Loading...
HomeMy WebLinkAboutBrentwood Terrace, Section 3 Shawnee - BackfileI SUBDIVISION Brentwood Terrace, Section 3 Zoned RP (Residential Performance) 17 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: 17 single-family cluster lots with streets, easements, and open space. REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - It appears the plans have been revised as per our request. Sanitation Authority - I would like to see the centerline of easements across lots referenced to a corner. Easements appear o.k. Greenwood Fire Company - No objection. The Greenwood Volunteer Fire Company has no problem with this site plan. Planning and Zoning - No objection. The plans conform with the approved master plan and the Frederick County Code. STAFF RECOMMENDATIONS: Approval. M E M O R A N D U M TO: COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Greenwood Fire Company , ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington H. Jones Planning and Zoning Department ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: June 8, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Brentwood Terrace, Section 3 , or their representative, 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: �h P C,et!�?P 0j 6LJ6"--j� lid/ Pv--o,6 lew ;171 5/?f //7- Signature Date l 9 Cmirt Square - P.O. Box 601 - Winchester, Virginia - 22601 14. 0�.4e U4 �rv� COUNTY of FREDERICK �v Departments of Planning and Building 9h1 703/665-5650 N D M 9� TO: 70 VA. Dept. of Highways & Transportation , ATTN: Mr. William H. stman Greenwood Fire Company , ATTN: Mr. Walt Cunnin m +;i Sanitation Authority , ATTN: Mr. Wellington H. fines �! Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: June 8, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Brentwood Terrace, Section 3 , or their representative, 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: It appears the plans have been revised as per our request. Signature Date 6447 9 Cotirt Square - P.O. Box 601 - Winchester, Virginia - 22601 /*.dteL/ Rj COUNTY of FREDERICK Building M E M O R A N D U M TO: VA. Dept. of Highways 6 Transportation , ATTN: Mr. hman Greenwood Fire Company , ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington H. Jones Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: June 8, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Brentwood Terrace, Section 3 , or their representative, 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: Comments previously made. %o00 F-- = 9 Court Souare - P.O. Box 601 - Winchester, Virginia - 22661 p! 6 - BOX IS2C 3 MILES EAST ON POVTE 90 54.17.3 la)%5 ........,.ee��s .nef-IOUI• '~I 11L <1 %. 17.3 m162 s 11 !a ` COMMONWEALTH OF 7NIA (7e e-W T W o a cl PPICIA' RECEI T FREPEF'ICG CiRCL!IT CLIP' DEE? RECEIPT r ��5 F M 1 iq�C'] ACCOUNT: h !�r� i�_ '`ih'T, DATE: /Eh/8_ TIME: E: A. COU 4 4L'LRr_.h_ RE._t _ CAS41ER: NBS REG: WNiT TVP'= D-FD PA'NEP,T ;L r er -H-F INST cuNEJT 88i.3673 BCQr': 681 PAGE: 74 FF DES.- GFANTOR NAME ; R R PROPERTIES 3RANTEE NAME BREN?iJOOD TERRACE AND AD➢RES5 PECEIVED OF ; RONALD MARL DESCRIPTION 1: BRENT6001) TERR°U, EECTIO4 III, FINAL PLAT E: AND BRENTk00D T:.ERPFCE, SECTION IV, cIN4 P'_AT CONSi➢ER?TION: r?' ASSUMPTION; :ODE DE FIPTION PIE CODE DESCRIPTION+' 301 DEEDS TOTAL TENDERED 43, TOTAL A.n! Ul,r 1QID: 3, t0%; 4E1rT F ,Or�P : GEORGE Or, �; DER' u ? T DC-19 5/98 n 0 ANDERSON. LARRICK & LARRICK ATTORNRxs AT LAW WINCHNSTER. VIROINZA Brk681PG6�4 DEED OF SUBDIVISION AND DEDICATION This deed of SUAB�D,IVISION AND DEDICATION, made and dated this day of Av 1988, by apd 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 III, FINAL PLAT AND BRENTWOOD TERRACE SECTION IV, 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, THEREFOREy this deed of subdivision and 1 ANDERSON. LARRICK & LARRICK ATTORNEYS AT LAW WINCHERTAR. VIRGINIA BK68 1 PG675 WITNESSETH: That for and in consideration of the sum of 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 III, containing Seventeen (17) lots; and BRENTWOOD TERRACE, SECTION IV, containing Twenty (20) 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 Frederick County Department of Planning and Development, the same to be known hereforth as BRENTWOOD TERRACE, SECTION III & SECTION IV and do hereby grant and dedicate for public street purposes that land shown on said plat as public streets designated Fenwick Court, Windcrest Circle 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 dedication has been duly approved by the proper authorities of the County of Frederick, Virginia, as s is evidenced by the signatures affixed hereunto. 0 Ay\ UERSON. LARRICK & LARRICI{ ATTORNSY9 AT LAW WINCHESTER. VIRGINIA BK68 1 PG676 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 3 ANDERSON. LARRICK & LARRICK ATTORNEYS AT IaW WINCRRSTRR. VIRGINIA required for membersh1p6 Pn1tPhe6 ASSOCIATION. When more than one person holds such interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot. 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 e 4 ANDERSON, LARRICK & LARRICK ATTORNEYR AT LAW WINCHICRTRR, VIRGINIA BK681?G678 member of the ASSOCIATION, or its successors or assigns, and shall be deemed to covenant with the ASSOCIATION to pay to 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 5 ANDERSON. LARRICK & LARRICH ATTORNICYR AT LAW WINCIIRRTRR. VIRGINIA ! n C) , j n /" '7 9 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 (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. I z ANDERHON. LARRICK & LARRICK ATTORNLYS AT LAW WINCHESTER. VIRGINIA r_ 8 ( F, G `_,80 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. 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 I any deed of trust, pursuant to the foreclosure thereof, shall A R- ANDERSON. LARRICK & LARRICK ATTURNEVB AT LAW WINCH ERTBR. VIRGINIA BK681'G681 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. 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) M 0 ANDEmsom LARRICK & LARRICK ATTORNEYS AT LAW WINCIIESTYR, VIROINIA BK68 1 FG682 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 equity, all restrictions, conditions, 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 W E ANDERSON. LARRICK & LARRICK ATTORNEYS AT LAW tWINCHEBTER. VIROINIA B K 6 8 1 F UG G 8 3 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 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: 10 R. & R. PROPERTIES, a Virginia General Partnership 4 � L 4 L.( SEAL) J.-Randolph L rrick, Partner (SEAL) William R. Ward, Jr., -*Partner W ANDERSON. LARRICK & LARRICK ATTORNEYS AT LAW WINCIIRRTRR. VIRGINIA 6K68 I F6684 (_)nn, dLz/-4 (SEAL) Jamep R. Larrick, Jr. Sole Acting Trustee FARMERS AND MERCHANTS NATIONAL BANK OF WINCHESTER, VIRGINIA By: (SEAL) ) M. Lee Bo pe, Exebftive Vice President STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this 4'S_ ) day of A) a 1988, by J. RANDOLPH LARRICK and WILLIAM R. WARD, JR., partners, T/A R. & R. PROPERTIES, a Virginia General Partnership. My commission expires C�Ct-1. Notary Public STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this,q day of �i'�� 1988, by JAMES R. LARRICK, JR., Sole Acting Trustee. My commission expires Notary Public 11 ANDERSON. LARPIICK & LARRICIi ATTORNNYS AT I.AW WINCHESTER. VIRGINIA STATE OF VIRGINIA, AT -LARGE, -G-1Jf'Y/COUNTY OF ('.e,�[�,c.c�i , to -wit: The foregoing instrument was acknowledged,before me this Z :t�day of 1988, by M. Lee Boppe, Executive Vice President, of the FARMERS AND MERCHANTS NATIONAL BANK OF WINCHESTER, VIRGINIA. My commission expires 0 -7 12 Notary Public ANDERBON. LARRICK & LARRICK ATTORNEYS AT LW WINCNRYTYR. VIRGINIA BK68 1 PG686 DECLARATIONS OF COVENANTS AND RESERVATIONS BRENTWOOD TERRACE SECTION III & SECTION IV 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 III & SECTION IV 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 ANDERBON. LARRICK & LARRICK ATTORNEYS AT LAM WINCRESTER. VIRGINIA Ba68 1 PG687 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. 8. 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 suchltime such action has not been taken by the Owner) to enter upon the property involved and to repair, restore, or N ANDERSON. LARRICK & LARRICK ATTORNEYS AT LAW WINCHESTER. VIRGINIA BK68 ! FG688 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 any section 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: 3 ANDERSON. LARRICK & LARRICK ATTORNRTR AT LAW WINCIIRSTRR. VIRGINIA BK68 1 PG689 R. & R. PROPERTIES, a Virginia General Partnership (SEAL) an olp La ar ner (SEAL) W lliam R. Ward, Jr., Partner /\,-- A �AA (SEAL) Jame R. Larri , Jqj Sole Acting Trustee FARMERS AND MERCHANTS NATIONAL BANK OF WINCHESTER, VIRGINIA By: (SEAL) M. Lee abppe Executive Vice President STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this �%) day of �,! j a�,�, 1988, 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 y\NDERSON. LARRICK & LARRICK ATTORNEYS AT LAW WINCHESTER, VIROINTA Br, 60 1 -PG 690 STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this.; 4/) day of '-�}� , 1988, by JAMES R. LARRICK, JR., Sole Acting Trustee. My commission expires 'c-1 q �� Notary Public STATE OF VIRGINIA AT -LARGE, C-fTY-/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of 1988, by I %_ L 4ag _Z of the FARMERS AND MERCHANTS NATIONAL BANK OF WINCHESTER, VIRGINIA. My commission expires 5 X Notary Public FINAL PLAT ,.. SECTION THREE BK68 I PG69 BRENTWOOD TERRACE SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA MAY 6, 1987 't I' E RCNANGE 81 'J • WOCIEST£N '/t AMAOOOM ILLS SECTION TNO l SECTION 7hWE LOCATION MAP ALL PROPERTY OWNERS IN BRENTWOOD TERRACE ARE REQUIRED TO BELONG TO THE BRENTWOOD TERRACE HOMEOWNERS A:,'-OGATION. 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 FI.E AT THE FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT PLANNING COMMISSION VA. DEPT. OF TRANSPORTATION FREDERICK CO. SANITATION AUTH. BOARD OF SUPERVISORS SUBDIVISION ADMIN. APPROVED BY SCALE: /"' = 2000' DATF g���� z DATE 9,�3fy? DATE' DATE E OWNERSF CERTIFICATE THE ABOVE AND FOREGOING SUBD;'. 15; N -F 'HE ROPERTIES, AS APPEARS IN THE a GGMFaNYING P�-' IS w'H 'Hi =PE`L NT AND IN ACCORDANCE W!TH THE L,ESIkES OF THE d 11NDERS GNaD HERS, aROP IE'ORS C ' F F E ` G' a C9 SURVEYORS CERTIFICATE HEREBY CERTIFY THAT THE . AND CONTAINELI N 'K5 SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO k B k PHLPERTIES, BY DEED DATED JULY 31, 1986 AND RECORDED IN THE FkELEt%i�,K COUNTY CLERK'S OFFICE IN DEED BOOK 623 AT PAGE 52C H BRUCE EDENS C.L.S /',\ ' GREENWAY ENGINEERING AND SURVEYING CO., INC fALT11 0 IL BRUCE EDM CERT;F -'A'E 'ro. i BK68 1 PG692 FENWICK COURT CL LOT NO. DELTA RADIUS ARC 21036'45" 1200.00' 452.65' DELTA RADIUS TANGENT 229.05' ARC CHORD BEARING 6 DIST. S07039'22"W - 449.97' CHORD BEARING AND DIST 73 03024'40" 1175.00' 69.96' N14009'12'E - 69.94' 73 95003'08" 25.00' 41.48' N63023'07"E* - 36.88' 74 03040'08" 1175.00' 75.24' N10036'48"E - 75.23' 75 03040'U8" 1175.00' 75.24' N06056'40"E - 75.23' 76 03040'08" 1175.00' 75.24' N03016'32"E - 75.23' 77 28016'20" 50.00' 24.67' N35051'18"W - 24.42' 77 49034'03" 25.00' 21.63' N25012'26'W - 20.96' 77 01051'52" 1175.00' 38.24' N00°30'32"E - 38.24' 78 62°40'11" 50.00' 54.69' N09036'58"E - 52.00' 79 56055'11" 50.00' 49.67' N69024'39"E - 47.65' 80 47024'12" 50.00' 41.37' S34°38'13"E - 40.20' 81 46053143" 25.00' 20.46' S22054'46"W - 19.90' 81 57017'45" 50.00' 50.00' S17042'45"W - 47.94' 82 03049'10" 1225.00' 81.66' 501022'29"W - 81.64' 83 03032'49" 1225.00' 75.83' S05003'29"W - 75.82' 84 03032'49" 1225.00 75.83' S08036'18"W - 75.82' 85 0303249" 1225.00' 75.83' Si2009'07-W - 75.82' 86 02020'19" 1225.00' 50-uu' S15005'41"W - 50.00' 86 85`21'06" 25.00' 37-<4' S"6024'49"E - 33.89' common area 23047'21" 5u.00' 20.76' ti70014'02"W - 20.61' 6RENTWOOD TERRACE SECTION THREE SCALE: CURVE DATA DATE I MAY 6 1987 /f\ - - --- - - - - - - - - - A 0ALTO �� L MME EbE1tS % CERTIFICATE No. i t 54 17.3 (s)9�65 54 17 3 (0)162 _e cow_a I BK68 1 PGo93 I I MOO* m �► 89 � I 0 ti �O 81 450 SO. FT $ i �- F• /30.00' 88810, 306 SO. Fr l0 8,150 SO FT °o 85 0 j • � � I -td N 30.0,.. � V D out 87 N A :-°O 8,234 SQ. FTto i NW/CK COVRT � -- ,3000� -- . 1-- 5rx FE W 88' S 20.30 57" W 50 R1o A 69t 9'6* •� n�j to e _ w 73 0 saes• 74 a ll, •9/2 SO. FT O I I o N 20.30'57" E m� � I _ ga00 �- S 0 9•W I BRENTWOOD TERRACE SECTION THREE SCALE_ I" o 50' 1 DATE : MANY 6. 1987 I L 8"CIAE"N'S""' CERTIFICATE No, i 54.17.3 (a)965 54.17.3 (D)161 ,�4J I 56K 8 1 PG 6 9 4 0 7,3 85 , 9902 SO. FT 9, 9 �J4 74 9,285 SO. FT 84 .31 1 c col 9,846 SO. FT la N 83:10'0711 w 12168' 83 ell 9,586 SO. FT c N 86jj;R�F :zl k 82 ei 10,432 SO. FT lot :jl: 6. 81 80 r Tj ah -19 - 1 75 9,724 SO. FT /JA 70' 76 9,638 SO. FT. - -- — -- 11 77 A = 9,729 SO. FT ING3, 'N`%*e46 A z7' a, v I a * sijq BRENTWOOD TERRACE SECTION THREE I SCALE: 1" =50, 1 GATE- MAY 6.1987 w 2106' 41 Irw r,., t erocE CERTIFICATE No. 54.17-3 (s)965 54.17-3 M162 IK6 8 (P G69 77 . r7 Jw+ • •....� tiS T I 10,130 SCE Ff So•, 78 f p f� yJ _ 80 79 616 S0 FT. v _•• a N9a A Ri � \ �T SEC 7�vv Two �\ t BRENTWOOD TERRACE SECTION THREE SCALE = 1' : 50' DATE MAY 6,19137 MUCE CERTIFICATE ra. 64-17.3 (s)%5 n [l_19_7 f6►1G7 u . ""I-- t At 1 1 �e/saiPcsss w W ARF4 ACRES i ,. tlf / 13RENTWOOD TERRACE SECTION THREE i� SCALE: 1" = gp' DATE: MAY 611987 O 79 i 78 °w' ol NMI [DEE CERTIFICATE No. i 54.17.3 (o)%5 �3 U.17.2 1WRO FINAL PLAT .4ww'. . r�' E NGH�.rruc 9i WAVES TER CITY A SECTION FOUR BK 6 8 1 PG 6 9 7 BRENTWOOD TERRACE SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA MAY 6. 1987 1 � nNiW�Wn I Q1E � SEC TigN j TKV E SECTION FOUR SECTION r THREE LOCATION MAP :.LL PROPERTY OWNERS IN BRENTWOOD TERRACE ARE RtOU1RED TO BELONG TO THE BRENTWOOD TERRACE HOMEOWNEi< THE ASSOCIATION IS THE OWNER OF ALL AREAS SHOWY: AE COMMON AREAS ON THE ATTACHED PLATS ANC 15 RESF(CN°.rl t •�- THE MAINTENANCE OF THOSE AREAZ ALL OTHEh nV'.f l r *Mr ASSOCIATION ARE SET -FORTH IN THE RESTRi("iCn-' , �,VLr4ANT° ATTACHED HERETO. A COPY OF THE FINAL MAS't" L t •t CEMENT °LAN FOR BRENTWOOp TERRACE 15 ON FILE AT THY_ r Kt (-CRICK C')UNTY DEPARTMENT OF PLANNING ANC DEVE'_Gwmtl:' APPROVED PLANNING :.'JMMISSION VA. DEPT. OF 1 RANSPORTATION FREDERICK CO. SANITATION AUTH. BOARD OF SUPERVISORS SUBDIVISION ADMIN. SCALE : /- s 2 OO' DATE BZ f DATE-0-k—AP DAT E r 75--a7 DAT E OWNERS CERTIFIMTE iH ABCVE ANC FOREG:;r. PIES, A5 APPEAR: ,r ' • E .. _GIs. r; .. _ A ' N FKFE .�46 St'1VT AND IN ACCORLA-W.r N ',+t tS-^E_ .r -'t J JCERS G WNERS �: P �'OR T r-UST IF ANY. Yhr �t7•d yY, .r ,to.. �s / .2 S Y 7 SURVEYORS CERTIFICATE I "EREBY 'ERTIfl THAT ',Itr.' ra. t,, . . a PORTION GF THE i ArvL (-w. i VE: -i - r n`.r ; h t t %ATEL JULY ?i i986 ANL PtE Ki EL ,r• ' Ht r 'I, t :LERK'S OFF CE IN�DE(E[ NViK t-- J�'/r-"GEE `%t BRUCE LL;ENS �l_S I 1 (;RUNWAY FNr.INFFRIN(; AN(1 URVFYIN(; (:(1 INf' OIc T� O� L BRUCE lom Windcrest DELTA RADIUS ARC TANGENT CH. BEARING 6 DISTANCE Circle Centerline 71°05'56" 151.90' 188.49' 108.55' S47021141"W - 176.63' LUT NO. DELTA RADIUS ARC CH. BEARING b DISTANCE 90 118008'04" 40.00' 82.47' N10001'17"W - 68.62' 90 33051'54" 126.90' 75.01' N65058'42"E - 73.92' 90 11018'16" 173.34 34.20' N77015'31"E - 34.14' 91 99005'56" 40.00' 69.18' N61°2l'4."E 60.88' 96 42013'08" 50.00' 36.84' h37036'27"W - 36.02' 96 70031'44" 25.00' 30.77' N23027'09"W - 28.87' 97 70007'03" 50.00' 61.19' N18033'39"E - 57.44' 98 47021'52" 50.00' 41.33' S69009'58**L - 40.17' 99 57017'45" 50.00' 50.00' S16°50'09"E - 47.94' 107 12037'26" 176.90' 38.98' S18007'26"W - 38.90' 108 20004'52" 176.90' 62.00' S34028'35"W - 61.68' 109 32023'20" 176.90' 100.00, S60042'41"W - 98.67' common area 33031'56" 50.00' 29.26' N70023'08"E - 28.85' BRENTWOOD TERRACE CkM 78 SECTION FOURFGATE = Y 987 17.9 (s)%5 �1 Anrr\11AiAu runwrrniun u'!-IN (Dj16a ) Iun nrnrrv=ur (%n lur l� r•r •j I � f l BK 6 8 1 PG 6 9 9 .9 . AD' 109 09 SO. FT *0 6 69, jo-gy... (�� 15, /08 10,305 SO. FT. 107 t1t 10,611 SO. FT(-': 2ZOO, N 78*11M W �= 7=ZIV /06 9,100 SO. FT QQ PIS. Z vl i /34 105 9,100 SO. FT Ma 104 9,100 SO. -FT A ot go 9,456 SO. FT. ly_po 00 Y 69'o L•4A1,4C_ q6o 91 10,842 50. FT. IV Z8 W7,--- w 92 0, 10,020 SO. FT W -93 BRENTWOOD TERRACE SECTION FOUR I SCALE: I" a 50' 1 DATE : MAY 6.1987 1 &a.^ n.intirlitalfN At% .kin IL eluirl'u, CERTIFICATE No. 54-17-3 (a)965 54-17.3 M162 750' V /00 SQ. I T. 99 63. 00' 70. 00' /0/ 9,/00. SO. IT ro "o BK6 8 1 PG7 0 0 N 1104843" E 70. 00' 102 9,/00 So. I T. lA,11A If 11% AD AC�C "r W 'T S 11*48*43*'W 7500' I(A RO. 77 7aoo* 103 104 9,100 SO. I T CIRCLE 50 * RIW - 510.00' 7100' Eyr-� 7100' 4-44 10,600 YR 10,114 So. .,F T. so. I I T SO. IT 9,279 So. IT 97 +) L ,q .:2.2. �— 6r 00'—, S • Oyuw BRENTWOOD TERRACE SECTION FOUR SCALE: I" = 50' 1 DATE: MAY 66. 1987 ,1000""Vft, .,,n ^n MA A 4m K; Fri VEMN CERTIFICATE No. 54-17-3 (8)965 54-17.3 (b)162 `t ,K68 l PG70 1 N #"48 43" E YQOO 1� 10 /00 99 .12,259 SO. FT. I .Fytp ES T 98 Q • .. — IV, °- 11,,197 50. FT. S0 / S p2'Sp64 `� 7 / CI 4 r 6► / \." \ _ / '° 96 COMMON AREA (SEE SHEET 6 OF 6) ^ y 4 �� C 12, 892 SQ. F T. , pq • W BRENTWOOD TERRACE SECTION FOUR SCALE = r • 5o, DATE, MAY 6 1987 CERTIFICATE NO. 54.11.3 (1)965 Ls W7.3 (Dllfi2 AP ,K68 l PG70 1 N #"48 43" E YQOO 1� 10 /00 99 .12,259 SO. FT. I .Fytp ES T 98 Q • .. — IV, °- 11,,197 50. FT. S0 / S p2'Sp64 `� 7 / CI 4 r 6► / \." \ _ / '° 96 COMMON AREA (SEE SHEET 6 OF 6) ^ y 4 �� C 12, 892 SQ. F T. , pq • W BRENTWOOD TERRACE SECTION FOUR SCALE = r • 5o, DATE, MAY 6 1987 CERTIFICATE NO. 54.11.3 (1)965 Ls W7.3 (Dllfi2 AP BK 6 8 1 PG 7 0 2 A/ 1104AeT"X' BRENTWOOD TERRACE SECTION FOUR SCALE: I- . 50' DATE i FEBRUARY 16,1987 CERTIFICATE No. 54-17.3 (a)965 51-17.1 thlig? , A V COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION '0 (703) 984-4133 Anril 16, 1967 &1r. H. Bruce Edens Ref Brentwood Terrace Subdivision C/0 Greenway E-nSr. & Survey. 'C'o. , Inc. -Section IIi Route 6, Box 152C Frederick County Winchester, Virginia 22601 Dear Bruce: As re -guested, a review of the above referenced subdivision has been made. Listed below are our cocaments: 1. Soil Stabilization Mat to be added along Pebble brook Lane, as Indicated. 2. Any proj:)o5ed mailboxes must be placed back of the ditch line to prevent hinderin,of maintenance operations wher. this strent 16 added to tlle Secondary :system. In the Tmst we have experienced problems with this matter. Please review this witla tie developer. It has been determined the base stone would be a minimum of 81 of Crushed Stone, Type 21-.q plus a --)rime and double seal surface. CBR 'rests are not necessarv. iittacned is a copy of the minimum requiroments and data for subdivision streets prior to acceptance into the Secondary System. This is the responsibility of the developer. It you nave any questions, please do not '.3esitate to contact tree. Since -rely, K. D. Walker Inspector Fort W. H. Bushrian, Resident Engineer KDWII-,% Attach. cc: Mr, R. L. Moore Ar. C. E. Niattox Mr. Robert W. Watkins ;/ / 5- COS. MONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION �"'N (6 �\11 2' CID C-0 (703) 584-4133 June 3, 1987 H. Brucv Edens Ref: Brentwood Terrace Subdivision C/O Gree.-&aay -Engir. Co., In, ;. Section 3 Route 6, i3ox 1521, Section 4 Winchester, Virginia 22601 Dear Bruce This is to ackn(ywledge receipt of tivu revised plans for the a0ove- referencad surdivilions. They aiA.)aar to have beei satisfactorily revised as per our request. Should y(yu have any questions, please do not hesitate to contact me�- Sincerely, K. j). calker bisTjec-ltor For: W. H. Buskvma Resident Engineer Y,Lw/ks cc: Mr. J. C. Heatwole Mx. llbbex Lt W. 'W'atkins I _r: +N i! � COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703 ) 984-4133 March 26, 1987 RESIDENT ENGINEER Mr. H. Bruce Edens Ref: Brentwood Terrace Subdivision C/O Greenway Engr. & Survey Co., Inc. Section II Route 6, Box 152C Frederick County Winchester, Virginia 22601 Dear Bruce: As requested, a review of the above referenced subdivision has been made. Listed below are our comments: 1. The 20' drainage easement from the cul-de-sac to be extended to the property line. 2. The pipe under Pebble Brook Lane to be moved to Station 7 + 00. The roadway ditches need to be deepened so water flo-,,vs to the pipe. 3. The lots along Astoria Court to be filled in so drainage from the 18" pipe is confined within the street right-of-way. 4. A CD underdrain is to be installed in the sag on Pebble Brook Lane. 5. Any proposed mailboxes should be placed back of the ditch line to prevent hindering of our maintenance operations when these streets are added to the Secondary System. It has previously been determined the base stone would be a :minimum of 8" of Crushed Stone, Type 21-A plus a prime and double seal surface. The CBR tests are not necessarv. Attached is a copy of the minimum requirements and data for subdivision streets prior to acceptance into the Secondary System. This is the responsibility of the developer. Should you have any questions, please do not hesitate to contact me. Sincerely, K . D . ,Vaiker Inspector For. t':. H 3 u_ ;.man 1CSiCi:'nt ._. '1•••C:er j_) :ittac' . cc: Mr. R. L. Moore Mr. C. E. %lattox Mr. Robert W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY lI ' 1 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION ��l P. O. BOX 278 �f 't \� RAY D. PETHTEI EDINBURG, 22824 l _'�I�tyy++ MAF COMMISSIONER �� ENGINEER (703) 984-4133 RESIDE March 26, 1987 Mr. H. Bruce Edens Ref: Brentwood Terrace Subdivision C/O Greenway Engr. & Survey Co., Inc. Section II Route 6, Box 152C Frederick County Winchester, Virginia 22601 Dear Bruce: As requested, a review of the above referenced subdivision. has been made. Listed below are our comments: 1. The 20' drainage easement from the cul-de-sac to be extended to the property line. 2. The pipe under Pebble Brook Lane to be moved to Station 7 + 00. The roadway ditches need to be deepened so water flows to the pipe. 3. The lots along Astoria Court to be filled in so drainage from the 18" pipe is confined within the street right-of-way. 4. A CD underdrain is to be installed in the sag on Pebble Brook Lane. 5. Anv proposed mailboxes should be placed back of the ditch line to prevent hindering of our maintenance operations when these streets are added to the Secondary System. It has previously been determined the base stone would be a minimum of 8" of Crushed Stone, Type 21-A plus a prime and double seal surface. The CBR tests are not necessary. Attached is a copy of the minimum requirements and data for subdivision streets prior to acceptance into the Secondary System. This is the responsibility of the developer. Should you have any questions, please do not hesitate to contact me. Sincerely , K . D . :`'aiker Inspector For: V.. H . ? us nman Resici�_,nt :1ttaCn. cc: Mr. R. L. Moore Mr. C. E. Mattox Mr. Robert W. Watkins TRANSPORTATION FOR THE 21ST CENTURY 14&� COMMONWEALTH of VIRGINIA `\' (t DEPARTMENT OF TRANSPORTATION ��/ 1, /MA cP. O. BOX 278�RAY D. PETHTEL EDINBURG. 22824 6ZII [� COMMISSIONER (703) 784-4133 RESIDENTENGINEER March 26, 1987 Mr. H. Bruce Edens C/O Greenway Engr. Route 6, Box 152C Winchester, Virginia Dear Bruce: Ref: Brentwood Terrace Subdivision & Survey Co., Inc. Section II Frederick County 22601 As requested, a review of the above referenced subdivision has been made. Listed below are our comments: 1. The 20' drainage easement from the cul-de-sac to be extended to the property line. 2. The pipe under Pebble Brook Lane to be moved to Station 7 + 00. The roadway ditches need to be deepened so water flows to the pipe. 3. The lots along Astoria Court to be filled in so drainage from the 18" pipe is confined within the street right-of-way. 4. A CD underdrain is to be installed in the sag on Pebble Brook Lane. 5. Anv proposed mailboxes should be placed back of the ditch line to prevent hindering of our maintenance operations when these streets are added to the Secondary System. It has previously been determined the base stone would be a minimum of 8" of Crushed Stone, Type 21-A plus a prime and double seal surface. The CBR tests are not necessary. Attached is a copy of the minimum requirements and data for subdivision streets prior to acceptance into the Secondary System. This is the responsibility of the developer. Should you have any questions. please do not hesitate to contact me. Sincerely, K . D . Walker Inspector For: H . u_� hman ZE:SiCIC C:er ittaCh . cc: Mr. R. L. Moore Mr. C. E. Mattos Mr. Robert W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY 28293pe • � , t' COMMONWEALTH of VIRGINIA C ,, ij � f�l DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 v4 � RAY D. PETHTEI EDINBURG. 22824 MAf COMMISSIONER (703) 984-4133 RESIDENT ENGINEER March 26, 1987 Mr. H. Bruce Edens Ref: Brentwood Terrace Subdivision C / O Greenway Y Engr. & Survey Co. , Inc. Section II Route 6, Box 152C Frederick County Winchester, Virginia 22601 Dear Bruce: As requested, a review of the above referenced subdivision . has been made. Listed below are our comments: 1. The 20' drainage easement from the cul-de-sac to be extended to the property line. 2. The pipe under Pebble Brook Lane to be moved to Station 7 + 00. The roadway ditches need to be deepened so water flows to the pipe. 3. The lots along Astoria Court to be filled in so drainage from the 18" pipe is confined within the street right-of-way. 4. A CD underdrain is to be installed in the sag on Pebble Brook Lane. 5. Anv proposed mailboxes should be placed back of the ditch line to prevent hindering of our maintenance operations when these streets are added to the Secondary System. It has previously been determined the base stone would be a minimum of 8" of Crushed Stone, Type 21-A plus a prime and double seal surface. The CBR tests are not necessary. Attached is a copy of the minimum requirements and data for subdivision streets prior to acceptance into the Secondary System. This is the responsibility of the developer. Should you have any questions, please do not hesitate to contact me. Sincerely, K . D . I.Vaiker Inspector For: t':. H . S roman zE SiCal.^.0 ._:''?ineer :itt acn. cc: Mr. R. L. Moore Mr. C. E. `lattox Mr. Robert W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY 1 \ OV.v.�s-�E- �•l.� C�.V d. \-j•�V,cities+-,� \jA .;�-z(oc1 onhi� delt+lured eS -ID Vi)hwT' BRENTWOOD TERRACE, SECTI