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
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LOT NO.
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BEARING
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56
0304259"
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60
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61
48040'07"
50.00'
42.47'
N37015'21"W
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61
49056'43"
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21.79'
N36037'03"W
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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
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40.17'
64
59048'03"
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65
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68
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S01029'53"E
-
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69
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70
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S07022'42"W
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35.70'
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-
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02056'18"
975.00'
50.00,
S11015'24"W
-
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common
area 24047'12 50.u0' 21.63' N46027139"E - 21.46'
BRENTWOOD TERRACE �°F
SECTION TWO ����
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CURVE DATA DATE: MAY 6 1987 CERTIFICATE No. i
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SECTION TWO
SCALE : 1" = 50' MAY 6, 1987
GREENWAY ENGINEERING AND SURVEYING CO.. INC.
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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
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CERTIFICATE No.
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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
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CERTIFICATE No. 1
54.17.3 (8)965
F. 54.17.3 (b)1.62
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LAND
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8
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`-` COMMONWEALTH OF VIRGINIA
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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
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& LAB
wTl'OR#iTS AT LAM
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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
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: 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
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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
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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
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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
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SECT -ION TWO
1" = 50' MAY ro, 1987
t:
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P' E BOX 152C a MILES EAS' ON ROUTE 50
WINCHESTER VIRGINiA 22W,
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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"
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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
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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
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to record. t e�f xInO1Md IMI� 9� f8Q
6/
62
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CERTMCATE No. i
54.17-3 (s)965
4 54-17-3 (b)162
�� fO LAND;—
I SHEET 6 OF 6 1
• � �-,---' y � '(jam
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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