HomeMy WebLinkAboutWestview Business Center (formerly Airport Corporate Ctr. Subd.) Shawnee District - Backfile61(901PG1644
OWNER'S CONFIRMATION OF PLAT
The attached Final Subdivision Plat of Tract 1 made by Mark D. Smith, Land Surveyor,
dated November 5, 1997, of the land of O'SUL i IVAN ORPORATION, a Virginia
Corporation, situate'in Shawnee Magisterial District, Frederick County, Virginia, and being to
establish and effect Lot "A," containing 2.0579 acres, Westview Business Centre, and being a
portion of the land conveyed to O'Sullivan Corporation by Deed dated May 2, 1989, of record
in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 712
at Page 351 [Tax Map Number 64-((A))-159H], is hereby CONFIRMED, RATIFIED AND
CONSENTED TO by, and submitted for record in the Office of the Clerk of the Circuit Court
of Frederick County, Virginia, by, O'Sullivan Corporation as the owner of the affected land.
Given under my hand this —�- day of April 1998.
O'SULLIVAN CORPORATION
SEAL)
STATE OF VIRGINIA , 1,
CITY/GOU I3'Y OF � � , , to -wit:
1, �J'� , a Notary Public for the State of Virginia at large,
do hereby certify that C. Bryant Nickerson, Secretary of O'Sullivan Corporation, a Virginia
Corporation, whose name is signed to the foregoing Owner's Confirmation of Plat, has
acknowledged the same before me in my State aforesaid.
Given under my hand this �' day of April, 1998.
pF6,
u Notary Public
My commission expires:&4
�D10/
nunnlnr•Irir
UI\:JU I I 1 U4%J
FINAL 5U51DIVISION PLAT
of Tract I or the land of
O'SUL L I VAN CORPORATION
LOT 1WESTVIEW BU51NE-55 CENT
RE
SHAWNEE DISTRICT, FREDERICK COUNTY VI
RCsINIA
I N TE P-sTA-M
F-TE . el
P,%l-e .
44
R.TE . 5 2 2
FRONT ROYAL
PIKE
N
1
05, 19911
W44C. IZeGIONAL. Al"c*-.T
OWNER'S CERTIFICATE I
THE ABOVE AND FOREGOING SUBDIVISION
O'SULLIVAN CORPORATION, AS APPEARS ON THE
FREE CONSENT AND IN ACCORDANCE WITH THE
PROPRIETOR AND TRUSTEES, IF ANY.
d�ITe
d
rr
�G
> IWDEPeN.
DENCE
D2
VICINITY MAP
III ■2(oo,
OF A PORTION OF THE LAND OF
ACCOMPANYING PLAT, IS WITH THE
DESIRES OF THE UNDERSIGNED OWNERS,
O/
COMMONW LT OF IR INIA
CITY / Ct > OF 4 gin TO WIT:
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY
OF jad:�2�, 1 Gq7 BY
4O�TA
RY �UBL�IC�
MY COMMISSION EXPIRES ��
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION
OF THE LAND CONVEYED TO O'SULLIVAN CORPORATION BY DEED DATED MAY 2, 1989
OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK FF IN DEED BOOK
712 AT PAGE 351.
MARK D. S ITH, L.S.
APPRO A
:1.7
REDERICK COUNTY SANITATION AUTHORITY
VIRGINIA EPARTMENT OF TRANSPORTATION
FR"COUNTY
LA�ING I SIO
FREDIVISION ADMINISTRATOR
En GREENWAYDYENGINEERING
Engineers HILL LANE
Surveyors WINCHESTER, VA. 22602
TELEPHONE: (540) 662-4185
Founded in 1971 FAX: (540) 722-9528
PARENT TAX
PARCEL
64-((A))-159H
O'SULLIVAN CORP.
ZONE, M-1 4 13-2
USE: VACANVIND.
V V J vV
MARK D. SMITH
No.002009
SUR.�
T I OF 3
0I(901PG1646
AREA TAcmLATlQN
LOT A ,
REMAINDER OF TRACT 1
(BY 5UBTR4CTION FROM EXISTING
RECORDS. NOT BY SURVEY)
to 20 SAN
SEU,ER
EASEMENT
lose shoot 3)
COMMON ACCESS A■ll2b9'
EASEMENT R■1$zD' �
IRS N 2�0052'52" W 154.12'' 20',
� I
�?aN-1�
la
I�
ICI
20' TEMP
GRADING -•►� �....
EBM'T
2.05.19 ACRES Ri
21.9421 ACRES 1:1e 044A,
6'
668 T
i PT
fa• em.el'
-R■1390�0'
PK NAIL
FND 6 b103571" W
112.18'
'A- 88' 28'19"
A.115ZI,
R.15zo,
ILI
ly
Q
z�
11J
Q�
tnno ''
lL
U.!
Q
I _ z
L
I EX RICK J
B^SEMENTANcE
WALL Z
I 50 1 EX 10' GP TELE CO
I L EASEMENT
CIRI: DB 696, F'G 641 4 6152
CONC IRS 8 W51'14" E 163.03' �Iw 6 45080'42" E
MON CONC 8 28-19'I0" E 49.82'
14,10 MO 53.25'
I 36'
N lra'0 6, 6Z6
z I I
t1 41'38-46�
LI I
4 20' WATER
LINE ESHT I HI
.I =I
LOT "All III
2.319 ACRE6 I 8j
zl
I
S 19'5I
1'14" E I I
26.00' � , I I -
MILLWOOD PIKE - U.S. ROUTE 114 50
NOT
VARIABLE R/W
S.-
W15AR FOUND. IRS ■ V?" REBAR SET.
2. BRL BUILDING RESTRICTION LINE.
3. NO TITLE REPORT FURNISHED.
4. 20' GENERAL UTILITY EASEMENT RESERVED ALONG ALL PROPERTY LINES AS PER
RESTRICTIVE COVENANTS IN DB 868, AT PG 10W.
5. WRIGHT OF WAY 15 RE6ERVED BY THE POTOMAC EDISON COMPANY ALOW
ALL EXISTING AND PROPOSED ELECTRICAL LINES AND STRUCTURES AS PER DB 88% AT PG 352.
FINAL SUBDIVISION PLAT
of a portion of they land of
O'SULLIVAN CORPORATION
LOT "A" WESTVIEW BUSNESS CENTRE
&4AUNEE DISTRICT, PREDERICK COwTY, VIRGMIA
SCALE: 1" • -15' DATE: 11/05MI
GREENWAY ENGINEERING
Engineers 151 WINDY HILL LANE
Surveyors WINCHESTER, VA. 22602
TELEPHONE: (540) 662-4185
n 1971 FAX: (540) 722-9528
MARK D. SMITH
No.002009
PG1641
M
.. R. 13�.¢ra'A•38'I •?Je'
143' LOT "A"
A■ II581, •hit 2)
R • 15.00'
/- 8 45'S0'42" E
4982'
8 28'19'I0' E
10-11,-5325'
w(P
w
I 8 16'21'48" E ' -1
3� A
221.4b' g 51 W 318b m
N 20'52152" W
154.12'
8 09'32'34" E .
2'54.5T I I Z 15'? • ' ' ' '
IF 1
x "'t%00
r . • l appr
►,w
z 4 20, S AN SEWER
EASEMENT
OC /
r N iv 8 15*32148" W
134.1e'
REMAINING LAND OF
Z 1 O"SULLI VAN CORPORATION
D5 112, PG 351
U
'O
m
Til
eo &A'131�
THE PARENT TRACT BOUNDARY INFORMATION SHOWN, ,
FR-M AVAILABLE RECORDS AND 18 NOT PURPO DHEOREON� BOO PREPARED
OF THE TRACT , PARCEL OR ANY PORTION OF THE BOUNDARY LINES. '4RY SURVEY
FINAL SUBDIVISION PLAT
of a portion of the land of
O'SULLIVAN CORPORATION
LOT "AH ujE8TVIEW BUSINESS CENTRE
8"AUNEE DISTRICT, FFEDERJCK C X14TY, VIRfsINIA x
SCALE: I" 200' DATE: MARK D. SMITH
GREENWAY ENGINEER NO•002009
A'
Engineers 151 WINDY HILL LANE N G
Surveyors WINCHESTER, VA. 22602 0
"
TELEPHONE: (540) 662-4185
Founded in 1971 FAX: (540) 722-9528 -
SHEET 3 nF 'A
g90 I fG 1648
VIRGINIA: FREDERICK COUNTY, SCT,
T is Instrument f wr tiny was ��pp��oduced me on the
day of - -_, 16�!2, atcZY& 0=1_
and with certificate of acknowledgment thereto annexed
was dmitted to record. Tax Imposed by Sec. 18.1-802 of
$-d1d , and 58.1-801 have been paid, If assessable.
4..e�T"Oa,-o, Clerk
PLATTING CHECKLIST
NAME & ADDRESS OF CONTACT PERSON:
'/- 4-mr-44F
DATE SUBDIVISION APPROVED: 2
SUBDIVISION NAME OR TYPE: 73L /¢-
PARENT PARCEL PIN NUMBER: 4
- 4- - /.5-f Z) W
NEW PARCEL PIN NUMBER: (o v - A - / " 4>
ROUTE NUMBER/ROAD NAME:
MAGISTERIAL DISTRICT:
TOTAL ACREAGE:
TOTAL NUMBER OF LOTS:
.2S
NUMBER OF RURAL PRESERVATION LOTS: 0
NUMBER OF AGRICULTURAL LOTS: D
NUMBER OF FAMILY DIVISION LOTS: (n
SIZE OF RESIDUAL PARCEL:
sy/=
J OAIR
6 55
RI
Winchester
flepional
AirpOtt
IND
� JI �0.
PK
b
er e �
( SCo ►c4 .
-off
,`iAs
�, 72
�o
O
srnw000 aoAAn
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\
iiU r r LICK
l HEIGI
BUS
SIYIE
-
7
\, 50
—
xaorl
CORP CTRg
c�723
�-
VICINITY MAP
ti Fi- Rs
SCALE: 1"=2000' Loot"Ac
00
PLAT SHOWING
BOUNDARY LINE ADJUSTMENT
BETWEEN THE PROPERTY OF
GEORGE W. GLAIZE, JR. AND CAROL YN G. GLAIZE
DEED BOOK 796 PAGE 1471
AND
GEORGE W. GLAIZE, JR., TRUSTEE OF TIIE
GEORGE Tv: GLAIZE, JR. PROFIT SHARING TRUST
DEED BOOK 607 PAGE 661
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, WRGINIA
APPROVED BY
zz� Subdivision Administrator 0. Date m
—/,-'9/9(.
OWNERS' CERTIFICATE
The above and foregoing Boundary Line Adjustment between the property of George W. Glaize, Jr. and
Carolyn G. Glaize and George IN. Glaize, ✓r., Trustee of The George W. Glaize, Jr. Profit Sharing Trust, as
shown on the accompanying plat, is made with the consent and in accordance with undersigned owners,
proprietors, and trustees, if any.
z� zy/9i
Dat - Date
a
�.OQ.t-�c..- Io►a�19r'�
a e Date
N07ARY_ PUBLIC
/� 1, J)1 f'/1rI(~ L'' Cl N/.�,�// a^Notary Public in and for the state of Virginia at
large, do certify that Vf%rf7 G&Z and
6rolya 61 it Z
whose names are signed
to the foregoing Owners' Certificate, have acknowledged the some before me in my state.
Given under my hand this o�C� day of �G%0C'A? 1996.
My commission expires & c3//!i& o
f,C�
SURVEYOR'S CERTIFICATE
I hereby certify that the land contoined in this Boundary Line Adjustment is the some land conveyed
to George W. Glaize, Jr. and Carolyn G. Glaize by deed doted May 4th, 1993, as recorded in Deed Book
796 at Page 1471, and George W Glaize, Jr., Trustee Of The George W. Glolze, Jr. Profit Sharing Trust by
deed dated December 121h, 1985, as recorded in Deed Book 607 at Page 661 among the d records
of Frederick County, Virginia.
r
LTH OF DS.W. MARSH, L.S.
lSheet
(CERT.
1 of 2
W. MARSH DATE: OCTOBER 21, 1996 SCALE: 1"=150' PLAT y: BLA-WVBP.DWG
NO. �(
1843 MARSH RSH Sc LEGGE
<1 4-4 p4 Land Surveyors, P.L.C.
r "Vb �,� 199 North Cameron Street Winchester, Virginia 22601
.
�l. SURD .�
�►-� �'� (540) 667-0468 Pax: (540) 667-0469
r
LTH OF
O�
O
t�
VICTORY LANE - ROUTE:728
(VARIABLE R/W)
L=332.48' NN 5. :7, E
_ _ ► " J-N 3B J7 T j 22566,
1 22 s' W
50
I BR.L. 7854' W
1 ho
to �
zo 1 mf �W I;, • 1
I �
PARCEL 2Fz h
1 10.2059 ACRES I
I P.I.N. 64-((A))-159D
SIN Qom- I I
ui
o �I I I of
I 1 I i
I Iw
PROPERTY N
LINES HEREBY
VACATEp ✓ o
I ICo 1 ` S 217526" W
I 63.79'
.R = 5000I L = 83.45' �
I S 747226" E lAJ
S.W. MARSH
CERT. NO.
1843 J
U
12.75'
.T4 +
REMAINDER OF GLAZE
79.0526 ACRES
P. L N. 64-((A))-159F
TANGENT TABLE
LINE
_DIRECTION
DISTANCE
A
S 1105 29" W
115.76'
B
N 785431" W
47.16
PJ N 64-((A))-159D
ZONED. Ml USE. VACANT
P.I.N. 64-((A))-159F
ZONED. M1 USE.- VACANT
AREA TABULA 110N
P.I.N. 64-((A))-159D
ORIGINAL AREA - Z 7485 ACRES
ADJUSTED AREA - 10.2059 ACRES
P.M. 64-((A))-159F
ORIGINAL AREA - 81.5100 ACRES
ADJUSTED AREA - 79.0526 ACRES
ATE: OCTOBER 21, 1996 ' SCALE: 1"=150' 1 PLAT #: BLA—WVBP.OWG
MARSH & ILEGGE
Land Surveyors, P.L.C.
139 North Cameron Street Winchester, Virginia 22601
(540) 667-M Far: (540) 667M9
Sheet 2 of 2
PLATTING CHECKLIST
NAME & ADDRESS OF CONTACT PERSON:
DATE SUBDIVISION APPROVED:
SUBDIVISION NAME OR TYPE:
PARENT PARCEL PIN NUMBER: 4 4-- /.S7-f D tr
NEW PARCEL PIN NUMBER: w V - A - / 5-1 'D
ROUTE NUMBER/ROAD NAME:
MAGISTERIAL DISTRICT:
TOTAL ACREAGE:
TOTAL NUMBER OF LOTS:
2� �
NUMBER OF RURAL PRESERVATION LOTS: 0
NUMBER OF AGRICULTURAL LOTS:
NUMBER OF FAMILY DIVISION LOTS: tn
SIZE OF RESIDUAL PARCEL:
!;5 /
0
0
l P ew
Rt b�
Winchester
Repiond
0
t
i4s
Airport
ZPK
Tel
�IRPO
q
/ 72
O
frMW000 RO
@tR0
17
HEIG
BUS
.� o° �/
S IVIE
1
50
anon
^
CTR
j
/
G ..
�/� CORP CTR
\\�
423
��Fr FRs
VICINITY MAP
SCALE: 1"=2000' WAY
n4SSPn�44a
PLAT SHOWING
DOUNDAR37 LINE ADJUSTMENT
BETWEEN THE PROPERTY OF
GEORC.E TV. GLAIZE, JR. AND CAROLYN G. GLAIZE
DEED BOOK 796 PAGE 1471
AND
GEORGE W. GLAIZE, JR., TRUSTEE OF THE
GF,ORGE Jr. GLAIZE, JR. PROFIT SHARING TRUST
DEED BOOK 607 PAGE 661
SHAWNEE AMG1STER/AL DISTRICT
fREDERICK COUNTY, WRGINIA
APPROVED BY
Subdivision Administrator Date B
OWNERS' CERTIFICATE
The above and foregoing Boundary Line Adjustment between the property of George W. Glaize, Jr. and
Carolyn G. Glaize and George IN. Glaize, Jr., Trustee of The George W. Gloize, Jr. Profit Sharing Trust, as
shown on the accompanying plat, is made with the consent and in accordance with undersigned owners,
proprietors, and trustees, if any.
y7!
Dates Date
a.t to a
ate Dote
NOTARY_ PUBLIC
/C; 6 I - Ate �%)/t/i(ICt1NiS�h�// a Notary Public in and for the state of Virginia at
large, do certifythat —6—fi?iGC� t) • G//z e •r•/1ii ViehtG�/c. Q/I dQS /7Us facn'd�'
6rol"n 6111z 1J—
whose names are signed
to the foregoing Owners' Certificate, have acknowledged the some before me in my state.
Given under my hand thisl— day of 060elo— 1996.
My commission expires & /o& Olt"A
SURVEYOR'S CERTIFICATE
l hereby certify that the land contained in this Boundary Line Adjustment is the some land conveyed
to George W. Glaize, Jr. and Carolyn G. Glaize by deed dated May 4th, 199J, as recorded in Deed Book
796 at Page 1471, and George W Glaize, Jr., Trustee Of The George W. Glaize, Jr. Profit Sharing Trust by
deed dated December 12th, 1985, as recorded in Deed Book 607 at Page 661 among the d records
of Frederick County, Virginia.
r
,NLTH OF y S.W. MARSH, L.S.
�- r
o
� Sheet 1 of 2
U S.W. MARSH DATE: OCTOBER 21, 1996 SCALE: 1"=150' 1 PLAT y: BLA-WVBP.DWG
CERT. NO.
1843 MARSH & II.d1EGGE
4' Land Surveyors, P.L.C.
40 139 North Cameron Street Winchester. Vtrginta 22601
SURv�'iO
(MO) 66740 Pax: (RO) 66740
``
FC
Ld
�i
14CTORY LANE -- ROUT 728
(VARIABLE R/W)
L=332.48'--�N•�551`?734+Cr ss�
"
Rr 5000(
7854' W
( ro ;i
Vt.
I �
I PARCEL 2 h
10.2059 ACRES
(P.1.N. 64-((A))-159D
O(
r(it
I
� I ` w
-- PROPERTY
fS F/£—&y VACgTEO o
( S 217526" W
63.79'
R = 50.00' �
L = 83.45' 6
S 742226"
\` S 5135 12.75' • `'o.
1y 4�
Nc0, p
q��9\
iZ' I
? I � T /• � PGA'
.01
AI
Y Q,
p0 �
a
ti
OF �r
�o �A
U S.W. MARSH
CERT. NO.
1843
19z� SURO,,m,
N 11:39'38" E
57•
REMAINDER
OF GLAIZE
79.0526
ACRES
R I N. 64-((A))-159F
TANGENT TABLE
LINE
DIRECTION
DISTANCE
A
S 1105 29" W
I
115.,76'
B
N 7854'31" W
47.16
P.I. N 64-((A))-159D
ZONED: M1 USE- VACANT
ZONED: M1 USE- VACANT
AREA TABULA77ON
P.I.N. 64-((A))-159D
ORIGINAL AREA - Z 7465 ACRES
AD✓US7ED AREA - 10.2059 ACRES
P.1. N. 64-((A))-159F
ORIGINAL AREA - 81.5100 ACRES
ADJUSTED AREA - 79.0526 ACRES
ATE: OCTOBER 21, 1996 I SCALE. 1"=150' 1 PLAT y: BLA-WVBP.DWG
MARSH & ILEGGE
Land Surveyors, P.L.C.
139 North Cameron Street Winchester, Virginia 22601
(540) 667-M68 Far: (540) 667-M9
Sheet 2 of 2
s
November 3, 1988
Mr. George W. Glaize, Jr.
817 Dutton Place
Winchester, Virginia 22601
Dear Mr. Glaize:
{ .V
COUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
This letter is to confirm the Frederick County Planning Commission's action at
their meeting of November 2, 1988:
Approval of Final Subdivision Plat of Airport Corporate Center, zoned M-1, for
business and industrial uses on one lot (30.0000 acres). This property is
located on US Route 50 East in the Shawnee Magisterial District.
If you have any questions regarding your subdivision, please do not hesitate to
call this office.
Sincerely,
,44�A5��' .
Robert W. Watkins
Planning Director
RWW/dkg
I9 Court Square - P.O. Box 601 Winchester, Virginia - 22601
SUBDIVISION
Airport Corporate Center
1 Lot (30.0000 Acres)
Zoned M-1 (Industrial Limited)
LOCATION: US Route 50 East
MAGISTERIAL DISTRICT: Shawnee
ADJACENT LAND USE AND ZONING: Vacant land and business uses, zoned M-1 (Light
Industrial) and B-2 (Business General)
PROPOSED USE AND IMPROVEMENTS: Business and industrial uses
REVIEW EVALUATIONS:
VA Dept. of Highways & Transportation - No objection to subdivision. A
detailed site plan showing entrances and drainage facilities will be
required. This section of road for the Airport Corporate Center is not
currently in the State System, nor have plans for this development been
submitted for approval.
Sanitation Authority - Water and sewer are available.
Greenwood Fire Company - No comment.
Frederick County Fire Inspector - Since this is a subdivision plan and no
hydrants, fire lanes, or water main sizes are required to be shown, fire
protection comments will be done when construction plans are processed.
Inspections Department - Comments for this project will be given at time of
plans review, in order for us to determine the use group of the National BOCA
Building Code, 1987.
Planning and Zoning - No objection. The Final Subdivision Plan conforms with
the approved Master Development Plan. Part of the lot is zoned B-2 and part
is zoned M-1.
STAFF RECOMMENDATIONS: Approval.
DATE: October 10, 1988
APPLICANT/AGENT:
ADDRESS:
PHONE:
APPLICATION AND CHECKLIST FOR
SUBDIVISION
IN THE
COUNTY OF FREDERICK, VIRGINIA
APPLICATION NUMBER:
FEE PAID: $26.00
George W. Glaize, Jr.
chester, Vir
-662-5058
The following checklist serves solely to aid the staff, Planning
Commission, and Board of Supervisors in reviewing your application.
Please complete this checklist and submit it with your proposal.
BACKGROUND INFORMATION
1. Location of property: US Route 50 East, Frederick County, VA
2. Property tax map and identification number:
3. Property zoning and present use: M-1 B-2
4. Adjoining property zoning and present use: M-1 B-2 Agri
5. Magisterial District: Shawnee District
6. Master Development Plan Application #:
7. Type(s) of housing proposed: None
8. Total number of lots: 30 Acres
9. What is the subdivision's name? Airport Corporate Center
PRELIMINARY AND FINAL RECORD PLAT
1. Is the subdivision plat the same as the approved
final Master Development Plat? yes_ no_
2. Are the phases or sections shown for recordation
the same as the phases/sections shown on the
Master Development Plat? yes_ no
`SUBDIVISION REQUEST Page 2
3. Are easements through adjoining property needed? yes no
4. Are all easements shown? - sewer
- water
- drainage
- others
5.
What is the total Bond estimate?
- for sewage
- for water
- for erosin & sedimentation
- others
6.
Do building sites conform with Zoning Ordinance
requirements?
yes_
no_
7.
Are fire hydrants shown?
yes
no
8.
Have the following items been checked or shown:
a. Lots
yes_
no
- size, width
yes
no-
- zoning conformance
yes_
no
- orientation
yes
no—
b. Streets
yes_
no
- alignment and layout
yes
no
service drives
yes_
no-
- approach angles
yes_
no_
- Virginia Department of Highways and
Transportation conformance
yes
no
9.
Have all street names been shown?
yes
no
10.
Do street names duplicate any existing streets?
yes
no
11.
Are street sign locations shown?
yes
no
12.
Are all monument locations shown?
yes
no
- concrete?
yes_
no
- iron pipe?
yes
no
1. Is the plat stamped and certified? yes no
2. Is there an owners statement? yes no
3. Nine copies and reproducable copy
to the Planning Department? yes no
� e
• -SUBDIVISION REQUEST
Page
3
4. Have detailed construction plans been prepared for:
- streets
yes
no
- water lines
yes_
no_
- sewer lines
yes
no
- storm drainage
yes_
no
- common areas
yes
no
- others
yes
no
5. Have the following been shown on the plat?
1)
Approval signature space
yes_
no_
2)
Match lines
yes
no
3)
Page numbers
yes_
no_
4)
Subdivision name
yes_
no
5)
Owner
yes_
no
6)
Subdivider
yes_
no-
7)
Surveyor or engineer
yes_
no_
8)
Date of drawing
yes
no
9)
Number of sheets
yes_
no_
10)
North point and scale
yes
no
11)
Location insert map
yes_
no
12)
Adjoining roads and landmarks
yes
no_-
13)
Boundary survey
yes_
no
14)
Total acreage
yes
no-
15)
Location of existing buildings
yes_
no
16)
Existing streets and easements
yes
no
17)
Complete drainage layout
yes_
no
18)
Flood plain
yes
not
19)
Street cross-section
yes_
no_
20)
Contours
yes_
no
21)
Sewer and water layout
yes_
no
22)
Public use parcels
yes
no_
6. Are protective convenants and deeds in conformance with
zoning requirements? yes no
NOTES:
Please submit this application/checklist to the Department of Plannning
and Development along with any fees and plats required.
COUNTY of FREDERICK
Departments of Planning and Building
M E M O R A N D U M 703/665-5650
TO:
Virginia Department of Transportation
, ATTN:
Mr.
William H.
Bushman
Sanitation Authority
ATTN:
Mr.
Wellington
Jones
Inspections Department
, ATTN:
Mr.
Kenneth L.
Coffelt
Greenwood Fire Company
, ATTN:
Mr.
Walt Cunningham
Frederick County Fire Inspector
, ATTN:
Mr.
Douglas A.
Kiracofe
Planning and Zoning Department
ATTN:
Mr.
Stephen M.
Gyurisin
FROM: Robert W. Watkins, Director
DATE:
October 17, 1988
SUBJECT: Review Comments On: Conditional
Use
Permit
Site Plan
X Subdivision Master Development Plan
We are reviewing the enclosed request by Airport Corporate Center
or their representative, George W. Glaize, Jr. 662-5058
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
COUNTY of FREDERICK
Departments of Planning and Building
M E M O R A N D U M 703/665-5650
�,v
TO: C Z
Virginia Department of Transportation , ATTN: Mr. William H. Bushman
Sanitation Authority , ATTN: Mr. Wellington Jones
Inspections Department , ATTN: Mr. Kenneth L. Coffelt
Greenwood Fire Company , ATTN: Mr. Walt Cunningham
Frederick County Fire Inspector , ATTN: Mr. Douglas A. Kiracofe
Planning and Zoning Department ATTN: Mr. Stephen M. Gyurisin
F1
FROM: Robert W. Watkins, Director DATE: October 17, 1988
0
SUBJECT: Review Comments On: Conditional Use Permit rSit Plan
X Subdivision Master Development Plan
We are reviewing the enclosed request by Airport Corporate Center
or their representative, George W. Glaize, Jr. 662-5058
Will you please review the attached and return your comments to me as soon as
possible.
---------------------------------------------------------------------------------
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
1V0 OBJECTION TO SUBDIVISION, A DETAILED SITE PLAN SHOWING ENTRANCES
AND DRAINAGE FACILITIES WILL BE REQUIRED, THIS SECTION GF ROAD FOR
AIRPORT CORPORATE CENTER IS NOT CURRENTLY IN THE STATE SYSTEM, NOR
HAVE PLANS FOR THIS DEVELOPMENT BEEN SUBMITTED FOR APPROVAL,
Signature Date / p — / 9 - 8 g
9 Court Square - P.O. Box 601 Winchester, Virginia - 22601
F-077-1717"I COUNTY of FREDERICK
a��f
µ� O R A N D U M
Departments of Planning and Building
703/665-5650
TO: -
Virginia Department of Transportation , ATT Mr. William H. Bushman
Sanitation Authority v ATTN: Mr. Wellington Jones f
Inspections Department , ATTN: Mr. Kenneth L. Coffelt
Greenwood Fire Company , ATTN: Mr. Walt Cunningham
Frederick County Fire Inspector , ATTN: Mr. Douglas A. Kiracofe
Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin
FROM: Robert W. Watkins, Director DATE: October 17, 1988
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
X Subdivision Master Development Plan
We are reviewing the enclosed request by Airport Corporate Center
or their representative, George W. Glaize, Jr. 662-5058
Will you please review the attached and return your comments to me as soon as
possible.
--------------- 7-----------------------------------------------------------------
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
Signature Date Oc'T
9 Court Square - P.O. Box 001 t 4*P*,�P'Winchester,' Virginia 22601
COUNTY of FREDERICK
Departments of Planning and Building
M E M 0 R A N D U M 703/665-5650
TO:
Virginia Department of Transportation , ATTN: Mr. William H. Bushman
Sanitation Authorit
ATTN: Mr. Wellington Jones
Inspections Department
ATTN:
Mr.
Kenneth L. Coffelt
Greenwood Fire Company
, ATTN:
Mr.
Walt Cunningham
Frederick County Fire Inspector
ATTN:
Mr.
Douglas A. Kiracofe
Planning and Zoning Department
, ATTN:
Mr.
Stephen M. Gyurisin
FROM: Robert W. Watkins, Director DATE: October 17, 1988
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
X Subdivision
Master Development Plan
We are reviewing the enclosed request by Airport Corporate Center
or their representative, George W. Glaize, Jr. 662-5058
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COIvLMENTS:
IS, 1 6 /.S d
v!
�C fc i"J'YI1s9C-- T�` �G.�� �j 0�'X/ L� 7' 7 /Vi��i0,,j
4
Signature s Date "/e-1
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 703/665-5650
TO:
Virginia Department of Transportation , ATTN: Mr. William H. Bushman
Sanitation Authorit
ATTN: Mr. Wellington Jones
Inspections Department
ATTN:
Mr.
Kenneth L. Coffelt
Greenwood Fire Company
ATTN:
Mr.
Walt Cunningham
Frederick County Fire Inspector
ATTN:
Mr.
Douglas A. Kiracofe
Planning and Zoning Department
, ATTN:
Mr.
Stephen M. Gyurisin
FROM: Robert W. Watkins, Director DATE: October 17, 1988
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
X Subdivision
Master Development Plan
We are reviewing the enclosed request by Airport Corporate Center
or their representative, George W. Glaize, Jr. 662-5058
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 /�e4e-'� - xol�
9 Court Square - P.O. Box 601 £`� Winchester, Virginia 5` - 22601
COUNTY of FREDERICK
Departments of Planning and Building
M E M 0 R A N D U M 703/665-5650
TO:
Virginia Department of Transportation , ATTN: Mr. William H. Bushman
Sanitation Authority
ATTN:
Mr.
Wellington
Jones
Inspections Department
ATTN:
Mr.
Kenneth L.
Coffelt
Greenwood Fire Company
, ATTN:
Mr.
Walt Cunningham
Frederick County Fire Inspector
ATTN:
Mr.
Douglas A.
Kiracofe
Planning and Zoning Department
, ATTN:
Mr.
Stephen M.
Gyurisin
FROM: Robert W. Watkins. Director
SUBJECT: Review Comments On:
X Subdivision
DATE: October 17, 1988
Conditional Use Permit
Master Development Plan
Site Plan
We are reviewing the enclosed request by Airport Corporate Center
or their representative, George W. Glaize, Jr. 662-5058
Will you please review the attached and return your comments to me as soon as
possible.
/THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
/�/ /�� ��/ � / �C" l � / �'� CSC / / 4 � i✓i �f� f� '�'_� {�C7`� C`�� ! /Q/l �
Signatur / Date
9 Court Square - P.O. Box 601 Winchester, Virginia - 22601'.
MINOR SUBDIVISION PLAT
LAND OF GEORGE GLA /ZE
SHAWNEE DISTRICT, FREE=DERICK COUNTY, VIRGINIA ✓✓�/
o i i et'' �Tl\�/-(TJj�%J o� � y.�=.• � i��111), .���3 >� � s ) .e. J..
63�:
-/-Winchester\Municipal
it ort
ITE
_SURVEYORS CERTIFICATE
I Hereby Certify That The Land Contained In This Subdivision Is A Pion
Of The Land Conveyed To George Glaize By Deed December 13, 1985, And
Recorded In Deed Book 607 At Page 669, And Is Also A Portion Of The Land
Conveyed By Deed Dated December 12, 1985, And Recorded In Deed Book '607
At Page 665 , And Also A Portion Of The Land Conve ed By Deed Dated
January 9, 1986, And Recorded In Deed Book 609 t ge 4. Among
The Land Records Of Frederick County, Virginia.
r David M. Furstenau L.S
OWNERS CERTIFICATE
The Above And Foregoing Subdivision Of The Land Of George Glaize. As
A ppears On The Accompanying Plat Is With The Free Consent And In Accordance
With The Desires Of The Undersigned Owners , Proprietors Or Trustees If
Any. �^
/ Date Dote
APPROVALS: L .H OVA
Va. Dept. Of Transportation
Frederick Co. Sanitation Authority O DAVIO M. RMSTENAU
Board Of Supervisors U �'
Subdivision Adminstrator NO.1455
FURSTENAU SURVEYING SCALE: As Shown
DATE ; Oct. 14, 1988
STEPHENS CITY, VIRGINIA 22655
Sheet I of 2
/I
RAD. DELTA ARC TAN. LriD. CHD. BRG.
~1390.00' 15057'19" 387.07' 194.80' 385.83' S 77040'46"W
1365.00' 23058'36" 571.21' 289.8�5' 567.05, S 73040'08"W
N / F I N / St ephens
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°'� PROPOSED ROAD
or
MINOR SUBDIVISION
FURSTENAU SURVEYING
STEPHENS CITY, VIRGINIA 22655
So'
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I PLAT SHOWING
A PORTION OF THE LAND OF
GEORGE GLAIZE
SHAWNEE DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCT.14,1988
SCALE: 1 "=250'
nwN. BY:
S h eet 2 of 2
I �
MINOR SUBDIVISION PLAT
LAND OF GEORG E GLA IZE
SHAWNEE DISTRICT , FREDERICK COUNTY, VIRGINIA
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Sn
SURVEYORS CERTIFICATE
I Hereby Certify That The Land Contained In This Subdivision Is A Fbrtion
Of The Land Conveyed To George Glaize By Deed December 13, 1985, And
Recorded I n Deed Book 607 At Page 669 , And Is Also A Portion Of The Land
Conveyed By Deed Dated December 12, 1985, And Recorded In Deed Book 607
At Page 665 , And Also A Portion Of The Land Conve ed B1.y Deed Dated
January 9, 1986, And Recorded In Deed Book 609 t ge 4. Among
The Land Records Of Frederick County, Virginia. �� _,/____�
David M. Furstenau
OWNERS CERTIFICATE
The Above And Foregoing Subdivision Of The Land Of George Glaize, As
Appears On The Accompanying Plat Is With The Free Consent And In Accordance
With The Desires Of The Undersigned Owners , Proprietors Or Trustees If
Any.
Date Date
APPROVALS � �,�sLTIH
Va. Dept. Of Transportation L%v O r�
Frederick Co. Sanitation Authority O DAVID M. fl1RSTENAU Z
Board Of Supervisors U >
NO. 1455
Subdivision Adminstrator���
-
FURSTENAU SURVEYING SCALE: As Shown
DATE', Oct. 1 4, 1988
STEPHENS CITY, VIRGINIA 22655
Sheet I of 2 ,
I
NO. RAD. DELTA ARC TAN. L.j. CHO. BRG.
1- 1390.00' 15057'19" 387.07' 194.80' 385.83' S 77040'46"W
2 1365.00' 23058'36" 571.21' 289.85' n$567.05' S 73040'08"W
9
N 0 F I N St ephe
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Ln D B 6 0 9'
44 I
` Ln
Pg 224 TRACT 1 a
30.0000 ACRES
Mor/
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S 28019'10"E
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S 45050'42"E
49.81 '
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]65.00 229.]8`
-67635' 27E O
14� D B 607
r � .0' Pg. 665 _
PROPOSED ROAD
MINOR SUBDIVISION
FURSTENAU SURVEYING
STEPHENS CITY, VIRGINIA 22655
'0'I
14L_�
I PLAT SHOWING
A PORTION OF THE LAND OF
GEORGE GLAIZE
SHAWNEE DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCT.'14,1988
SCALE: 1 "=250'
DWN. BY:
Sheet 2 of 2
` PR0?01KRY DEj;r--T
FOR DISCUSSIOX PURPOSES ONLY
DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS
FOR
AIRPORT CORPORATE CENTER, FREDERICK COUNTY, VIRGINIA
THIS DECLARATION OF PROTECTIVE COVENANTS AND RESTRIC-
TIONS made and entered into this --__ day of October, 1988, by
GEORGE W. GLAIZE, JR. and CAROLYN G. GLAIZE, his wife, and
GEORGE W. GLAIZE, JR., TRUSTEE OF THE GEORGE W. GLAIZE, JR.
PROFIT SHARING TRUST.
RECITALS
WHEREAS, the owner desires to create on the property and
any additions thereto a business center with open spaces and a
planned mix of office, light industrial and commercial uses,
and desires to provide for the preservation and enhancement of
the property values, amenities and opportunities within the
Property and for the maintenance of the real estate and
improvements thereon, and to this end desires to subject the
Property to the covenants, restrictions, easements, charges
and liens hereinafter set forth.
NOW, THEREFORE, WITNESSETH:
That Declarant, GEORGE W. GLAIZE, JR. and CAROLYN G.
GLAIZE, his wife, hereby declare that the said Property
described in Schedule A, and any additional property that may
subsequently be subjected to this Declaration by Declarant, is
and shall be held, transferred, sold, conveyed and occupied
subject to the covenants, restrictions, easements, charges and
liens hereinafter set forth. The Declaration shall run with
the land and every part thereof and shall be binding upon and
•
inure to the benefit of all Owners, lessees, licensees,
Occupants and their successors as set forth in this
Declaration. The capitalized terms used herein shall have the
meanings as defined in Article X of this Declaration.
Masculine singular pronouns are used only as a matter of
convenience and shall be construed to include persons of any
gender or number.
ARTICLE I
PURPOSE
1.01. It is the purpose of this Declaration to assure
the orderly and attractive development of the Property in an
efficient and harmonious manner, to preserve and enhance
property values, amenities and opportunities within the
Property, to promote the health and safety of the Occupants
and to maintain a harmonious relationship among the structures
and the natural vegetation and topography thereon. This
Declaration is designed to complement the Frederick County
Zoning Ordinance and other local and state government
regulations and ordinances, and where conflicts occur, the
more rigid requirement shall prevail.
ARTICLE II
PERMITTED AND PROHIBITED USES
2.01. PERMITTED USES.
(a) No portion of the Property shall be used
except for one or more of the following permitted uses, as
defined in the Frederick County Zoning Ordinance in effect as
of the date hereof, and uses accessory thereto, provided such
operation and use is performed and carried out entirely within
2
r
a Building that is designed and constructed in such manner
that the operation and use shall not cause or produce a
nuisance, as set forth in Section 2.02. below:
(1) The following uses are permitted by right:
(i)
Business service and supply service
establishments.
Communication facilities
Establishments for scientific research,
development and training, and light
manufacturing compatible with such
scientific uses.
(iv)
Clean room manufacture, research and
development, assembly, testing and
repair of components, devices, equipment
and systems and parts and components
such as, but not limited to, the
following examples:
coils, tubes, semi -conductors
communication, navigation control,
transmission and reception equipment
control equipment and systems,
guidance equipment and systems
data processing equipment and
systems
glass edging, beveling and silvering
graphics, art equipment
metering instruments
optical devices, equipment and
systems
phonographs, audio units, radio
equipment and television equipment
photographic equipment
radar, infrared and ultra -violet
equipment and systems
scientific mechanical instruments
and testing equipment
computer assembly
pharmaceutical manufacture.
(v)
Medical care facilities.
(vi)
Offices, corporate offices and
headquarters.
(vii)
Personal service establishments (not
including massage establishments).
(viii)
Public uses.
(2) The following uses are permitted with the prior
written consent of Declarant, not to be unreasonably withheld:
(i) Child care centers.
Commercial indoor swimming pools, tennis
3
R
I
and similar courts with proper
screening.
(iii)
Cultural centers, museums and similar
facilities.
(iv)
Eating establishments (not including
fast food restaurants).
(v)
Educational institutions.
(vi)
Health clubs.
(vii)
Hotels, motels and conference centers.
(viii)
Private clubs and public benefit
associations.
(ix)
Quasi -public parks and playgrounds.
(3) The following uses are permitted with the prior
written consent of Declarant, which may be conditioned or
withheld at Declarant's sole unfettered discretion:
(i)
Retail establishments primarily for
convenience of occupants of the Park,
including but not limited to, fast food
restaurants, car washes, quick service
food stores, dry cleaners.
(ii)
Theatres.
(iii)
Warehousing establishments.
(iv)
Wholesale trade establishments.
(v)
Banks and branch banks with drive-in
facilities, financial institutions.
(vi)
Other uses which may be permitted under
the zoning classification applicable to
the Property as provided in the Zoning
Ordinance in effect at the time.
2.02. PROHIBITED USES.
(a) No portion of the Property shall be used
for any use other than those listed in Section 2.01(1) above,
and uses accessory thereto, unless prior written approval is
obtained from the Declarant.
(b) No communication towers, satellite earth
stations, dish antennae, or exterior radio/TV antennae shall
be permitted without the prior written consent of the
Architectural Review Board (the "Board"), as provided in
Article V, which consent shall not be unreasonably withheld.
(c) Approval from any public agency
W
r
I
notwithstanding, no operation will be permitted which creates
objectionable noise, smoke, odors or which in any other way,
in the opinion of the Board, will constitute a nuisance or
degrade the value of the real estate within the Property.
(d) No rubbish or debris of any kind shall
be placed or permitted to accumulate upon or adjacent to any
Site, except in approved waste containers in screened areas in
locations at the rear or sides of Building approved by the
Board.
ARTICLE III
DEVELOPMENT STANDARDS
3.01. PLAN APPROVAL REQUIRED. No Improvement shall
be constructed, erected, placed, altered, added to, maintained
or permitted to remain on the Property until the plans shall
have been submitted to and approved in writing by the
Architectural Review Board as provided in Article V; provided,
however, that said approval requirements shall not apply to
Declarant with respect to development of Common Areas of the
installation of streets, walkways, utilities and other public
facilities to serve any Lot or Site. The Board shall have the
authority to promulgate reasonable Development Guidelines
("Development Guidelines"), designed to implement the
objectives of this Declaration. The Development Guidelines
may be amended from time to time by the Board. Copies of the
Development Guidelines and any amendments thereof shall be
provided to each Owner.
3.02. BUILDING LINES. All setbacks shall be subject
to approval of the Board. No Building shall be located on any
5
one or more Lots nearer to the Lot line than the following
minimum setbacks, without the consent of the Board:
(a) Front yard setback - Fifty (50) feet, or
twenty-five (25) feet from the landscape easement on the Lot,
whichever is greater. Corner lots shall be considered as
having two front yards.
(b) Side yard setback - Twenty-five (25)
feet.
(c) Rear yard setback - Twenty-five (25)
feet.
3.03. SITE DESIGN. Design of the Property as a total
integrated complex is required. Building design in terms of
massing, scale, color and circulation shall relate to adjacent
Buildings and to the total development. Orientation of uses
shall be based upon site considerations, uses of adjoining
Buildings, visual impact and overall circulation patterns.
When multiple structures are planned as part of a project
under single ownership, they shall be designed in a unified
architectural and spatial manner.
3.04. BUILDING MATERIALS AND DESIGN.
A. Exterior Walls. Exterior wall materials
shall be subject to review and approval by the Board and shall
be brick or glass or their respective substitute approved by
the Board, or such other materials as may be approved by the
Board.
B. Exterior Equipment. Exterior mechanical
and electrical equipment, including without limitation air
conditioning equipment, air handling equipment, transformers,
C:
transclosures, pump houses, communication towers, vents and
fans, whether mounted on the roof or walls of any Building or
on the ground, shall be placed or screened so that the
predominant design lines of the Building or structure continue
without visual distraction or interruption. If any such
equipment is not screened by the Building exterior walls, such
equipment shall be separately screened either by approved
building materials or otherwise, such as by berming or dense
landscaping. The height of any such screening shall be at
least equal to the height of the equipment to be screened.
All roof mounted equipment and screening for such equipment
shall be subject to review and approval by the Board.
3.05. AUTOMOBILE PARKING.
A. On -Site Parking Required. The Owner of
each Lot or Site shall provide adequate automobile parking on
such Owner's Lot or Site capable of accommodating the
reasonable parking needs of its employees, visitors and
company vehicles. No use or activity shall be permitted on
any Lot or Site of the Property, unless adequate parking is
provided on the Lot or Site for such use or activity in
accordance with the terms and conditions set forth herein; and
in the event that the parking requirements on any Lot or Site
increase as a result of a change in use of the Lot or Site or
as a result of an increase in the number of employees working
at the Site, it shall be the Owner's responsibility to provide
additional parking areas, as approved by the Board, either on
the Site or elsewhere, in order to accommodate such increased
parking requirements. Such additional parking areas shall be
VA
provided prior to, or concurrently with, the institution of
such changed use or the employment of such additional
employees.
B. Off -Site Parking. Each Owner or
Occupant of any Lot or Site shall use its best efforts to
prevent its employees, lessees, agents, contractors, customers
and visitors from parking on any public street within the
Property. If any Owner or Occupant of a Lot or Site, or any
of its employees, lessees, agents, contractors, customers or
visitors shall park their vehicles on any street within the
Property, and if such use is not discontinued after written
notice from the Airport Corporate Center Owners Association
(the "Association") or its authorized representative that such
use is in violation of this Declaration, the Association or
its authorized representative shall have the right to assess a
charge for each day that each vehicle is parked on a public
street in the amount of $25.00 or the then effective charge
for illegal parking in the County of Frederick, Virginia,
whichever is greater. Such charge, together with all costs
and expenses incurred by the Association in the enforcement of
this Section 3.05, shall be assessed against, and shall be
payable by, the Owner, regardless of whether it is such
Owner's vehicles that are parked on the street or the vehicles
of the Occupant of the Lot or Site, or of any of their
employees, agents, contractors, customers or visitors, it
being the responsibility of the Owner to see to it that such
vehicles are not parked on any street at any time.
Further, the Association shall have the right to cause
M.
vehicles parked on any Common Area or public street within the
Property to be removed by towing or otherwise to a licensed
garage for storage until called for by the owner of the
vehicle or his agent, provided that notice of such action
shall first or simultaneously therewith be given to at least
one of the local law -enforcement officers. In the event of
such removal or storage, the owner of the vehicle involved
shall be chargeable with and the said vehicle may be held for
a reasonable charge for its removal and storage.
C. Parking Area Standards. Parking areas
shall be paved with asphalt or concrete and shall have
concrete curbs around their perimeters. Other special paving
materials may be used to accent special entrance areas or
walkways, if approved by the Board. In the front and on the
side of Buildings, paved parking areas larger than twelve (12)
parking spaces shall have landscaped islands and areas
intermittently spaced, as approved by the Board.
D. Screening. All parking shall be
screened from view as well as possible by depressing grades,
by use of landscaping, and/or by earth berms.
3.06. TRUCK LOADING AND PARKING. All loading docks
shall be located in the rear of the Buildings or screened from
view so that trucks using such docks will not be readily
visible from public streets. All loading docks shall be
screened from view by the Building, by landscaping, walls or
decorative fencing as approved by the Board and shall be at
least the height of the vehicle(s) being screened from sight
Except during the process of loading or unloading, trucks and
commercial vehicles shall not be parked outside the Building
overnight, unless parked in the rear or in suitably screened
areas.
3.07. OUTSIDE STORAGE. No outside storage of any
type will be permitted without written approval of the Board.
When such approval is given, the outside storage area shall be
totally enclosed with a screen approved by the Board so that
storage is not visible from the neighboring Buildings or
property or the street.
3.O8. LANDSCAPING.
A. Landscape Plan. All open areas on each
Lot not occupied by Buildings and paved areas shall be
suitably graded and drained and shall be landscaped with
lawns, trees and shrubs. The landscape plan submitted to the
Board for approval as part of the Plans shall show such things
as the preservation of natural areas, the planting of trees,
shrubs and grass and installation of earth berms and screens
and optional underground sprinkling systems. Plant material
shall be in conformance with American Association of
Nurserymen Standards for Nursery Stock, latest edition (ANN).
Landscaping, as approved by the Board, shall be installed
within one planting season of occupancy or within six months
of substantial completion of any Building, whichever occurs
first, provided that an extension may be granted by the Board
in the event of inclement weather. The date of substantial
completion shall mean that date on which the exterior walls
and roof have been installed. The installation and
maintenance of all landscaping on each Site shall be done in a
10
good and workmanlike manner.
B. Maintenance. All landscaping on each
Lot, including landscaping located within any easements
reserved by Declarant for such purpose, shall be properly
maintained by the Owner of the Lot, which maintenance shall
include all necessary cutting, watering, fertilizing,
aerating, spraying, pruning and required replacements.
However, the Association may assume responsibility for the
maintenance of landscaping within the easement area reserved
to Declarant for landscaping and related purposes, as
described in Section 3.09 below. Dead or damaged planting
material shall be promptly replaced.
C. Tree Removal. No healthy tree with a
diameter exceeding eight (8) inches may be removed without the
approval of the Board, which approval shall not be
unreasonably withheld where removal of such trees is required
in connection with the location of a Building or paved area.
Reasonable care shall be exercised to preserve trees and
assure that they remain healthy.
3.09. EASEMENT FOR LANDSCAPING AND RELATED PURPOSES;
COVENANT TO DEDICATE FOR STREET WIDENING.
A. Easement Abutting Public Streets. There
shall be and is hereby reserved to Declarant a perpetual and
nonexclusive easement over any Common Area, for the purpose of
erecting and maintaining street intersection signs,
directional signs, temporary promotional signs, lawns,
shrubbery, lighting, entrance features and/or "theme areas",
lights, stone, wood or masonry wall features and/or related
11
landscaping. Additional easement rights and areas for
landscaping and related purposes as described herein may also
be shown on plats of street dedication and/or subdivision of
portions of the Property, and may be reserved in deeds, which
may incorporate the provisions of this Section 3.09 by
reference.
3.10. EXTERIOR LIGHTING. All exterior lighting shall
be designed, erected, altered and maintained in accordance
with the final drawings and specifications as approved by the
Board. Lighting shall be•compatible and harmonious throughout
the entire Property and shall be in keeping with the specific
use of the Building. Lighting sources, except for street
lights, shall be screened from view. Minimum hours of
operation for display lighting and security lighting shall be
established by the Board of Directors of the Association and
shall be set forth in the Rules and Regulations to be
promulgated by the Association and distributed to all Owners.
If automobile and truck parking areas are illuminated, the
light sources shall be screened to reduce visible glare from
the street. All outside wirings for exterior lighting shall
be installed underground.
3.11. SIGNS AND GRAPHICS
A. Approval. All signs of every nature
shall be uniform and consistent with the overall development
of the Property and subject to the prior written approval of
the Board as to size, shape, color, material, design, wording
and location. The applicant shall also secure the appropriate
required sign permits from the County of Frederick.
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B. Building Wall Signs. One
building -mounted sign for business identification purposes
only shall be permitted for each street frontage of a
Building.
C. Names of Buildings or Developments. The
proposed names to be used on any Buildings or in connection
with any development in the Property must be submitted to the
Board for review, and written approval of the Board must be
obtained prior to any public use or display of such proposed
name, which approval shall not be unreasonably withheld.
D. Temporary Signs. Temporary signs may be
erected on a Lot or Site (i) by Persons offering for sale or
lease premises on such Lot or Site, or (ii) by builders,
lenders, and architects involved in the construction and
design of Buildings on such Lot or Site. These signs shall be
designed in accordance with the Development Guidelines, and
the design, size, location and number of signs shall be
subject to the prior approval of the Board. Signs offering
property for sale or lease shall be removed within thirty (30)
days after completion of sale or lease of the property.
Construction signs shall be removed within thirty (30) days of
completion of the shell of the Building.
3.12. UTILITIES
A. Utilities. All new utility lines,
including electrical and telecommunication lines, shall be
installed and maintained underground.
B. Reservation of Utility Easements.
Declarant shall have the right to create at any time by
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recordation of an appropriate instrument among the land
records of Frederick County, Virginia, temporary or perpetual
easements for the purpose of locating, installing and
maintaining utility and drainage lines, walkways and trails,
and the right of access to said easement areas for
construction, utility maintenance and emergency vehicles,
over, under, or across any and all lands within the Property
except (i) Building locations previously approved by the Board
and any applicable government authority or (ii) areas of a Lot
or Site which now or hereafter are reasonably set aside by the
Owner as proposed planned Building locations and which, if
submitted for governmental approval as a Building location,
Owner reasonably believes would satisfy all state, local and
federal regulations, statutes and ordinances, and which are
consistent with sound engineering and architectural principles
and practices. The Declarant shall have the right to assign
the benefit of any such easement to any electric company, gas
company, telephone company, cable television company,
communication company, Board of Supervisors of Frederick
County, Frederick County Sanitation Authority, or other public
utility or to the Commonwealth of Virginia, or any subdivision
thereof for the purpose of installing, operating and
maintaining utilities provided, however, that the Person that
directs any entry upon said land under any such easement shall
restore said land, at such Person's own expense, to as nearly
as practicable the same condition as existed prior to each
such entry, installation or maintenance. Such restoration
shall include the backfilling of trenches, the replacement of
14
fences and the resodding of lawns, the reseeding of pasture
and woodland areas, and the replacement of shrubbery, but not
the replacement of structures, trees or other natural
obstructions. For the purpose hereof "Utilities" shall
include gas mains and lines, electric cables and lines, water
supply mains and lines, storm water sewers, sanitary sewers,
telephone, telegraph and television and other communication
cables and lines, and other facilities of the nature from time
to time commonly regarded as utilities. No conveyance by
Declarant of any portion of the Property, or any interest
therein, shall be deemed to be, or construed as, a conveyance
or release of the right to create easements herein reserved,
even though such conveyance purports to convey such property
in fee simple or purports to convey Declarant's entire
interest therein.
3.13. CONSTRUCTION. Once commenced, construction
shall be diligently pursued to completion. No construction or
building materials, vehicles or mobile buildings shall be
located or stored within street rights -of -way or landscape
easements.
3.14. MAINTENANCE DURING CONSTRUCTION. During
construction the Owner shall be responsible for keeping the
premises in reasonably neat condition, preventing the
accumulation of trash, and shall prevent runoff of soil from
the Site onto adjacent property or the streets. Streets
providing access to a Lot or Site shall be cleaned daily by
the Owner or Owner's contractor to remove dirt resulting from
construction activity on behalf of said Owner. Any damage to
15
private streets, curbs, gutters and any disturbed off -site
areas shall be promptly repaired. Until all public streets
and rights -of -way providing access to the Property have been
accepted for inclusion in the State highway system and for
maintenance by the Virginia Department of Highways and
Transportation and all such responsibility for the maintenance
and repair of all such public streets and rights -of -way has
been fully assumed by the Virginia Department of Highways and
Transportation, each Owner shall be responsible for the prompt
repair of any damage to such streets and rights -of -way caused
in whole or in part, directly or indirectly, by any
construction activity taking place on the Owner's Lot or Site,
or by construction equipment, trucks and other vehicles or
equipment traveling to and from an Owner's Lot or Site,
including any damage to the pavement, curb and gutter, and
other improvements located within or adjacent to the said
streets or rights -of -way.
3.15. MAINTENANCE. No Building or other Improvement
on the Property shall be permitted by its Owner or Occupant to
fall into disrepair, and each such Building and other
improvement shall at all times be kept in good conditions and
repair, property maintained and adequately painted or
otherwise finished, clean and safe. All asphalt or concrete
pave surfaces shall be resurfaced or sealed as needed and all
potholes shall be promptly repaired. Unimproved sites shall
be maintained in a reasonably neat condition, free of debris.
3.16. STORM DRAINAGE SYSTEMS. Owners may participate
in any storm water management program established or to be
16
established for the Property by Declarant and/or the
Association designed to serve their properties by separate
agreement with the Declarant and/or the Association.
Participating Owners shall contribute to the cost of
installing and/or maintaining the common retention areas and
other shared storm water management facilities ("Storm Water
Management Facilities") on a contractual basis, as set forth
in the written agreements between the participating Owners and
the Declarant and/or the Association (the "Storm Water .
Management Facilities Agreement").
3.17 REZONING. For a period of fifteen years from
the date hereof, no Owner or contract purchaser of any Lot or
Site shall apply for rezoning, special use permit or special
exception for any part of the Property with the prior written
consent of the Declarant or the Board of Directors of the
Association, which consent may be granted or withheld in their
sole, unfettered discretion.
3.18. ENVIRONMENTAL PROTECTION. Owners and Occupants
shall comply with all federal, state and local governmental
statutes, ordinances and regulations relating to environmental
protection, in relation to the Property.
ARTICLE IV
PLAN APPROVAL PROCEDURES
4.01. REQUIRED PROCEDURES. The Owner or his
designated representative shall be required to present his
development proposals to the Board in at least two (2)
submissions.
4.02. PRELIMINARY SUBMISSION. There shall be a
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preliminary submission at which time the Owner or his
designated representative shall submit three (3) full sets of
preliminary plans and specifications at the scale set forth in
the development Guidelines, showing or stating at least the
following:
(a) Master plan for full development of the
Site;
(b) Site plan and schematic design of area
proposed for immediate development showing:
(1)' location of all structures,
easements, street rights -of -way, and set -back lines;
(2) location of all walks, parking
areas, off-street loading areas, driveways and outside
storage areas;
(3) location of all landscaping
features and existing trees to be preserved, and
limits of clearing and grading;
(4) Site coverage data and
calculations;
(5) parking data and calculations,
including base data for projected needs;
(6) Site drainage plans, data and
calculations; and
(7) Contour grading plan including spot
elevations at appropriate locations.
(c) Architectural Building elevation
drawings of each Building face including without limitation
materials to be used in their proper locations;
(d) Building materials and color
information, with samples to be submitted if available;
(e) Description of proposed uses.
Within thirty-one (31) days of the receipt of the
preliminary plans and specifications, a meeting shall be held
between the Board and the Owner or his designated
representatives and the Board shall provide to the Owner or
his designated representative written comments as to said
preliminary plans and specification for guidance in
preparation of the final construction drawings and
specifications. Within three business days of receipt of all
required plans and specifications, the Board shall so notify
the Owner in writing and the aforesaid thirty-one day period
shall commence on the date of such notification.
4.03. FINAL SUBMISSION. There shall be a final
submission to the Board at which time the Owner or his
designated representative shall submit detailed information in
writing regarding the proposed use of the Lot or Site, copies
of all applications for permits and any accompanying
correspondence, site plans, erosion and sedimentation control
plans and other plans to be submitted for governmental
approval and three (3) full sets of final construction
drawings and specifications (the "Plans") at the scale set
forth in the Development Guidelines, showing or stating all
aspects of the proposed development, including without
limitation the following:
(a) location of all structures, easements,
street rights -of -way, and set -back lines;
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(b) location of all walks, driveways and
curb lines;
(c) layout and location of all parking
areas, including location and dimensions of all spaces,
circulation aisles, curbs and bumpers;
(d) layout and location of all off-street
loading areas;
(e) layout and location of all outside
storage areas, including identification and size of the
material to be stores and -location and dimensions of all
fencing and screening;
(f) all landscaping, including location,
height, spread, type and number of trees and shrubs and
location and type of all ground cover and lawn material, and
existing trees and limits of clearing and grading;
(g) location, height, intensity and fixture
type of all exterior lighting;
(h) location, size and type of all pipes,
lines, conduits and appurtenant equipment and facilities for
the transmission of sanitary sewage, storm water, water, and
other utility services;
(i) location, size and type of all fencing;
N ) architectural floor plans, Building
levation, wall sections and details of each Building;
(k) Building material and color information,
including samples;
(1) temporary construction sign design;
(m) permanent sign design;
HE
(n) Site coverage data and calculations;
(o) parking data and calculations, including
base data for projected needs;
(p) Site drainage data and calculations,
including finished contour lines and spot elevations;
(q) description of proposed use; and
(r) such other data as may be specified in
the Development Guidelines.
4.04. SCALE AND DETAIL. All architectural plans and
construction drawing submitted shall be to a scale of not less
than one -quarter inch (1/4") equal to one foot (1'); and all
site plans submitted shall be to a scale of not less than one
inch (1") equal to fifty feet (50'), unless otherwise
specified in the Development Guidelines.
4.05 PRESUMPTION OF COMPLIANCE. Upon written
approval of the final Plans for the development of any Lot or
Site, as provided in section 4.08, subject only to any express
reservations or conditions contained in such approval, all
development shown by such Plans shall be deemed to comply with
the requirements of this Declaration. Upon written approval
of any specific variance or exception permitted by Section
8.01 hereof from the requirements of this Declaration, all
development conforming to such variance or exception shall be
deemed to comply with the requirements of this Declaration.
4.06. NO USE PRIOR TO APPROVAL. No Building,
structure or Improvement of any kind shall be commenced,
installed, erected, placed, assembled, altered, occupied or
permitted to remain on any Lot or Sipe, nor shall any use be
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commenced on any Lot or Site, unless and until the final Plans
for the same (including a description of the proposed use)
have been submitted to, reviewed and approved by the Board in
accordance with this Article IV. No Owner or Occupant shall
apply to any public authority for any construction or building
permits for any project before the final submission of the
development proposals to the Board.
4.07. CHANGES. No construction or use that is
inconsistent with, in addition to, or materially difference
from any previously approved Plans shall be commenced or
permitted until the Plans reflecting such change or addition
have been submitted to and approved by the Board in accordance
with this Article IV.
4.08. APPROVAL AND DISAPPROVAL.
A. Standards. The Board shall have the
right to disapprove the Plans and other specifications, or
details submitted to it if they are not in accordance with
this Declaration or the Development Guidelines, if they are
incomplete, or if the Board reasonably determines the Plans
and such specifications, or details, or any part thereof, to
be deficient from an engineering or design standpoint or to be
inferior to a degree determined to be contrary to the best
interest of the Property and the Owners. In this connection,
the Board may base its approval or disapproval on, among other
things, compliance with Articles II and III hereof, the
architectural design concept, the adequacy of Lot or Site
dimensions, conformity and harmony of external design with
neighboring Sites and types of operations and uses thereof,
22
relation to topography, grade and finished ground elevation of
the Lot or Site being improved to that of neighboring Sites,
proper facing of main elevation with respect to nearby
streets, adequacy of screening of mechanical, air conditioning
or rooftop installations, and conformity of the Plans to the
purpose and general plan and intent of this Declaration;
provided, however, that the height and density of the
development will not be restricted beyond the requirements of
the Frederick County Zoning Ordinance. The Board shall not
arbitrarily or unreasonably withhold its approval of any
Plans, but the decision of the Board shall be final.
B. Statement of Reasons for Disapproval.
In any case where the Board shall disapprove any preliminary
or final Plans submitted hereunder, or shall approve the same
only as modified or upon specified conditions, notice of such
disapproval or qualified approval shall be accompanied by a
statement of each specific reason therefor. In any such case,
the Board, if requested, shall make reasonable efforts to
assist and advise the applicant in the preparation of
acceptable final Plans, at the sole cost of the applicant.
C. Time for Approval. In the event the
Board fails to approve, disapprove or request any additions or
supplemental information relating to any final Plans within
thirty-one (31) days after such final Plans are fully
submitted, such plans shall be deemed to have been approved
and this Article IV shall be deemed to have been fully
complied with. Within three business days of receipt of all
required final Plans, the Board shall notify the Owner in
23
1
writing and the aforesaid thirty-one day period shall commence
on the date of such notification.
D. Liability for Violation. Any Person
violating this Article IV shall be liable for all costs
incurred by any Person who seeks to enjoin or otherwise remedy
such violations, including, but not limited to, attorney's
fees and court costs.
E. Copies. Upon approval by the Board of
any final Plans submitted hereunder, two (2) copies of such
final Plans, as approved, shall be retained by the Board.
F. Expiration of Approval. If work is not
commenced within one year from the date of such approval, then
the approval given pursuant to this Article IV shall be deemed
revoked by the Board, unless the Board extends the time for
commencing work. In any event, all work covered by such
approval shall be complete within three years of the
commencement thereof, except for such period of time as such
completion is rendered impossible or would result in great
hardship due to strikes, fires, national emergencies, critical
materials shortages, or other intervening forces beyond the
control of the Owner, lessee, licensee or Occupant or his
agent, unless the Board extends the time for completion.
Costs of Board to be reimbursed by Applicant.
ARTICLE V
ADMINISTRATION
5.01. AUTHORITY. This Declaration shall be
administered -by the Association, except for those functions
specifically reserved herein for Declarant.
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5.02. ESTABLISHMENT OF ARCHITECTURAL REVIEW BOARD.
A. Appointment of Board. An Architectural
Review Board shall be appointed as provided hereinafter and
shall be organized as follows:
(a) The Board shall consist of three
persons. At least one of the members of the Board shall be an
architect licensed to practice in Virginia, whose cost of
service shall be borne by the Association.
(b) The right to appoint and remove all
members of the Board.shall- be and is hereby vested solely in
Declarant, until such time as all of the Lots and Sites within
the Property have been developed or building plans for all
Lots and Sites have been approved, at which time the right to
appoint the members of the Board shall vest in the
Association, or at such earlier date as Declarant may elect.
The Board of Directors of the Association ("Association
Board") shall then have the right to appoint Board members by
plurality vote and to remove Board members by majority vote.
(c) During the period when the right to
appoint the members of the Board rests solely in Declarant, in
the event that Declarant fails to fill a vacancy on the Board
for more than ninety (90) days, the vacancy may be filled by
the Association Board.
B. Liability. Neither Declarant, the
Board, nor any member thereof, nor any agent of Declarant or
the Board shall have any liability of any kind in connection
with the performance of the duties of the Board.
5.03. PROPERTY OWNERS ASSOCIATION.
A. Establishment of Association. The
Declarant has established or shall establish a Property Owners
25
1
Association which shall be a non-profit organization
incorporated in the Commonwealth of Virginia for the purposes
hereinafter set forth. The name of the Association shall be
Corporate Airport Owners Association, or such other name as
Declarant may select.
B. Membership. The Owner of each Lot or
Site within the Property shall be a member of the Association,
and shall be bound by the Association's Bylaws. Each member's
proportionate voting power shall be based upon the sum of the
square footage of land in -a member's Site as a percentage of
the sum of the total square footage of all land in the
Property owned by members of the Association ("Assessable
Land"). When more than one Person holds an interest in any
Lot or Site, all such Persons shall be members and the vote
for such property shall be exercised as they among themselves
shall determine. The Person who shall be entitled to cast the
vote of the Owners of such Lot or Site shall be the Person
(who may be the agent of the Owners) named in a certificate
executed by all of the Owners of the lot or Site and filed
with the Secretary of the Association; however, in the absence
of such named Person from a meeting, another Owner of such Lot
or Site who is present at the meeting shall be entitled to
cast the vote for such Lot or Site, unless otherwise provided
in the certificate.
C. Board of Directors. The members of the
Board of Directors of the Association shall be elected by the
members of the Association, in accordance with the Bylaws of
the Association; provided, however, that the Declarant shall
26
have the right to appoint and remove a majority of the
Association Board until ninety-five percent (95%) of the
Assessable Land has been developed or final Plans have been
approved by the Board for development.
5.04. DUTIES AND FUNCTIONS OF ASSOCIATION.
(a) Subject to the provisions of its Bylaws,
the Association shall assume such duties and functions of the
Declarant provided herein as may be specifically transferred
to the Association by the Declarant. Other functions of the
Association shall include,• but not be limited to, maintenance
of all Common Areas, including snow removal, construction,
operation and maintenance of recreational facilities,
walkways, trails and other improvements on the Common Area;
payment of insurance premiums; payment of taxes on any Common
Area owned in fee simple by the Association; and
administration and enforcement of this Declaration, including
staff requirements and expenses for the operation of the
Association.
(b) Subject to the provisions of its Bylaws,
the Association may also assume responsibility for snow
removal from the streets, driveways and walkways within the
Property; maintenance of the lawns and shrubbery, signs,
lighting and walls within the easement area abutting the
public streets as reserved in Section 3.09; maintenance of
landscaping within public rights -of -way; and special
promotional events for the benefit and enjoyment of all Owners
and Occupants of Sites in the Property.
(c) Subject to the provisions of its Bylaws,
27
the Association may also assume responsibility for (i) the
installation and maintenance of Storm Water Management
Facilities, upon the terms and conditions set forth in Storm
Water Management Facilities Agreements, as provided in Section
3.16.
(d) The Association shall, upon demand, and
for a reasonable charge, furnish to any Owner or Mortgagee a
certificate signed by an officer of the Association stating
whether the assessments and charges on a specified Lot or Site
have been paid. A properly executed certificate of the
Association as to the status of assessments and charges on a
Lot or Site is binding upon the Association as of the date of
its issuance.
(e) The Association shall, upon request and
at reasonable times and places, make available to Owners and
Mortgagees copies of the Association Documents and all books,
records and financial statements of the Association. A
reasonable charge may be imposed for reproduction costs and
delivery of copies of such items.
(f) Any Owner or Mortgagee shall be entitled
to an unaudited financial statement for the preceding fiscal
year of the Association, prepared within sixty (60) days after
the close of the fiscal year and delivered at the expense of
the Association within a reasonable time following the Owner's
Or Mortgagee's request therefor.
(g) The association will give timely notice to any
Mortgagee requesting the same as to:
(i) any delinquency (unless cured within
28
sixty days) in the payment of assessments or other amounts
owed the Association by the Owner of a Lot or Sit on which
there is a Mortgage held by such Mortgagee;
(ii) any lapse, cancellation or material
modification of any insurance policy or fidelity bond
maintained by the Association; and
(iii) any proposed action which would amend
any provisions of the Association documents which are for the
express benefit of Mortgagees. '
5.05. COVENANT FOR ASSESSMENTS.
(a) The Declarant, George W. Glaize, Jr. and
Carolyn G. Glaize, hereby covenant and each Owner by
acceptance of a deed of real estate within the Property is
deemed to covenant and agree to pay the Association:
(i) annual general assessments or charges
for the performance of the duties and functions
of the Association as set forth in paragraphs
(a), (b), (d) and (e) of Section 5.04;
(ii) special assessments for any capital
improvements, but the amount of the special
assessments for capital improvements on the
Common Area or easement areas in any year shall
not exceed the amount of the general assessment
for that year without the assent of members
owning sixty-seven percent (67%) of the
Assessable Land;
(iii) special assessments to benefited Owners
for Storm Water Management Facilities, where
29
a
applicable;
(iv) special assessments levied against an
Owner and his Lot or Site to reimburse the
Association for costs incurred in bringing such
Owner and his Site into compliance with the
provisions of the Association Documents, which
special assessment may be levied upon the
majority vote of the Association Board after
notice and an opportunity for a hearing.
(b) Each member's annual general assessment
or charges and special assessment for capital improvements
shall be apportioned, based upon the sum of the square footage
of land in a member's Lot or Site as a percentage of
Assessable Land; provided, however, that vacant Lots or Sites
(including Lots on which no certificate of occupancy has been
issued for any portion of the Lot) shall be assessed at the
rate of twenty-five percent (250) of the annual assessment or
special assessment for capital improvements and, with respect
to the portion of the Property owned by Declarant, no
assessment or special assessment for capital improvements
shall be levied on a Site until construction of at least one
Building has commenced thereon, at which time the Site shall
be assessed at the rate of twenty-five percent (25%) of the
annual assessment or special assessment for capital
improvements until a certificate of occupancy has been issued
for the Building; and provided, further, that there shall be
no assessment for capital improvements on any portion of the
Property owned by Declarant. The amount of the assessments
30
i
will be determined by a majority vote of the Association
Board, at least thirty (30) days prior to an assessment
period, and written notice of the assessments and due dates
shall be sent to every Owner subject thereto.
The initial assessment for a vacant Lot or Site shall
be adjusted on a pro rota basis for the remainder of the
assessment period when a certificate of occupancy is issued
for a portion of such Lot or Site or, with respect to the
portion of the Property owned by Declarant, when construction
of at least one Building has commenced on the Site.
5.06. LIABILITY FOR ASSESSMENTS. The annual
assessments and special assessments for capital improvements,
Storm Water Management Facilities, and other charges provided
in this Declaration, together with such interest thereon and
costs of collections thereof, as hereinafter provided, shall
be a charge on the land and Improvements thereon and shall be
a continuing lien upon the Lot or Site against which each such
assessment is made. Each such assessment, together with
interest, costs and reasonable attorney's fees, shall also be
the personal obligation of the Person who was the Owner of
such Lot or Site at the time when the assessment fell due.
5.07. REMEDIES OF THE ASSOCIATION IN EVENT OF
DEFAULT. If any assessment or charge is not paid within
thirty (30) days after the due date, the assessment or charge
shall bear interest from the due date at the rate of eighteen
percent (18%) per annum. If an assessment or charge is not
paid by the due date, it shall become delinquent and the Board
may thereafter send a notice of such delinquency to the Owner,
31
in conformity with the provisions of Section 8.03, stating
that if the delinquent assessment or charge is not paid in
full within thirty days after the date of such notice the
Association Board shall thereafter file a written notice of
such delinquency (the "Lien Notice”) among the land records to
evidence the lien upon the Lot or Site against which such
assessment or charge was made. Such Lien Notice, setting
forth the amount of such unpaid assessment or charge, the name
of the Owner of the Lot or Site and the legal description of
the Lot or Site, shall be signed by an officer of the
Association and shall be recorded in the office of the Clerk
of the Circuit Court of Frederick County, Virginia. The
Association may bring an action as law against the Owner
personally obligated to pay the same to collect such
indebtedness and to enforce the lien against the property; and
interest, costs and reasonable attorney's fees of any such
action, including the filing of the Lien Notice, shall be
added to the amount of the assessments and charges due. No
Owner may waive or otherwise escape liability for the
assessments or charges provided for herein by non-use of the
Common Area or abandonment of his Lot or Site.
5.08. SUBORDINATION OF LIEN TO MORTGAGES. The lien
of the assessments and charges provided for herein shall be
subordinate to the lien of any Mortgage made in good faith and
for value. Sale or transfer of any Lot or parcel of land
shall not affect the assessment lien. However, the sale or
transfer of any Lot or parcel of land pursuant to a
foreclosure, or any deed or assignment in lieu thereof, shall
32
f
extinguish the lien of such assessments and charges as to
payments thereof which became due prior to such sale or
transfer. No sale or transfer shall relieve the grantee from
liability for any assessments and charges which thereafter
become due or from the lien thereof.
ARTICLE VI
ENFORCEMENT
6.01. PREVENTIVE REMEDIES. The Board, the
Association or any Owner, lessee or licensee may proceed at
law or in equity to preven.t the violation of this Declaration.
6.02. RIGHT OF ENTRY. During reasonable hours,
subject to reasonable security requirements, the Board, the
Association and their authorized representatives shall have
the right to enter any part of the Property, but not the
inside of Buildings, for the purpose of ascertaining whether
this Declaration has been or is being complied with. Any such
entry pursuant to Article VI hereof shall constitute an
authorized entry and the Association, the Board or their
agents and representative shall not be deemed liable for any
manner of trespass for such action.
6.03. ENFORCEMENT RIGHTS. The Association or its
duly authorized agents shall have the right, upon reasonable
notice, at any time and from time to time following violation.
or breach of this Declaration, (a) to enter upon the Lot or
Site upon or as to which said violation or breach exists and
summarily to abate and remove, at the expense of the Owner
thereof, any structure, object or condition that may be or
exist there contrary to the intent and meaning of this
33
Declaration (including, without in any way limiting the
generality of the foregoing, the care and maintenance of
landscaping and lawns, care and maintenance of Improvements,
removal of trash and debris, removal of dirt from streets
resulting from construction activity, abatement of nuisances,
removal or relocation of signs, etc.) and/or (b) to institute
a proceeding at law or in equity against the Persons who have
violated or are attempting to violate any of the provisions of
this Declaration, to enjoin or prevent them from doing so, to
cause said violation to be -remedied and/or to recover damages
for said violation. In the event, pursuant to this paragraph,
the duly authorized agents of the Association enter upon any
Lot or Site for the purpose of abating or removing any
violation or breach of this Declaration, neither the Person
entering nor the person directing the entry shall be deemed
liable for any manner of trespass for such action, and the
Owner of such Lot or Site shall promptly reimburse the
Association for the cost thereof. Payment of such amount
shall be secured by a lien against the land and improvements
of such Owner, which lien may be foreclosed and/or enforced in
any manner available at law or in equity. However, as
provided in Section 5.08, such lien shall be inferior to any
Mortgage made in good faith and for value. If such amount is
not paid in full within thirty (30) days after such Owner is
billed therefor by the Association, then the Association may
institute appropriate action to enforce the collection of such
amount, together with interest from the due date at the
highest rate then permissible under the laws of the
34
Commonwealth of Virginia, but not to exceed an annual rate of
eighteen percent (18%). If such suit is brought for the
collection of such indebtedness, the Association shall also be
entitled to recover reasonable attorney's fees and all costs
of such suit. All rights of the Association under this
Article VI are optional and not obligatory and shall not
impose any duty or obligation on the Association.
6.04. CUMULATIVE REMEDIES. The remedies hereby
specified are cumulative, and this specification shall not be
deemed to preclude any aggrieved Person's resort to any other
remedy provided hereunder or at law, in equity or under any
statute.
6.05. FAILURE TO ENFORCE NOT A WAIVER OF RIGHTS. No
delay or failure on the part of an aggrieved Person to invoke
any available remedy in respect to a violation of any
provision of this Declaration shall be held to be a waiver by
the Person of (or an estoppel of that Person to assert) any
right available to him upon recurrence or continuance of said
violation or the occurrence of a different violation, nor
shall there be imposed upon Declarant, the Board or the
Association a duty to take any action to enforce this
declaration.
6.06. ASSIGNMENT OF RIGHTS AND DUTIES. Any and all
of the rights, powers and reservations of Declarant herein
contained may be specifically assigned by Declarant to any
Person, and upon any such Person consenting in writing to
accept such assignment and assume such rights, powers and
duties, he shall, to the extent of such assignment, have the
35
same rights and powers and be subject to the same obligations
and duties as are given to and assumed by Declarant herein.
No conveyance by Declarant of any part of the Property or any
interest therein shall be deemed to be, or construed as, as
assignment of any right or power reserved herein to Declarant,
unless said right, power or reservation is specifically
transferred or assigned by Declarant. The term Declarant as
used herein includes all such assignees, who are specifically
assigned said rights, powers and reservations, and their
successors and assigns. Any assignment or appointment made
under this section shall be in recordable form and shall be
recorded among the land records of Frederick County, Virginia.
6.07. CONSTRUCTIVE NOTICE AND ACCEPTANCE. Each
Owner, lessee, licensee and Occupant, by acceptance of a deed
conveying title to a part of the Property, or the execution of
a contract for the purchase thereof, or the acceptance of a
lease or license therefor, or the taking possession thereof,
whether from Declarant or other Owner or lessee, shall accept
such deed, contract, lease, license or possession upon and
subject to each and all of the provisions of this Declaration,
and also the jurisdiction, rights and powers of Declarant and
his successors and assigns, and by such acceptance shall for
himself, his heirs, personal representatives, successors and
assigns, covenant, consent and agree to and with Declarant,
his successors and assigns, and to and with the other Owners
and lessees to keep, observe, comply with and perform the
requirements of this Declaration, whether or not any reference
to this Declaration is contained in the instrument by which
W.
such Person acquired said interest. Every Person who now or
hereafter owns or acquires any right, title, or interest in or
to any portion of th Property is and shall be conclusively
deemed to have consented and agreed to the provisions of this
Declaration,whether or not any reference to this Declaration
is contained in the instrument by which such Person acquired
an interest in said real property. Notwithstanding the
foregoing, Owners, lessees, licensees, and Occupants agree to
refer to this Declaration in deeds, leases and licenses
covering any portion of th-e Property and to make this
Declaration binding upon all Owners, lessees, licensees and
Occupants.
6.08. WAIVER. Neither Declarant, the Board, the
Association or any member thereof, nor their successors or
assigns shall be liable for damages to any Owner, lessee,
licensee, or Occupant of a portion of the Property by reason
of any mistake in judgment, negligence, nonfeasance, action or
inaction in the administration of the provisions of this
Declaration or for the enforcement or failure to enforce this
Declaration or any part thereof; and every Owner, lessee,
licensee or Occupant, by acquiring an interest in the
Property, agrees that he will not bring any action or suit
against Declarant, Declarant's successors or assigns, or the
Board, or the Board of Directors of the Association, or any
member thereof, from time to time, to recover any such damages
or to seek equitable relief on account of their enforcement or
non -enforcement of his Declaration.
37
ARTICLE VII
DURATION, MODIFICATION AND REPEAL
7.01. DURATION OF PROTECTIVE COVENANTS. This
Declaration shall continue and remain in full force and effect
at all times with respect to the Property and each part
thereof (subject, however, to the right to amend, vacate and
repeal as provided for herein) for a period of fifteen (15)
years from the date of recordation of this Declaration among
the land records of Frederick County, Virginia, and shall be
automatically extended thereafter for successive period of ten
(10) years each, subject to termination as provided below.
7.02. TERMINATION AND MODIFICATION. This
Declaration, or any provisions hereof, may be terminated,
modified or amended, or this Declaration may be vacated as to
a portion of the Property, with the written consent of the
Owners of at least sixty-five percent (65%) of the square feet
of Assessable Land; provided, however, that so long as
Declarant or an Affiliate of Declarant owns at least ten
percent (10%) of the Assessable Land, no such termination,
amendment or modification shall be effective without the
written approval of Declarant. Further, such termination,
modification or amendment of this Declaration shall be
effective until a written instrument setting forth the terms
thereof has been executed by the Owners of at least sixty-five
percent (65%) of the square feet of Assessable Land and said
instrument has been recorded in the land records of Frederick
County; provided, however, that any part of the Property may
be dedicated or conveyed for public street or other public use
NN
free and clear of this Declaration by execution and delivery
of a deed by the Owner to the appropriate governmental body.
ARTICLE VIII
MISCELLANEOUS
8.01. VARIANCE. The Declarant shall have the right
to grant reasonable variances from provisions of the
Declaration or any portion hereof, in order to overcome
practical difficulties and to prevent unnecessary hardship in
the application of the provisions contained herein, provided,
however, that said variances shall not, in the opinion of a
majority of the Board, materially injure or adversely impact
any of the real property or Improvements within the Property.
No variance granted pursuant to the authority herein reserved
shall constitute a waiver of any provisions of this
Declaration as applied to any other Person or real property.
8.02. EFFECT OF INVALIDATION. If any provision of
this Declaration is held to be invalid or unenforceable by any
Court, the invalidity of such provision shall not affect the
validity of the remaining provisions of this Declaration,
which shall continue unimpared, in full force and effect and
shall be construed to the fullest extent practicable as if
such invalid or unenforceable provisions had not been included
in this Declaration.
8.03. NOTICE. Any and all notices or other
communication required or permitted by this Declaration or by
law to be served on or given to Declarant shall be in writing
and shall be deemed duly served and given when personally
delivered, or in lieu of such personal service, when deposited
39
in the United States mail, first class, postage prepaid,
certified or registered mail, return receipt requested,
addressed to Declarant as follows:
George W. Glaize, Jr.
Carolyn G. Glaize
817 Dutton Place
Winchester, VA 22601
For purposes of this paragraph, Declarant may change
its address by a notice of change of address to each owner
within the Property and to each Mortgagee requesting said
notice of whose address the Declarant has been notified in
writing. Notice to any Owner, or to the lessee, licensee, or
Occupant holding under any Owner or to any Mortgagee shall be
deemed duly served when personally delivered to the Person to
whom it is directed, or in lieu of such personal service, when
deposited in the United States mail, first-class postage
prepaid, certified or registered mail, return receipt
requested, addressed to (i) the Owner at the address as shown
in the Frederick County tax records, and to such other address
or ,addresses as designated by the Owner, in writing to the
Declarant and the Association; and (ii) to the Mortgagee at
the address as designated by the Mortgagee in writing to the
Association and the Declarant.
8.04. INTERPRETATION. This Declaration shall be
interpreted for the mutual benefit and protection of the
Owners and Occupants of the Property and in furtherance of the
basic goals of this Declaration. Any discrepancy, conflict or
ambiguity which may be found herein shall be resolved and
determined by the Declarant and, in the absence of an
adjudication by a court of competent jurisdiction to the
40
contrary, such resolution and determination shall be final.
8.05. CAPTIONS. The paragraph headings and captions
appearing in this Declaration are inserted only as a matter of
convenience and for reference and in no way limit or otherwise
affect the scope, meaning or effect of any provisions of this
Declaration.
8.06. GOVERNING LAW. This Declaration and rights of
the Owners of the land within the Property shall be governed
by the laws of the Commonwealth of Virginia.
•ARTICLE IX
DEFINITIONS
9.01. Unless the contest otherwise specifies or
requires, each term defined in this Article IX shall, for all
purposes of this Declaration, have the meaning herein
respectively specified.
(a) Declarant. The term "Declarant" shall
mean George W. Glaize, Jr. and Carolyn G. Glaize, and
George W. Glaize, Jr., Trustee of the George W. Glaize, Jr.
Profit Sharing Trust, and any entities directly or indirectly
controlled by or under common control of Declarant, whether
through the ownership of voting securities or by contract,
partnership agreement, trust agreement or otherwise, and such
assignees and successors who are specifically conveyed or
assigned particular rights or powers reserved herein to
Declarant as provided in Section 6.06 herein.
(b) Assessable Land. The term "Assessable
Land" shall mean all land within the Property owned by members
of the Association (not to include Common Area owned in fee
41
simple by the Association).
(c) Association. The term "Association"
shall mean the Airport Corporate Center Owners Association or
such other name for the Property Owners Association as the
Declarant may select.
(d) Association Board. The term
"Association Board" shall mean the Board of Directors of the
Association.
(e) Association Documents. The term '
"Association Documents" shall mean this declaration, the
Articles of incorporation and Bylaws of the Association,
Development Guidelines and any Rules or Regulations
promulgated pursuant to any of the foregoing, all as the same
may be amended from time to time.
(f) Board. The term "Board" shall mean the
Architectural Review Board created pursuant to Article V.
(g) Building. The term "Building" shall
include both the main portion of such Building and all
projections or extensions thereof, including garages, outside
platforms and docks, carports, canopies, porches, balconies
and appurtenant structures.
(h) Common Area. The term "Common Area" or
"Common Areas" shall mean and refer to all real property
(including the improvements thereto) in which the Association
holds an interest for the common use and enjoyment of the
members of the Association, and such areas of easements and
right,of-way granted or assigned to the Association for the
common use and enjoyment of the members of the Association for
42
which the Association has assumed the responsibility for
maintenance.
(i) Declaration. The term "Declaration"
shall mean this Declaration of Protective Covenants and
Restrictions, and any amendments or supplements thereto.
(j) Improvements. The term "Improvements"
shall mean Buildings, underground installations, slope
alterations, roads, driveways, parking areas, fences,
screening walls and barriers, retaining walls, stairs, decks,
windbreaks, plantings, planted trees and shrubs, poles, signs,
loading areas and all other structures or landscaping
improvements of every type and kind.
(k) Lot. The term "Lot" shall mean a
portion of the Property designated as a lot or parcel of land
on a plat of subdivision or resubdivision of the Property
recorded heretofore or hereafter, or on a governmentally
approved site plan, and includes any Building or other
Improvements now or hereafter appurtenant to that land.
(1) Mortgage. The term "Mortgage" shall
mean a mortgage or deed of trust securing an indebtedness held
by a Mortgagee.
(m) Occupant. The term "Occupant" shall be
all-inclusive and shall mean any Person who occupies a part of
the Property as Owner, lessee or licensee, or in any other
capacity.
(n) Owner. The term "Owner" shall mean the
Person(s) who hold the record title to a Lot or Site, but
excluding those having such interest merely as security for
43
the performance of an obligation.
(o) Person. The term "Person" shall mean
any natural person, corporation, partnership, trust or other
entity.
(p) Property. The term "Property" shall
mean the real property known as Airport Corporate Center, and
any additions thereto that are subjected to this Declaration
by Declarant or an Affiliate of Declarant.
(q) Protective Covenants. The terms
"Protective Covenants" or•"Covenants" shall mean the
protective covenants and restrictions set forth in this
Declaration, as they may from time to time be amended or
supplemented.
(r) Rules and Regulations. The term "Rules
and Regulations" shall mean the rules and regulations adopted
by the Board of Directors of the Association, as amended from
time to time, pursuant to the provisions of the Bylaws of the
Association, to implement the objectives of this Declaration.
(s) Site. The term "Site" shall mean all
contiguous real property in the Property under one ownership.
IN WITNESS WHEREOF, the parties hereto have caused
this Declaration to be executed on their behalf by their duly
authorized representatives. George W. Glaize, Jr. has
executed this Declaration solely in his capacity as Trustee
and shall have no personal liability or obligation for the
performance of any covenants contained herein.
-----------------------(SEAL)
GEORGE W. GLAIZE, JR.
44
-----------------------(SEAL)
CAROLYN G. GLAIZE
-----------------------(SEAL)
GEORGE W. GLAIZE, JR., TRUSTEE
OF THE GEORGE W. GLAIZE, JR.
PROFIT SHARING TRUST
STATE OF VIRGINIA,
OF TO -WIT:
Ia Notary Public in and for
the State and jurisdiction aforesaid, do hereby certify that
GEORGE W. GLAIZE, JR., individually and as TRUSTEE OF THE
GEORGE W. GLAIZE, JR. PROFIT SHARING TRUST, and CAROLYN G.
GLAIZE, whose names are signed to the foregoing Declaration of
Protective Covenants and Restrictions for Airport Corporate
Center, Frederick County, Virginia, dated the ---- day of
October, 1988, have personally appeared before me and
acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this day of , 1988.
My commission expires
NOTARY PUBLIC
45
U nclnesLey vA
bug,- 5t4
` WESTVIEW BUSINESS CENTER SUBDIVISION
(formerly Airport Corporate Ctr. Subd.)
"PRQVVD Shawnee District