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Home My WebLink AboutLakeside Estates Sections V, VI, VII - Backfilenoes V.)CA'jC)C qak m2 the PdS � OPPJs w/iN �► ►e . Okn d 0(5'Ke d Me. +o 11`0-7,4 cam. AlP. �A! - 5ub& •DP OKcS-oc Esf . ant .V, Vr Ulr� pxA- OR a3 -+n'►GnlhlY ,a� lrlcOAj N 4file, BIgB : dho .3 6, ✓) AUG' O 5 1888 8JPG52 1 VAC THIS DEED OF DEDICATION, made and dated this 5th day of August, 1988, by and between SHIHO, INC., a Virginia Corpo- ration, t/a LAKESIDE DEVELOPMENT, party of the first part, hereinafter called the DECLARANT, whether one or more, and COUNTY OF FREDERICK, VIRGINIA, party of the second part. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by P. Duane Brown, C.L.S., dated March 30, 1988, Xnown as Lakeview Townhouses, Section V, and is a part of the development known as Lakeside Estates, described on the final master development plan of Lakeside Estates, as filed in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to the DECLARANT by deed dated August 5, 1988, from Lakeside Development Company, a Virginia Corporation, said deed of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 6 o 1 at PagZ-)C ; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots, and the attached plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof (and also shows those certain Easements reserved for installation and maintenance of water and sewer facilities for said lots), and further shows a certain public street designated Hackberry Drive, which shall constitute a portion of that development known as Lakeside Estates and.further additions/lot owners shall become members of the Lakeside Homeowners Association upon the same terms and conditions herein; and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Lakeview Townhouses, Section V. The subdivision of said real estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT and the parties hereto further desire to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which.will accrue by reason of this Dedication, the DECLARANT does hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated Lakeview Town- houses, Section V, lying and being situate in Shawnee Magis- terial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of P. Duane Brown, C.L.S., dated March 30, 1988, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the final master development plan for Lakeside Estates on file in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to the DECLARANT by deed dated August 5, 1988, from Lakeside Development Company, a Virginia Corporation, said deed of record in the aforesaid Clerk's Office as aforesaid. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. A R T I C L E I DEFINITIONS Section 1. "Association" shall mean and refer to Lakeside Homeowners Association, a non stock Virginia Corpora- tion, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property hereinbefore described in the Lakeside Estates Master Plan as aforesaid as Open Space(s) and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Lakeside Estates, with the exception of the Open Space(s). 2 �(' i l'+ 1� 'J 1 :t is �?f ,f j Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a party of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obliga- tion. Section 6. "DECLARANT" shall mean and refer to Shiho, Inc., t/a Lakeside Development, its successors and assigns. A R T I C L E I I MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by cove- nants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Owner- ship of such Lot shall be the sole qualification for member- ship. A R T I C L E I I I VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. 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. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but no more than nine (9) directors, who must be members of the Association. The q L) J initial Board of Directors shall be appointed by the Associa- tion and serve until the first annual meeting following con- veyance of the first Lot in the Properties; thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. A R T I C L E I V PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the Open Space(s), specifically including but not limited to the rights of ingress and egress across the aforesaid Open Space(s) and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and By- laws, to borrow money for the purpose of improving the aforesaid Open Space(s) and in aid thereof to mortgage said property and the rights of such mortgagee in said Properties shall be subordinate to the rights of the Homeowners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the Open Space(s) by a Member for any period during which any assess- ment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedi- cate or transfer all or part of the Open Space(s) to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedi- cation or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. 4 Section 2. Delegation of Use: Any Member may dele- gate, in accordance with the Bylaws, his right of enjoyment to the Open Space(s) to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the Open Space(s): The DECLARANT hereby covenants for its heirs and assigns, that it will convey fee simple title to the Open Space(s) to the Association, prior to the conveyance of the first Lot. . A R T I C L E V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The DECLARANT, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, estab- lished, and collected from time to time as hereinafter pro- vided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association -shall be used exclusively for the purpose of promoting the recreation, health, safety and wel- fare of the residents in the Properties and, in particular, for the improvement and maintenance of the Properties, payment of real estate taxes, repairs, snow removal, and service and facilities devoted to this purpose and related to the use of and enjoyment of the Open Space(s). 5 Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the convey- ance of the first Lot to an Owner, the maximum annual assess- ment shall be $40.00 per year per Lot; (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maxi- mum annual assessment per Lot may be increased above that set forth herein - above by a vote of the'Members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this pur- pose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meet- ing. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolida- tion in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current main- tenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improve- ments: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Open Space(s), includ- ing the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members 6 not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) 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 in Sections 3 and 4 and the required quorum at any such subse- quent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assess- ments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Open Space(s). The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be estab- lished by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments are not 7 paid within thirty (30) days after the due date, the assess- ment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Open Space(s) or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be sub- ordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. 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 mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assess- ments created herein: (a) the Open Space(s); (b) all prop- erties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Open Space(s): In the event that the Association, or its successors, shall fail to maintain the Open Space(s) in reasonable order and condi- tion, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. 8 A R T I C L E V I Section 1. In addition to membership in the Lakeside Homeowners' Association, the nonstock Virginia Corporation, its successors and assigns, (Association), every person or entity who is a record Owner of a fee or undivided fee interest in any Townhouse Lot in Lakeview Townhouses, Section V, Lots 63 through 93, inclusive, (Townhouses), shall also be a member of the Lakeview Townhouse Group (Group), a nonstock Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Townhouse Lot. Membership shall be appurtenant to and may not be separated from ownership of any Townhouse Lot which is subject to assessment by the Group. Ownership of such Townhouse Lot shall be the sole qualification for membership. Section 2. Each Member of the Group shall have one vote for each Townhouse Lot owned in which said Member shall hold the interest required for membership in Section 1. When more than one person holds such interest in any Townhouse Lot, all such persons shall be Members. The vote for such Town- house Lot shall be exercised as they among themselves deter- mine but in no event shall more than one vote be cast with respect to any Townhouse Lot. Section 3. The affairs of the Group shall be managed by a committee of not less than three but no more than nine persons, who shall be Members of the Group (Committee). The initial Committee shall be appointed by the Group and serve until the first annual meeting following conveyance of the first Townhouse Lot in said Subdivision; thereafter, the Com- mittee shall be elected by the Membership of the Group in the same manner as provided under the Bylaws of the Association. The Committee shall select a chairperson and a treasurer at the annual meeting from among their numbers. Section 4. The DECLARANT, for each Townhouse Lot owned within the Properties, hereby covenants and each Owner of any Townhouse Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other con- E 00" veyance, is deemed to covenant and agree to pay to the Com- mittee (1) an annual assessment or charges, and (2)•special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as herein- after provided. The annual assessments and special assess- ments, together with such interest thereon and costs of col- lection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 5. The assessments levied by the Committee shall be exclusively for the purpose of maintaining the town- house exteriors, storm sewers, sidewalks, guttering, and parking areas, which are contiguous to the Townhouse Lots, including, without limitation, the payment of any real estate taxes assessed against the parking area, as well as snow removal and maintenance of the parking area. Section 6. Until January 1 of the year immediately following the conveyance of the first Townhouse Lot to an Owner, the maximum annual assessment shall be $40.00 per year per Townhouse Lot payable to the Committee; it is expressly acknowledged that the fee herein shall be in addition to and not in lieu of the annual fee assessed by the Association as provided in Article V hereinbefore; (a) from and after January 1 of the year immediately following the conveyance of the first Townhouse Lot to an Owner, the maximum annual assessment per Townhouse Lot may be increased above that set forth herein by a vote of the Members of the Group (Members) for the next succeeding year and at the end of each year, for each succeed- ing period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the vote of Members who are voting in person or by proxy, or at a meeting duly called for this purpose, written notice of which shall be sent to all 10 J i Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger of consolidation in which the Group is authorized to participate; (b) after consideration of cur- rent maintenance costs and future needs of the Group, the Committee may affix the annual assessments at an amount not in excess of the maximum. Section 7. In addition to the annual assessments authorized above, the Group may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replace- ment of a described capital improvement upon the parking area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members of the Group not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 8. Both annual and special assessments must be fixed at a uniform rate for all Townhouse Lots and may be collected on a monthly basis. Section 9. At the first meeting called, as provided in Section 3 above, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) 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 in Section 6 above and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 11 1A I / Section 10. The annual assessments provided for herein shall commence as to all Townhouse Lots on the first day of the month following the conveyance of the parking area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Com- mittee shall fix the amount of the annual assessment against each Townhouse Lot at least thirty (30) days in advance of each annual assessment. Written notice of the annual assess- ment shall be sent to every Townhouse Lot Owner subject thereto. The due dates shall be established by the Committee. The Group shall, upon demand at any time, furnish a certifi- cate in writing signed by a member of the Committee, setting forth whether the assessments on a specified Townhouse Lot have been paid. A reasonable charge may be made by the Com- mittee for the issuance of these certificates. Such certifi- cates shall be conclusive evidence of payment of any assess- ment therein stated to have been paid. Section 11. Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Group may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assess- ments provided for herein by non-use of the parking areas, sidewalks, guttering, storm sewers, or abandonment of his Townhouse Lot. Section 12. The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Townhouse Lot. Sale or transfer of any Townhouse Lot shall not affect the assessment lien. However, the sale or transfer of any Townhouse Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of 12 I such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Townhouse Lot from liability for any assessments there- after becoming due from the lien thereof. Section 13. In the event that the Group, or its successors, shall fail to maintain the exterior, storm sewers, sidewalks, guttering, and the parking area, then it shall become the obligation of the Association which shall take such steps as shall be necessary to maintain the exterior, storm sewers, sidewalks, guttering, and parking area. In the event the Association fails to maintain the said exterior, storm sewers, sidewalks, guttering, and parking area, then the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. RESTRICTIVE COVENANTS APPLICABLE TO ALL TOWNHOUSE LOTS All Townhouse Lots shall be subject to the following restrictive covenants, which shall be covenants real running with the land: 1. All Lots shall be used for single family residential purposes only. No detached garage nor carport shall be permitted on any Lot. 2. No profession or home occupation shall be conducted in or on any part of a Lot; provided, however, that DECLARANT reserves the right to use one or more of said Lots for business purposes in connection with the development, sales and operation of said townhouse subdivision. 3. No signs or advertising of any nature shall be erected or maintained on any Lot except for sale or rental signs for said Lot not to exceed five (5) square feet in area, or signs used by a builder to advertise the property during construction and sale. 13 r 4. No exterior antennas, satellite dishes or similar devise shall be permitted on any Lot. 5. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any Lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. Ownership of each Lot shall entitle the Owner thereof to the use of not more than two (2) vehicular parking spaces which shall be as near and convenient to said Lot as reasonably possible, together with the right of ingress and egress upon said Parking Area. No vehicles shall be parked in an area other than the Parking Area designated on the attached plat. 6. No animals of any kind (including live- stock, poultry or birds) shall be per- mitted on any Lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers; and further provided that no household pets shall be permitted to run at large in said Subdivision. 7. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. In the event that a dwelling is destroyed, the Owner of the dwelling within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the Lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 14 10. Each Owner shall keep all Lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery (in the event that such duties are not undertaken and performed by the Group, as set forth hereinabove), and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any Townhouse Lot in Lakeview Townhouses, Section V shall fail to maintain the premises and the improve- ments situated thereon as provided herein, the Group, after notice to the Owner as provided in the Bylaws and approval by two-thirds vote of the Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair, maintain and restore the Lot and the exterior of the building erected thereon. All cost related to such correction, repair, or restoration shall become a special assessment upon such Lot. 11. The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply. The cost of reasonable repair and mainte- nance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one of the Owners. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has use of the wall may restore it and if the other Owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligence or for willful acts or omissions. Notwithstanding any other provision of this Article, an Owner by his negligence or willful act causes a party wall to be 15 exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this Article shall be appurtenance to the land and shall pass to such Owner's successor in title. 12. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste'shall be in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the date of garbage pickup. 13. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical and telephone wires. 14. No exterior clothes line, or hanging device, shall be permitted on any Lot. 15. No building, structure, addition nor exterior alteration (including basket- ball backboards, rims and nets) or improvements of any character shall be constructed upon any Lot or dwelling located thereon, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Lakeview Townhouses, Section V Townhouse Committee, if the lot affected is a townhouse, as being in harmony with the whole Subdivision, especially the adjoining townhouse unit. 16. If in the construction of any dwelling by DECLARANT there occurs an encroach- ment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant Lot. 17. No Lot upon which a townhouse has been constructed shall be further subdivided 16 or separated into smaller lots by any Owner and no portion less than all of such Lot, nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. 18. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional succes- sive ten (10) year periods unless the Owners of a majority of Lots in Lakeview Townhouses, Section V Subdi- vision shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 19. The DECLARANT herein reserves and shall have the right alone to waive any one or more of the restrictive covenants and conditions contained herein as to any Lot transferred by it except that it cannot change the use of any Lot from residential to commer- cial. This waiver shall not affect the binding effect of the covenants and conditions upon any other Lot. The DECLARANT further reserves the right alone to impose additional restrictive covenants and restrictions as to any Lot or Lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other Lots. 20. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in no wise affect any of the other provisions which shall remain in full force and effect. The failure of the Lot Owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 17 A R T I C L E V I I EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to that certain easement or right of way designated Sanitary Sewer Easement/Utility Easement on the aforesaid attached plat. The DECLARANT does hereby grant and convey unto the Frederick County Sanitation Authority a perpetual right of way or easement over the aforesaid rights of way for the installation and maintenance of water and sewer lines and any related facility designated on the aforesaid plat as Sanitary Sewer Easement. Section 2. Surface Drainage Easement: The property dedicated hereby is subject to those certain easements or rights of way designated Slope and Drainage Easement on the aforesaid attached plat, for the purpose of surface water drainage easement. No structures of any kind which substan- tially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drain- age easements designated on the aforesaid attached plat. Said surface water drainage easements may not be altered or mod- ified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the pur- pose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obliga- tion to maintain said surface drainage easements, provided, however, that in the event the Association fails to maintain said surface drainage easements, then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provisions of ARTICLE V, Section 11, hereinabove. Section 3. Reservations: The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facility, sewer, gas, water, and television lines and 18 related equipment, and other utility equipment where such utility lines and equipment are now located and along the strip.10 ft. along the front and rear of each Lot and along those areas designated "Public Access and Utility Easement" on the attached plat and over the Open Space(s), as needed, pro- vided that such easement shall not interfere with the use and enjoyment of the Open Space(s). A R T I C L E V I I I GENERAL PROVISIONS Section 1. Enforcement: The Association, its suc- cessors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restric- tions,,conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declara- tion. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability: 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. Section 3. Amendment: The covenants and restric- tions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years: The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instru- ment signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. 19 Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appro- priate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Lakeside Estates. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accor- dance with the desire of the undersigned DECLARANT of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. WITNESS the following signatures and seals: SHIHO, INC., t/a LAKESIDE DEVELOPMENT By ( SEAL) DAV LIDAY, PRESIDENT COUNTY OF FREDERI,CK, VIRGINIA STATE OF VIRGINIA, OF , TO -WIT: a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that DAVID B. HOLLIDAY, President of SHIHO, INC., t/a LAKESIDE DEVELOPMENT, whose name is signed to the foregoing Deed of Dedication, dated August 5, 1988, has personally appeared before me and acknowledged the same in my State and jurisdic- tion aforesaid. Given under my hand this & day of August, 1988. 20 FINAL PLAT Lakeview Townhouses Section V (MASTER PLAN PHASE III) SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 1 . ( ��r✓ • e �`''/L'— VICINITY IiAAP ' " APPROVED BY TE FRED. CO. SANITATION AUTHPRN IDA6-1 PLANNING COMMISSION DATE 1 SUBDIVISION ADMINISTRATO ` ` DATER - f VA. DEPT.OF TRANSPORTA ION DATE OWNER'S CERTIFICATE The above and foregoing subdivision of the land of SHIHO, Inc., T/A Lakeside Development, as appears in the accompanying plats Is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. All property owners In Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association Is the owner of all areas shown as Parking Areas and Open Space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and 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 Lakeside Estates Is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the la . d conveyed to SHIHO, INC., T/A Lakeside Development, by deed dated AU4asf S , 19-M said deed recorded in the Office of the letk of the Circuit Court of Frederick County, Virginia in Deed Book at page-2L. P. Duane Brown, C.L.S. P. DUANE ��' DATE: MARCH 30, 1988 COVER SHEET ORs NO. 1285 ' ' Silbert w. cliffor 8t associates, inc. SHEET o� afth n. • LNW rmOF F� Surveyors OF LINO Sad W" a & Oman" Orm r.� Ca frmr VO XWO � �M41N Mrr.w.. vlprm 2 Ml M 40.U70 4 OPEN SPACE. A V. O J M ��_ FUTURE DEVELOPMENT N86°30'34•E 242.41' OPEN SPACE .JL I Jrl�$ I J8 I J10 N80.24'38'E LPL I LL li LL08 Z O _ 30.W 00' 30.W �20.00' 20.W 30.W � OPEN SP E OPELPAr— to PARWNO z 'AREA20' ` \\\ UTILITY E \ T \\PARKING AREA \ \ y 102 3 Z N80°24'3o'E �-12.00' Gt OPEN SPACE ° - •� t ° ' _114.01' S — - - 30.W 20.00' 20.W 30.W 30. us us Lu d �� NLL M� � but W i- t� � 1� h N :� aa y r p r.. p__ r"' p �1 � '•' C rr Q N ' Z m J V 8 j J g .�J �� ;� CO J c J co 30.W 30 )a20QO 83'120. OPEN SPACE S8002419- W 386.04' NOTE: MINIMUM FRONT SETBACK • 20' C� P.• DUANE �iAl N0; 1285 �V1N0� HACKBERRY DRIVE (50' R/W) Lakeview Townhouses - Section V DATE: MARCH 30, 1988 SCALE: 1 "=40' gilbert w. cliffo dt uaociates, inc. SHEET Hfti " - KAW rr.."' OF trrn„n w.c or. or..rr D" W r.. cb . *am 4 s"SNOW& wrw. Ma wau vwr■. V"b& ="I me W-mm (MASTER PLAN PHASE III) I A In FUTURE I \ I (See Sheet 4 of 4) DEVELOPMENT 3 \ I I coo I eti \ N86°3034. Z I Lot 87 OPEN SPACE OPEN SPAC I 183°10'30'E N I� 85.00' Lot 86 w. 9 2550 Sq. Ft $I Lot 70 I� \ Lot 851700 Sq. Ff $ I\ I Lot84 PAR ING AREA 1700 Sq. Ft o Lot 83 I\ \ I 1700 Sq. Ft j Lot 82 m w N \� I s0 I 1700 Sq. Ft ' COW N \ \ \ $ Lot 81 W N z \ \ \ u\ TY ESMT \\ Z � 1700 Sq, Ft, .0 W g r Q' 85.00 Oa ' C + co o 38 N36047'34'E 12.00' \ a 2531Sq Ft. S83'10 30'W 53.12'26'W 8.68' I• S53°12'26'E-8.68' pa 4 LLc� � W I CY 0 &* 0 sla �. .la 0 �,I$ C ;_I g -� g -� ^ -i ^IM \ OPEN SPACE `x z •- •-\ \ 20' UTILITY ESM'T 00' 2000,.\ S80.24'36' 120.00' \ S80°24'3VW 386.04' - -- HACKBERRY DRIVE (50' R/W) INOTE: MINIMUM FRONT SETBACK = 20' r P. DUANE �BROWNY N0.1285 ��- LAND Soy Lakeview Townhouses - Section V - DATE: MARCH 30, 1988 SCALE: 1 "=40' gilbert w. cliffor & associates, inc. SHEET 3 Ugimen - Lud FU wr. OF 3orwyon uac ow a ma a** wdm&&rq, vtprs ara fm1 wrb s mesa C . oa.. 4 rw.r. vtprk nal cw» #a-=* (MASTER PLAN PHASE III) I i� I i N83010'30•E_ 79.10' " I 0 a Oi OPEN SPACE `. 0 N40°4010 0 15 38' Lot 9� 2491 Sq. Ft 7 \ Lot 92 a�a.� r 1700 Sq. Ft • w \ =Ir Lot 91 I\ \ I 1700� Sq. Ft ` Lot 90 \ ' 1 1700 Sq. Ft _ t_ t "' Lot 89 t < 3l t PARKIN AREA 1700 Sq. Ft ' �$ Lot 88 1700 . F c JOE 242,4 9 Lot 87 2550 Sq. Ft3R -OPEN SPACE \ I, \ OPEN SPACE 3o'-W S83.10-- (fie she" 2 of 4) I\\ I Lot 86 . (Sae Sheet 3 of 4) NOTE: MINIMUM FRONT SETBACK - 20' AREA SUMMARY Area In Lots 1.4418 Acres Area in Parking 0.7439 Acres Area in Open Space 0.9368 Acres Total Area Subdivided 3.1225 Acres No. of Lots - 31 Average Lot Size 21026 Sq. Ft. •��r�o'"` Lakeview Townhouses - Section V P. DUANE DATE: MARCH 30, 1988 SCALE: 1 ".40' BROu,oWNs N0: 1285 gilbert w, cliffor & associates, inc. SHEET 4 eym.." - `.°° tom.. OF LAND 5Ja uac or. a...w or.. Surveyors OF o.... r.. wddr.b y r.w. 33W (No .MSIY Yrr.r. YYW. 2301 (m) N/.ns (MASTER PLAN PHASE IID FINAL PLAT OF RE —SUBDIVISION Shawnee Magisterial District Frederick County, Virginia 11 _, of , • . • -. .• J� � /�'�\� i t � , �1��. � - • :� ! ��+y+. 1� Vicinity Map\ Scale: l'-2000'F. APP V Frederick County Sanitation Authority Date Planning Commission Date Subdivision Administrator •46— Date Va. Dept. of Transportation Date 5� OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Lakeview Partnership, as appi the occom anying plats, is with the free consent and in accordance with t ears esi es of signe owners, proprietors, and trustees, if a y. c> Date 1, �D NOTARY PUBLIC 7n� a Notary Public in and for the State of Virginia, at large, do certify that &J i _ /��ti��- �s ___ whose names are signed to the foregoing Owner's Certificate, have acknowledged the some before me in my state. Given under my hand this ---1"� _ day of 995. My commission expires ---—L1y�-- SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to Lakeview Partnership by deed dated March 14, 1989 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 707 at page 671. The original Deed of Dedication and Final Plat of Subdivision is recorded in the said Clerk's Office in Deed Book 689 at page 521. TH of f P. Duane Brown, L.S. ;.A P. DUANE , BROWN ;0-. DATE: MAY 8, 1995 COVER SHEET FILE#: "4164: PL5-1.DWG" NO. 1285 gilbert w. clifford & associates, Inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 1 C 9ND SURV��0� 150—C Olds Greenwich Drive 200 North Cameron Street OF Fredericksburg. Virginia 22401 Windwder, Virginia 226M 5 (703) 898-2115 (703) 687-2139 Area Summ ary Area in Lots Open Space Parkin g TOTAL AREA SUBDIVIDED Number of 2—BR Lots (Lots 83, 86, 89) Number of 3—BR Lots TOTAL NUMBER OF LOTS Existing Zoning: RP Existing Use: Vacant 1.3857 Acres 1.0851 Acres 0.6517 Acres 3.1225 Acres 3 25 28 All property owners in Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association is the owner of all Open Space and Parking Areas and is responsible for the maintenance of those areas. All property owners must pay on annual assessment for this maintenance. This fee and all other rules of the Association are set forth in the Restrictions and Covenants attached hereto. P. DUANE BROWN NO. 1285 SURVEY 0eeffol 1 �% DATE: MAY 8, 1995 SUMMARY FILE#: "4164: PL5-1.DWG" gilbert w. clifford & associates, Inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 2 15D—C Oide Greenwich Drive 200 North Cameron Street OF Fredericksburg, Virginia 22401 Winchester, Virginia 226M 5 (703) 898-2115 (703) 667-2139 PROPOSED LAKEVIEW TOWNHOUSES SECTION VI EX. ZONING: RP 253322' VACANT 0O 1 N WOW I- _.. N �.2q'390 E 1,0.00 2�� rn OPEN SPACE 20.00 a�O� ... S 38'09'54" E 0.3261 AC. VT�lA0 c� a35.54' •2439" Eg0.00V25.00'.00 N 80 20 00' 20.00 25.00 Z 1 1 v z 25•�� I N t t too U� 1 N N r•' O Ito Nr' o N �o, w N 1 O Ito ► '1 ?� m +119. 1 w d. to a 1 of $ . • � •n r' ' ► 20 t mot' ►� ' 20.00� ' S E Tt B A�1 25 00' ..-. _ w' 1 1 T: s: X ; 2o.00 �1� t$ j2o S E TIg A C w. 00. t, •t `„ `tUal �9-4v x t• 1 14 67.00' 5 ap 24'39 W NOTES: MINIMUM FRONT SETBACK = 20' FROM PARKING AREA MINIMUM BLDG. SEPARATION = 30' SIDE = 50' FRONT & REAR PERIMETER BOUNDARY SETBACK = 30' SIDE _ '50' REAR 9.0�� ,. ►.Z,TH OF G �' ' P. DUANE BROWN 9 NO, 1285 ��10 SURVO-mc 77 LSEEE C 25.00' 22•00' 20 �20. g0'2'► 39 '11� 386.04 4.11 �vE Y pR H A�KBERR 07 0 V A RT' Lakevnew Towm houuaeo �--' cadet m V 0 25 50 100 DATE: MAY 8, 1995 SCALE: 1"=50' FILE#: "4164:PL5-3.DWG" gilbert w. clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C Olde Greenwich Drive Fredericksburg, Virginia 224M (703) 898-2115 2DO North Cameron Street Winchester, Virginia 22601 (703) 667-2139 SHEET 3 OF 5 PROPOSED z t LAKEVIEW TOWNHOUSES SECTION VI w EX. ZONING: RP EX. USE: VACANT o �; �• N 86 A-643' E 2.53.22'_ S w'24 39" W NOTES: MINIMUM FRONT SETBACK = 20' FROM PARKING AREA MINIMUM BLDG. SEPARATION = 30' SIDE - 50' FRONT & REAR PERIMETER BOUNDARY SETBACK - 30' SIDE - 50' REAR TH OF y 1* LL P. DUANE BROWN NO, 1285 No SURVE�c°, a SEE SHEET 5 OF 5 85 -��..T N , 5 S1042210% ACE �ACE g toN 83'1oNi� ggFt. 8.0 E oo�S2 g Ft. S 83.1030' W �•�, 51.49'30" W 27.02' pPEN SPACE p.7052 AC• I WATER & ^� DRAINAGE /l ESM'T aU m > N m U w LLJ Q O Q W z LIJ CL o O X W W o Y N J w w ,� pRIVE HAC vgE�R �o�o EX1S(0' I,@M7iewl 0wMh0u2e3 Beelion DATE: MAY 8, 1995 SCALE: 1 "=50' FILE#: "4164: PL5-4.DWG" gilbert w. Clifford & associates, inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 4 150—C ads Greenwich Drive 200 Norm Cameron street OF Fredericks 8 8-2115 burg, Virginia 22401 Winchester. Virgin87—� 9 5 NOTES: MINIMUM FRONT SETBACK — 20' FROM PARKING AREA MINIMUM BLDG. SEPARATION - 30' SIDE 50' FRONT do REAR PERIMETER BOUNDARY SETBACK - 30' SIDE ' 50' REAR N 83'10'30" E 75.91• z20' 3 NA D EASEM pROPOSEW TO�NNHOUSES ACE ; SE��ON VI OPEN ZONING RP 0.7052 AC. EX. EX. USE. -VACANT ^t'� Ike5 g' SIDEWALK EW'T N g3'1 88 00m Lot 90 i °° w w 2210 S4• Ft» gL W V) Q SEWER:.:: : ,. NLae 89 o m 1700 SQ- g N Z z a t " E Z :: :� $ '� �� to o o ESM..:: Z ,•, ' lot g$ a o N cn m l g $ 2210 S4• Ft m O 0 w t 4 -- X Lu IE S OPEN SPA a5.00 C`I Q N ` 2 NOS Lot 87 g' 1 p 2210 SQ• Ft Z (. N Lot O 1700 Sa• FIL g N W48'43' E 253.22' sE ::1$ - N Imo. o ..� ^-•.� $ $ 2210tS4 Ft. g 3'10 30 ^ 85.00 S 8' �.. OPEN SPACE O. 1 4...;. �5 5• SIOE�SMT SEE SHE3ET 71 54 OF 5 SEE SHEET 4 5 o 25 ao o0 P. DUANE O BRAWN '" DATE: MAY 8, 1995 SCALE: 1"=50' FILE#: "4164:PL5-5.DWG" NO. 1285 gilbert w. clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET qH0 SURVElO� 150-c Old* Greenwich Drive 200 North Cameron street OF Fredericksburg, Virginia 22401 Winchester, Virginia 22601 5 (703) 898-2115 (703) 6ee-2139 FINAL PLAT OF RE —SUBDIVISION La&eAaw U®wmk®unsw Onn®m VH Shawnee Magisterial District Frederick County, Vir inia jr inn Z. 'Vicinity Map g j A Scale: 1"=2000' S APP O E ,�• Frederick County Sanitation Authority �/ Date Planning Commission Date - �s Subdivision Administrator Date 7 Va. Dept. of Transportation Date S OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Lakeview Partnership, as appears in the acco anying plats, is with the free consent and in accordance with t dVIfires e u ersig owners, proprietors, and trustees, if any. L16 •It r Do NOTARY PUBLIC Keh e-AJ , p Notary Public in and for the State of lrrginia, at large, do certify that _&), // 9- 'A _ /2-0, <4 whose names are signed to the foregoing Owner's Certificate, have acknowledged the same before me in my state. Given under my hand this---- _ day of _ S'^' ___-- 1995. My commission expires SURVEYOR'S CERTIFICATE l hereby certify that the land contained in this subdivision is a portion of the land conveyed to Lakeview Partnership by deed dated March 14, 1989 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Vrginia in Deed Book 707 at page 671. The original Deed of Dedication and Final Plat of Subdivision is recorded in the said Clerk's Office in Deed Book 733 at page 633. ��TH OF D f, P. Duane Brown, L.S. M� P. DUANE �, V�D�u`� DATE: MAY 10, 1995 COVER SHEET FILE#: "4164: PL6-1.DWG" N❑. 1285 gilbert w. clifford & associates, Inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET Np .4 � 150—C aids Greenwich Drive 200 North Cameron Street OF <q sURVE O Fredericksburg, Virginia 22401 Winchester. Vlrginio 22801 6 (703) 898-2115 (703) 887-2139 Area Summary Area in Lots Open Space Parkin g TOTAL AREA SUBDIVIDED Number of 2—BR Lots (Lots 106, 109, 132-134) Number of 3—BR Lots TOTAL NUMBER OF L 0 TS 2.2345 Acres 1.8727 Acres 0.8583 Acres 4.9655 Acres Existing Zoning: RP Existing Use: Vacant 5 40 45 All property owners in Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association is the owner of all Open Space and Parking Areas and is responsible for the maintenance of those areas. All property owners must pay an annual assessment for this maintenance. This fee and all other rules of the Association are set forth in the Restrictions and Covenants attached hereto. P. DUANE , � BR❑WN "'' DATE: MAY 10, 1995 SUMMARY FILE#: "4164: PL6-1.DWG" N❑. 1285 gilbert w, clifford & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET qN� SURVEY( 150—C Oide Greenwich Drive 200 North Cameron Street OF Frederidaburg, Virginia 22401 Plhchester, Virginia 22801 6 (703) 898-2115 (703) 887-2139 EXISTING CHINKAPIN DRIVE (60' R/W) VA. RT. 1187 S 8412-rl E � FSHENANDOAH GAS CO. / ESM'T 1.0PR a'o LOT AREA j jy E lV 1.0659 A C. - W 99 598.29' DRAI,N�AGE EA ME T I DRAINAGE EASEMENT '// , DRAINAGE / EASEMENT r 7 N 88'10'30a E__ 170.00' 20' A - 07'15'48a R — 510.00' T - 32.37' L - 64.65' CH - 64.61' 8RG - S 88'05'08` E 5' 10' SHENANDOAH GAS CO. ESM'T � � � g m� ��dr �� M� Nt,. �1L 8 S 831d30• W 1 f I ^ Mtn 1 Zvi I SUS 1 $ W �} I p F th 1 3 �� a•W�a s� •af,,,8 ala�QQ ala�Qu:ar � (... t0 0� O� OO OV 0 O js$ 0 Wp1Wp 'I N N N N N N 20S E B A C�K _v _y— OPEN s 15' S I'D E W l K E S M' T 05 20.00' 25.00' N PROPOSED SPACE 0' 20.00' 20.00 .0 1.0659 C. �:... M.....• . - LAKEME � W S 88'10'30" W 170.00' K-fo*NHOUSES SE PARKING..:. . ZONING. RP 30' SEWER'::,.'...../ .�..� ��l & WATER .::..:: WW YIV V v AREA.: aP� EX. USE: VACAN CASEMENT y 5 w NOTES: y t16 -ter iii roi MINIMUM FRONT SETBACK - 20' FROM PARKING AREA i t MINIMUM BLDG. SEPARATION - 30' SIDE 50' FRONT & REAR SEE SHEET 4 OF 6 c PERIMETER BOUNDARY SETBACK = 30' SIDE to = 50' REAR D1285 gecdom VH 0 25 50 100 WN ROWN DATE: MAY 10, 1995 SCALE: 1" = 50' FILE#: "4164: PL6-3.DWG" gilbert w. clifford & associates, Inc.ENGINEERS — LAND PLANNERS — SURVEYORSSHEET 150-C Olds Greenwich Drive 200 North Cameron Street OF Fredericksburg, Virginia 22401 Winchester, Virginia 22601 6 (703) 898-2115 (703) 667-2139 �. --I- v+nk:v¢W IUWNHOUSES SECTI EX. ZONING: NRP 10' SHENANDOAH `�• EX. USE: VACANT 5' GAS CO. S 01 4W.10' E 116.28' ESM'T LOT 111 25W Sq. Ft. $,l 1 N 100_01y aa- M 30 .::I �,.�...J SEWER N 014930+ W Y k 2 T ,1 w N o {{ WATER:' O w +Sq LOT +113 �� 1�-•1 f = $ <$ N m 2000 Sq. Ft. d �'.,'...:'..:'..:.'.:. N kl j{ W $3w LOT114 a N 2000 Sq Ft In > k 1 g knk N LOT 115 PARKING : 2000 Sq. Ft. o.. 0 . AREA:... z I,N. to F 98 w - LOT 116 ri 25W Sq. Ft. w k " _ Ot'49'30+W100.00'O+—N a OPEN SPACE g I a k..:.::. S 0149'30' E 100.00' 0 z> �} LOT 117 `� ~ N V .•.. 25W Ft. $ 1 ' 3 N1 NIA ;W 2 N49' 013O* W 1 0 1 �P c3 ;k wl A00TSg1 Ft. oo I Y + j p / LLJ PARKINGr ; $ Y' LOT 119 • N 99 1j .! M $ 1 O AREA N m 2000 4 Ft. ; d j 1 0_ k' + N' C 0 LOT OPEN j/f 1 �... Qu 3 w +120 SPACEi� ' W N wk to 2000 SQ. Ft N Vf 1.0659 AC. + o r $ �kN LOT 121 .8. r d 2000 Sq Ft. �, d rah N 01 49.30• w N °�• Z 100.00' 7.62' ' LOT 122 -'� `�. 2000 Sc;.Ft. 22.79' eywry.� .: N 0149'30+ W 77.21' �O LOT 123 2209 Sq. Ft. Ary �2C� y��(�; ��y / 5 \� S�"o �OJ NOTES: =-` —= � •= �` N oi•4/9 " W 74.32' ` , � �.� ,F�.Z MINIMUM FRONT SETBACK 20' FROM PARKING AREA f� / r` v , , O MINIMUM BLDG. SEPARATION - 30' SIDE PERIMETER BOUNDARY SETBACK 50 0�3 DE REAR I 124 50' REAR `^ G1 DUANE 0 25 50 100 P. � �y ' �/� BROWN NO. 1285 .� �1�.[{/�� DATE: MAY 10, 1995 SCALE: 1" = 50FILE#: "4164: PL6-4.DWG" gilbert w, clifford & associates, ink. < ENGINEERS — LAND PLANNERS — SURSHEET SURVEY&- 150—C Olden s Greenwich Drive VEYORS 4 Fredericksburg. Virginia 22401 200 North Cameron Street OF (703) 898-2115 Winchaatw, Virginia 22801 (703) 687-2139 6 EXISTING CHINKAPIN DRIVE �77177� S 84*27-14' E (60' R/W) VA. RT. 1187 10' SHENANDOAH GAS CO. ESM'T 0 P E N 1.0659 AC S P A C E 10' 105 SHENANDOAH GAS CO T 0 P E N 5' SIDEWALK E. S P A C E T 0-3643 AC. S 8412'rI4- E .00. 3.47' 20. LOT 104 25W 4 Ft DRAINAGE ............. d LOT 10,3 ESM*T . C4 Sq. Ft. d, d . . . . . . . . . . . . . LOT 102 20OWo Ft OPEN SPACE 0.2643 AC. LOT 101 t4 88*53*56" E 95-W .'PARKING R 20Q00 4 Ft. 'AREA LOT 130 lb LOT Igo 2533 Sq. Ft. 3: 0 w ": / 2000 -4 Ft. 10, 0 40 It 1, S 8427'14' E q&9x - �_,_ I I -_ 10() _$, �_ .00. L lnr 1 OT I LOT 99 98 2 Irn 11" 2 4W Sq. Ft. W 1:* .76. ui 84jr14* LOT 128 IN < W25 Sq. Ft 100 LOT 127 0 P E N s P A C E ",77, 1.1 2025 Sq. Ft. 1.0659 AC. A 3.26* LOT 126 .30 2025 Sq. Ft .77 8 LOT 125 ESM'T :rj z I , 2025 5 10.8, N88, N88W i S w . . . . . . 53'%SftE . . . . . . . . . . . . . . > 101.26' > LOT 124 2532 S4. Ft. 8 56- W 10i. . . . . . . . . 6.26 6/1 `F S lOtHENANDOAH SEE SHEET 4 OF 6 GAS CO. -V ESM'�T// , NOTES: MINIMUM FRONT SETBACK 20' FROM PARKING AREA MINIMUM BLDG. SEPARATION - 30' SIDE 110 OPEN - 50' FRONT & REAR SIDE -,�PACE PERIMETER BOUNDARY SETBACK - 30 S, 50' REAR TH op 0 0 0 IM VR ecto 0 25 50 100 DUANE BROWN MAY 10, 1995 SCALE: 1 50' 6 DATE: I FILE#: "4164: PL —5.DWG" NO. 1285 gilbert w. Clifford & associates, Inc. SHEET < ENGINEERS — LAND PLANNERS — SURVEYORS 5 '(0 150-C 01d@ Greenwich Drive 200 North Cameron Street OF SURNX Fredericksburg, Virginia 22401 Winchester, Virginia 22601 6 (703) 898-2115 (703) 667-2139 _..�10'�•- EXISTING CHINKAPIN -- S 84'27'14" E 1611' RAW) DRf VE S 67*32'49" E `�SZ•'4'�" OPEN SPACE A RT.1187 10' 34.39' 84 7'14" E'4 59&29' $ 28.00' 20.00' 26.00' 'ati •S 84'27.14' \ ','r• ti W 35' S E 2000' 28.00' B A .00' 26.00' W g 35' S E • B A OPEN - SPACE 0.3643 AC. 10' SHENANDOAH GAS CO. ESM'T +Lut K Ail W OR 20. ! E Tz! �� i� o O0 O$ o �0 3 < 0o f- R A C K Vl z ..1N ! st zl + W V, _ J 26 owS' S 1 0 E A L A 20' E T g j 2QQp' 28.00' ESM't CK vWW, 84�7y4" W 2B.00' H ! 72.00 N 8427'14" W 7 OPEN 200 SPACE 0.3643 AC. PARKING:':'::,.•:.:.:.:........ ............ . ... -., -,.._ 'wfL� '�` ' AREA •::'.'.' .' .:::...::'...'.......: Y30, SEWER &: : WATER ESM T: : -�-- r 4" it j� `:. ..tir :• •. ,' ....: OPEN SPACE t 25.00' 20 00' 20.Op' "- 0.2643 AC. 5' S 1 20.00' 25.00..., w _ W A L K E M' 7 ! a! 201 S E B A C K - W NiW !i �ge �pw M �N O� JN � �co� z JN 2 JN 0 ! �p in -00 2000 20.00 20.00' 31.18' 4.82' N 84'2i14" W 8&OW �— 5 88'53'56, �� OPEN 4I f; ti AC, N� k•\ MINNIIMUM FRONT SETBACK - 20' FROM PARKING AREA F,r FI S`F��Fj,/ d MINIMUM BLDG. SEPARATION = 30' SIDE !/ 2 � 0CAI - 50' FRONT do REAR �4, /` TO 4' PERIMETER BOUNDARY SETBACK - 30' SIDE O 6Nh - 50' REAR Ztip'� oz/SFS SFS DRAINAGE EASEMENT 130 129 128 127 W --- Vr3 126 ti 10' SHENANDOAH GAS CO. ESM'T Tx gect®m VI f 0 25 50 100 P. DUANE U7,D� BROWN DATE: MAY 10, 1995 SCALE: 1" = 50, FILE#: "4164: PL6-6.DWG" NO. 1285 gilbert w. clifford & associates, Inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS �1 -o9- 150—C Olds Greenwich Draw 200 North Cameron Street OF 0 SURVE Fredericksburg, Virginia 224M Winchester, Virginia 22801 6 (703) 898-2115 (703) 667-2139 FINAL PLAT OF RE —SUBDIVISION IL9&e1A W TgDWM gDUU5W - Sedn®rm V Shawnee Magisterial District Frederick County, Vir inia lvvul Map 'r .• \' • f": '?. A 1. r 1 Scale: 1"=2000' A7P;P,O Y Frederick County Sanitation Authority Date Planning Commission Date Subdivision Administrator DateZ7T Va. Dept. of Transportation Date OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Lakeview Partnership et GIs, as appears 'n the accom onying plats, is with the free consent and in accordance with de ies un ersign owners, proprietors, and trustees, if any. v "o( 7&5 ate NOTARY PUBLIC a Notary Public in and for the State of Virginia, at large, do certify that _•_L�n _ ��3nJ.e �s whose names are signed to the foregoing Owners Certificate, have acknowledged the some before me in my state. Given under my hand this__%-Z— _ day of 1995. My commission expires _ _c1 I" /_�_9� SURVEYOR'S CERTIFICATE l hereby certify that the land contained in this subdivision is a portion of the land conveyed to Lakeview Partnership by deed dated March 14, 1989 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 707 at page 671. The original Deed of Dedication and Final Plat of Subdivision is recorded in the said Clerks Office in Deed Book 733 at page 633. Lots 153 through 164 were subsequently conveyed to William E. and Norma F. Daniels and Alvin E. and Anna V. Vetter by deed dated November 13, 1991 as recorded in the said Clerk's Office in Deed Book 768 at page 566. Lots 165-170 are to remain unchanged with the current owners 'TH OF of record reflected on sheet 6 herein. P, DUANE '��, P. Duane Brown, L.S. BRO��p�uccW DATE: MAY 12, 1995 COVER SHEET FILE#: "4164: PL7-1.DWG" NO. 1285 gilbert w. ciifford & associates, Inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 1 q�O SURVE150—C aide Greenwich Drive 200 North Cameron Street OF Fredericksburg, Virginia 22401 Winchester, Virginia 22601 6 (703) 898-2115 (703) 867-2139 CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 1038.00' 277.12' 139.39' 276.30' N 61'05'49" W 15*17'48" C2 352.00 42.49' 21.27' 42.47' N 65*17'13" W 5675500' C3 40.00' 59.88' 37.15' 54.44' N 18'56'30" W 85'46'26" C4 505.00 9.28' 4.64' 9.28' N 23'25'10" E 01'03'09" C5 585.00' 1 741.80' 430.14' 1 693.09' N 59-13'10- E 72-39'12- Area Summary Area in Lots 2.5062 Acres Open Space 2.2039 Acres Parking 0.9526 Acres TOTAL AREA SUBDIVIDED 5.6627 Acres Number of 2—BR Lots 7 (Lots 142, 145, 148, EX. 166-169) Number of 3—BR Lots 44 TOTAL NUMBER OF L 0 TS 51 Existing Zoning: RP Existing Use: Vacant All property owners in Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association is the owner of all Open Space and Parking Areas and is responsible for the maintenance of those areas. All property owners must pay on annual assessment for this maintenance. This fee and all other rules of the Association are set forth in the Restrictions and Covenants attached hereto. � TH 4F G r� P. DUANE ��, BROWN NO. 1285 SURVEY t� DATE: MAY 12, 1995 CURVE TABLE FILE#: "4164: PL7-1.DWG" gilbert w. Clifford & associates, inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 2 150—C 01de Greenwich Drive 200 North Cameron Street OF Fredericksburg, Virginia 22401 Winchester, Virginia 22801 6 (703) 898-2115 (703) 887-2139 EXISTING CHINKAPIN DRIVE GAS CO. ESM'T OPEN SPACE �C j 1.3617 AC. `\� i f 1 RAIN A ESM'T '\\/ 20' -181 LZ (60' R/W) N VA. RT. 1187 no.00' 1 � b r �QQQQ J g" J gig N N N N N �'. N N 20'ISET AC E Mj -f- 5' I oZo oo' K2ao0 20.120.00 125.0d i 25.00' 20.00' 20. - . +--�- 170.00' S 85.32!W W -r-...• . `"'' •' PARKING: _'. AREA... ''' .0'WE1�.:& : MiAi1R"• EASF.N!E�FT'...:_ ',r..•. 85'32.59' E 114.45' —�- 7 20.00' 20 00' 2 0.00' 25.00' 5.-0 W A 'AT D. SETBAC 1 20 ' �8 �13� N r* 3 4 N N v N Z Z •/z lk �G� �"d NOTES: MINIMUM FRONT SETBACK 20' FROM PARKING AREA �0G� MINIMUM BLDG. SEPARATION = 30' SIDE = 50' FRONT ✓!k REAR W PERIMETER BOUNDARY SETBACK = SIDE = 50' REAR t� W` cu.w � �'fN 7j�8 �2cc oz" .\ , T- --- 35* SETBACK L z O r U r W Z N c U (n - 10.00' 0 Ln X w O r :3: a W 0: Z Q Z J N 0 0W N W (n O a O 0z 1 a 10• s 10 SHENANDOAH �9• GAS CO. `�9•'rpM'T L SEE SHEET 2 OF\66FFOR CURVE TABLE r� 0 25 50 100 �r P. DUANE BROWN DATE: MAY 12, 1995 SCALE: 1"=50' FILE#: "4164:PL7-3.DWG" NO. 1285 gilbert w. clifford & associates. Inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 1ti0 SURV1✓-(09- 150-C Olds Greenwich Drive 200 North Cameron Street OF Fredericksburg, Virginia 22401 Winchester, Virginia 22801 (703) 898-2115 (703) 667-2139 6 10' SHEN. GAS CO. ESM'T. - W .z04 sL4 l W � —i' vagS. i N a+ rmn NOTES: MINIMUM FRONT SETBACK - 20-FROM PARKING AREA MINIMUM BLDG. SEPARATION - 30' SIDE 50, FRONT & REAR PERIMETER BOUNDARY SETBACK =SIDE 0' REAR 8? SEE SHEET 2 OF 6 FOR CURVE TABLE 20' SEE SHEET 3 OF 6 DRAINA 7y ' NX� ESM'T ............. Lot 181 i� mI 2500 4 Ft. r a , Lot taci IW :::::::::.':.': / 2000 S 1. Ft. N 4 g . _rY . Lot r179 I< 8 ':i :2 r :::� ;g 2000 Sq. Ft. �0. Lotr 178 < o $ :'..: 3 2000 Sq. Ft - I : r �F Lot 177 W N 2000 �t Or gk 100. `14 ri Lot 176 `"i !L1•:':::: 2500 Sq. Ft. g ' (� .................. :::: N 46'S0'09r W 100.00' w L...... OPEN SPACE N S 46"50'09' E 100.05' `� g 2501Sq. t 75t ~mi I� N(:: r to Lot 174 8 W o . ' . II.�: oi : � 2001 Sq. Ft. a 1:::':. Lotr173 < lJ Mite3 e 100.05 tt Lot 172 w c 99.95' o —`� N CV in ::.....:::. Lot 17, I gl:: 2435 Sq Ft PARKING., --� ....AREA..:'. N 48'30'09" W 94.85' 15 OPEN SPACE 5 1,3617 AC. THOFGr P. DUANE BROWN � 9 cccr�,+,e. �7ro+�rs NO, 1285 n �o SURVE�„[E AC. ' S 46'WO9' E 85.0(Y Lot 141 g Y 2210 Sq. Ft. U N N 46'W09"W to 1700 �Ft �§3W� Lot r143 chi 2210 Sq. Ft. f 46"30'09' W 85.5' OPEN SPACE 48"50'09' E 55.00' Lot 144 m 2210 Sq. Ft. N N 46ZWOV W 8 Lot5 % N (W 1700 Sq. Ft. -- Lot 146 N a 2210 Sq. Ft. N 46*5WOV W 8&W OPEN SPACE 5' SIDEWALK ESM'T 147 1 SEE SHEET 5 OF 6 10' SHEN. GAS CO. D' 3' c >En w W � O N j O X = 3 w O F— a. w w z Y Z Q O —1 N X w w lap'll Y0 effom ", 11 B 100 0 2g 50 DATE: MAY 12, 1995 SCALE: 1"=50' FILE" "4164: PL7-4.DWG" gilbert W. Clifford & associates, inc. SHEET EfdGINEERS - LAND PLANNERS - SURVEYORS 4 200 North Cameron Street OF 150-C Old, Greenwich Drive Winchester. Vlrglnla 22M 6 Fredwidcabur9. Vlrglnlo 22401 (703) 887-2139 (703) 898-2115 0. 7' SEE SHEET 6 OF 6 159 �'Z2 Ac. 10' SHENANDOAH DRAINAGE GAS CO. ESM'T-,� I ESM'T 3' 171 ! v w w w I w t U) �I!Nffilmm �:EO1�5rrbte►� �r�l.::� `:I::�: :: ` �1o0k 3' 1- rlk uj � W i* EXISTING CA:WE IEW TOWNHOUSES SECTION IVINAGE M'T ! NOTES: MINIMUM FRONT SETBACK — 2V FROM PARKING AREA EX. ZONING: RP MINIMUM BLDG. SEPARATION — 30' SIDE REAR - 50' FRONT EX. USE: TOWNHOUSES r!c PERIMETER BOUNDARY SETBACK - 30' SIDE 50' REAR SEE SHEET 2 OF 6 FOR CURVE TABLE Tx of �r LEM7 BIF Tmwm h muum a gecdem "�m [� 0 25 50 100 P. DUANE V�lJ� BROWN DATE: MAY 12, 1995 SCALE: 1"=50' FILE#: "4164:PL7-5.DWG" NO. 1285 gilbert w. clifford & associates, Inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS -(� 150—C Olds Greenwich Drive 200 North Cameron Street OF SURVS O Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 6 NOTES: MINIMUM FRONT SETBACK - 20' FROM PARKING AREA MINIMUM BLDG. SEPARATION = 30' SIDE 50' FRONT do REAR PERIMETER BOUNDARY SETBACK = 30' SIDE Q� / ; �i;'� `✓ \ = 50' REAR SEE SHEET 2 OF 6 FOR CURVE TABLE OPENSPA C E 20' , 1.3617 AC. DRAINAGE '�� EASEMENT 10' SHEN. GAS CO. ---_ESM'T S 58'21'56" E _ 140.00' SEC f - _ r EX. tONI G: RP EX. SE: TQIWNHOU 'S a, ffT q OF 8 _c ..._ e V"/ t I q I C __� l` -0Nrl V Gn vV � ° � I O N i ~ 40 s• • �j 1 .i ° d00( COO V, i oC� _ : O^� Iwo f w�af UtL ; a. d i 0 (L r` 0 m �W� -'�;€m: �m om m �I I 0 I zISI �� ( �c 3� 1� OPEN ! M i f `0 f f i _ SPACE Z f I v I I f f pj 1.3617 AC. Exist. ' Exist.? Exist: Exist.' Exist.' Exist. l_ 165_ f66_i i67_�_168 169 _i70� N j ! N 582156" W 140.00' PARKING •'..'..:.•'..'.•.'.:'..'..'.. '.. '.: '..•'.: '..'..'.. '.. '... 0_ 30' SEWER do WATER EASEMEN '' .. :: S 5871'58" E 135.00' � :'; � ' , * :•. z 2i.so' 20 00' 20.00 20.0o' z' .'W' 27 50' E 5' IDE V AL ESIMT 1� 1 'O N I SPACE g 20' S E 11 B A C $ 1 `� X 0.8422 AC. $ 1S 1 m w1Nf �l �N �i • 3 aa' w qq r �Ni �Ni ��. �. d • 0. vs5 �JN �• Sg• tsg .I.J f�ep§ g po I? Z d 1 158 l DRAINAGE w JC 6 3 J woo EASEMENT N N ^ �O 1D ro ro x 4 I TBAC y 21.2 10.00 27.50 20.M 2000 .zo.00'- 0.00' -36.69' N 58'21'56" w/, ;5.10, 00'r SHENANDOAH GAS CO. EASEMENT G� DKgERRY DR I VE EX 1 ST I iJG HA VA.RT. 1070 (50' R/W) TH of Gr JL&cM'(Bw 'Town h®umes a 0(nd®m VE 0 25 50 100 P, DUANE O BRAWN ""' DATE: MAY 12, 1995 SCALE: 1"=50' FILE#: "4164:PL7-6.DWG" N0. 1285 giibert w. clifford & associates, inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS tip �( L 150—C Olds Gromwich D►" 200 North Cameron street OF q SURVE Frw*Wmburg, Virginia 22401 WNtcheaW. Virginia 22601 (703) 898-2115 (703) 667-2139 6 eX733P4961 FINAL PLAT Lakeview Townhouses secin®n "VI SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA L_�• ••; 1 �.•.. ��• ILA � A. CIO X. . `; ♦ .. APPROVED B FRED. CO. SANITATION AUTHORITY DATE PLANNING COMMISSION / DATE SUBDIVISION ADMINISTRATOR DATE VA. DEPT. OF TRANSPORTATION DATE OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Lakeview .Partnership, as appears In, the accompanying plats, is with the consent and in accordance with the desires of the. undersigned owners, proprietors, and trustees, if any.. All property owners in Lakeview Townhouses are.�rgquired to belong to the Lakeside Home Owne s Association. The Association is the owner of all areas shown as Parking Areaand Oen Space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and all other rules of the Association are set forth in the Rest loWns and Covenants attached hereto. A copy of the Final Master Development FUan for Lakeside Estates Is orI file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE I hereby certify that, the land contained in this subdivision is a portion of the land conveyed 'to Lakqvlew Partnership, by. deed dated March 14, 1989, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginlakin Deed 'Book 707 at page 671. r P. Duane Brown, C.L.S. P, ouaNE j�a' DATE: S6TEMBq 27, 1988 Comm8MEET BROWN NO.1285 gilbert w. cliffoassociates, inc. SHEET 1 Baai»„.,. J•.na riamera OF JQ�, Bnrvirdn ' Lo o 5 uac ow a...w a,.. as w.XMI� 0. ar.r 7 Revised March 2p,1989 ,� .' i. � �'� t :4 f op (See SPACE "00. I • at 7 of 7) a I ?4 20' WATEA ESMT---.4 r t� S84 °2774',C 270,23' o o OPEN SPACE _ I � . 20' DRAINAGE EASEMENT Q N -� N88010'304E 160.00' \ to 30 ' 20 00' ., 20.00' 900' _—=_� • 1 • ° o 0 p LL �Q LL tL tL i LL COO �c4°1A307910 S 3� ,• � J8 �8 �8 0 401 WATER ESMrT 30.00' 11 20.00' _ _' It 20. 1.9.61' ° o *88°10'30 W 149.61' �20' UTILITY EASEMENT ` 'PARKING N880 306E 1 SPACE M® ' O 41LL I CDIi �ti O� �LL ��' ��„ �: If ram„ �:la �'" �LI= *� �: j: •' to gI8 S8 8 -fig 20.00' I _. _ 20.00' S88°10'30',; 140.00' OPEN $PACE S86°30�4"W 24241' NOTE* MINIMUM FRQNT P. DUA e N0, 128 Fp �N Revis0d MaKch 0,1 REVISED JUNE 14, 1089 SETBACK = 20' DRAINAGE EASEMENT 1 I ILkeview T® o►ses SeCdW VI DATE: SEPTEMBER 27, 1988 SCA LE A -z' 40' gilbert w. cliffor & associates, inc. SHEET Bngitteera,- Laud Planners OF surveyor. Me ow Ommadae tat.@ s tsar cw. ow" M3I7 Ra1-NYNole, va,YM =401 mm eN•itl! Wb@W—. VaWpee) ,a nm b �tr��Pc06�4� FUTURE DEVELOPMENT S84 e27'14 "E-309.28' S84e97'14"E 140_00_� 140.00' ARKING.AREA NOTE: MINIMUM FRONT SETBACK • 20' 0 OPEN SPACE "00" (See Sheet ,7 of 7), DRAINAGE EASEMENT S05032'46'W- 1 a. Lot 105 2550 Sq. Ft. 4— — Lot 104 17M Ft Lot 103 R 1700 Sq. Ft. Lot 103 1700 Sq Ft. !!� I g Lot 101 2550 Sq. Ft. 'v N84 27'14"W Sheet 5 of 71 (See • _-ems �— �� . 20' UTILITY EASEMENT review Townhouses --- Section V1 o� �- o -,p' DUANE DATE: SEPTEMBER V, lose SCALE"I""Of BROWN NO. 1285 s,+::." gilbert w. cliffor dt associates, inc. SHEET 4 8"slaeen - Lend Plemar OF tANI' $ surveyor Mc are ar...w ad.. s a"& Clemons so" 7 Rd"kAW& vksb" xmol cam► ""Its WbAm". vft" not 1'+ea! en-ms Revis d arch 120,1989 REVISED JUNE 14, y 989 rig �,yr ver'"5 , (See Sh et,4 of 7�) r33 \ ' 4 Of r 0z OfiA/NAG6 FASFME ��I�10 f F r30 NT 'Lot'29 700 /ass' ITOO99 :128 �$ �/ doe?7 25JS' \ S9• Ft_ NOTE: MINIMUM FRONT SETBACK - 20' O P. DUAN V BROWN ; NO. 1285 fit LAND Revised Marc EX LAKEVIEW TOfthft 8E8 ` 86Q v Lakeview Townhouses Section VI DATE: SEPTEMBER 27, IWO SCAlS:1 "040' gilbert w. cliffor & associates, inc. &XImers`. Lmd Plenum Surveyors 'MC OW Ommml b Dd- Pn/N4*ft. YkgW X1401 (M) M41" ,1989 wwr.. vrarw. not M "1413r SHEET 5 OF 7 I w Hai 4i l01! FUTURE DEVELOPMENT _ S84027'14'E-w309.28' _ o S84°27'14•E $0.00, OPEN PACE S84027'14•E 140. )0' 9 q b1 30.00' 20.00' 30A0' 30.00' 20.00' "' W ° ch S `i J ll LL q LL • b O o 9 16' WATER �SM'T o ` a 30.00' 20.00' 30. 30.00' 20.00' 11 18 _Ir 0 o N8402T140W, N84°2T14•W N84'2T14'W 0 80.00' 12.00' 140.00' ►� � '' • ' . PARKING AREA .. � _ , .: . o2T14•E , r1 I189AW 20' UTILITY EASEMENT FUTURE DEVELOPMENT 0 IF 30.00' 2Q.W 0.00' 32-W - - Tm it g g8 gS Co \ __ \I 131 3�.001t 20 11-30 flWY 20' DRAINAGE EASEMENT--4' OPEN sP '� -- 31 224E 8L126 . - --A. P I� \I 127 tx. um%,tvitw iwwNHOU819 - SEC. IV NOTE: MINIMUM FRONT SETBAOK • 20' UAN�' • • :1- '' ' P. D �, .•� ,DATE. SEPTEY�ER 27, 1�88 SC�►LB s�0 V yo,�jc BAN r Y .NO. 1285 gilbert w. cliffor dt associates, inc. sww B"lown - L.Mumn 6 Land �P al OF Surveyors • LAND RdM womm. vkgbk ="I QO)) "o-211! wbd"w. vftimk i1N1'tF�,Nf41� + ''" Revised March 20.1989 e REVISED JUNE 14, 1989 .�n Abligo,ts �A. 04 40 TEMPORARY' TURN -AROUND ESM'T. P. DUANE BROWN -NO.1285 LANO i REVISED JUNE 14, 1981 r,rt/ gRFq ASEC pV l �AN0R. OPEN. SPACE "BB" 806. 49,30"E . a o ° 9,9 o • E o � Q�2 • :OPEN SPACE "00" 10.7369 ACRES ' W WAS ESWT N05032'46"E — 1 9.55' Lakeview Tovmhouses r SOCAGIR V1 DATE: MARCH 209190, ' ; 1" Silbert w. cliff dt associates, Inc. 7 , • :UM Pbmm OF �• samyo . 7 LWC ars a...w nw. swo.ws w6da". "ebb um pM w4w 2 , D FINAL PLAT Lakeview Townhouses- Section V11 4 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA • ••. Zr .♦ J APPROVED BY FRED. CO. SANITATION AUTHORITY ---DATE PLANNING COMMISSION DATE SUBDIVISION ADMINISTRATOR DATE VA. DEPT. OF TRANSPORTATION DATE OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Lakeview - Partners ' hip, as appears in the accompanying plats is with the consent and Tn`decorance with the desires of the undersigned owners, proprietors, and t stew, f any. 0 E. 44T= All property owners in Lakeview Townhouses are required to belong to the Lakeside Home Owners Association. The Association is' the owner of all areas shown as Parking Area and O n Space on the attached plat and is responsible for the maigtonanoe of those areas, All p perty owners must pay .an annual assessment to pay for ttfia rAintanance. This fee an all other rules of the Association are set forth in the Runs and Covenants a ached hereto. A copy of the Final Master Development Plan for Lakeside Estates is on; file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE i hereby certify that the land- .contained ;in this subdivision is a portion of the land conveyed to Lakevle N Partnership, by deed dated March 14, 1989, said deed recorded -in ";the ,Office of the Clerk of the Circuit Court of Frederick County, Virginia„In Deed Book 707 at page 671 �, LAN C� �.rD�.�..... �.•..�...... P. Duane Brown, C.L.S. P. DUANE DATE: SEPTEMBER 28, IM FCOVEIR SHEET OWN SHEET N0. 1285 gilbert w. cliffo auociates, ink. •iif"rOf/ LAND 5� Me or• a r.w P*o s w a... r.r 7 *86od•Wnp YYW nm YftYY LMI 4" Mip/ Revised March 1,1989. j �Sl 6K733PC0633 THIS DEED OF DEDICATION, made and dated this 4th day of December, 1989, by and between LAKEVIEW PARTNERSHIP, a Virginia Partnership, party of the first part, hereinafter called the DECLARANT, whether one or more, and FREDERICK COUNTY, VIRGINIA, party of the second part. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plats drawn by P. Duane Brown, C.L.S., dated September 27 and 28, 1988, known as Lakeview Townhouses, Sections VI and VII, and is a part of the development known as Lakeside Estates, described on the final master development plan of Lakeside Estates, as file in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to the DECLARANT by deed dated March 14, 1989, from Rush Investment Group, Ltd., a Virginia Corporation, said deed of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 707 at page 671; and, WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots, and the attached plats show accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof (and also shows those certain Easements reserved for installation and maintenance of water and sewer facilities for said lots), which shall constitute a portion of that development known as Lakeside c BX733PGO634 Estates and further additions/lot owners shall become members of the Lakeside Homeowner's Association upon the same terms and . conditions herein; and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Lakeview Townhouses, Sections VI and VII. The subdivision of said real estate, as it now appears on the aforesaid attached plats, is with the free consent and in accordance with the desires of the undersigned DECLARANT and the parties hereto further desire to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated Lakeview Townhouses, Sections VI and VII, lying and being situate in Shawnee District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of P. Duane Brown, C.L.S., dated Sept. 27 and 28, 1988, attached and made a part hereof and by this reference incorporated herein as if set out in full, and which plats are drawn in conformity with the final master development plan for Lakeside Estates on file in the U733Pc0635 the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to the DECLARANT by deed dated March 14, 1989, from Rush Investment Group, Ltd., a Virginia Corporation, said deed of record in the aforesaid Clerk's Office as aforesaid. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. A R T I C L E I DEFINITIONS Section 1. "Association" shall mean and refer to Lakeside Homeowner's Association, a non stock Virginia Corporation, its successors and assigns. Sectica 2. "Properties" shall mean and refer to that certain real property hereinbefore described in the Lakeside Estates Master Plan as aforesaid as Open Space(s) and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. IN Bx733PGO636 Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Lakeside Estates, with the exception of the Open Space(s). Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more person or entities, of a fee simple title to any Lot which is a party of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligatxbn. Section 6. "DECLARANT" shall mean and refer to Lakeview Partnership, its successors and assigns. A R T I C L E II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is sub ct by covenants of record to assessments by the Association, in- ~luding contract seller,, shall be a member of the Association. The foregoing is not intended to include persons or entities whq hold an interest merely as security for the performance of an obligation. One membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which �s subject to assessment by the Association. Ownership of such Ipt shall be the sole qualification for membership. �l sK733PG0031 A R T I C L E III VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. 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. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but no more than nine (9) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Association and serve until the first annual meeting following conveyance of the first Lot in the Properties; thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the ,Association. A R T I C L E IV PROPERTY RIGHTS IN COMMON PROPERTIES ISection 1. Member's Easements of Enjoyment: Every Member (shall have a right and easement of enjoyment in and to the Open Space(s), specifically including but not limited to the rights of ingress and egress across the aforesaid Open Spaces) and such BKl33?G0638 easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improviIng the aforesaid Open Space(s) and in aid thereof to mortgage said property and the rights of such mortgagee in said Properties shall be subordinate to the rights of the Homeowners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the Open Space(s) by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the Open Space(s) to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3)-of the votes has been recorded agreeing to BK733PGO639 such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delectation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the Open Space(s) to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the Open Space(s): The DECLARANT hereby covenants for its heirs and assigns, that it will convey fee simple title to the Open Space(s) to the Association, prior to the conveyance of the first Lot. A R T I C L E V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The DECLARANT, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, 6K733PG0640 shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and, in particular, for the improvement and maintenance of the Properties, payment of real estate taxes, repairs, snow removal, and service and facilities devoted to this purpose and related to the use.of and enjoyment of the Open Space(s). Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $40.00 per year per Lot; (a) 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 and at the end of each year's period, for each U733PG,06 4.1 succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Open Space(s), including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which BK,733PG0642 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting . forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. _Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Section 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) 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 in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Open Space(s). The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) U733PG0643 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If,the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on:any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non- use of the Open Space(s) or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated 6973 3-M0 & 4 A to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. 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 mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein: (a) the Open Space(s); (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Open Space(s): In the event that the Association, or its successors, shall fail to maintain the Open Space(s) in reasonable order and condition the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. 01733Ps,4645 A R T I C L E VI Section 1. In addition to membership in the Lakeside Homeowners' Association, the nonstock Virginia Corporation, its successors and assigns, (Association), every person or entity who is a record Owner of a fee or undivided fee interest in any Townhouse Lot in Lakeview Townhouses, Sections VI and VII, Lots 94 through 189 inclusive, (Townhouses), shall also be a member of the Lakeview Townhouse Group (Group), a nonstock Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Townhouse Lot. Membership shall be appurtenant to and may not be separated from ownership of any Townhouse Lot which is subject to assessment by the Group. Ownership of such Townhouse Lot shall be the sole qualification for membership. Section 2. Each Member of the Group shall have one vote for each Townhouse Lot owned in which said Member shall hold the interest required for membership in Section 1. When more than one person holds such interest in any Townhouse Lot, all such persons shall be Members. The vote for such Townhouse Lot shall be exercised as they among themselves determine but in no event shall more than one vote be cast with respect to any Townhouse Lot. .BK733Ps0fi4:6 Section 3. The affairs of the Group shall be managed by a committee of not less than three but no more than nine persons, who shall be Members of the Group (Committee). The initial Committee shall be appointed by the Group and serve until the first annual meeting following conveyance of the first Townhouse Lot in said SubdiVIIsion; thereafter, the Committee shall be elected by the Membership of the Group in the same manner as provided under the Bylaws of the Association. The Committee shall select a chair -person and a treasurer at the annual meeting from among their numbers. Section 4. The DECLARANT, for each Townhouse Lot owned within the Properties, hereby covenants and each Owner of any Townhouse Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Committee (1) an annual assessment or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation OX733PG064 T of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 5. The assessments levied by the Committee shall be exclusively for the purpose of maintaining the townhouse exteriors, storm sewers, sidewalks, guttering, and parking areas, which are contiguous to the Townhouse Lots, including, without limitation, the payment of any real estate taxes assessed against the parking area, as well as snow removal and maintenance of the parking area. Section 6. Until January 1 of the year immediately following the conveyance of the first Townhouse Lot to an Owner, the maximum annual assessment shall be $40.00 per year per Townhouse Lot payable to the Committee; it is expressly acknowledged that the fee herein shall be in addition to and not in lieu of the annual fee assessed by the Association as provided in Article V hereinbefore; (a) from and after January 1 of the year immediately following the conveyance of the first Townhouse Lot to an Owner, the maximum annual assessment per Townhouse Lot may be increased above that set forth herein by a vote of the Members of the Group (Members) for the next succeeding year and at the end of each year, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the'vote of Members who are voting in person or by BX733PGO648 proxy, or at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger of consolidation in which the Group is authorized to participate; (b) after consideration of current maintenance costs and future needs of the Group, the Committee may affix the annual assessments at an amount not in excess of the maximum. Section 7. In addition to the annual assessments authorized above, the Group may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the parking area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members of the Group not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. BK7 33FG0649 Section 8. Both annual and special assessments must be fixed at a uniform rate for all Townhouse Lots and may be collected on a monthly basis. Section 9. At the first meeting called, as provided in Section 3 above, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) 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 in Section 6 above and the required quorum at any such subsequent meeting shallybe one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall he held more than sixty 160) days following the preceding meeting. Section 10. The annual assessments provided for herean shall commence as to all Townhouse Lots on the first day of .the month following the conveyance of the parking area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Committee shall fix the amount of the annual assessment against each Townhouset,ot at least thirty (30) days in advance of each annual assessment. Written notice of the annual assessment shall be sent to every Townhouse Lot Owner subject thereto. The due dates shall be established by the Committee. The Group shall, upon demand at'. any time, furnish a certificate in writing signed by a menber of BX733PGO650 the Committee, setting forth whether the assessments on a specified Townhouse Lot have been paid. A reasonable charge may be miide by the Committee for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 11. Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve /percent (12%) per annum, and the Group may bring an action at law against the Owner personally obligated to pay the same, or f:)reclose the lien against the property, and interest, costs and taasonable attorney's fees on any such action shall be added to Ache amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non- use of the parking areas, sidewalks, guttering, storm sewers, or r,.bandonment of his Townhouse Lot. Section 12. The lien of the assessments provided for herein jshall be subordinated to the lien of any mortgage or mortgages Inow or hereafter encumbering any Townhouse Lot. Sale or transfer Ir of any Townhouse Lot shall not affect the assessment lien. �H-owever, the sale or transfer of any Townhouse Lot which is „3Vbjer2t to any mortgage, pursuant to a decree of foreclosure tl.ereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Townhouse Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 13. In the event that the Group, or its successors, shall fail to maintain the exterior, storm sewers, sidewalks, guttering, and the parking area, then it shall become the obligation of the Association which shall take such steps as shall be necessary to maintain the exterior, storm sewers, sidewalks, guttering,and parking area. In the event the Association fails to maintain the said exterior, storm sewers, sidewalks, guttering, and parking area, then the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof `as if set out in full. RESTRICTIVE COVENANTS APPLICABLE TO ALL TOWNHOUSE LOTS s All Townhouse Lots shall be subject to the following restrictive covenants, which shall be covenants real running with the land: 1. All Lots shall be used for single family residential purposes only. No detached garage nor carport shall be permitted on any Lot.. 2. No profession or home occupation shall be conducted in or on any part of a Lot; provided, however, that DECLARANT reserves the right to use one or more of said Lots for business purposes in BK733PGO652 connection with the development, sales and operation of said townhouse subdivision. 3. No signs or advertising of any nature shall be erected or maintained on any Lot except for sale or rental signs for said Lot not to exceed five (5) square feet in area, or signs used by a builder to advertise the property during construction and sale. 4. No exterior antennas, satellite dishes or similar devise shall be permitted on any Lot. 5. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup truck, and 3/4 ton (or less) vans) shall be permitted on any Lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. Ownership of each Lot shall entitle the Owner thereof to the use of not more than two (2) vehicular parking spaces which shall be as near and convenient to said Lot as reasonably possible, together with the right of ingress and egress upon said Parking Area. No vehicles shall be parked in an area other than the Parking Area designated on the attached plats. 6. No animals of any kind (including livestock, poultry or birds) shall be permitted on any Lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers; and further provided that no household pets shall be permitted to run at large in said Subdivision. 7. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. In the event that a dwelling is destroyed, the Owner of the dwelling within thirty (30) days from said destruction, shall clear away the ;BX.733PG065;3 remaining portion of the dwelling unit and maintain the Lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 9. Each Owner shall keep all Lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery (in the event that such duties are not undertaken and performed by the Group, as set forth hereinabove), and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any Townhouse Lot in Lakeview Townhouses, Sections VI or VII shall fail to maintain the premises and the improvements situated thereon as provided herein, the Group, after notice to the Owner as provided in the Bylaws and approval by two-thirds vote of the Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair, maintain and restore the Lot and the exterior of the building erected thereon. All cost related to such correction, repair, or restoration shall become a special assessment upon such Lot. 10. The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one of the Owners. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has use of the wall may restore it and if the other Owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the BK733PG065A other under any rule of law regarding liability for negligence or for willful acts or omissions. Notwithstanding any other provision of this Article, an Owner by his negligence or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this Article shall be appurtenance to the land and shall pass to such Owner's successor in title. 11. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. No incinerators shall be allowed on any lot. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the date of garbage pickup. 12. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical and telephone wires. 13. No exterior clothes line, or hanging device, shall be permitted on any Lot. 14. No building, structure, addition nor exterior alteration (including fences, basketball backboards, rims and nets) or improvement of any character shall be constructed upon any Lot or dwelling located thereon, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Lakeview Townhouses, Sections VI and VII Townhouse Committee, if the lot affected is a townhouse, as being in harmony with the whole Subdivision, especially the adjoining townhouse unit. No fences shall be constructed anywhere in front of a townhouse; on interior townhouses (i.e., those sharing common walls with townhouses on either side), fences may be constructed to the rear of the townhouse, but only along the side and rear boundary lines, and not projecting closer to the front of the lot 61:73.�3PG0655 than the rear building line of the townhouse; on end units (i.e., those sharing a common wall with only one townhouse), fences may be constructed to the rear of the townhouse but not projecting further toward the front boundary line of the lot than the rear building line and not projecting further toward the side boundary line of the lot than the side building line of the townhouse. The "building line" shall not include decks, patios, or storage buildings erected by Lakeview Partnership. Any such fence shall conform in appearance to those constructed by Lakeview Partnership, i.e.: only board -on -board fences six (6) feet in height may be constructed. 15. If in the construction of any dwelling by DECLARANT there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant Lot. 16. No Lot upon which a townhouse has been constructed shall be further subdivided or separated into smaller lots by any Owner and no portion less than all of such Lot, nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. 17. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the Owners of a majority of Lots in Lakeview Townhouses, Section VII Subdivision shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 18. The DECLARANT herein reserves and shall have the right alone to waive any one or more of the restrictive covenants and conditions contained herein as to any Lot transferred by it except that it cannot change the use of any Lot from residential to commercial. This waiver shall not eN-7-33PG06:5:6 affect the binding effect of the covenants and conditions upon any other Lot. The DECLARANT further reserves the right alone to impose additional restrictive covenants and restrictions as to any Lot or Lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other Lots. 19. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in no wise affect any of the other provisions which shall remain in full force and effect. The failure of the Lot Owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. A R T I C L E VII EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to those certain easements or rights of way designated "Utility Easement" on the aforesaid attached plats. The DECLARANT does hereby grant and convey unto the Frederick County Sanitation Authority a perpetual right of way or easement over the aforesaid rights of way for the installation and maintenance of water and sewer lines and any related facility designated on the aforesaid plats as "Utility Easement". Section 2. Surface Drainage Easement: The property dedicated hereby is subject to those certain easements or rights of way designated "Drainage Easement" on the aforesaid attached plats, for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the el733PG0651 flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plats. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said surface drainage easements, provided, however, that in the event the Association fails to maintain said surface drainage easements, then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provisions of ARTICLE V, Section 11, hereinabove. Section 3. Reservations: The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facility, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility -lines and equipment are now located and along a strip 10 ft. along the front and rear of each Lot and along those areas intended for public access on the attached plats and over the Open Space(s), BK 7 3 VG,0 -5-1 needed, provided that such easement shall not interfere with the use and enjoyment of the Open Space(s). A R T I C L E VIII GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, 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 Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgement or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) BX 7 3 3 PG'O 6 5 .S years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy- five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Lakeside Estates. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Member of the Association as tenants in common. The Dedication and Subdivision of the land as shown on the attached plats is with the free consent and in accordance with the desire of the undersigned DECLARANT of the land being subdivided, and is in conformity with the provision of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia: WITNESS the following signatures and seals: LAKEVIEW PARTNERSHIP SK733PGO660 (.SEAL) ALVIN E. VE TER, Managing Partner, Lakeview Partnership, a Virginia partnership STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this 4th day of December, 1989 by Alvin E. Vetter, managing partner of Lakeview Partnership, a Virginia partnership. My commission expires: ,LP.c 60,'� 3v, / 9 8 9 •J. NOTARY PUBL T CURVE TABLE NOQ RADIUS ARC TAN. CHORD CH. BEARING 1 3507'51 " 585.00' 363.80' 188.00' 357.96' N40°42'29"E 2 1501748" 1038.00' 277.12' 1 .39' 276.30' N 1° '49"W 3 06055'00" 352.00' 42.49' 2f 27' 42.47' N65017'13"W 4 85° 626" 40.00' 1 59.88' 7.15' 1195.87' 54.44' N18056'30"W 5 01 ° 3'09" 505.00' 9.28' 4.64' 9.28' N23025'10"E 6 3701'21 " 585.00' 1 378.01' 371.46' N77002'05"E AREA SUMMARY Area in Lots 2.5034 Acres Area in Parking 0.9412 Acres Area in Open Space Total Area Subdivided 566-37 Acres No. of Lots ° ; 53 Average Lot Size 2,058 Sq. Ft. ►&LT N oOV � Lakeview Toi® nho uses - Section VII[ P. DUANE j DATE: SEPTEMBER 28, 1988 CURVE TABLE ,/� 'BROWN j 0.1285 gilbert w. cliffor & associates, inc. 3H 2� Hoglo ern "- taod Planner OF FQ Surveyors NO 5Surveyors\ Isis°w ------------------ �— OPEN SPACE "NN" (SEE SHEET 7 OF 7) - _ N85032590E-192.00' • 30. ' 20.00' 30A0' 30.00' 20.00' 20.00' 3�.00' N ' . 8 p 20' D INAGE. E ASEMENT e -OPEN wA>� � SPACE 0.00, 20 _00' 3 30.00, mool 20.00' 30.00. • 'pip \. SB � �g•yy 500.0 rw PARKING AREA ,• ; L-20 UTILfTY E MENT N 100.00' /•' ..'.. N85.32'N'E 5 OPEN SP 30.00020.w 30.00' _ V — 20'DAAIU 4GE EAS MENT — r. _ J i -A31 � �1� gti �Fi 1�LL �u•• �W ', ° tip V 3 C 1j �— l�j � T ' T w • 6 35' .OWO 0 9' 30.00' - Sw3r59�86.W N SPACE w ��. W DRAIMAGE ii EASEMENT NOTE: MINIMUM FRONT SETBACK . 20' SCALE:1'=40' P. DUANE DATE: SEPTEMBER 28, 190 SH BROW SHEET N0.1285 1 gilbert W. cliffor & associates, inc. 3 OF 8udimm (.sod PLnnors surveyors 7. LAND Sv jw c ors ms."rr orw= 1vw.w.. vb,ws =01 (Am ear Revised March 1,1989• REVISED JUNE 14, 1; 89 / e/ / ' / /„ ;..N SPACE / See, Sheet $ 0 7) Z. / / ice' / S48 °60-64 8b,00' W 8 Lot 182 $, 0 $q. to I" RAINAGEEA.SEMENT �' o 2 / •• Lot 181 $ 1700 Sq. Ft. o / Lot 180 $ g z 1700 Sq. Ft. .- / o Lot 179 : a w w 1700 3q. Ft. _ v� w t- " -,- $ co Ul w Lot 178 LU 1700 Sq. Ft. R 0 o , Z' Lot 177 2550 Sq. Ft. 8 � cr) I $ Lot 176 $V/, � 2550 Sq. Ft. � jLot 175 1700 Sq. Ft. R Lot 174 n 1700 Sq_ Ft. - I ' u'o Lot 173 1700 Sq. Ft. z ,. Lot 172 g $ it 1700 Sq. Ft. �►'� twat 3 of 7) • • . ' • OPEN / 848r60'09 73 ' ROO Lot 141 I 255o Sq. Ft. / w I U I.. • �,I R OPEN SPACE r mry w vW .. 2(Y DRAINAGE EASEMENT j Zvi Lot 171 o 0% 3582 Sq. Ft. gP .�6ZrV+ 20' UTILITY EASEMENT NOTE: MINIMUM FRONT SETBACK - 20' Lot 142 1700 Sq_ Ft_ Lot 143 1700 Sq. Ft. Lot 144 1700 Sq. Ft. T— — Lot 145 1700 Sq. Ft. 'DRAINAGE EASEM Lot 146 --3060 Sq. Ft. Lot 147 3060 Sq. Ft. 8 V Lot �148 3 1700 Sq. Ft. a F Lot �149 W 1700 Sq. Ft. r us Lot ISO g 1700 Sq. Ft. Lot '151 /$ W 1700 Sq. Ft. /R Lot 152; 2550 Sq. Ftr 85 00% 1 OPEN SPACE 1 20' DRAINAGE EASEMENT (Sea Shoat 5017). o� 'ATM vikoview Townhouses — SOCt1 iOn V11 P. DUANE 'DATE: SEPTEMBER 28, 1988 SCALE:1 "=40' �j BROWNS, SHEET NO.1285 gilbert w. cliffor dt associates, inc. 4 OF �jy I Bmimen • Lmd FUawn Sorvoyon 7 LAND Ss gal (NO -21 uoc mb & viler a+.. .rrrrr., v- n.n pa! w1a�" w.+.ft+.�. vr,ri. awi crag r-aiu Revised March zi ,i VOW. Revised June 23, 1989 CWNKxAPIN 0'RN W DRAINAGE EASEM 9 W O W C W Y W EX. LAKEVIEW TOWNHOUSES -SEC. IV n ALTN vF y� P. DUANE BROW NO. 1285 AFC 1'6gND 5J� 110.0 ON. 0, bb O.N. ' R./.id.Yure, vqM. 27�01 (r02) QeAltl .1989. kl� OPEN S 10 00, -,.��FUTURE DEV i S70016'33'E —18.36' 4e`7I X �8`� Lot 164 I 2550 Sq. Ft. lxx' Lot 163 1700 Sq. Ft. Lot 162 1700 Sq. Ft. Lot 161 1700 Sq. Ft. Z $ Lot 160 R \� 1700 Sq. Ft. Lot 159 2550 Sq. Ft. \\\ S31 °38'04'W I �EN SPA N21° 14_'�� 8b.00 LOt 156 Iw 2550 S4• Ft. Lot 15� 1700 Sq- Ft---- Lot 156 = 1700 SS„4_F \nt Lpt 155 1700 S4• F�- I \� Lpt 154 I $ 23 1700 S4• F1' I Is -- Lot 153 2550 o \) k-- I �W \I 20 UT\ •w''*?4 g`I OPEN SPACE N31.38-04-E i 64.0q' -- — IN I. IW 166 167 0 ---]168 JI4 169 .KlNG AREA - - — 8t 170 •19'So'W ( - 14.73" \ I : • I OPEN �G $ I.' W I vW •` ' • 1T1 u� Uj .I %u 152 IT n IENT-�.J� �= NOTE: MINIMUM FRONT SETBACK • 20' Lakeview Townhouses Section V11 DATE: SEPTEMBER 28, 1988 SCALE:1 "=40' gilbert w. cli[tor & associates, inc. K"Immers • Land Plenum Surveyors 20 3-6 Q.— Need MYW.n". Vkgimk 22401 (M) 66/-212/ SHEET 5 OF 7 Revised June 23, 1989 ;FUTURE DEVELOPMENT: w i OPEN SPACE "NW (SEE SHEET 7 OF 7) OPEN CE \\� —� 20' DRAINAGE EASEMENT—,, S58°21_58•E M. _ 10' 20.00' 20.00' 80.00' it I W -! �I LL� LL s1 38 3g 38" �g 2 31 \r 171 0.00' 20_00' ,. u 20. 50.00' N58"21'56"W 140.00' S5I;"21'fi6"E -- 22. ' • .. ' '• . • • • .. • _ PARKING AREA • � ' �• • • • •— • •—• • �; , . 20' UTILITY EASEMENT OPEN OP�N SPAC ---- 164 ; 183 182 161 00' ' 159 ' 1 r 1 (S"ShW5of7) NOTE: MINIMUM FRONT SETBACK - 20' P. DUAN)4Z. DATE: 8EPTEMBE�t 2B, a BROWN q"EET 0, 1285 gilbert w. cliffor associates, inc. 6 Ensium • Lmd Phum n OF ssrvayon:AND MC ow on..ke o.1.. agora Q. so" 7 .w r#dold0mg. Vkalw 71a01 (ro71 na010 wbdmw. Vbs" not (Nol M,ilfl.' Revls6d March 21,1989.�'� to / EX. LAKEVIIPW TOWNHOUSES / SEC. VI S04027'01'E 15.67' r5' WATER E8M'T r89 •� _ res O A, PA, \N Spgc O r8s \ gd OQy CA r Nq r� QF�SM'T , o' OPEN SPACE 6 �g2 1 1SA OPEN SPACE "NN" j 0.7428 ACRES 18� • I I ./ Ale 20' DRAINAGE ESMT. All 3 per. / ��6 N31 °28'35"W _ 155.60' �•%�5 OPEN SPACE (SEE SHEET 6 OF 7) Lakeview Townhouses Seefiea V11 0 P. DUANE DATE: MARCH 21, 1989 SCALE: 1 "•50' BR owja,w.�-0, SHEET NO. 1285 Silbert w. cliffo dt aaBociates inc. Bsiwn. Lead rlsenw , OF CA N D 5vf. i aerwr... 7 ao.e 03"" o.. V tr x AR01DMk FREDUUQK O�tJN1Y, t;(;f. err.�rw.e, vrer. a.ot wale { TWO' 140 REVISED JUNE 14, 1989 to me on the 192.at /' �"snd with certificate o/ acknowledgment thereto annexed was admitted to record. CLERK AFFIDAVIT OF LAKEVIEW PARTNERSHIP COMMONWEALTH OF VIRGINIA ) CITY OF FAIRFAX ); to wit: I, William E. Daniels, Managing Partner of Lakeview Partnership ("Developer"), developer of the project know as Lakeside Estates, Sections V, VI and VII, Frederick County, Virginia ("Project"), do hereby represent and warrant to Frederick County, Virginia as follows: 1. The Developer intends to record among the land records of Frederick County, Virginia, all necessary documents to resubdivide the lots in the Project in accordance with the Final Plat of Resubdivision of Lakeview Townhouses, Sections V, VI and VII, dated May 8,10, and 12 (respectively),1995. 2. The Project shall be divided into six phases, as follows: Phase 1 -12 lots, Lots 153 -164, Section VII. Phase 2 - 20 lots, Lots 141-149 and 171-181, Section VII. Phase 3 -13 lots, Lots 136 -140 and 182 -189, Section VII. Phase 4 - 22 lots, Lots 63 - 84, Section V. Phase 5 - 27 lots, Lots 85 - 90, Section V and Lots 111 - 123, Section VI. Phase 6 - 24 lots, Lots 99 -110 and 124 -135, Section VI. Prior to issuance of any building permits for the lots in any Phase and prior to conveying any lots within such Phase, the Developer shall provide to Frederick County a bond to secure the completion of the public improvements and private streets to be constructed within the Phase. 3. The foregoing representation shall not prohibit the Developer from constructing such public improvements and other general infrastructure of the Project, including, but not limited to, streets, curbing, gutter, sidewalks, above ground facilities, underground utilities and facilities, recreational facilities, including tot lots, drainage systems, designed open space, including landscaping, and any other required improvements within any such Phase, prior to posting the required bond with Frederick County, Virginia. Lakeview Partnership AW,,.- Ao- -, x re �, �, NO Managing Partner Subscribed and sworn to before me this �p day of June,1995 by William E. Daniels, Managing Partner of Lakeview Partnership, on behalf of the partnership. �� ";' (��2 1 Notary Public My Commission Expires: C�3A/ 9 9� a RE-SUBDIVISON OF LAKESIDE ESTATES SECTIONS V,VI,ViI