON PROPERTIES
Section 1. Members' Easements of Enjoyment: Every
Member shall have a right and easement of enjoyment in and to
the "Common Areas", specifically including but not limited to
the rights of ingress and egress across the aforesaid "Common
Areas" 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 "Common
Areas" and in aid thereof to mortgage
said property and the rights of such
mortgagee in said "Common Areas" shall
be subordinate to the rights of the
Homeowners hereunder.
A
(b) The rights of the Association to
suspend the voting rights and the right
to the use of the "Common Areas" by a
Member for any period during which any
assessment 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
"Common Areas" 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 "Common Areas" to the members of his family, his tenants,
or contract purchasers who reside on the property.
Section 3. Title to the "Common Areas": The
Declarant hereby covenants for its heirs and assigns, that
North Frederick Realty, a Virginia Partnership, will convey
fee simple title to the common open space and parking areas,
(referred to hereinabove as the "Common Areas") to the Asso-
ciation, 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, hereby covenants, and each Owner of any Lot by accep-
tance 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
0
assessments or charges, and (2) special assessments for
capital improvements, such assessments to be fixed, estab-
lished, and collected from time to time as hereinafter pro-
vided. The annual assessments and special assessments,
together, with such interest thereon and costs of collection
thereof, as hereinafter provided, shall be a charge on the
land and shall be a continuing lien upon the property against
which each such assessment is made. Each such assessment,
together with such interest, costs and reasonable attorney's
fee, shall also be the personal obligation of the person who
was the Owner of such property at the time when the assessment
fee was due. The personal obligation shall not pass to his
successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments: The assessments
levied by the Association shall be used exclusively for the
purpose of promoting the recreation, health, safety and wel-
fare of the residents in the "Common Areas" and, in partic-
ular, for the improvement and maintenance of the "Common
Areas", payment of real estate taxes, repairs, snow removal,
storm drainage repair, lighting for "Common Areas" and
services and facilities devoted to this purpose and related to
the use of and enjoyment of the "Common Areas".
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 $100.00 per year per Lot;
(a) From and after January 1 of the year
immediately following the conveyance
of the first Lot to an Owner, the maxi-
mum annual assessment per Lot may be
increased above that set forth herein -
above by a vote of the Members for the
next succeeding year and at the end of
7
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 "Common Areas", includ-
ing the necessary fixtures and personal property related
thereto, provided that any such assessment shall have the
assent of two-thirds (2/3) of the votes of Members who are
voting in person or by proxy at a meeting duly called for this
purpose, written notice of which shall be sent to all Members
not less than thirty (30) days nor more than sixty (60) days
in advance of the meeting, setting forth the purpose of the
meeting.
N.
Section 5. Uniform Rate of Assessment: Both annual
and special assessments must be fixed at a uniform rate for
all Lots, and may be collected on a monthly basis.
Section 6. Quorum for any Action Authority Under
Sections 3 and 4: At the first meeting called, as provided in
Sections 3 and 4 hereof, the presence at the meeting of
Members or of proxies entitled to cast sixty-seven percent
(670) 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 first lot to an Owner. 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 established 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
9
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 (120) 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
"Common Areas" or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages:
The lien of the assessments provided for herein shall be sub-
ordinated to the lien of any mortgage or mortgages now or
hereafter encumbering any Lot. Sale or transfer of any Lot
shall not affect the assessment lien. However, the sale or
transfer of any Lot which is subject to any mortgage, pursuant
to a decree of foreclosure thereof, shall extinguish the lien
of such assessments as to payments thereof which become due
prior to such sale or transfer. No sale or transfers shall
relieve such Lot from liability for any assessments thereafter
becoming due from the lien thereof.
Section 10. Exempt Property: The following property
subject to this Declaration shall be exempt from the assess-
ments created herein; (a) the "Common Areas"; (b) all prop-
10
erties dedicated to and accepted by a local public authority;
and (c) all properties owned by a charitable or nonprofit
organization exempt from taxation by the laws of the State of
Virginia. However, no residence occupied as a dwelling shall
be exempt from these assessments.
Section 11. Failure to Maintain "Common Areas": In
the event that the Association, or its successors, shall fail
to maintain the "Common Areas" in reasonable order and condi-
tion, the County of Frederick may take such action as
authorized by the Frederick County Zoning Ordinance. The
Frederick County Zoning Ordinance is by this reference made a
part hereof as if set out in full.
A R T I C L E V I
USE, RESTRICTIONS AND COVENANTS
This Subdivision shall be subject to the following
restrictions which are constituted covenants real to run with
the land:
1. All Lots shall be used for single
family residential purposes only.
No garage nor carport shall be per-
mitted on any Lot.
2. No profession or home occupation
shall be conducted in or on any part
of a Lot; provided, however, that
DECLARANT reserves the right to use
one or more of said Lots for business
purposes in connection with the
development, sales and operation of
said townhouse subdivision.
3. No signs or advertising of any nature
shall be erected or maintained on any
Lot except for sale or rental signs
for said Lot not to exceed five (5)
square feet in area, or signs used by
a builder to advertise the property
during construction and sale.
4. No exterior antennas, satellite dishes
or similar devise shall be permitted
on any Lot.
11
5. No boats, mobile homes, motor homes,
campers, buses, trailers of any type,
tractors, trucks or other motor vehicles
(other than automobiles, motorcycles,
pickup trucks, and 3/4 ton (or less)
vans) shall be permitted on any Lot
except during the course of construction.
No motor vehicle or material portion
thereof which does not have a current
license and current Virginia inspection
sticker shall be permitted on any Lot.
Ownership of each Lot shall entitle the
Owner thereof to the use of not more
than two (2) vehicular parking spaces
which shall be as near and convenient
to said Lot as reasonably possible,
together with the right of ingress and
egress upon said Parking Area. No
vehicles shall be parked in an area
other than the Parking Area designated
on the attached plat.
6. No animals of any kind (including live-
stock, poultry or birds) shall be per-
mitted on any Lot, except that dogs,
cats and other usual household pets may
be kept, provided they are not kept,
bred or maintained for commercial or
charitable purposes or in unusual
numbers; and further provided that no
dogs shall be permitted to run at large
in said Subdivision.
7. No fence or hedge shall be constructed
or planted in the front nor along the
side of any residence, nor within
twenty-five (25) feet of any roadway
or street. Rear fencing and hedges
shall not exceed four (4) feet in
height. All fencing shall be of wood
or brick construction.
8. No noxious or offensive activities
shall be carried on upon any Lot, nor
shall anything be done thereon which
may be or may become an annoyance or
nuisance to the neighborhood.
9. In the event that a dwelling is destroyed,
the Owner of the dwelling within thirty
(30) days from said destruction, shall
clear away the remaining portion of the
dwelling unit and maintain the Lot in a
neat and orderly condition. No structure
other than a townhouse of at least the
same dimensions and architecture as the
unit destroyed shall be constructed in
the place of the original unit.
12
10. Each Owner shall keep all Lots owned
by him and all improvements therein or
thereon in good order and repair and
free of debris, including, but not
limited to, the seeding, watering, and
mowing of all lawns, the pruning and
cutting of all trees and shrubbery and
the painting (or other appropriate
external care) of all buildings and
other improvements, all in a manner and
with such frequency as is consistent
with good property management. In the
event an Owner of any Lot in Tudor
Square, Section One shall fail to main-
tain the premises and the improvements
situated thereon as provided herein,
the Association, after notice to the
Owner as provided in the Bylaws and
approval by two-thirds vote of the
Board of Directors, shall have the
right to enter upon said Lot to cor-
rect drainage and to repair, maintain
and restore the Lot and the exterior
of the building erected thereon. All
cost related to such correction,
repair, or restoration shall become
a special assessment upon such Lot.
11. The general rules of law regarding
party walls and liability for property
damages due to negligence or willful
acts or omissions shall apply. The
cost of reasonable repair and mainte-
nance of a party wall shall be shared
by the two adjoining landowners, except
to the extent the wall is not of use to
one of the Owners. If a party wall is
destroyed or damaged by fire or other
casualty, any Owner who has use of the
wall may restore it and if the other
Owners thereafter make use of the wall,
they shall contribute to the cost of
the restoration thereof in proportion
to such use without prejudice, however,
to the right of any such Owners to call
for a larger contribution from the
others under any rule of law regarding
liability for negligence or for willful
acts or omissions.
Notwithstanding any other provision of
this Article, an Owner by his negligence
or willful act causes a party wall to be
exposed to the elements shall bear the
whole cost of furnishing the necessary
protection against such elements. The
right of any Owner to contribution
from any other Owner under this Article
shall be appurtenance to the land and
13
shall pass to such Owner's successor
in title.
12. No Lot shall be used or maintained as
a dumping ground for rubbish. Trash,
garbage or other waste shall_ be in
sanitary containers. All incinerators
or other equipment for the storage or
disposal of such material shall be kept
in a clean and sanitary condition in the
rear. No refuse or any container for
same shall be placed or stored in front
of any townhouse, except on the date of
garbage pickup.
13. No trees shall be planted nor other
digging undertaken without first securing
the approval of the local power company
and without first being advised as to the
location of all underground electrical
and telephone wires.
14. No exterior clothes line, or hanging
device, shall be permitted on any Lot.
15. The color of the paint on the exterior
of every building on each Lot shall be
the same as the original color unless
the new color is a color used in the
historic portion of Williamsburg,
Virginia and is sold by the maker of
the paint as a sanctioned historic
Williamsburg, Virginia color.
16. No building, structure, addition nor
exterior alteration (including basket-
ball backboards, rims and nets) or
improvements of any character shall be
constructed upon any Lot or dwelling
located thereon, except as exterior
painting is permitted by the prior
paragraph, unless the plan of construc-
tion, including quality of workmanship,
design, colors and materials, shall
have been approved in writing by the
Tudor Square Homeowners Association as
being in harmony with the whole sub-
division, especially the adjoining
townhouse unit.
17. If in the construction of any dwelling
by DECLARANT there occurs an encroach-
ment, then such encroachment shall be
deemed a perpetual easement for the
benefit of the dominant Lot.
18. No Lot upon which a townhouse has been
constructed shall be further subdivided
14
or separated into smaller lots by any
Owner and no portion less than all of
such Lot, nor any easement or other
interest herein, shall be conveyed or
transferred by an Owner, provided
that this shall not prohibit deeds of
correction, deeds to resolve boundary
disputes and similar corrective
instruments.
19. All of the covenants and restrictions
herein shall be binding and remain in
full force and effect for a period of
fifteen (15) years from the date of
this instrument and shall be renewed
automatically for additional succes-
sive ten (10) year periods unless the
Owners of a majority of Lots in Tudor
Square, Section One Subdivision shall,
at least six (6) months prior to any
such renewal date, execute and record
an agreement amending said covenants
and restrictions.
20. The DECLARANT herein reserves and
shall have the right along to waive
any one or more of the restrictive
covenants and conditions contained
herein as to any Lot transferred by it
except that it cannot change the use
of any Lot from residential to commer-
cial. This waiver shall not affect
the binding effect of the covenants
and conditions upon any other Lot.
The DECLARANT further reserves the
right alone to impose additional
restrictive covenants and restrictions
as to any Lot or Lots owned by it at
the time of the imposition and such
imposition shall not affect the binding
effect of these provisions upon any
other Lots.
21. The invalidation of any one of the
covenants or restrictions contained
herein by judgment or Court order
shall in nowise affect any of the other
provisions which shall remain in full
force and effect. The failure of the
Lot Owners or the DECLARANT herein to
enforce any covenants or restrictions
shall riot be deemed to be a waiver of
the right to do so thereafter as to a
default occurring prior or subsequent
thereto.
15
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(s) or
right(s) of way designated Sewer Easement/Water 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 Sewer/Water Easement.
Section 2. Public Access and Utility Easements: The
property dedicated hereby is subject to those certain ease-
ments designated Public Access and Utility Easements which are
10 ft. in width along the front of the subject property as
shown on the aforesaid attached plat.
Section 3. Surface Drainage Easement: The property
dedicated hereby is subject to those certain easements or
rights of way designated Drainage Easement and Detention Pond
on the aforesaid Final Master Development Plan of Tudor
Square, for the purpose of surface water drainage easement.
No structures of any kind which substantially impede or
obstruct the flow or ponding of surface drainage water may be
placed within said surface water drainage easements designated
on the aforesaid plat. Said surface water drainage easements
may not be altered or modified without the prior consent of
the County of Frederick, and the DECLARANT does hereby grant
and convey unto the County of Frederick a perpetual right of
way or easement over the aforesaid designated surface drainage
easements and detention pond for the purpose of so providing
16
surface drainage. DECLARANT does further agree that the
County of Frederick shall be under no obligation to maintain
said surface drainage easements, provided, however, that in
the event the Association fails to maintain said surface
drainage easements, then, and in that event, the County of
Frederick shall have the right to maintain the same and charge
the Association pursuant to the provisions of ARTICLE V,
Section 11, hereinabove.
DECLARANT, for a period of five (5) years from the
date of conveyance of the first lot in Tudor Square, Section
One, reserves a blanket easement and right on, over and under
the ground within that Subdivision to maintain and correct
drainage of surface water in order to maintain reasonable
standards of health, safety and appearance. Such right
expressly includes the right to cut any trees, bushes or
shrubbery, make any grading of the soil or to take any other
similar action reasonably necessary, following which the
DECLARANT shall restore the affected property to its original
condition as near as practical. The DECLARANT shall give rea-
sonable notice of intent to take such action to all affected
owners, unless in the opinion of the DECLARANT an emergency
exists which precludes such notice.
Section 4. Permanent Turn -Around Easement: The
property dedicated hereby is subject to a Permanent Turn -
Around Easement as shown on the aforesaid attached plat and
the DECLARANT does hereby grant and convey unto the County of
Frederick a perpetual right of way or easement over the afore-
said Permanent Turn -Around Easement.
Section 5. Reservations: The DECLARANT reserves
unto itself, its successors or assigns, the right to erect,
17
maintain, operate and replace underground telephone and
electrical 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 now located and along the strip 10 ft. along the
front of each Lot designated "Public Access and Utility Ease-
ment" and over the "Common Areas", as needed, provided that
such easement shall not interfere with the use and enjoyment
of the "Common Areas".
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. All costs which the Association, its suc-
cessors or assigns, or any Owner shall incur in the enforce-
ment of the restrictions, conditions, covenants, reservations,
liens, and charges, nor or hereafter imposed, shall be borne
by the party against which action is taken and which costs
shall include reasonable attorney's fees, costs, and damages.
Section 2. Severability: Invalidation of any one of
these covenants or restrictions by judgment or court order
shall in no way affect any other provision which shall remain
in full force and effect.
Section 3. Amendment: The covenants and restric-
tions of this Declaration shall run with the land and bind the
land, and shall inure to the benefit of and be enforceable by
the Association, or the Owner of any Lot subject to this
Declaration, their respective legal representatives, heirs,
successors and assigns, for a term of thirty (30) years from
the date this Declaration is recorded, after which time, said
covenants shall be automatically extended for successive
periods of ten (10) years. The covenants and restrictions of
this Declaration may be amended during the first thirty (30)
year period by an instrument signed by not less than ninety
percent (90%y 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 Tudor Square. 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,
Proprietors, Trustee and Beneficiary of the land being sub-
divided, 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 govern-
ing body of the County of Frederick, Virginia.
19
The County of Frederick, Virginia, by the signature
of its agents on the attached plat, do accept the dedications
to public domain of the land and easements herein described as
such.
The designated "Common Areas" are not dedicated
hereby for use by the general public but are dedicated to the
common use and enjoyment of the homeowners in Tudor Square as
provided hereinabove.
WITNESS the following signatures and seals:
NORTH FREDERICK REALTY
By (SEAL)
BENJAMIN M. BUTLER, Partner
By (SEAL)
STEPHEN G. BUTLER, Partner
By (SEAL)
MICHAEL L. BRYAN, Partner
By (SEAL)
DOUGLAS R. TOAN, Partner
(SEAL)
B. J. TISINGER, Trustee
DOMINION BANK OF SHENANDOAH
VALLEY, NATIONAL ASSOCIATION
By (SEAL)
HUNTER HOLLER, Vice President
STATE OF VIRGINIA,
OF , TO -WIT:
I,
, a Notary Public in and
for the State and jurisdiction aforesaid, do hereby certify
that BENJAMIN M. BUTLER, STEPHEN G. BUTLER, MICHAEL L. BRYAN
and DOUGLAS R. TOAN, Partners of NORTH FREDERICK REALTY, whose
names are signed to the foregoing Deed of Dedication, dated
20
March 1, 1987, have personally appeared before me and acknowl-
edged the same in my State and jurisdiction aforesaid.
Given under my hand this day of March, 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 B. J. TISINGER, Trustee, whose name is signed to the
foregoing Deed of Dedication, dated March 1, 1987, has person-
ally appeared before me and acknowledged the same in my State
and jurisdiction aforesaid.
Given under my hand this day of March, 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 HUNTER HOLLER, Vice President of DOMINION BANK OF
SHENANDOAH VALLEY, NATIONAL ASSOCIATION, whose name is signed
to the foregoing Deed of Dedication, dated March 1, 1987, has
personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this day of March, 1987.
My Commission expires
NOTARY PUBLIC
PSI
r
FINAL PLAT
Tudor - S care moo Section l
GAINESBORO DISTRICT
FREDERICK COUNTY, VIRGINIA
01
• aQi , .mil ii,, ,�• �)� •- � ,Ry • .; ,� � t
.. .�. �\ •.- ALE: t 2
APPR VED c1Y
MM. CO. SANITATION AUTH Date
PLANNINQ COMML�33IONG�i� > Date
SUBDIVISION ADMINI3TRJt !� - 1t tit Date
7 - l� /
• VA. DEPT. OAP' HIGiiWA Date
OWNER'S' CERTIFICATE _.
The abave•and foregoing subdivision of the land af. North Frederick Realty
•as appears in .the a000rnpanying plats, is with the cm-aent. and in a000rdanop,..
with desires of. the undersigned pr prietors and trustees, if any.
np
'->IN
,:.:.
. u I. .....
All property owners in T udw Square are required to belong to the Tuudor..:.., .. s.... . �_...
Square Home Owners Association. The Association is - the owner of all areas
shown as Parking Areas, Tudor Drive and Open Space on the attached plat and y
is responsible for the maintenanoe at those areas. All property owners must -1
pay an annual assessment to pay for this maintenance. This fee and all other -- - -
rules of the"Asaodation are "aet forth" in the Restrictions and Covenants attached
hereto. A -copy of the Final Master Development Plan for Tudor Square is on file
" at the Frederick County Department of Planning and Develdpment.
SURVEYORS CERTIFICATE
I hereby certify that the land contained in this subdivision is . a
portion of.*the land conveyed to North Frederick Realty by deed
dated September 5, 1985, said deed recorded in the Office of the Clerk
of the Circuit Court of Frederick County, Virginia iii Deed Book 603 at
page 277.
P. Duane Brown, C. L. S.'' "'
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NOTE r
MINIMUM FRONT SETBACK = 20'
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DIME DATE'l , JUNE 16,1986 SCALE-' 112 40'
V• �.uBROWN REVI SEDs'DEC EMBER 10,1986 I
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1- •
AREA SUMMARY
•ftJL Jth;.. fLJtLJt
:�=,LJSL fit, Area in Lots 1.8752 Acres
if Area in Parking b Tudor Drive 1.1203 Acres
• ; Area in Opezi' Space 1: 6109 Acres
Total Area Subdivided 4.6064 Acres
Af
No. of Lots 42
i Average Lot Size - 1, 945 Sq. Ft.
_.... ... CURVE TABLE
NO. A RADIUS ARC TAN. CHORD CHORD BEARING
1. 84'59'38' 136.00' 201.75' 124.61' 183.75' S61-04.41-E
2. 61*15*28' 32:00' 34.21' 18.95' 32.61' S49'12'36'E"
3. 71059'34' 50.00' 62.83' 36.32' 58.77' S50039'51'E
4. 83.5048' 50.00' 73.17' 44.90' 66.81' S27.15'20'W
5..... 03.2Lt22' 37. 50' 21.20' 1.40' 2.20' N39.13'060W
6. 42'44'02' 19.00' 14.17' 7.43' 13.84' N19031'46'W
Tudor Squape - ,S,ec41on ,1
P. DU NE G' DATE:* : JUNE 161986 SCALE: I"= 4dBRO
�
y REVISED& DECEMBER 10,1986 ,
fi0. 1235 �,-i .w curt inc.SHEET
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JUL '
THIS DEED OF DEDICATION, made and dated this 23rd day
of July, 1985, by and between NORTH FREDERICK REALTY, a
Virginia Partnership, party of the first part, hereinafter
called the DECLARANT, whether one or more, and COUNTY OF
FREDERICK, VIRGINIA, party of the second part, and F. L.
LARGENT, JR., Trustee, party of the third part, and THE LANDYE
TRUST, Beneficiary, party of the fourth 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 June 16, 1986, known as Tudor Square,
Section One, which property is further described on the Final
Master Development Plan of Tudor Square 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 5, 1985, from Richard G. Hardison, et
al, Trustees of The Landye Trust, of record in the Office of
the Clerk of the Circuit Court of Frederick County, Virginia,
in Deed Book 603 at Page 277; and,
WHEREAS, said real estate, as shown on the aforesaid
attached plat, has been subdivided into lots for the construc-
tion of townhouses thereon, 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 certain surrounding lands in said Subdivision to be used
as common open space, parking areas, recreation areas, and
further certain easements of access to said lots, all of which
shall constitute a portion of that development known as Tudor
Square, Section One, and which common open space, parking
areas, recreation areas and easements of access shall be owned
and maintained by the Tudor Square Homeowners Association upon
the terms and conditions set forth hereinafter; and,
WHEREAS, the DECLARANT now desires to subdivide the
same into lots to be known as Tudor Square, Section One. 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,
Trustee and Beneficiary, 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 Tudor Square,
Section One, lying and being situate in Gainesboro Magisterial
District, Frederick County, Virginia, and being more particu-
larly described by the aforesaid plat of P. Duane Brown,
C.L.S., dated May 16, 1986, attached hereto and made a part
hereof and by this reference incorporated herein as if set out
in full, and which plat is drawn in conformity with the final
master development plan for Tudor Square, Section One on file
in the Office of the Frederick County Department of Planning
and Development. This is a portion of the same real estate
conveyed to North Frederick Realty, a Virginia Partnership,
said deed of record in the aforesaid Clerk's Office in Deed
Book 603 at Page 277.
Pa
0
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
Tudor Square Homeowners Association, a non stock Virginia
Corporation, its successors and assigns.
Section 2. "Common Areas" shall mean and refer to
that certain real property hereinabove described as common
open space, parking areas, recreation areas, and access ease-
ments, 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 Tudor Square, Section One,
with the exception of the common open space, parking areas,
recreation areas, and access easements.
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 part of the "Common
Areas", including contract sellers, but excluding those having
such interest merely as security for the performance of an
obligation.
3
Section 6. "Declarant" shall mean and refer to North
Frederick Realty, a Virginia Partnership, 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
4
Association and serve until the first annual meeting following
conveyance of the first Lot in the "Common Areas"; thereafter,
the Board of Directors shall be elected by the Membership as
determined in the By -Laws of the Association.
TREASURER
The Treasurer of the Association shall be bonded,
with the expense of such a fidelity bond for said officer to
be borne by 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 "Common Areas", specifically including but not limited to
the rights of ingress and egress across the aforesaid "Common
Areas" 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 "Common
Areas" and in aid thereof to mortgage
said property and the rights of such
mortgagee in said "Common Areas" 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 "Common Areas" by a
Member for any period during which any
assessment 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
"Common Areas" 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
5
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 By -Laws, his right of enjoyment
to the "Common Areas" to the members of his family, his ten-
ants, or contract purchasers who reside on the property.
Section 3. Title to the "Common Areas": The
Declarant hereby covenants for its heirs and assigns, that
North Frederick Realty, a Virginia Partnership, will convey
fee simple title to the common open space, parking areas,
recreation areas, and access easements (referred to herein -
above as the "Common Areas") 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 "Common Areas", 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 convey-
ance, is deemed to covenant and agree to pay to the Associa-
tion (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 herein-
after provided. The annual assessments and special assess-
ments, together, with such interest thereon and costs of col-
lection thereof, as hereinafter provided, shall be a charge on
the land and shall be a continuing lien upon the property
against which each such assessment is made. Each such assess-
0
ment, 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 "Common Areas" and, in partic-
ular, for the improvement and maintenance of the "Common
Areas", 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 "Common Areas".
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 $100.00 per year per Lot;
(a) From and after January 1 of the year
immediately following the conveyance
of the first Lot to an Owner, the maxi-
mum annual assessment per Lot may be
increased above that set forth herein -
above by a vote of the Members for the
next succeeding year and at the end of
each year's period, for each succeeding
period of one year, provided that any
such change shall have the assent of
two-thirds (2/3) of the votes of Members
who are voting in person or by proxy,
at a meeting duly called for this pur-
pose, written notice of which shall be
sent to all Members not less than
thirty (30) days nor more than sixty
(60) days in advance of the meeting,
setting forth the purpose of the meet-
ing. The limitations hereof shall not
apply to any change in the maximum and
basis of the assessments undertaken as
an incident to a merger or consolida-
tion in which the Association is
authorized to participate under its
Articles of Incorporation.
7
(b) After consideration of current main-
tenance costs and future needs of the
Association, the Board of Directors may
fix the annual assessments at an amount
not in excess of the maximum.
Section 4. Special Assessments for Capital Improve-
ments: In addition to the annual assessments authorized
above, the Association may levy in any assessment year a
special assessment applicable to that year only, for the pur-
pose of defraying, in whole or in part, the cost of any con-
struction or reconstruction, unexpected repair or replacement
of a described capital improvement upon the "Common Areas",
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
Sections 3 and 4 hereof, the presence at the meeting of Members
or of proxies entitled to cast sixty-seven percent (67%) of
all votes shall constitute a quorum. If the required quorum
is not forthcoming at any meeting, another meeting may be
called, subject to the notice requirement set forth in Sections
3 and 4 and the required quorum at any such subsequent meeting
shall be one-half (1/2) of the required quorum at the
0
r
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 "Common Areas". 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
0
Ifor the assessments provided for herein by non-use of the
1"Common Areas" or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages:
The lien of the assessments provided for herein shall be sub-
ordinated to the lien of any mortgage or mortgages now or here-
after 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 becom-
ing 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 "Common Areas"; (b) all prop-
erties dedicated to and accepted by a local public authority;
and (c) all properties owned by a charitable or nonprofit
organization exempt from taxation by the laws of the State of
Virginia. However, no residence occupied as a dwelling shall
be exempt from these assessments.
Section 11. Failure to Maintain "Common Areas": In
the event that the Association, or its successors, shall fail
to maintain the "Common Areas" in reasonable order and condi-
tion, the County of Frederick may take such action as
authorized by the Frederick County Zoning Ordinance. The
Frederick County Zoning Ordinance is by this reference made a
part hereof as if set out in full.
A R T I C L E V I
USE, RESTRICTIONS AND COVENANTS
10
This Subdivision shall be subject to the following
restrictions which are constituted covenants real to run with
the land:
1. All townhouses shall be constructed
within the areas designated on the
aforesaid attached plat for the
location of said structure.
2. The Lots shall be used for residen-
tial purposes only, provided, how-
ever, that DECLARANT reserves the
right to use one or more of said
lots for business purposes in con-
nection with development, sales and
operation of said townhouse sub-
division.
3. No outside privy or toilet may be con-
structed or maintained on any of said
Lots.
4. No trailers or temporary buildings shall
be erected or maintained on any Lot in
this Subdivision.
5. No horse, cow, hog, goat, fowl or live-
stock shall be kept or maintained on any
of the Lots in this Subdivision.
6. No trucks or tractor -trailers may be
parked on any Lot, street or parking
area in this Subdivision.
7. No unlicensed, uninspected or inoperative
motor vehicles shall be parked, kept or
maintained upon any Lot or street in this
Subdivision.
8. No fence erected on any of said Lots
shall be greater than 4 feet in height
and no such fence shall be erected in
front of any townhouse.
9. DECLARANT shall reserve the right to
waive any or all of the covenants and
restrictions contained herein. This
right of waiver shall not affect the
binding effect of the covenants and
conditions upon any Lot.
10. DECLARANT further reserves the right
alone to impose additional restrictive
covenants and restrictions as to the
sale and transfer of any Lot or Lots
owned by it and such imposition shall
not affect the binding effect of these
11
r
W
provisions upon any other Lot. Invali-
dation of any one of the covenants or
restrictions contained herein by judg-
ment 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 cove-
nant or restriction shall not be deemed
to be a waiver of the right to do so
thereafter as to a default occurring
prior or subsequent thereto.
11. No sign of any kind shall be displayed
to the public view on any Lot except
one professional sign of not more than
one (1) square foot, one (1) sign of not
more than five (5) square feet advertis-
ing the property for sale or rent, or
signs used by a builder to advertise the
property during the construction and
sales period.
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 and
Detention Pond on the aforesaid attached plat, for the purpose
of surface water drainage easement. No structures of any kind
which substantially impede or obstruct the flow or ponding of
surface drainage water may be placed within said surface water
12
J
0
drainage easements designated on the aforesaid attached plat.
Said surface water drainage easements may not be altered or
modified without the prior consent of the County of Frederick,
and the DECLARANT does hereby grant and convey unto the County
of Frederick a perpetual right of way or easement over the
aforesaid designated surface drainage easements and detention
pond for the purpose of so providing surface drainage.
DECLARANT does further agree that the County of Frederick
shall be under no obligation to maintain said surface drainage
easements, provided, however, that in the event the Associa-
tion fails to maintain said surface drainage easements, then,
and in that event, the County of Frederick shall have the
right to maintain the same and charge the Association pursuant
to the provisions of ARTICLE V, Section 11, hereinabove.
Section 3. Reservations: The DECLARANT reserves
unto itself, its successors or assigns, the right to erect,
maintain, operate and replace underground and above ground
telephone and electric light conduits, related equipment, and
other facility, sewer, gas, water, and television lines and
related equipment, and other utility equipment where such
utility lines and equipment are now located and along the
strip 10 ft. along the front and rear of each Lot and over the
"Common Areas", as needed, provided that such easement shall
not interfere with the use and enjoyment of the "Common Areas".
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,
13
6
M
now, or hereafter, imposed by the provisions of this Declara-
tion. Failure by the Association, its successors or assigns,
or by any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to
do so thereafter.
Section 2. Severability: Invalidation of any one of
these covenants or restrictions by judgment or court order
shall in no way affect any other provision which shall remain
in full force and effect.
Section 3. Amendment: The covenants and restric-
tions of this Declaration shall run with the land and bind the
land, and shall inure to the benefit of and be enforceable by
the Association, or the Owner of any Lot subject to this
Declaration, their respective legal representatives, heirs,
successors and assigns-, for a term of thirty (30) years from
the date this Declaration is recorded, after which time, said
covenants shall be automatically extended for successive
periods of ten (10) years. The covenants and restrictions of
this Declaration may be amended during the first thirty (30)
year period by an instrument signed by not less than ninety
percent (90%) of the Lot Owners, and thereafter, by an instru-
ment signed by not less than seventy-five percent (75%) of the
Lot Owners. Any amendment must be properly recorded.
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 Tudor Square. In the event that such
14
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
Ion the attached plat is with the free consent and in accor-
dance with the desire of the undersigned DECLARANT, Pro-
prietors, Trustee and Beneficiary of the land being sub-
divided, 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 govern-
ing body of the County of Frederick, Virginia.
WITNESS the following signatures and seals:
NORTH FREDERICK REALTY
By (SEAL)
BENJAMIN M. BUTLER, Partner
By (SEAL)
STEPHEN G. BUTLER, Partner
By (SEAL)
MICHAEL L. BRYAN, Partner
By (SEAL)
H. RUSSELL POTTS, Partner
COUNTY OF FREDERICK, VIRGINIA
By (SEAL)
(SEAL)
F. L. LARGENT, JR., Trustee
THE LANDYE TRUST
By (SEAL)
JAMES M. STEWART, JR.,
Trustee
STATE OF VIRGINIA,
OF , TO -WIT:
I,
, a Notary Public in and
for the State and jurisdiction aforesaid, do hereby certify
15
that BENJAMIN M. BUTLER, STEPHEN G. BUTLER, MICHAEL L. BRYAN
and H. RUSSELL POTTS, Partners of NORTH FREDERICK REALTY,
whose names are signed to the foregoing Deed of Dedication,
dated July, 23, 1986, have personally appeared before me and
acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this day of July, 1986.
My Commission expires
NOTARY PUBLIC
ESTATE 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 July 23, 1986, has
personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this day of July, 1986.
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 F. L. LARGENT, JR., Trustee, whose name is signed to the
foregoing Deed of Dedication, dated July 23, 1986, has
16
i
(personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this day of July, 1986.
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 JAMES M. STEWART, JR., Trustee of THE LANDYE TRUST, whose
name is signed to the foregoing Deed of Dedication, dated July
23, 1986, has personally appeared before me and acknowledged
the same in my State and jurisdiction aforesaid.
Given under my hand this day of July, 1986.
My Commission expires
NOTARY PUBLIC
17
Dooninion Bank
186 Noiih Loudoun Street Mall
Winchester, Virginia 22601
DOMINION February 19, 1987
NK
Mr. Stephen M. Gyurisin
Deputy Director
Department of Planning and Building
County of Frederick
P. 0. Box 601
Winchester, Virginia 22601
Dear Mr. Gyurisin:
We have extended a construction loan of $2,200,000 to
North Frederick Realty, A Partnership. A portion of the
proceeds of this loan is to be used for construction
of a road (to be dedicated to the Virginia State Highway
Department) from Westminster Canterbury Drive to the Tudor
Square project, and for the construction of water and
sewer lines to service Tudor Square. E. R. Neff
Excavating, Inc. has been contracted to do the work
necessary to complete the road and water and sewer lines
to your specifications. We are advised by you that the
cost of this work will be $477,000.
We agree to withhold $477,000 of the loan proceeds which
cannot be advanced except to E. R. Neff Excavating, Inc.
for work mentioned above and then only with your approval.
Furthermore, if said work is not completed by December
1, 1987 and you find it necessary to secure other
contractors for the purpose of completing the work, we
agree to advance the $477,000 mentioned above (or the
remaining portion thereof) to pay any reasonable bills
for completing the construction of the roads or the water
and sewer lines.
It is our understanding that as the road, water, and sewer
construction is completed, you will advise us to reduce
the amount withheld for this purpose.
Mr. Stephen M. Gyurisin
Page two
February 19, 1987
This letter is written with the condition that all
parties below execute this letter and with the
understanding that this letter changes none of the
terms, conditions, and limitations of the construction
loan agreement between North Frederick Realty, A Partnership
(borrower) and Dominion Bank of Shenandoah Valley, National
Association (lender).
DOMINION BANK OF SHENANDOAH VALLEY,
NATIONAL ASSOCIATION
BY:��l O(.
Hunter R. Ho lar
Senior Vice President
We consent to the above.
NORTH FREDERICK REALTY,
A PAR.T4iFR-SHIP
,Partner
EXCAVATING, INC.
FA
wv"Jwl
PRO
COUNTY OF FREDERICK
DEPARTMENT OF PLANNING AND
BUI DING
4 k - aw Ut"a
t p en M.jGyq&i n
Depu y Director
HRH:jmr
Proposal Submitted To:
Name Construction Management, Inc.
Street
City
State Virginia
Phone . ......
NOPOSAL'
No.
Date - Jan* Z!_ 1987
Sheet No.
Work To Be Performed At:
Tuior Square Town house Projecjg
Street
City State
Date of Plans
Architect
We hereby propose to furnish the materials and perform the labor necessary for the completion of
Prices are based upon .reasonable gra4e work (plus . or minus 2 inches ).-
-This price does -not ,,-includel,-stone but will iork closely with Mr. Neff
to avoid, unacceptable" waste "of stone taye.
. .... ... ...
Prices are as follows:
Curb and gutter radius anti straight- $12.00 per ft.
Sideaalks 4" deep wire mash)— 1.05 _kqp� t,
"_pejL_!
Front and rear_ stoops _pK one or the other. averapcipg,
------ -erivare feet at 1"at—$4.00 per snuare ft. formed'a -f inh
Stepe! at,,$25.00 per riser being -no,wider _
All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and
specifications submitted, for above work and completed in a substantial. workmanlike manner for the sum of
Dollars ($ 1.
with payments to be made as follows: once every-30 da
. ...... ....
Any alteration or deviation from i. above specification a invo lving ex , tra
costs will be executed only Upon written orders, and will become on:,- Respectfully submitted -
extra charge over and above the estimate. All agreements -contingent
upon strikes, accidents or delays beyond our control. owner to carry
fire, tornado and other necessary insurance upon above work. Work. Per -7,
men's Compensation and Public Liability insurance on above work to be
taken out by
Note —This proposal may be withdrawn by us if not accepted
within days.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.
Payment will be made as outlined above.
7
C
Signature
Date Signature
TO1 S11n, FUHM 38,50
I Pi i P L I C A 12 LITHO IN US A.
E.R. NEFF EXCAVATING, INC.
Rt. 1 Box 377
STEPHENS CITY, VA 22655
(703) 869-1010
VIRGINIA STATE CONTRACTORt3 REGISTRATION NO. 014001
Construction Management Date: October 29, 1986
150 McGhee Street Job Name: Tudor Square Apartments and
Winchester, Virginia 22601 Townhouses
We hereby submit our proposal to furnish the labor, equipment, and material
necessary for the completion of certain site work for the proposed Tudor
Square Apartments and Townhouses.
We propose to perform the work on a time and materials basis with a guaran-
tee that the total cost to the developers of the apartments and townhouses
for our completion of all work included in this proposal will not exceed
$477,732.00
The site work to be completed under this time and materials contract pro-
posal is as follows:
Implementing the soil erosion plan.
Construction of the roadway.
Construction of the parking area.
Construction of the storm sewer for proper drainage.
Construction of the water and sewer lines to include laterals to the
buildings.
All blasting required to complete the work included in this proposal.
The above site work is to be accomplished with dirt available on the job
site. There will be an additional charge above the amount quoted above for
any dirt required to be hauled into or hauled away from the job site.
Note: Excavation of foundations and footers, backfill of building walls,
construction of the retention pond, construction of the curb and
gutter, and final grading are not included in this proposal.
All work performed and materials used will be according to the plans and
specifications by Gilbert W. Clifford & Associates, Inc. to conform to
current state and local standards.
WE PROPOSE to furnish labor and material — complete in accordance with above specifications, and subject to
conditions found on both sides of this agreement, for the sum of:
Time and materials with total cost not to exceed four
liundred geventy-seven thousand, seven hundred thirty-
two & 0/100 dollars.
Payment to be made as follows: Itemized invoices billing for work completed will be
ubmitted monthly. Payment in full of each invoice submitted is due within
O'days of the invoice billing date.
ACCEPTED. The above prices, specifications and conditions are satisfac-
tory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as out ined above. (Read reverse side).
Date of A,/.If....
By HUe_e,/
By
Respectfully submitted,
E.R. NEFF EXCAVATING, INC.
` r
gy y G eft. ,
Note: This proposal may be withdrawn by us if not accepted within days.
PETER $. McgEE (1934-1967)
BENJAmN M. BUTLER
STEPHEN 0.BUTLER
MICHAEL L. BRYAN
McKEE AND BUTEE$
A.TTO$NEYS AT LAW
11 SOUTH CAMERON .STREET
P. O. DRAWER 2097
WINCHESTER, VIEC3INIA 22601 -1297
August 5, 1986
Mr. Steve Gyurisin
Frederick County Department of Planning
and Zoning
9 Court Square
Winchester, Virginia 22601
Re: My File No. 5710
Tudor Square development
Dear Steve:
AREA CODE 703
TELEPHONE 662-3486
PLEASE REPLY TO:
P. O. DRAWER 2097
We have computed the townhouse assessments, levied
at $100.00 per lot, based on the following estimates and
anticipated costs:
(a) Snow removal from parking areas and streets and
mowing common areas $1,500.00
(b) Liability insurance and fidelity bond
$1,5.00.00
(c) Maintenance of recreational equipment; reserve
for parking area and street repair $1,000.00
As you can see, the annual assessments should be more
than adequate to cover these expenditures and reserves, based
on the foregoing estimates.
Very truly yours,
McY;EE and BUT FR
/% MICHA BRYAN
MLB/clh
HAROLDC KING, COMMISSIONER
EDGAR BACON, J(INESYILLF.'. BRISM)L DISTRICT
STEPHEN A MUSSELWHITE. RUANOKE SAI.ER DISTRICT
JAMES L DAVIDSON, JR, LYNCHBURG. LYNCHHURG DISTRICT
M PHILMORE NOWLETTE. RICHAWND. WCHAR)ND DISTRICT
C ROGER MALSON, WR(,I.WA BEACH. 91ML.K DISTRICT
H R HUMPHREYS, JR. WEERS PRED6RICKSBURG DSTRICT
CONSTANCE R. KINCHELOE. CUZJT E , CULPEPER DISTRICT
ROBERT W. SMALLEY. BERRYWLLS. STAUNTON DISTRICT
JOSEPH M. GUIFFRE. ALEXANDRIA. NORTHERN WRGINEA DISTRICT
T EUGENE SMITH. Ala.L&N. ATLARGE URBAN
ROBERT A GUICKE. BLACKSIONG AT LARGE RURAL
COMMONWEALTH of VIRGINIA
DEPARTMENT OF HIGHWAYS & TRANSPORTATION
1221 EAST BROAD STREET
RICHMOND, 23219
Edinburg, Virginia 22824-0278
(703) 984-4133
July 2, 1986
OSCAR K. MABRY
DEPUTY COMMISSIONER
J. M. WRAY, JR.
CHIEF ENGINEER
J T WARREN
DIRECTOR OF OPERATIONS
JACK HODGE
DIRECTOR OF ENGINEERING
SALLY H. COOPER
DIRECTOR OF BAIL AND PUBLIC TRANSPORTATKNI
J.G. RIPLEY
DIRECTOR OF PLANNING AND PROGRAMMRIG
ALBERT W COATES, JR
DIRECTOR OF ADMINISTRATION
J. W. ATWELL
DIRECTOR OF FINANCE
Mr. Charles E. Maddox, Jr., P. E. Ref: Tudor Square
C/O Gilbert W. Clifford & Associates Frederick County
P. 0. Box 2104
Winchester, VA 22601
Dear Chuck:
This is to acknowledge receipt of your site plan for the above
referenced subdivision. We have the following comments:
1. The proposed entrance appears to be within our minimum requirements.
2. We recommend a Virginia Department of Highways and Transportation
standard stop sign be erected at the proposed entrance at the
existing street.
3. It is understood the proposed roadway will be kept private and
the Virginia Department of Highways & Transportation will not be
asked to be added to the Secondary System without bringing it to
our minimum requirements.
4. If the proposed access road to Westminister of Canterbury is a
private road it may be necessary to obtain some additional
right-of-way for the purpose of turning our equipment around to
keep from having to pull onto private property. However, if this
is dedicated right-of-way and open to the public this may not be
necessary.
5. As the existing street is not in the Secondary System, a permit
is not required at this time. However, it must be understood the
entrance would have to be constructed to the minimum requirements
if and when this street is added to the Secondary System.
Should you have any additional questions, please do not hesitate to
contact me.
Sincerely,
K. D. Walker
Inspector
KDW/rh For:W. H. Bushman
xc: Mr. R. W. Watkins Resident Engineer
TRANSPORTATION - AMFRICA'S 1 IFFI INFS:
HAROLD C KING, COMMISSIONER
EDGAR BACON. A)NMWIAL BRI. IL W.STTGCT
STEPHENA MUSSELWHITE R-1 KE.. U XDISTRICT
JAMS S L UAWDSOiN JR . LYNY11BURG. LYNCNBf RCWS'MGT
M PHILMORE Hn,WLETTf.R/(:MYVh'D. RICNYVh'D D/.clR/(T
C ROGER MALSON "RCINIA REACH. 91 ttA USTRICT
H A HUMPHREYS. JR WEEP] FRELWQVC LSBDRG DISTRICT
CONSTANCEA KINCHELOE. CLVUWA CVEfLMJ DISTRICT
AOSERT W SMALLEY. AERRYYILL E STAUNTON D&9MC7
JOSEF" M GUIFFRE. ALZAANORlA AORTRERN V/RYYNIA DL57RKT
T EUGENE SMITH. AkJ4 N. At LANGRIIRBAN
ADBERY A OUKXE. BLFCESFONS ATLAR"NLWAL
COMMONWEALTH of VIRGINIA
DEPARTMENT OF HIGHWAYS & TRANSPORTATION
1221 EAST BROAD STREET
RICHMOND, 23219
Edinburg, Virginia 22824-0278
(703) 984-4133
July 2, 1986
OSCARK MARRY
DEPUTY COMMISSIONER
M WRAP JR
CHIEF ENGINEER
J T WARREN
DIRECTOR OF OPERATIONS
JACK HODGE
DIRECTOR OF ENGINEERING
SALLYII COOPER
DIRECTOR OF MIL AND PUBLIC TRMISPORTATION
J. G RIPLE'Y
DIRECTOR OF PLANNING ARID PROGRAMMING
ALBERT W COATES. JR
DIRECTOR OF ADMIAISTIIATIOII
J. W ATMIELL
DIRECTOR OF FBLRNCE
Mr. Charles E. Maddox, Jr., P. E. Ref: Tudor Square
C/O Gilbert W. Clifford & Associates Frederick County
P. O. Box 2104
Winchester, VA 22601
Dear Chuck:
This is to acknowledge receipt of your site plan for the. above
referenced subdivision. We have the following comments:
1. The proposed entrance appears to be within our minimum requirements.
2. We recommend a Virginia Department of Highways and Transportation
standard stop sign be erected at the proposed entrance at the
existing street.
3. It is understood the proposed roadway will be kept private and
the Virginia Department of Highways & Transportation will not be
asked to be added to the Secondary System without bringing it to
our minimum requirements.
4. If the proposed access road to Westminister of Canterbury is a
private road it may be necessary to obtain some additional
right-of-way for the purpose of turning our equipment around to
keep from having to pull onto private property. However, if this
is dedicated right-of-way and open to the public this may not be
necessary.
5. As the existing street is not in the Secondary System, a permit
is not required at this time. However, it must be understood the
entrance would have to be constructed to the minimum requirements
if and when this street is added to the Secondary System.
Should you have any additional questions, please do not hesitate to
contact me.
Sincerely,
K. D. Walker
Inspector
KDW/rh I For:W. H. Bushman
xc: Mr. R. W. Watkins Resident Engineer
Tudor Square 15EZq7W 1-
Is
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