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HomeMy WebLinkAboutBrentwood Terrace, Section 2 Shawnee District - Backfile (2)0 SUBDIVISION Brentwood Terrace, Section 2 Zoned RP (Residential Performance) 21 lots LOCATION: Southern side of Route 659 (Valley Mill Road). MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Residential and vacant land zoned RP (Residential Performance). PROPOSED USE AND IMPROVEMENTS: 21 single-family cluster lots with streets, easements, and open space. REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - No further comments. Everything appears to be within the approved plans. Sanitation Authority - I would like to see the centerline of easements across lots referenced to a corner. Easements appear o.k. Greenwood Fire Company - If we could have a fire hydrant at the intersection of streets or as close as possible and still meet the required distance of Code for subdivisions, it would be very helpful. Other than this, we should be OK. Planning and Zoning - No objection. The plans conform with the approved master plan and Frederick County Code. Sanitation Authority easements have been met. STAFF RECOMMENDATIONS: Approval. C0UNT�� J � �' 2T k „TRICK } A4Ay Department, PlapniQ and -..tw 703/66 R ACR- A.tX D U M , .+it— cx „ . -4 , CGP � iHt � ke G VA. Dept. of Highways & Transportatiot ATTN r` William H. Bush ' ' '� Greenwood Fire Company , ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington Jones Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: May 21, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Brentwood Terrace, Section 2 , or their representative, Mr. Ronnie Ward 667-2400 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: No further comments. Everything appears to be within the approved plans. Signature Of,_ , Date 9 C oiirt Souare - P.O. Box 601 - Winchester, Virginia - 22601 [ E M 0 R A N D U M TO: COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 VA. Dept. of ILT u- ays & Tr4Wortation , ATTN: Mr. William H. Bushman Fire Company , ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington Jones Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: May 21, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Brentwood Terrace, Section 2 , or their representative, Mr. Ronnie Ward 667-2400 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: At ele MTh co Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Greenwood Fire Company , ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington Jones Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: May 21, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Brentwood Terrace, Section 2 , or their representative, Mr. Ronnie Ward 667-2400 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 703/665-5650 M'E M 0 R A N D U M VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Greenwood Fire Company , ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington Jones Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: May 21, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Brentwood Terrace, Section 2 , or their representative, Mr. Ronnie Ward 667-2400 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: T would like to see the centerline of easements across lots referenced to a corner. Easements appear O.K. Signature Date A n Rev A01 - WinrhPctPr Viroinia - 776ni RAY D. PETHTEL COMMISSIONER . 3%Ni 1.0 lfyj� 111213�� 1[ _yMIT P: COMMONWEALTH of VIRGINIA N DEPARTMENT OF TRANSPORTATION P. O. Box 278 EDINBURG, 22824 j '7 n)V�.I (703) 984-4133 May 12, 1987 Mr. H. Bruce Edens Ref: Brentwood Terrace c/o Greenway Engineering, Inc. Section II P-,,.,to S Box 152-C Frederick County Winchester, Virginia 22601 Dear Bruce: SHMAN ENGINEER This is to acknowledge receipt of the revised plans for the above reference and it appears to have been satisfactory revised as per our request. If additional information is needed, please advise. r' m JL .1c: Mr. J. C. Heatwole Mr. Robert ;4atkin Sincerely, 1 K. D. Walker Inspector For: W. H. Bushman Resident Engineer I -- V�-H TRANSPORTATION FOR THE 21 ST CENTURY E. R. NEFF EXCAVATING, INC. Rt. 1, Box 377 STEPHENS CITY, VIRGINIA 22655 (703) 869-1010 r0 0 Robert A. Watkins F r ed er-i.ck .. __!.o unt y.......Planning...._D a..r_..e_ct_o r.._....--.----....... P. 0. Box 601 -.-.W. inch. ester..., ..... 'Virginia ........2.2.6.0..1..__.___._.---.--.___ - ...... _.......... e that we believe that we can complete within 60 days ---T.his......is..... t..o.......ado...s..............................................................._.....................—......_..._............................................................................................................................_.._.._..........................................................................................................__._...._.._._............_._..... _._—._.the._.... rem a.jning.....road,,,,._construction work in Brentwood Terrace, Phase 11. We estimate that the cost to complete the work will be approximately 00000_.•.......................................... _.................... ...._ _ __ ......_.......................... _ ___........_. — _._.___. _ __. _. ......... __._........_. SIGNED ,.....__............................._.............,,. ,......._...... _...... ... . ❑ PLEASE REPLY ❑ NO REPLY NECESSARY E R. Nef , Jr., President BR04TWOOD TRACE SHAWNEE DISTRICT, FREDERICK COUNTY, VIRGINIA MAY 6, 1967 et RT. SMENAND04H AKLS 656 WNCIFSTER 659 OTY SECT/OW sEcrroN 659 TWtV SITE SCALE : /" = 2000' 656 LOCATION MAP ALL PROPERTY OWNERS IN BRENTWOOD TERRACE ARE REQUIRED TO BELONG TO THE BRENTWOOD TERRACE HOMEOWNERS ASSOCIATION. THE ASSOCIATION IS THE OWNER OF ALL AREAS SHOWN AS COMMON AREAS ON THE ATTACHED PLATS AND IS RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS. ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRICTIONS AND COVENANTS ATTACHED HERETO. A COPY OF THE FINAL MASTER DEVELOPMENT PLAN FOR BRENTWOOD TERRACE IS ON FILE AT THE FREDERICK r�OUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT. APPROVED BY PLANNING COMMISSION _ DATE VA. DEPT. OF TRANSPORTATION DATE ^ /-3&2 FREDERICK CO. SANITATION AUTH. DATE~y'�? BOARD OF SUPERVISORS DATE -2' - . LZ SUBDIVISION ADMIN. - to DATE rZ ESE) OWNERS CERTIFICA THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF R 8 R PROPERTIES, AS APPEARS IN THE ACCOMPANYING PLAT IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGN OWNERS_P/�RIETO ND TRUSTEES, I� ANY. oop •.2 9--0 /Q�j SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO R B R PROPERTIES, BY DEED DATED JULY 31, 1986 AND RECORDED IN THE FREDERICK COUNTY CLERK'S OFFICE IN DEED BOOK 623 AT PAGE 526. H. BRUCE EDENS C.L.S. v BRl10E CIS x GREENWAY ENGINEERING AND SURVEYING CO., INC. CERTIFICATE Na ; RT 6 - BOX 152C 3 MILES EAST ON ROUTE 50 54-17.3 (a)965 WINCHESTER, VIRGINIA 22601 n.+ 54.17 3 (b)162 <t TELEPHONE 662-41,86 SHEET I OF 6 1 AND 1 CL 30026'25" 950- uu' 5v4.7�;' 256.4)' NuO006'39"E - 498.80' LOT NO. DELTA RADIUS ARC CHORD BEARING AND D1ST 56 0304259" 925.00' 60.00' N09057'02"E - 59.99' 56 99006'14" 25.00 43.2'4 N61021'39"E - 38.05' 57 04020'09" 925.001 70.u0 N05055'28"E - 69.98' 58 04°59'25" 925.00' 80.57' N01015'41"B - 80.54' 59 04047'13" 925.00' 77.28' N03037'38"W -.77.26' 60 04008'37" 925.00' 66.90' N08005'34"W - 66.88' 61 48040'07" 50.00' 42.47' N37015'21"W - 41.21' 61 49056'43" 25.'30' 21.79' N36037'03"W - 21.11' 61. 01028'49" 925.00' 23.90' N10054'17"W - 23.90 62 46059'20" 50.00' 41.00' N10034'23"E - 39.87' 63 47021'52" 50.00' 41.33' N82032'11"E - 40.17' 64 59048'03" 50.00' 52.19 S43052'51"E - 49.85' 65 46034'03" 25.00' 20.32' S11027'40"W - 19.76' 65 48043'31" 50.00' 42.52' S10022'56"W - 41.25' 66 04005'04" 975.00' 69.50' S09046'50"E - 69.49, 67 04005'04" 975.00' 69.50' S05041'46"E - 69.49' 68 04018'41" 975.00' 73.37' S01029'53"E - 73.35' 69 04018'41" 975.00' 73-37' S02048'48"W - 73.35' 70 04049'07" 975.00' 82.00' S07022'42"W - 81.97' 71 81048'47" 25.00' 35.70' S28010'50"E - 32.74' 71 02056'18" 975.00' 50.00, S11015'24"W - 50.00' common area 24047'12 50.u0' 21.63' N46027139"E - 21.46' BRENTWOOD TERRACE �°F SECTION TWO ���� L BR CE MM !x-' CURVE DATA DATE: MAY 6 1987 CERTIFICATE No. i 54.17.3 (a)965 GREENWAY ENGINEERING AND SURVEYING CO., INC. 54113 �b)ls2 c� RT 6 - BOX 152C 3 MILES EAST ON ROI1- 50 Ep LAND g�;R WINCHESTER. VIRGINIA 22�-i' c TELEPHONE 662-4186 SHEET 2 Qf 6 f ;• i IC 52 2 ` 8,060 SO. FT. � N 20.54 39" E I /30.00' _ W � I J 3 o �e 53 $ 8, 060 So. FT. 'N.tq SIN N20.5439"E ~ 2 0 130.00, W N o 54 a o� 8, 060 SO. F' e x `" I. � m + I N 20'54 39" E /30.001 i,)I 55 KI 8,157 SO. FT. �o f 4.34' -- — — — — 58.68 N 20.31*42" E N 20*5439" E W 00 Liz k s'20w42" W r/3Q00' uI5' SANITARY SEWER EASEMENT 72 0l • I ks 12, 355 SO. FT. o, n _ 130.00, I — — — — N 20.30 07" E I I 9i P It BRENTWOOD TERRACE SECTION TWO SCALE : 1" = 50' MAY 6, 1987 GREENWAY ENGINEERING AND SURVEYING CO.. INC. -- F' E E-Cx '5:C ? A',LF EAS' ON POLITE 5: WiNCHESTE"r \'!RG1NA 2260' TE,EP-'_ENE 6E1-416E s 09 'la0o J �k5 7 56 0� o la 10,126 M °p In 512 FT. z A: 43.24� A = 60 01 c~j pR1A AST _ COURT ' 50,00 A= 35.70 70 3 mh 71 i 10,844 SO. FT. h tOONp9' I .... :........ ..... ...•.: o�VLT10 L MUCE EDW x CERTIFICATE No. 54-17.3 (e)965 rF 54 17 3 (b)162 ���� �F�c �fL LAND S�F SHEET 3 OF 70 10"966 50. FT 4 UY 69 /0' 3 74 so. F 7 �-2L06' 13116' 68 CID 67 ;7 1324SO. FT. 4?-42' 66 414 SO. T It TT K if) Ir It KT O 57 3,030 so. F T. . (0 01 65 4MA TCIHEE T 5 �,P'OIL23- w 124- 008 58 cy 8,463SO. FT: 586-1 W W 127.6r 5.9 cl-- 9,63-9so, F T T Lc) S 93 -24 �3-9L" W en INto ""I� -- V 60 kd ColIVin to ;� 8, 757 SO. FT w -T S83 120i 02419 i�-� 1 A to 123 90'` 6� �' .. .. A to N ;9 a 493 so, F T. 96 r, � W 50-1 62 l �, BRENTWOOD TERRACE SECTION TWO 0-7 SCALE : 1" 50' MAY 6,19.1 GREEN►%IAY ENGINEERING AND SURVEYING CO., INC f F 7) 1 ,�- _- , ". - Or. p0j'f5' Vv-.Nr ,E Er V-FWNIA 226C�' OP L) CERTIFICATE No. > 54.17-3 (a)K; 54-17.3 (b)162er � LAND , SHEET 4 OF 6 i W 3 1V 0l• 17�_ 68.84. 65 'ph� 1,132 SOFT. W v �`'� �l r� •' TT O� 6 6 64 R N 9 47i so.FT 46 A = 411, AS 'URT j1 so. 1 i , 3 63 I� O'08,000 So. FT, \ Q �O� N Z r E • �V6� A 4,(O/' COMM N Q REQo 5G �; SEC TIONI Two (SEE SHE17r 6 0#6) ,!LL Q�/� ��ry 62 m I �` 8,839 So. FT. Z FAO SERV/CEEX/Sr 25FRED 08. 577- - 529EMEN7. ANC, �a / `APB •; � Pa 1 � i � / / � I 30.00' 4000, ,21' E /S2p.3.439�y S 06.35 1 .:..., 1 BRENTWOOD TERRACE SECTION TWO SCALE : 1" = 50' MAY 6, 1987 GREENWAY ENGINEERING AND SURVEYING CO.. INC. WINCHESTER. ViRGINiA 2750, TE E°.;Oh_ 66� 47.BE e,off -V-#,ITll 07� � IL BRUCE EDEItS x CERTIFICATE No. 54-17.3 (a)965 ti 5417.3 (b)162 c fps `E4 LAND S� SHEET 5 OF 6 i MoN �< o� k 0 1 I \ g40). •mot'/. .L / /� l BRENTWOOD TERRACE SECTION TWO SCALE : I" = 50' MAY 6, 1987 GREENWAY ENGINEERING AND SURVEYING CO., IN RT 6 - BOX 152C 3 MILES EAST ON ROUTE 50 j WINCHESTER VIRGINIA 22601 i T ELE=-+ONE 662-4'86 AS TORIA COURT 6/ 62 0 AA �. BRUCEEXS CERTIFICATE No. 1 54.17.3 (8)965 F. 54.17.3 (b)1.62 �T LAND SHEET 6 OF 6 8 � + /`If/ (n�Lf `-` COMMONWEALTH OF VIRGINIA { pC�e !� Sec t,.. � � 6Ler��W UO d (rIZLAc e f ' Sec 1 �- 4 t ^� ^t �.FFICIAL IPT x FRfD RICI, CICOURT_, DEED RECEIPT : DATE: 01i07/98 TIME: ACCOUNT: 067CLR88U411� RECEIPT: BE r00000164 CASHIER: VHB RES; W 17 TYPE: DEED D"c PA7MENT: Ft l 8Y PE» INSTRUMENT 00:` 17 POOV: 669 PAGE: 19? �tfCORDE2 '. '�' AT 14:26 GRANTOR NAME R I F'P0PER71-S. SRANTEE NAME Ni - AND ADDvESS y rRECEIVED &R =".PERTIES DE5CRIPTI0 - CONSIDERATION: 00 ASSUMPTION: .0t1 MAP: CODE DESCRIPTION PRID CODE DESCRIPTION PAID 301 REEDS 33.Q0 TOTAL TENDERED 33.t10 TOTAL AMOUNT PAID: 33.0 TOTAL CHANGE AMT : .00 x �-' CLERK 4F COURI.- 6EOR6f idHITACRE DG c 5/06 tit IDERSON. LARRICH & LAxaiCB 0ANNYS AT LAN ,NCHROTSR. VIROINIA " "! -1 DEED OF SUBDIVISION AND DEDICATION This deed of SUBDIVISION AND DEDICATION, made and dated this day of ,��C-jy�.��� 198_y, by and between R. & R. PROPERTIES, a Virginia General Partnership, its successors or assigns, party of the first part, hereinafter called the Grantor, and County of Frederick, Virginia, party of the second part. WITNESSETH: WHEREAS, the Grantor is the fee simple owner of the real estate shown on the attached subdivision plat drawn by Greenway Engineering and Surveying, Co., Inc., dated May 6, 1987, known as BRENTWOOD TERRACE, SECTION II, FINAL PLAT which real estate is a part of the development known as BRENTWOOD TERRACE, as described on the Master Development Plan for BRENTWOOD TERRACE, on file in the Frederick County Department of Planning and Development. The real estate subdivided herein is a portion of the real estate conveyed to the Grantor by deed dated July 31, 1986, from J. Randolph Larrick, et al, which deed is of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 623, Page 526. dedication NOW, THEREFORE, this deed of subdivision and 1 9 BK669PG198 WITNESSETH: That for and in consideration of the sumfof ten dollars.'($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the parties do hereby subdivide the said parcel of land into BRENTWOOD TERRACE, SECTION II, containing Twenty -One (21) lots and retained portion according to the subdivision plat dated May 6, 1987, made by Greenway Engineering and Surveying Co., Inc., which is attached hereto and made,a part hereof, and which plat is drawn in conformity with the Master . Development Plan for Brentwood Terrace on file in the x Frederick County Department<of Planning and Development;.the same to be known hereforth as BRENTWOOD TERRACE, SECTION II and do hereby grant and dedicate for public street purposes ) that land shown on said plat as public streets designated Astoria Court and Pebble Brook Lane, declaring that said subdivision and dedication is made with their ,free consent and in accordance with the applicable state and county statues and ordinances. This plat of subdivision and vsaeox, .rroaxsn � w KCI-Eff dedication has been duly approved by the proper authorities of the County of Frederick, Virginia, as is evidenced by the signatures affixed hereunto; 2 v DERSON. LARRICK & LARRICK ..TTOBNsrY AT Lbw :.Ca396Tsa. vsonUA THE ASSOCIATION Said real estate has been subdivided into lots as shown on the plat which shows accurately the metes and bounds of the subdivided land, together with the dimension of each lot thereof and this plat or a former plat also shows that certain common or open space area which is to become the property of BRENTWOOD TERRACE ASSOCIATION, hereinafter called ASSOCIATION. Every person or entity who is now or who becomes the record owner of a fee simple interest, undivided or not, in any subdivided lot, in this or any present or future dedicated section of real property known as BRENTWOOD TERRACE hereinafter called SUBDIVISION, shall, by acceptance of the deed or otherwise, become a member of the ASSOCIATION. Excluded from membership and assessment are entities who hold an interest merely as security for an obligation and/or the Commonwealth of Virginia, acting through any of its agencies or authorities; the United States of America, acting through its Farmers Home Administration, Veterans Administration or Federal Housing Administration or any other agency, administration or authority. Each member of the ASSOCIATION shall be entitled to one vote for each lot in which they hold the interest required for membership in the ASSOCIATION. When more than 3 ri DER80N. LA' RMC8 & LAB wTl'OR#iTS AT LAM tNC88MTi=. vmmnIIA 8 K 6 00 one person holds such interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot. In the event of a dispute as to the ownership of any lot, the Frederick County real estate tax roll shall control. The affairs of the ASSOCIATION shall be managed by a board of three directors who are elected by the members of the ASSOCIATION. So long as the Grantors own any lot or land shown on the master development plan for the SUBDIVISION, they shall be eligible to serve as directors of the ASSOCIATION. The initial board of directors of the ASSOCIATION shall be the Grantors or their nominees, who shall serve until they resign or until their successors are elected at an annual meeting of the ASSOCIATION. Grantors, covenants for each lot it then owns in any present,or future dedicated section of the SUBDIVISION to pay to the ASSOCIATION the annual assessment fixed by the ASSOCIATION'S Board of Directors for that year only. By the acceptance of the deed or other form of conveyance (will, intestacy, or otherwise) each lot owner of any lot within any present or future section of the SUBDIVISION shall become a member of the ASSOCIATION, or its successors or assigns, and shall be deemed to covenant with the ASSOCIATION to pay to 4 r _ A w - t r : UERSON. LARRim & LARRICH ,TTOBLXNTS AT r nM .casrr:a, vmanUA the ASSOCIATION the annual assessment fixed by the ASSOCIATION when it is due. Membership in the ASSOCIATION shall be appurtenant to and may not be separated from the ownership of any lot subject to assessment. The initial and subsequent assessments provided for herein shall be at a uniform rate for each lot. The initial assessment is $30.00 per lot per calendar year beginning January 1, 1989, due and payable March 31 of each year for the year in which the assessment is made and shall continue in that amount until changed by the Board of Directors as set forth herein. It is due from the record owner(s) of each lot as of December 31 of the year preceding the assessment and shall be the personal obligation of the lot owner(s). From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment per lot may be increased above that set forth hereinabove by a vote of the members, for the next succeeding year, provided that any such change shall have the assent of Sixty Percent (60%) of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose by the Board of Directors. Written notice of the meeting shall be mailed to the lot owners at their addresses of record with the ASSOCIATION not less than thirty 5 0 VERSON.ARRICS & LARE&CS ,TTOILNWYS AT X.&W ':vCIEUSTrA. VINWNIA BK6i��'i�202 (30) days nor more than sixty (60) days in advance of the meeting. After consideration of current maintenance costs and any special needs of the ASSOCIATION, the Board of Directors shall fix the annual assessments in an amount not in excess of the maximum annual assessment as fixed by the members. The initial annual meeting shall be called upon request of 50% of the members of the ASSOCIATION or within one (1) year of the date of recordation of the deed of dedication, whichever shall first occur, and upon thirty (30) days notice. Presence at the meeting of members or of proxies entitled to cast Sixty Percent (60%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth herein and the required quorum at any such subsequent meeting shall be Sixty Percent (60%) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. The ASSOCIATION will, upon request at any time, furnish a written certificate signed by an officer of the ASSOCIATION, setting forth whether or not the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of the certificates. N. 0 •NDERSON. LARRICB & LAR82C8 ATTOYNZY/ AT LAN w INC88YT8Y. VIiOINIA Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of Ten Percent (10%) per annum, and the ASSOCIATION may bring an action at law for judgment against any owner personally obligated to pay the same and recover interests, costs and reasonable attorney's fees on any such action which shall be added to the amount of the assessment. No owner may waive or otherwise avoid liability for the assessments provided for herein by non-use of the common or open space area or abandonment of his lot. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or deed of trust now or hereafter encumbering any lot. The sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot which is subject to any deed of trust, pursuant to the foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. IFA L 0 0 DERSON. I-CMCS & LA8RWK ,VrORxzTf AT LM NCHZOTXR. VIR4INIA E 0 The ASSOCIATION shall have the right to suspend the voting rights and right to the use of the open or common area by a member or his relatives for any period during which any assessment against his lot remains unpaid; and for a period not to exceed thirty (30) days for an infraction of its published rules and regulations. Lot ownership shall be the sole qualification for membership in the ASSOCIATION. The ASSOCIATION shall have the right to dedicate or transfer all or part of the common or open area to any public agency, authority, or utility for public purposes. Grantor reserves unto itself, its heirs and assigns the right to create future easements in the common or open areas and the right to erect and maintain electric and telephone poles or facilities and sewer, gas, water, drainage or television lines or cables along existing roadways or rights of way or to grant similar easements or rights of way therefor, with the right of ingress and egress for the purpose of erection or maintenance on, over or under a strip of land Ten (10) feet wide at any point along the side and Twenty (20) feet along the rear or front property lines of any lot or tract in the SUBDIVISION, including the right to grant such easements to others. The ASSOCIATION, its successors or assigns shall have the right to enforce, by any proceeding at law or in lJ L)ERSO r. LARMCH & LARRIM nT[O=NW" AT LAW :NCRYOTii. VMLOINIA [;j. "05 equity, all restrictions, Wctit'i`oni, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this document. Failure by the ASSOCIATION, its successors or assigns, to enforce any covenant or restriction herein contained in no event be deemed a waiver of the right to do so thereafter. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. The above covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of Ten (10) years from the date of these covenants shall be automatically extended for successive period of Ten (10) years unless an instrument signed by Seventy Percent (70%) of the then owners of the lots is recorded changing these covenants in whole or in part. Grantor reserves unto itself, with the consent of the Frederick County Department of Planning and Development or its director, to modify, alter or amend its master development plan for the SUBDIVISION as now on file with the Frederick County Department of Planning and Development. James R. Larrick, Jr., Sole Acting Trustee, and the Farmers 9 T 1r i CI and Merchants National Bank of Winchester, Virginia, Beneficiary in that certain Deed of Trust dated January 21, 1987, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 637, Page 733, join in this Deed of Subdivision and Dedication to consent to the same and releasing the common area or open space as shown on said plat from the lien of said trust. WITNESS the following signatures and seals: R. & R. PROPERTIES, a Virginia General Partnership f " (SEAL) andolph L "ick, Partner (SEAL) William R. Ward, Jr., Partner (SEAL) Jam R. Larrick, J . Sols Acting Trustee FARMERS AND MERCHANTS NATIONAL BANK OF WINCHESTER, VIRGINIA By: (SEAL) OERsom LARRICB & LAZZWK w'rt0AH1" a? LAW IVC88YSE=. VEHU30A 10 0 1 NDERSON.LARRWX & 1_*' R ATTORNEY! AT LM cNCREBTER. VIROXNXA STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER, to -wit: 6K6FG207 The foregoing instrument was acknowledged before me this day of i(� C'L-rr��<-E-i. 198_7 by J. RANDOLPH LARRICK and WILLIAM R. WARD, JR., partners, T/A R. & R. PROPERTIES, a Virginia General Partnership. My commission expires Notary Public STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this � day of _^ � 198�, by JAMES R. LARRICK, JR., Sole Acting Trustee. My commission expires Notary Public STATE OF VIRGINIA, AT -LARGE, r ERA to -wit: The foregoing instrument was acknowledged before me this day of , 198Qpp, by %%. - J eyzr" Zf,- c�� , of the FARMERS AND MERCHANTS NATIONAL BANK OF WINCHESTER, VIRGINIA. My commission expires 11 Notary Public UERSON. LARMcs & LAR8IC8 •TtOYW=4/ AT LM vCBYYTZ=, VMMMCXA DECLARATIONS OF COVENANTS AND RESERVATIONS BRENTWOOD TERRACE SECTION II WHEREAS, by deed of dedication recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, the subdivision known as BRENTWOOD TERRACE, SECTION II was duly dedicated, platted and recorded, and WHEREAS, it is the desire and intention of the owners of said land, as set forth in said deed of dedication and hereinafter called DECLARANT, to impose certain covenants, reservations, restrictions and easements upon said Subdivision. NOW THEREFORE, the DECLARANT does hereby impose upon the said subdivision the following covenants, reservations, restrictions and easements, all of which shall run with the land, as follows: ARTICLE I ARCHITECTURAL CONTROL No house, building, fence, wall, structure, or addition thereto shall be commenced, erected or maintained upon any lot within the Subdivision, nor shall any addition be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the DECLARANT. After the lot has been conveyed by the owner and the initial home has been approved by the DECLARANT and built as approved, then by the Board of Directors of the BRENTWOOD TERRACE ASSOCIATION, hereinafter called ASSOCIATION, or the architectural committee thereof shall have the approval authority. The entity to whom the plans and specifications are submitted shall either approve or disapprove the same with 30 days from receipt. If not disapproved within 30 days from date of receipt they shall be deemed approved. 1 DERSON.L&UR K & I.ARRiCS n TrOXXWYS " LAW 1NC88STix. YaSnRA ARTICLE II PROTECTIVE COVENANTS AND RESTRICTIONS 1. No lot, other than open space lots, shall be used except for residential purposes and purposes incidental or accessory thereto. The DECLARANT, a builder, developer or realtor may maintain a model home or sales offices within any section of said Subdivision for sales of homes being constructed in said Subdivision. Any home occupation approved as an accessory use by the appropriate Frederick County ordinances and duly authorized by the appropriate County agency is a permitted use on any lot. 2. No clothing, laundry or wash shall be aired or dried on any lot in any area other than in the rear yards of a lot. 3. No tree, hedge or shrub planting shall be maintained in such manner as to obstruct sight lines for vehicular traffic. 4. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon or permitted to remain on any lot which is or may become a nuisance or annoyance to the neighborhood. No exterior lighting shall be directed outside the boundaries of a lot. 5. No sign of any kind larger than one foot square shall be displayed to the public view on any lot, except temporary signs nor more than five feet square in area advertising the property for sale or rent and except for temporary signs erected by the DECLARANT or any builder or developer in connection with the construction, lease, or sale of homes or lots. Subdivision identification signs are permitted. 6. No horse, pony, cow, chicken, pig, hog, sheep, goat or other domestic or wild animal shall be kept or maintained on any lot other than common household pets. No Commercial kennels are permitted. 7. No trash, garbage or other waste material or refuse shall be placed or stored on any lot except in covered sanitary containers placed to the rear of the lot at least five (5) feet from any lot line. All waste containers shall be kept in a clean and sanitary condition and emptied regularly. B. The ASSOCIATION shall have the right, (upon 20 days notice by mail to the owner of the property involved, setting forth the action intended to be taken, if at the end of such time such action has not been taken by the Owner) to enter upon the property involved and to repair, restore, or M O f maintain the lot or the exterior of any building erected thereon; and to cut or remove grass, weeds and rubbish from any lot so as to keep all lots neat, in good order and in comparable condition with the appearance of other lots and improvements within the Subdivision, all at the cost and expense of the Owner. The costs and expenses are to be paid to the ASSOCIATION upon demand and if not paid within ten days thereof, then shall become a lien upon the property affected, equal in priority and enforceable in the same manner as the assessment lien provided in the recorded deed of dedication and inferior to the liens of any deeds of trust. 9. No abandoned motor vehicles will be permitted on any lot or in any street or parking area. For this purpose, an abandoned motor vehicle is defined as one which either bears an expired license plate or none at all. 10. No structure of a temporary character, trailer, basement, tent, garage, or other outbuilding shall be used at any time as a residence, either temporarily or permanently. All exterior construction of any dwelling, outbuilding, or other structure must be completed within twelve months after construction is commenced unless extended by the ASSOCIATION. 11. No owner shall erect any structures within, or otherwise obstruct, any easement across his lot, nor divert or otherwise interfere with the natural flow of surface water, nor obstruct any drainage ditch. 12. DECLARANT reserves easements for installation and maintenance of public utilities within the building restriction lines of all lots in addition to easements reserved by any other instrument duly recorded. DECLARANT further reserves the ownership of the "RETAINED PORTION" shown on said plat for such use as it may determine including its addition to SECTION II of BRENTWOOD TERRACE, subject to proper approval. 13. The covenants, restrictions, and other provisions of the Declaration shall run with and bind the land for a term of twenty (20) years from the date this declaration is recorded, after which they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended by an instrument signed by not less than Seventy -Five Percent (75%) of the lot owners of any particular section of the Subdivision. WITNESS the following signatures and seals: uERSON. T-&RUWK & Id►R8IC8 �iCIIYYii1. V� F h 1. `DwFtsm. LARRICB & LARRICK '=0Xxsxs AT arw i.1iC1IS6?81. VIMaUn► R. & R. PROPERTIES, a Virginia General Partnership (SEAL) J. Randolph Larrick, Partner (SEAL) William R. Ward, Je.11, Partner (SEAL) Jam s R. Larrick, Jr. Sole Acting Trustee FARMERS AND MERCHANTS NATIONAL BANK OF WINCHESTER, VIRGINIA X1By: (SEAL) STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this Sllk day of C,E.,k,,(� 19&Z, by J. RANDOLPH LARRICK and WILLIAM R. WARD, JR., partners, T/A R. & R. PROPERTIES, a Virginia General Partnership. My commission expires Notary Public 4 I . , 1 STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this,o'j; day of ,LL 1981, by DAMES R . LARRICK, JR., Sole Acting Trustee. My commission expires Notary Public STATE OF VIRGINIA, AT -LARGE, F to -wit: The foregoing instrument was acknowledged before me this day of 1980, by �' 62;-69Z ./ of the FARMERS AND MERCHANTS NATIONAL BANK OF WINCHESTER, VIRGINIA. My commission expires Notary Public DERBOx. LAx=cH & i.AR4i IL n11'OBA'STi &T LM 1 NCHUBTaa, V2UGUMA 5 T FINAL PLAT SECTION TWO BRENTWOOD TERRACE2 13 SHAWNEE DISTRICT. FREDERICK COUNTY, VIRGINIA MAY 6, 1987 Dl?ERGti:.NuE BI Ftt. NCLS 656 4richlIMAER 65! ♦ ACE SECTION 6S9 TWO SITE Sr -ALE: /" 2000' 656 LOCATION MAP ALL PROPERTY OWNERS IN BRENTWOOD TERRACE ARE REQUIRED TO BELONG TO THE BRENTWOOD TERRACE HOMEOWNERS ASSOCIATION. THE ASSOCIAT" IS THE OWNER OF ALL AREAS SHOWN AS COMMON AREAS ON THE ATTACHED PLATS AND IS RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS. ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRICTIONS AND COVENANTS ATTACHED HERETO. A COPY OF THE FINAL MASTER DEVELOPMENT PLAN FOR BRENTWOOD TERRACE IS ON FILE AT THE FREDERICK r.OUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT, APPROVED BY 'LANNING COMMISSION DATE VA. DEPT. OF TRANSPORTATION DATE 8 z3�7 FREDERICK CO. SANITATION AUTH, DATE lt- BOARD OF SUPERVISORS DATE 7;5'' SUBDIVISION ADMIN. NALICIA. DATE rl 119 b OWNERS CERTIFICA THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF R 8 R � ; j +, CjCtc PROPERTIES, AS APPEARS IN THE ACCOMPANYING PLAT IS WITH THE FREE / I! CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE p Q LWIDERS"Ell OWNERS �%RIETO ND TRUSTEES. I� i SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO R 8 R PROPERTIES, BY DEED DATED JULY 31, 1986 AND RECORDED IN THE FREDERICK COUNTY CLERK'S OFFICE IN DEED BOOK 623 AT PAGE 526. +� H. BRUCE EDENS C.L.S. �0� `16 � rr GUENWAY ENGINEERING AND SURVEYING CO., INC. CERTIFICATE NCO. RT 6 - BOX 152C % 3 MILES EAST ON ROUTE SO 54-17.3 (8)%S WINCHESTER, VIRGINIA 22601 CA %11.3 (b)162 � TELEPHONE 662-41,86 LA'ND 9V4 SHEET I OF 6 • 36u;.u214 ASTORIA DELTA iADIS A K C TAN ('60RD BEARING &_ DIST. COURT CL 30°26'25" 950.005u4.7 1 2 5 t 'yu0°u6'39"E - 498.80' LOT NO. DELTA RADIUS AKi- GhuRD SEARING AND DIST 56 03042'59" 91j.00, 60.0,J' N09057'02"E 59.99' 56 99006'14" S.UO' 43.-';4 N61021'39"E - 36•05' 57 04020109" 925.00' 70.00 N05055'28"E - 69.98' 58 04°59'25" 925.00' b0.5i' N01015'41"E - 80.54' a } 59. 04°47'13" 925.u0' 77.2b' NO3°37'38"W--77.26' 60 04008'31" 925.00' 66.90' N08005'34"W 66.88' 61 48°401U70.U0' 42.47' N37015'21"W - 41..21' 61 49°56'43" 25.00' 21.79' N36037'03"W - 21.11' i I l 61 01028'49" 925.00' 23.9..;' N10054'17"W 23.90' ti 62 46059'20" 50.00' 41.0G' N10034'23'E - 39 87' 1 63 47021'52' 50.00' 41.33' N82032'11"E - 40.17' 64 59°48'03" 50.00' 52.19 S43052'51"E - 49.85' 65 46°34'03" 25.U0' 2U.32' S11027'40"W - 19.76' 65 48043'31" 50.00' S10022'56"W 41.25' 66 040U5'04" 975.00' 69.5u' S09046'50"E - 69.49' 67` 04°05'04" 975.00' 69.5U' S05041'46"E - 69.49' 68 04018'41" 9%5.00, 73.37' S01029'53"E - 73.35' ,69 04°18'41 975.00' 73.37' S02048'48"W - 73.35' `70 04049'U7" 9r5.UU' 82.Uii' S07022'42"W - 81.97' 71 81048'47" 25.00' 35.70' S28010'50"E - 32.74' 02°56118" 975.00' 50.00' Sil°15'24"W - 50.00' C' limo n alrea 24047'12 50.00' 2i.63' N46027'39"E - 21.46' BRENTWOOD TERRACE SECTION TWO L INKx q DATE _ MAY 6 1987 CERTIFICATE No. 64.17.3 (0965 GREENWAY ENGINEERING AND SURVEYING CO.. INC. `� WIN (b)1W AT 6 - BOX ISM 3 MILES EAST ON R01 I+c 5O LAND WINCHESTER, VIRGINIA 225!" TELEPHONE 662-4186 SHEET 2 69 6 r . Ich I Fil xi I W14 8,060 SO. FT N 20 *54 *39" E /3aool 5.3 0 8,060SO. F T. N 20 *54 39" E 130.006 54 4� 8,060 SO. f-7- N 2005439"E ;11 55 8,157 SO. FT 7 4.34' Meal N 20 UTA? - E N 20*5439"E to 1 . 10 to -2> to% l"FrARY 3EWR EASEMEWT 72 �I � ol 12,355 SO. FT /3a,"* ` M 2003OVr? E BRENTWOOD TERRACE SECT -ION TWO 1" = 50' MAY ro, 1987 t: 711�i 'i GREENWAY ENGINEERING AND SURVEYING CO.. INC P' E BOX 152C a MILES EAS' ON ROUTE 50 WINCHESTER VIRGINiA 22W, 4�7 1 TELEP-ON! GV-4lbE w s 7aoo r 1157 56 �` � 10,126 50. FT �A= 43.24 its ASTIORIAiiiiiiiiiiiiii,� -i COURT A - 6a 70 M k 71 10844 SO. FT C'. TY. OLT11064;> L MUCE CERTIFICATE No. 54-17.3 (s)965 54*17-3 (b)162 ca LAND a T M r TCH HEE T 3_ 6�r 56 IK70 71 so. Fr. :0,c �30o57 �,, w Q 8,330 So. F T � I ZL06' 69 /0,874 SO. F7 68 /O, 080 so. F a •QQpp��� 67 /0,324 SO. FT. 66 /0, 4/4 SO. f 4 65 MATC HEE T 5. i N 9 00/2. �- w v 58 N 8,463 50. FT. 1Y7.6P . t -► 59 9,639 SO. F T g �4'39" W �33 �{L 5' W 60 1 ' 8, 757 SO. FT. N S 9" 70* A =� e ,209 \ 493 S0. F T. 9!43 W ' 5 1'' 62 13RENTWOOD TERRACE SECTION TWO SCALE : I" = 50' i MAY 6. 1987 GREENWAY ENGINEERING AND SURVEYING CO.. INC c' 6 1 1 C : M; E! EA5- ON AO✓-E 5: VON,-rrE- E y!pGtMR 226" (o L IM CERTIFICATE No. v 54.17.3 00965 4 54.17.3 @)162 a4 ''����•LANtD SHEET 4 Ir 6K 6 6 S G2 1 7 'o 317.90' / ?Od / 0� 6a84' eirl S "'CJVVICI IF 4UrH4c'5 FRED.IWINC 08. P- CUSAfENr . 5,?.9- V j :� . i QEA II(COM41()N P SEC TIQN, T WO SEE S0 6 It A. 65 11,132 SOFT ION. P 41 - 64 9,471 SO. F T 63 8,000 SO. FT M -po Not A per. A A S-,�RIA2 -- � 0 A = 4Z or 61 620 t- 8,839 SO. FT 7- BRENTWOOD TERRACE . SECTION TWO SCALE : 1" r. 50" 1 MAY 6, 1987 1 GREENWAY ENGINEERING AND SURVEYING CO.. INC. A- t 62) '52C '- W-ES EAS7 ON PJJTf 51, WINCHESTEP VIRGINIA 22W-. TELEP-ONE 66j-41.8f r-ter6. 3 eo,w--ALTII CERTIFICATE Nm 54-17.3 10965 54*17-3 (b)162 Wit LAND f B K 6 6 F G 8.51� ARE = o;C-* 8�9 di, 0 / l i O.- 4 KI � 66 65 64 \ `' / y AS TORIA COURT ' I \ r yj4 All CO IRENTWOOD TERRACE SECTION TWO SCALE : I" = 50' MAY 6. 1987 GREENWAY ENGINEERING AND SURVEYING CO., IN FIT 6 - BOX 152C 3 MILES EAST ON ROUTE 50 7 WINCHESTER VIRGINIA 22601 TELEP-TONE 66,1-4'86 111tuNtq I I::.Ui.�o_i, �;vUrll Y, dt,l. Ir,ff�f(urtty}/t1 OI wAUng 1, ryOJugd m mp dl the fl OCi�.6..1 "M ;_._.. and with c"jCale Ol eChnO� to record. t e�f xInO1Md IMI� 9� f8Q 6/ 62 c� L, W Z x CERTMCATE No. i 54.17-3 (s)965 4 54-17-3 (b)162 �� fO LAND;— I SHEET 6 OF 6 1 • � �-,---' y � '(jam r- of VIRCTINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RAY D. PETHTEL RICHMOND, 23219 OSCAR K. MABRY COMMISSIONER DEPUTY COMMISSIONER September 25, 1989 Secondary System Additions Frederick County Board of Supervisors County of Frederick 3 P. 0. Box_601 Winchester, VA 22601 MEMBERS OF THE BOARD: As requested in your resolution dated August 9, 1989, the following additions to the Secondary System of Frederick County are hereby approved, effective September 25, 1989. ADDITIONS BRENTWOOD TERRACE - SECTIONS 1-IV Route 1251 (Pebble Brook Lane) - From 0.01 mile West Route 1252 to Route 1254. Route 1253 (Fenwick Court) - From Route 1251 to South cul-de-sac. Route 1254 (Windcrest Circle) - From Route 659 to South cul-de-sac. D R Is 0 OCT - AM Sincerely, Oscar K. Mabry Deputy Commissioner LENGTH 0.11 Mi. 0.10 Mi. 0.16 Mi. `RA':�P RT TIQ1 FOR THE 21ST CCNTURY Farmers and Merchants National Bank 115 NORTH CAMERON STREET / P.O. BOX 2800 / WINCHESTER, VIRGINIA 22601 / 703-665-4200 DATE: NUMBER: AMOUNT: EXPIRATION: Mr. Robert Watkins Department of Planning County of Frederick 9 Court Square Winchester, Virginia 22601 Dear Mr. Watkins: January 5, 1988 ##165 $10,000.00 March 5, 1988 The Farmers and Merchants National Bank hereby issues our Irrevocable Letter of Credit, Number 165, in favor of R & R Properties, for the maximum amount of $10,000.00. The Letter of Credit ensures to Frederick County that the road will be completed in Section II, Brentwood Terrace on, or before, March 5, 1988. If Frederick County finds it necessary to make claims upon the funds, the correspondence should be addressed to my attention, with a draft signed by the authorized person for the County, to be drawn against Letter of Credit, Number 165. This Letter of Credit will remain in effect until the Bank is authorized by the County to cancel the Letter of Credit upon satisfactory completion of the road mentioned above, or the Letter of Credit reaches its expiration date of March 5, 1988. Sincerely yours, M. LEE BOPPE Executive Vice President Loans MLB: sls cc: Mr. William R. Ward, Jr. BRENTWOOD TERRACE SUBDIVISION, SEC.2 Shawnee Disttict