HomeMy WebLinkAboutBrentwood Terrace, Section 5 Shawnee District - BackfileCOUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
February 18, 1988
Mr. Ron Ward
P. 0. Box 2071
Winchester, Virginia 22601
Dear Mr. Ward:
This letter is to confirm the Frederick County Planning Commission's action at
their meeting of January 20, 1988:
Approval_ of the Final Subdivision Plat of Brentwood Terrace, Section 5, zoned RP,
for 19 single-family cluster lots with streets, utilities, easements, andl open
space. This property is located on the south side of Valley Mill Road, Route
659, in the Shawnee Magisterial District.
If you have any questions regarding your subdivision, please do not hesitate to
call this office.
Sincerely,
Robert W. Watkins
Planning Director
RWW/dkg
Enclosure
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
C
COUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
February 18, 1988
Mr. Ron Ward
P. 0. BOX 2071
Winchester, Virginia 22601
Dear Mr. Ward:
This letter is to confirm the Frederick County Planning Commission's action at
their meeting of January 20, 1988:
Approval of the Final Subdivision Plat of Brentwood Terrace, Section 5, Zoned RP,
for 19 single-family cluster lots with streets, utilities, easements, and open
space. This property is located on the south side of Valley Mill Road, Aou e
659, in the Shawnee Magisterial District.
If you have any questions regarding your subdivision, please do not hesitate to
call this office.
Sincerely,
Robert W. Watkins
Planning Director
RWW/dkg
Enclosure
9 Court Square - P.O. Box 601 - Winchester, Virginia - 2�601
SUBDIVISION
Brentwood Terrace, Section 5
Zoned RP (Residential Performance)
19 Lots
LOCATION: South side of Valley Mill Road, Route 659.
MAGISTERIAL DISTRICT: Shawnee
ADJACENT LAND USE AND ZONING: Residential and open/vacant land uses and RP
(Residential Performance) Zoning.
PROPOSED USE AND IMPROVEMENTS: 19 single-family cluster lots with streets,
utilities, easements, and open space.
REVIEW EVALUATIONS:
VA Dept. of Transportation - See attached letter dated December 16, 1987.
Sanitation Authority - No objections.
Greenwood Fire Company - The Greenwood Volunteer Fire Company has no problem
with this site plan.
Inspections - Shall comply to use Group R, Section 309.0 of the BOCA Basic
National Building Code 1984.
Planning and Zoning - No objection. The plans are drawn in accord with the
approved master development plan.
STAFF RECOMMENDATIONS: Approval.
COUNTY of FREDERICK
Departments of Planning and Building
M E M O R A N D U M ,� , 703/665-5650
VA. Dept. of Transportation , ATTN: Mr. William �uS�� �ot
0
Sanitation Authority , ATTN: Mr. Wellington�.
Greenwood Fire Company , ATTN: Mr. Walt Cunning -4-ti
1Z9Z
Inspections Department , ATTN: Mr. Kenneth Coffelt
Planning and Zoning Department , ATTN:-Mr. Stephen M. Gyurisin
ATTN:
FROM: Robert W. Watkins, Director DATE: December 3, 1987
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
X Subdivision Master Development Plan Rezoning
(Final)
We are reviewing the enclosed request by Brentwood Terrace, Section S ,
or their representative, Bruce Edens 662-4186
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
RIGHT-OF-WAY, . LAND USE PERMIT MUST BE APPLIED FOR AND
APPROVED BEFORE A STREET CONNECTION UNDER ROUTE 659.
Signature Date / Q's Z
4 f n„rt gn„are - P 0 Rnx 601 - Winchester. Virginia - 22601
G C3
ION
-h, FVi IL... .
COUNTY of FREDERICK
Departments of Planning and Building
..�-,._ 703/665-5650
DEC 19
VA. Dept. of Transportation
, ATTN:
Mr.
W' i
H. Bus man _
Sanitation Authority
, ATTN:
Mr.
We in
ji fl�.A�6�7iDas
Greenwood Fire Company
, ATTN:
Mr.
Wal �`,
Q
ningham
ZZ`
Inspections Department
, ATTN:
Mr.
Kenneth
Co elt
Planning and Zoning Department
, ATTN:-Mr.
Stephen
M. Gyurisin
, ATTN:
FROM: Robert W. Watkins, Director DATE: December 3, 1987
SUBJECT: Review Comments On:
X_ Subdivision
(Final)
Conditional Use Permit
Master Development Plan
Site Plan
Rezoning
We are reviewing the enclosed request by Brentwood Terrace, Section 5 ,
or their representative, Bruce Edens 662-4186
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
®k
Signature Date ;'7
4 ('nnrt CmiarP - P 0 Roy 601 - Winchester. Virginia - 22601
Form No. 22-B VIRGINIA DEPARTMENT OF TRANSPORTATION
INTRA—DEPARTMENTAL MEMORANDUM
Mr. C. E. Mattox Edinbur
TO Attn: Mr. J. C. Heatwole Virginia
W. H. Bushman
FROM December 1 11987
SUBJECT : Brentwood Terrace Subdivision Route Proj.
Section V
Route 659
Frederick County
04 ° C°J49
Attached are two (2) sets of final master develo g r ep t to
above referenced for your review and comments. N a A o
C. William Lam
Inspector
For: W. H. Bushman
Resident Engineer
CWL/ks
Attach.
cc: Mr. R. L. Moore
Mr. Robert W. Watkins
COUNTY fFREDERICK
Departments of Planning and Building
M E M O R A N D U M 703/665-5650
VA. Dept. of Transportation
, ATTN:
Mr.
William H. Bushman
Sanitation Authority
, ATTN:
Mr.
Wellington H. Jones
Greenwood Fire Company
, ATTN:
Mr.
Walt Cunningham
Inspections Department
, ATTN:
Mr.
Kenneth Coffelt
Planning and Zoning Department
, ATTN:-Mr.
Stephen M. Gyurisin
, ATTN:
FROM: Robert W. Watkins, Director DATE: December 3, 1987
SUBJECT: Review Comments On:
X Subdivision
(Final)
Conditional Use Permit
Master Development Plan
Site Plan
Rezoning
We are reviewing the enclosed request by Brentwood Terrace, Section 5 ,
or their representative, Bruce Edens 662-4186
Will you please review the attached and return your comments to me as soon as
possible.
---------------------------------------------------------------------------------
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
TAe Grecnlu,160J 1idl A)6
Signature
A(
ate
Zr
U Cnnrt GninrP - P 0, Rnx A01 - Winchester. Virginia - 22601
0
COUNTY of FREDERICK
Departments of Planning and Building
M E M O R A N D U M 703/665-5650
VA. Dept. of Transportation
, ATTN:
Mr.
William H. Bushman
Sanitation Authority
, ATTN:
Mr.
Wellington H. Jones
Greenwood Fire Company
, ATTN:
Mr.
Walt Cunningham
Inspections Department
, ATTN:
Mr.
Kenneth Coffelt.
Planning and Zoning Department
, ATTN:-Mr.
Stephen M. Gyurisin
, ATTN:
FROM: Robert W. Watkins, Director DATE: December 3, 1987
SUBJECT: Review Comments On:
A Subdivision
(Final)
Conditional Use Permit
Master Development Plan
Site Plan
Rezoning
We are reviewing the enclosed request by Brentwood Terrace, Section 5 ,
or their representative, Bruce Edens 662-4186
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 s-�� -'y J� Date
T
U Cniirt GninrP - P n Rnx Ann - Winrheeter. Virginia - 22601
n
N
rrM�
COMMONWEALTH of VIRG
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
RAY D. PETHTEL EDINBURG, 22824
COMMISSIONER (703) 984-4133
December 16, 1987
Mr. H. Bruce Edens
C/O Greenway Engr. & Survey Co.
Route 6, Box 152-C
Winchester, VA 22601
Dear Bruce:
BUSHMAN
:NT ENGINEER
Ref: Brentwood Terrace Subd.
Section Five
Route 659, Frederick Co.
As requested, a review of the above referenced subdivision has been made.
Attached you will find one (1) set of plans with changes marked in red. We
are listing below are comments and recommendations.
1. Standard CD underdrains to be added to the plans as noted.
2. The 10' drainage easements at the end of Van Buren Place are to be changed
to 20' width and extended to the boundary line as noted with drainage
ditch and soil stabilized mat provided.
3. The 2 (two) drainage easements shown on the plan and profile sheet should
also be shown on the plat sheet.
We assume soil stabilized mat will also be provided in all roadway ditch lines
over 2%- grades.
Attached is a copy of the minimum requirements for subdivision streets prior
-�u acceptance into the State's Secondary System. This is the responsibility
o-f the developer.
.i am atitia:cning a copy of tine minimum requiirements nor privatie EL ; CUices.
Please revise these plans and resubmit for review.
Sincerely,
C. William Lam
Inspector
For: W. H. Bushman
Resident Engineer
CWL/rh
Attach.
xc: Mr. R. L. Moore
Mr. C. E. Mattox
Mr. Robert W. Watkins
TRANSPORTATION FOR THE 21 ST CENTURY
V I R G I N I A DEPARTMENT
OF T R A N S P20 R T A T I O N
INTRA- MEMORANDUM
70 : Mr. C. E. Mattox
Attn: Mr. J. C. Heatwole
FRAM : W.HBushman
SUB=: Brentwood Terrace Subdivision
Section V
Edinburg, Virginia
January 26, 1988
Ref: Route 659
Frederick county
Attached you -will -find -one (1) set of the revised master development plans to
the above referenced subdivision for your review and ccuuients. It appears all
previous noted revisions have been made.
Please review and advise accordingly.
C. William Lam
Inspector
For: W. H. Bushman
Resident Engineer
CWL/rh
Attach.
xc: Mr. R. L. Moore
Mr. Robert W. Watkins
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17
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54.39'
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51.75'
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49049'19"
98.46'
85.62'
S44010'36"E
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18
60008'52"
50.00'
52.49'
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18
21019'32"
229.7C'
85.49'
S29055'43"E
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85.00'
23
9C000100"
25.00'
39.27'
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23
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50.00'
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48011'23"
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21.03'
S44059'40"E
-
20.41'
29
i
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18022'48"
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37
62030'08"
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CERTIFICATE NO.
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GREENWAY ENGINEERING AND SURVEYING
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WINCHESTER VIRGINIA
22Wl
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TELEPI+ONE 662-4186
SHEET a Of 6
✓IRGINIA: FREDERICK COUNTY, SCT.
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AT E - BOX ,52C 3 MILES EAST ON ROUTE 50
WINCHESTER. VIRGINIA 22WI
TELEPHONE %2-4I86
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CERTIFICATE No. i
54.17.3 (s)%5
'��54,17-3 (D)162�� LAND bow
SHEET Z of 6
i
5
COMMONWEALTH OF VIRGINIA
�} J �AYe ewc.(o&� C] Cop1r3
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FREDERiCK RC_IT
DATE: Oh%G'3:i�= CL.k:3189 TIME: :SE:n;riti r
REG: WN17 T�aCASNIEF: NBS CIF ii�35^
INSTRUPENT : 904r99 BOGK: "1` P E: 4c_ 9't-L E.
GRANTOP NAME R AND ;, PPrPEPTIES
GRANTEE NAME : COUNTY PC FREIE':I.. �
AND ADDRESS
RECEIVED OF : RONALE WARS
DESCRIPT I7N I: BRENTWOOD TEF'= -c: HCTI0k FI':'E, FI`dA_ FL;A:T
CONSIDEFATiON: 0ri AEEU"F-ID C, lAF:
CODE DES:RIPTION PAIf CODE 5HCRT"TI_N PAI'
301 DEEDS 34AF.
T�''A= 'E'=rERED jti,
TT'L Ar.r1wT P✓iI:
TDT4_ NUDE NT
C: ERE; OF CO Urt_r Wr:I l;_t:E
DC-19 5/86
ANDERBON. LARRICK
& LARRICR
ATTORN8T9 AT LAW
WINCHYBT=R. VIRGINIA
aft% 1 5FG622
DEED OF SUBDIVISION AND DEDICATION
This deed of SUBDIVISION AND DEDICATION, made and
dated this "r/i day of 1989, 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 October 27, 1987 and revised January 13, 1988, known as
BRENTWOOD TERRACE, SECTION FIVE, 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
ANDRRsom LARRICK
& LARRICK
ATTORNRY9 AT LAW
WINCHIC8TRII. VIRGINIA
- 623
0n 1 j i
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 FIVE, containing Nineteen (19)
lots and retained portion according to the revised
subdivision plat dated January 13, 1988, 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 FIVE
and do hereby grant and dedicate for public street purposes
that land shown on said plat as public streets designated Van
Buren Place, Van Buren 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
dedication has been duly approved by the proper authorities
of the County of Frederick, Virginia, as is evidenced by the
signatures affixed hereunto.
K
ANDERSON. LARRICK
& LAIIRICK
ATTORMure AT LAW
WINCHESTER. VIRGINIA
5iG62It
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
ANDERSON, LARRICE
& LARRICK
ATTORNSTN AT LAW
WINCR£RTRII, VIROINIA
3rt7I�.G625
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
ANDEnsom LARRICK
& LARRICK
ATTORNEYS AT LAW
WINCBEBTRR, VIRGINIA
B1 i- 1 5PG626
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 $30.00 per lot per
calendar year beginning January 1, 1990, due and payable
March 31 of each year for the year in which the assessment is
made and shall continue in that amount until changed by the
Board of Directors as set forth herein. It is due from the
record owner(s) of each lot as of December 31 of the year
preceding the assessment and shall be the personal obligation
of the lot owner(s).
From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the
maximum annual assessment per lot may be increased above that
set forth hereinabove by a vote of the members, for the next
succeeding year, provided that any such change shall have the
assent of Sixty Percent (60%) of the votes of members who are
voting in person or by proxy, at a meeting duly called for
this purpose by the Board of Directors. Written notice of
the meeting shall be mailed to the lot owners at their
addresses of record with the ASSOCIATION not less than thirty
:�
ANDERBON. LARRICK
& LARRICK
ATTORNEYS AT LAW
WINC$BSTER, VIRGINIA
(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.
51
ANDERSON, LARRICK
& LARRICK
A73011N1CY6 AT LAW
WINC$II9Tii H. VIROINIA
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.
7
ANDERSON. LARRICK
& LARRICK
ATTORNEYS AT LAW
WINCKZSTRR. VIROINIA
G1r'c�29 ; iG
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
M
ANDERsom LARRICK
& LARRICK
ATTORNICTR AT LAW
WINCHENTHR, VIRGINIA
Uli( i FC�J.1
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
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
0
ANDERSON. LARRICK
& LARRICK
ATTORNEYS AT LAW
WINCHRSTRR. VIRGINIA
r,
u i1 r 1 ,i•G G 3 1
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
1• 1 l/
j (SEAL)
�7. lRaffdolDhL rri Partner
(SEAL)
William R. Ward, Jr., rtner
0. /L, �/' : Z 5 L-- 4.._(SEAL)
Jam4fs R. Larrick, Jr.
Sole Acting Trustee
FARMERS AND MERCHANTS NATIONAL
BANK OF WINCHESTER, VIRGINIA
By: (SEAL)
M. Lee Soppe, Ex9cutive Vice
President
10
ANDERBON. LARRICK
& LARRICK
ATTORNICYS AT LAW
WINCHESTER. VIRGINIA
^ p, `" �
u r 1 ' G 1'7 J'
STATE OF VIRGINIA, AT -LARGE,
CITY OF WINCHESTER, to -wit:
The foregoing instrument was acknowledged before me
this `ti; day of,_ 1989, by J. RANDOLPH
LARRICK and WILLIAM R. WARD, JR., partners, T/A R. & R.
PROPERTIES, a Virginia General Partnership.
My commission expires
rt'
Notary Public /
STATE OF VIRGINIA, AT -LARGE,
CITY OF WINCHESTER, to -wit:
The foregoing instrument was acknowledged before me
this `� day of� 1989, by JAMES R. LARRICK,
a
JR., Sole Acting Trustee.
My commission expires 'act
Notary Public
STATE OF VIRGINIA, AT -LARGE,
G44-Y/COUNTY OFto-wit:
The foregoing instrument was acknowledged before me
this day of 1989, by M. Lee Boppe,
Executive Vice President, of the FARMERS AND MERCHANTS
NATIONAL BANK OF WINCHESTER, VIRGINIA.
My commission expires Q Z 3 1 9 ,U
Notary Pub is
j
11
ANDERBON. LARRICK
& LARRICK
ATTORNRYO AT LAW
WINC88BTRR. VIRGINIA
DECLARATIONS OF COVENANTS AND RESERVATIONS
BRENTWOOD TERRACE
SECTION FIVE
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 FIVE
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 by 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 within 30 days from receipt. If not
disapproved within 30 days from date of receipt they shall be
deemed approved.
✓ `�tf F"4-
ANDERSON. LARRICK
& LARRICK
ATTORNRYR AT LAW
WINCHRRTF.R. VIROINIA
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
used 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 constructions, 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 such time such action has not been taken by the Owner) to
enter upon the property involved and to repair, restore, or
2
ANDERSON. LARRICK
& LARRICK
ATTORNEYS AT LAW
WINCHRSTRR, VIRGINIA
t%7I �� a5
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
(10) 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 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 period 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
ATTORNICTS AT I.AW
WINCHROTYR. VIRGINIA
R. & R. PROPERTIES, a Virginia
General Partnership
f,f (SEAL)
i
.-;T-. . X&ndb'lph Laffick, Partner
y�1 ( SEAL )
Wi liam R. Ward, Jr., 43airtner
,^ (SEAL)
Jam R. Larrick, Jr.
Sole Acting Trustee
FARMERS AND MERCHANTS NATIONAL
BANK OF WINCHESTER, VIRGINIA
---�1-2
By: ��� / (SEAL)
M. Lee oppe Ly
Executive Vice President
STATE OF VIRGINIA, AT -LARGE,
CITY OF WINCHESTER, to -wit:
The foregoing instrument was acknowledged before me
this `/_ day of June, 1989, by J. RANDOLPH LARRICK and
WILLIAM R. WARD, JR., Partners, t/a R. & R. Properties, a
Virginia General Partnership.
My commission expires C ,;,(i0 ij;
4
Notary Pu is
"DRRsom LARRICK
& LARRICK
ATTORNCTR AT LAW
WINCIIC9'CYR, VIRGIYIA
� r 637
STATE OF VIRGINIA, AT -LARGE,
CITY OF WINCHESTER, to -wit:
The foregoing instrument was acknowledged before me
this !,'; day of June, 1989, by JAMES R. LARRICK, JR., Sole
Acting Trustee.
My commission expires
J
Notary Public
STATE OF VIRGINIA, AT -LARGE,
COUNTY OF FREDERICK, to -wit:
The foregoing instrument was acknowledged before me
this _l day of June, 1989, by M. LEE BOPPE, Executive Vice
President of the Farmers and Merchants National Bank of
Winchester, Virginia.
My commission expires
G � Notary Public
5
T
RAY D. PETHTEL
COMMISSIONER
Mr. Ronnie Ward
P. O. Box 2071
Winchester, VA
Dear Ronnie:
COMMONWEALTH of VIRCjINIA
DEPARTMENT OF TRANSPORTATION
P. 0. BOX 278
EDINBURG, 22824 WILLIAM H. BUSHMAN
(703) 984-4133 RESIDENT ENGINEER
July 23, 1990
Ref: Brentwood Terrace Subdivision
Sections I & V
22601 Frederick County
Enclosed you will find your recently submitted Letter of Credit #265 in the
amount of S3,750.00 to guarantee workmanship and performance of materials on
the streets in the above referenced development. The letter is unacceptable
and is being returned for the following reasons:
1. The expiration date is October 1, 1991. This is one (1) month longer than
what we require. Therefore, the date should be changed to
September 1, 1991.
2. The statements highlighted on the enclosed example should be incorporated
into your letter of credit.
Please have your bank revise the letter and resubmit to this office.
For your information the remainder of the package is in order and will be
filed at this office.
Should you have any questions concerning the above, do not hesitate to call.
RBC/rf
Enclosures
xc: Mr. R. L. Moore
Mr. F. E. Wymer
Mr. R. W. Watkins
Sincerely,
W. H. Bushman
Resident Engineer
(a'l /� - e4,V,��
By: Robert B. Childress
Hwy. Permits & Subd. Spec. Senior
TRANS=0RTATIO^J =CR THE 21 ST CENTURY
i
6/,La� " .01,
I l oL&ly�
I,Jtir,c.l�a�`�
(�ls 2-
rBRENTWOOD TERRACE, SECTION 5
District