HomeMy WebLinkAbout02-06 Westbury Commons 11 Lots 3.13 Acres Stonewall - Backfile (2),I -- . Subdivision Checklist
04 t
1
2
Comment sheets from the following agencies, along with any marked copies of the plan:
�4-
.
a�/�
VDOT
Sanitation Authority
Inspections Department
Fire Marshal
City of Winchester
Health Department
Parks & Recreation
County Engineer
One copy of the subdivision application
Application received_
Fee paid (amount: $ 3 ob )
Information entered in d-BASE and Reference Manual
GIS (Road Name
Review)
File given to Renee' to add to Application Action Summary
Plat(s) signed by Subdivision Administrator
Approval letter to applicant/agent
Copy of final subdivision plat(s) [with signatures] made and given to Mapping
and Graphics Manager for structure numbering assignment
Updated d-BASE and Reference Manual
9- /3 -b ile given to Renee'- to update Application Action Summary
Final plat(s) submitted with review agency signatures along with:
--- Recorded deed of dedication
Bond estimate (if required) $
0 \Operations Manual\subdivision.irk
R--dV24102
R
m
0
m
v
0
0
DATE
NO. 4 ',
RECEIVED FROM
ADDRESS
DOLLARS $
FOR
AMT OF
7m;c,
BY
IACCOUNTIAMTPAID-BALANCEIIDUE
0
File 40440-06
SGB:bgm
060017609
THIS DEED OF DEDICATION, SUBDIVISION, EASEMENT, AND
CONVEYANCE, made and dated this % day of 2006, by and between
HARVEST COMMUNITIES INC., a Virginia corporation, party of the first part, hereinafter
called the DECLARANT, whether one or more, and JAMES C. YOUNGBLOOD, Trustee,
party of the second part, THE MARATHON BANK, Beneficiary, party of the third part, and
WESTBURY COMMONS CONSERVANCY, an association formed pursuant to the Virginia
Property Owners Association Act, party of the fourth part.
WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on
the attached plat drawn by Mark D. Smith, L.S., dated April 24, 2006, known as Westbury
Commons, which property is further described on the Final Master Development Plan of
Westbury Commons as filed in the Office of the Frederick County Department of Planning and
Development. This is the same real estate conveyed to the DECLARANT by Deed dated
September 28, 2004, from James T. Wilson and Jessie S. Wilson, husband and wife, of record
in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No.
040019971, and by Deed dated September 28, 2004, from A's Enterprises Inc., a Virginia
corporation, in the aforesaid Clerk's Office as Instrument No. 040019972.
WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided
into lots for the construction of single-family homes thereon, 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 certain surrounding lands in said Subdivision to be used as common open
space, private street, drainage easements, water easements, pedestrian access easements, sanitary
sewer easements, slope, drainage and utility easements, and utility easements over and across said
CD
lots, all of which shall constitute a portion of that development known as Westbury Commons,
and which common open space and private street areas shall be owned and maintained by
Westbury Commons Conservancy upon the terms and conditions set forth hereinafter; and
WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known
as Westbury Commons. 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, Trustee, and Beneficiary, 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 instrument.
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 as Westbury Commons, lying and being situate in
Gainesboro Magisterial District, Frederick County, Virginia, and being more particularly
described by the aforesaid plat of Mark D. Smith, L.S., dated April 24, 2006, 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 Westbury Commons on file
in the Office of the Frederick County Department of Planning and Development. This is the same
real estate conveyed to Harvest Communities Inc., a Virginia corporation, by Deeds of record in
the aforesaid Clerk's Office as hereinbefore recited.
All of the lots shown on the plat attached hereto shall be subject to the Declaration of
Covenants, Conditions, and Restrictions of Westbury Commons, recorded simultaneously
CD
rn
herewith which are incorporated by reference and made a part hereof, 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.
CONVEYANCE TO CONSERVANCY
THIS DEED FURTHER WITNESSETH that for valuable consideration
DECLARANT hereby grants and conveys with special warranty of title unto the Westbury
Commons Conservancy Open Space "A" containing 4,653 square feet, Open Space `B"
containing 43,722 square feet, and the private street, known as Westbury Place, containing 0.2782
acres as shown on the attached plat and survey.
WITNESS the following signatures and seals:
HARVEST COMMUNITIES INC.
By: )
Stuart E. Butler
Its President
(SEAL)
J ,TRUSTEE
u ee o ded as
Instrument No. 040019973
THE MARATHON BANK
By: (SEAL)
. L. HOM ON, III
Its Vice President
0
WESTBUR MONS CONSERVANCY
By:
Stuart E. Butler
Its President
COMMONWEALTH OF VIRGINIA, AT -LARGE:
CITYiCO Y OF�(%mc&oD , to -wit:
I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do
hereby certify that Stuart E. Butler, whose name is signed as President and duly authorized
officer of HARVEST COMMUNITIES INC., a Virginia corporation, to the foregoing
instrument dated the 13Vh day of emlx , 2006, has personally appeared before
acknowledged the same in my State and Jurisdiction aforesaid. , �y►
�•''1MIS''' 10
GIVEN under my hand this toff, day of �_ � ��, bar , 2006. � dim . f
My Commission Expires: • C� D G� l) OA
Notary Public o• • . ' a
A''�s ••� per'
COMMONWEALTH OF VIRGINLIA, AT LARGE:
CITY/COUNTY OF Fret/eri c1� , to -wit:
I, the undersigned, a Notary Public in and for the State and jurisdiction aforesaid, do
hereby certify that J�am�s,C. Youngblood, whose name is signed to the foregoing instrument the
'day of-c'—' 2006 as Trustee under that certain Deed of Trust recorded in the
Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 040019973 ,
has personally appeared before me and acknowledged the same in my State and Jurisdiction
aforesaid.
GIVEN under my hand this ILIg day of Se, '2006.
My Commission Expires: r511_)L
Commissioned as Janet L POW,
CD
COMMONWEALTH OF VIRGINIA, AT -LARGE: 00
CITY/COUNTY OF to -wit: CJ
I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do
hereby certify that J. L. Thompson, III, whose name is signed as Vice President and duly
authorized officer of THE MARATHON BANK, to the foregoing instrument dated the LZML
day of5�pk tuber , 2006, has personally appeared before me and acknowledged the same in my
State and Jurisdiction aforesaid.
GIVEN under my hand this 1 day of Se � "Ltp,2006.
My Commission Expires: 5 �" o -7
Public
Commissioned as Janet L. Parks
COMMONWEALTH OF VIRGINIA, AT -LARGE:
to -wit:
I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do
hereby certify that Stuart E. Butler, whose name is signed as President of WESTBURY
COMMONS CONSERVANCY, to the foregoing instrument dated the day of
r 6 ✓, 2006, has personally appeared before me and acknowledged the same in my State
and Jurisdiction aforesaid.
GIVEN under my hand this day of erx , 2006. "e `
_p
My Commission Expires: g 0 � '
Notary Public
°d'A;�a1roo
8 v
This document prepared by:
Stephen G. Butler, Esquire (VSB 43158)
Kuykendall, Johnston, McKee & Butler, P.L.C.
112 South Cameron Street P. O. Drawer 2097
Winchester, VA 22601 Winchester, VA 22604
(540)662-3486
(540) 722-3787 FAX
FINAL SUBDIVISION PLAT
WESTBURY COMMONS
GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
APRIL 24, 2006
Glentawber Road
Rt. 739 0
m
C q
C O
J d
S'hes E
y� Chapel o�
m
o.
2? w
am
oc
c �m v
nnysid Uo �c `off o
4f Plaza
Redoubt ane
St
,lloccer
VICINITY MAP
o 1 " = 1500'
3
OWNER'S CERTIFICATE
THE SUBDIVISION OF THE LAND SHOWN HEREON IS WITH THE FREE CONSENT AND IN
ACCORDANCE WITH THE DESIRE OF THE S NERS, PROPRIETORS, AND
TRUSTEES, IF ANY.
COMMUNITITES, INC. BY'
HARVEST
STATE OF C€.
CITY OUN OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY
OF -�) (\�, ZOa(o BY S4wv--% E . &'(er, P�-eist l
ON BEHAL# OF HARVEST COMMUNITITES, INC.
NOTARY PUBLIC
MY COMMISSION EXPIRES �2 ► 2�i , Z�oB
PARENT TAX PARCEL IDENTIFICATION
(i) T.M. 53—((4))—(3)—E 1.5947 ACRES ZONE. RP USE: VACANT
(ii) T.M. 53—((4))—(3)—F 1.5417 ACRES ZONE. RP USE. VACANT
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THIS SUBDIVISION /S (i) A PORTION OF THE LAND CONVEYED TO
HARVEST COMMUNITIES, INC. BY DEED DATED SEPTEMBER 28, 2004 AND RECORDED IN
THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUM T N
040019971, AND (ii) BY DEED DATED SEPTEMBER 28, 2004 E ORD CLERK'S
OFFICE AS INSTRUMENT No. 040019972.
ARK D. SM17H, L.S.
APPROVALS.•
FRE E CK COUNTY NITATIO UTHORITY DATE
Dr
-Oft 5#2409L wv&
Vl G D A T OF T ORTATION DATE
ARK D. SMITH
/3y�b
F DERICK COUN SUBDIVISION ADMINISTRATOR DATE
No.002009
GREEN AY ENGINEERING
6 '
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
4079 SHEET 1 OF 13
Founded in 1971 www.greenwayetig.com
CD
co
• AREA
SUMMARY
AREA IN LOTS. •
1.7476 ACRES
AREA IN R/W.•
0.2782 ACRES
AREA. IN OPEN SPACE: 1.1105 ACRES
TOTAL AREA:
3.1363 ACRES
DENSITY =
3.5 UNITS/ACRE
AREA
(i) T.M. 53—((4))—(3)—E
TABULATION
1.5947 AC.
(ORIGINAL)
—0.7915 AC:
(LOTS)
—0.0770 AC.
(R/W)
—0.7262 AC.
(OPEN SPACE)
0.0000 AC.
RESIDUE
(ii) T.M. 53—((4))—(3)—F
1.5417 AC.
(ORIGINAL)
— AC.
—0.2013 AC.
(R/Wly
—0.3843 AC.
(OPEN SPACE
0.0000 AC.
RESIDUE
LEGEND .:.: DRAINAGE EASEMENT
�'r„ ' HEREBY DEDICATED
BRL = BUILDING RESTRICTION LINE
• = POINT (UNMONUMENTED) WATER EASEMENT
0 = 1/2" IRON REBAR & CAP SET HEREBY DEDICATED
CIL = CENTERLINE
R/W RIGHT OF WAY SANITARY SEWER EASEMENT
IRF = IRON REBAR FOUND HEREBY DEDICATED
IPF = IRON PIPE FOUND PEDESTRIAN ACCESS
EASEMENT
PROFFERS HEREBY DEDICATED
1. PROFFERS ON FILE IN FREDERICK COUNTY, VA. AS REZONING APPLICATION # 13-04.
NOTS
1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST.
2. THE PROPERTY SHOWN HERON LIES ENTIRLY WITHIN ZONE C, AREAS OF MINIMAL FLOODING,
PER FEMA FLR.M. COMMUNITY —PANEL # 510063 0105 B, DATED JULY 17, 1978.
J. ALL 11 LOTS ARE SINGLE—FAMILY SMALL LOT DETACHED (AGE RESTRICTED), RP ZONING, AND
MINIMUM LOT SIZE = 6,000 SO. FT. (PER PROFFERS)
4. SETBACKS PER FREDERICK COUNTY ZONING ORDINANCE 165-65—F
FRONT = 25' FROM STATE ROAD R/W
FRONT = 20' FROM PRIVATE ROAD R/W
REAR = 15'
SIDE = 5'
5. BUFFERS/LANDSCAPE SCREENING PER FREDERICK COUNTY ZONING ORDINANCE 165-37—C & D.
6. ALL LOTS ARE SUBJECT TO A 20' SLOPE, DRAINAGE, AND UTILITY EASEMENT ALONG ALL
STREET RIGHT—OF—WAY LINES AND A 10' DRAINAGE & UTILITY EASEMENT ALONG ALL OTHER
PROPERTY LINES HEREBY RESERVED (CENTERED ON SIDELINES).
Z THIS BOUNDARY IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM COMPLETED ON
MARCH 11, 2005.
8. ALL CORNERS TO BE SET WITH 1/2" IRON REBAR WITH CAP, UNLESS OTHERWISE NOTED.
9. THE SOURCE OR MERIDIAN FOR THE BOUNDARY SHOWN HEREON IS RECORDED AT
DEED BOOK 553, PAGE 474, AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA.
FINAL SUBDIVISION PLAT
WES 7TD"URY COMMONS
GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARK D. SMITH
SCALE: N A DATE: APRIL 24, 2006 No.002009
toj7s� GREENWAY ENGINEERING Lt(zyt(J(04,
151 Windy Hill Lane 9� ` 16
Engineers Winchester, Virginia 22602 S`ITR`� "
Surveyors Telephone. (540) 662-4185
k4 ,FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.com 4079 SHEET 2 OF 13
CD
fV
b
TM.- 53A—((A))-6
TM. 53—((4))—(3)—D i VERNON B. &
UPPER CRUST LLC FRANCES A. UNGER
INST. No. 0J0009698 D.B. 298, PG. 65
ZONE- B2 ZONE- RP
i USE- COMMERCIAL i USE. RESIDENTIAL
m
OPEN
SPACE t�
OPEN
SPACE
�'
m m
co 0o
LOT 7
toy 1
LOT 10
oAEN
LOT 6
n
:p
LOT 11
'A
�I j
•
LOT 5
WESTBURY PLACE
O
O
O
O
�
►v
W
'A
SHEET INDEX
1 = COVER
2 = NOTES
3 = KEY MAP
4 = CURVE AND
LINE TABLES
5 = EASEMENT CURVE
AND LINE TABLES
6 = LOTS 1-2
7 = LOTS 3-4
LOT 9 LOT 8 I LOT 7
COMMON AREA FOR
CANTERBURY SQUARE
CANTERBURY SQUARE
SUBDIVISION
ZONE- RP
USE- RESIDENTIAL
D.B. 727, PG. 742
O
J
0
J
5
ti
0
00
O
J
J. P. DARLINGTON
SUBDIVISION
ZONE.- RP
Z/SE.• RESIDENTIAL
D.B. 218, PG. 552
8 = LOTS 5-6
9 = LOTS 7-8
10 = LOTS 9-10
11 = LOT 11
12 = OPEN SPACE X* 100 0 100
13 = OPEN SPACE 'Ba
GRAPHIC SCALE
(IN FEET)
FINAL SUBDIVISION PLAT
WESTBURY COMMONS
GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 100' DATE: APRIL 24, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
k4,7 Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.com
MARK D SMITH
No.002009
SU5
4079 SHEET 3 OF 13
•
CURVE
RADIUS
DELTA ANGLE
ARC LENGTH
TANGENT
CHORD BEARING
CHORD LENGTH
C 1
38.00'
8711 '49"
57.83'
36.18'
N 62'08'J90 E
52.-41 '
C2
38.00'
18000'00"
119.38'
N 71'27'15" W
76.00'
C3
42.00'
8711'49"
63.92'
39.99'
S 62'08'39" W
57.93'
C4
1 50.00'
8711 '49"
76.09'
47.61 '
N 62'08'39" E
68.96'
C5
50.00,
180,00,00"
157.08'
N 7127'15" W
100.00'
C6
30.00'
8711'49"
45.66'
28.57'
S 62'08'39" W
41.38'
C7
26.00'
8711 '49 "
39.57'
24.76'
N 62'08'39 " E.-_
35.86'
C8
26.00'
180'00'00"
81.68'
N 71'27'15" W
52.00'
C9
54.00'
22'16'02"
20.99'
10.63'
S 29'40'46" W
20.85'
C 10
5.00'
115'04' 13"
10.04'
7.86'
S 16'43'20" E
8.44'
C 11
1840.97'
02'31 '52"
81.32'
40.67'
N 08'05'28" E
81.32'
012
756.50'
01'13'14"
16.12'
8.06'
N 07*26'09" E
16.12'
C13
756.50'
12'06'29"
159.87'
80.23'
N 15'55'51 " E
159.57'
C 14
30.00'
63'40'55"
33.34'
18.63'
S 50'23'13" W
31.65'
015
30.00'
23'30'54"
12.31 '
6.24'
N 86'00'53" W
12.23'
016
756.50'
06'4847"
89. 95,
45. 03'
N 13' 16'59" E
89.90'
C 17
756.50'
05' 1742"
69.9 1'
34.98'
N 19'20' 14" E
69.89'
C 18
1815.97'
02'55'08"
92.51 '
46.27'
N 08' 17'06" E
92.50'
C 19
781.50'
22'4728"
310.87'
157.52'
N 18' 13'16" E
308.82'
C20
1815.97'
02'5 1'49"
90.76'
45.39'
N 08' 18'46" E
90.75'
C21
1815.97'
00'03'19"
1.75
0.88,
N 06'51'12" E
1.75'
C22
781.50'
02'21 '17"
32.12'
16.06'
N 08'00'10" E-
32.11 '
C23
781.50'
02' 1735"
31.28'
15.64'
N 10' 1936" E
31.28'
C24
781.50'
18'08'36"
247.47'
124.78'
N 20'32'42" E
1 246.44'
BEARING
DISTANCE
-LINE
L 1
S 38'43'19" E
32.92'
L2
S 61 '2744 " W
30.87'
L3
N 65'3736" E
15.05'
L4
S 30'43'07" E
25.48'
L5
N 30'43'07" W
29.07'
L6
S 30'43'07" E
13.79'
L7
S 30'43'07" E
15.28'
L8
N 29'5254" W
38.13'
FINAL SUBDIVISION PLAT
WE S "I"Em I UR Y COMMONS
GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY,
SCALE: N/A
/t%\
*4�wEngineers
Surveyors
Founded in 1971
DATE: APRIL 24, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
Telephone. (540) 662-4185
FAX.- (540) 722-9528
www.greenwayeng.com
MARK D. SMITH
No.002009
l Li'2-t
4079 SHEET 4 OF 13
co
.:-
LINE
BEARING
DISTANCE
EL 1
S 74' 15'26" E
106.17'
EL2
N 8X02'59" E
79.08'
EL3
N 38'01 '42" E
123.37'
EL4
N 51'58'18" W
20.00'
EL5
S 38'01 '42" W
115.08'
EL
S 83'02'59" W
66.78'
EL 7
N 74' 15'26" W
86.66'
EL8
N 15'4434" E
14.75'
EL
N 74' 15'26" W
18.85'
EL 10
N 74' 1526" W
84.45'
EL 11
N 09'2954" W
182.05'
EL 12
S 80'30'06" W
20.00'
EL 13
S 09'2954" E
172.62'
EL 14
N 16',3536" E
79.47'
EL 15
N 08' 13'S4" E
89.70'
EL 16
N 24'48'41 " E
54.92'
EL 17
N 21'41 '39" E
87.54'
EL 18
S 21'41 '39" W
86.72'
EL 19
S 2448'41 " W
50.74'
EL20
N 71 J8350 W
22.97'
EL21
N 5X21 '33" W
55.59'
EL22
S 18'40'36" W
10.51,
EL23
S 53'21 '33" E
53.95'
EL24
S 71'3835" E
24.81'
EL25
S 08'13'54" W
85.68'
EL26
S 16'3536" W
78.88'
EL27
S 74' 15'26" E
10.00'
FINAL SUBDIVISION PLAT
WES TBUR Y COMMONS
GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY,
1 SCALE: N/A I DATE: APRIL 24, 2006 1
Founded in 1971
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone. (540) 662-4185
FAX.• (540) 722-9528
www.greenwayeng.com
ARK D. SMITH
No.002009
4079 SHEET 5 OF 13
O
cn
I
I12.0
0
10' SHENANDOAH
GAS CO. ESMT.
II
�
I
�
h
O
S
m
�
o,
3i Cb
tb
k
r°
v
LOT 3
SEE SHEET 7
1
S 15'44'34" W
96.54
a
5' BRL
I
I-- 20' SANITARY
SEWER ESMT.
I
Nai Q,
LOT 2
�� g
6758 SO. FT.
I
5' BRL
I
_
S 15'44'34-"-W
99
c
5' BRL
I
N LOT 1 N
Of
I 7193 SO. FT.
^' t" I 4.5 SIDEWALK
ESMT. 5 BRL J
--
I �"• ° C12
IC22 C
C23 —
10.0820.03'
I
I�
I p
I
I -
I
t
�
I
I
VI�ZOC
I
w
I �z�oo
zAll
I
�I
�I
SPACE
SEE SHEET 13—OPEN
C18
EX. 15' UTILITY ESMT.
D.B. 553, PG 474
L_----
COMMON AREA FOR
CANTERBURY SQUARE
112" IRF
—PROFFERED
25'LANDSCAPE
BUFFER
TERBURY DRIVE
S rMINS rER CAN 18
EX" W E VA. STATE ROUTE 13
60' RIW
D.B. 553, PG. 474
N OF RECORD
30 0 30
M .RipI 553, PG'
p.a. GRAPHIC SCALE
(IN FEET)
NOTE. SEE SHEETS 4 AND 5 FOR LINE, CURVE, AND EASEMENT TABLE INFORMATION.
FINAL SUBDIVISION PLAT
WE S"I'"E' F1 UR Y COMMONS
GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 30' DATE: APRIL 24, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone. (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.com
MARK D. SMITH
�Nfo.002009
4079 SHEET 6 OF 13
C-)
J. P. DARLING TON SUBDIVISION
ZONE.• RP
USE- RESIDENTIAL
D.B. 218, PG. 552
EX. 20' UTILITY ESMT.
LOT 6 D.B. 553, PG. 474 LOT 7
S 18'3245" W 384.00' ('TOTAL)
SEE SHEET 13 25' RESIDENTIAL OPEN SPACE "B" 16.40'
S 18'32'45" W �� REDUCED BUfFER-
tn� nos w�___
10' PEDESTRIAN
ACCESS ESMT.-
N 18'3246"
214.03'. t7o:
0
20' SANITARY
SEWER ESMT.
LOT 4
7168 SO. FT.
10' PEDESTRIAN
nnj-e+r- re-Ait
LV / V 1
6700 SO. FT. ^ I
;IDEWALK I
SMT.
5' BRL
20' SANITARY
SEWER ESMT.
SEE SHEET 6
LOT 2
REC�RD
MER,DIA553,FpG. 474
D.B.
LOT 8
L 15' INACTIVE
O" IPF
r r 10' ACTIVE
I
rZI
�I
I
I
r •I
I
WI
ao i
`ILn
�I"
cal
N
I
R1
vn�j20C
65-70
cZ
I
co
'Z5
�I
I oo
I
30 0 30
GRAPHIC SCALE
(IN FEET)
NOTE. SEE SHEETS 4 AND 5 ' FOR LINE, CURVE, AND EASEMENT TABLE INFORMATION.
FINAL SUBDIVISION PLAT
WESTBURY COMMONS
GA/NESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 30' J DATE: APRIL 24, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.com
OF
ARK D. ITH
No.002009
4079 SHEET 7 OF 13
O
co
-_.t
J. P. DARL/NGTON SUBDMSION
ZONE- RP
USE RESIDENTIAL
D.B. 218, PG. 552
LOT 5
15' INACTIVE
S 18'32'45" W C
25' RESIDEN7AL r 10' AC77VE
REDUCED BUFFER j S 18'3245- W
LOT 6 LOT 7
EX. 20' UTILITY ESMT.
D.B. 553, PG. 474 384.00' (TOTAL)
OPEN SPACE `B' _ 3.62'
SEE SHEET 13
306.05' (.TOTAL) n
15' BRL '7 r
15' BRL
v
W I I
a LOT 7 LOT S %% LOT 5
SEE SHEET 9 N;°�I m 6689 SO. FT. ml� m 6585 SO- FT-
DEEDLINE 20 SANITARY
HEREBY VACATED Iy I SEWER ESMT.
L 20' BRL 20' BRL
10' PRIVATE 10' PRIVATE
EL 17 0 DRAINAGE ESMT. DRAINAGE ESMT. EL
DEL 16 _�-
.':';:.': .60.75" ---�'' �T `' .54..�J, •E�25.
N 18'32 46 EEL 18
214.03' (TOT.) � � 37.29 1 - 99
N 5.43 _ 2J.87
4.5 SIDEWALK '
ESMT N 18'32'45� E 44.52 \
�� cti WESTBURY PLACE
RIVATE STREET — 24' R/W
10' SHENANDOAH
GAS CO. ESMT.
RE�OR
MER�010 OF 11 PG 474
0•0
m
in
1�
30 0 30
GRAPHIC SCALE
(IN FEET)
NOTE. SEE SHEETS 4 AND 5 FOR LINE, CURVE, AND EASEMENT TABLE INFORMATION.
FINAL SUBDIVISION PLAT
WESTBURY COMMON S-
MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRG/NIA
SCALE: 1" = 30' DATE: APRIL 24, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
.0007 Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.coin
MARK U. SMITH
No.002009
4079 SHEET S OF 13
I
J. P. DARLINGTON SUBDIVISION
ZONE. RP
USE.- RESIDENTIAL
LOT 3 D.B. 218, PG. 552
LOT 4 LOT 5
EX. 20 UTILITY ESMT. 15' INAC17VE
D.B. 553, PG. 474 S 1
0
1lPF I 1
I 10' AC77VE
N I I $
1 OPEN I SPACE 'B' ig
1 SEE �HE� 13 I J
m
W
1
I $1 I o
32'45" W 384.00' CrOTAL
25' RESIDENTIAL OPEN SPACE 'B'
REDUCED SEE SHEET 13
BUFFER S 18'320 " W 306.05' (TOTAL)
71.02p
15' BRL
LOT 7
6802 SO. Fr.
-aI 9u' BRL
m�a'oo
p
I
N m
W�
� 06
o
_5
Tom_ EL 17 �O�J
N l irJ2'46" E 214.OJ' 00r..) 7
SS 18'32 445- W 95.00 0
LOT 6
SEE SHEET 8
10' PR/VA7E
WAINAGE ESMT.
.� EL 16C 4.5
WA
r \ ESMT.
EL 19
� o W ' SHENANDOAH
: _z g 10GAS CO. ESMT
O 6 V ao "
ORD N�o
4' OF RE 474 N
z J MERI0553, PO' 30 2 0 30
0•B-
GRAPHIC SCALE
(IN FEET)
NOTE. SEE SHEETS 4 AND 5 FOR LINE, CURVE, AND EASEMENT TABLE INFORMATION.
LOT
8
6650 SQ.
FT.
m 20' WATER
Ff s
�n
w
ESMT.
J V
m
VO
5' BRL
—_
N I XJ2'45" E
95.00r
SEE SHEET
10
N
LOT 9
20'
SANITARY
SEWER ESMT
FINAL SUBDIVISION PLAT
WESTBURY COMMONS
GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGING
SCALE: 1" = 30' 1 DATE: APRIL 24, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng.com
V
'MARK D SMITH
No.002009
4079 SHEET 9 OF 13
C
C
I-
_ s y
v
so WHO W
LA
�C W
Q m J Q. y 20' SANITARY W 1�x Q
i o Q m SEWER ESMT. � V
Zm� oZ I ja, K LOT 8 12.v (/� J Q N w�
o I I N SEE SHEET 9
E \CL
N w N 18'3245' E95.070
Ro
o
O
I 5' BRL
LOT jQ.
) N$ \ o—
I I o� 6402 SO. FT. m $ 18'32'00' W
o ^ A W w I h^ h N so, Z 12Z 10, MT.)
N m w U I 10' PEDESTRIAN ° 44 57'
W (S �'' m l l ACCESS ESMT.
I
�o
o h N i I 5' BRL h a �� 20' BRL
.
.�(n m I I N 18'32'45' E 69.69' h I
Q--dzo
�e5?" I I� LOT 10 _C1
z I ^ m 6675 SO. FT. m +► $ '
W •
W I OPEN SPACE "B' I
o I i SEE SHEET 13iP
I I
N I I y L 15' BRL
C L L — o 17 0—
17
--�_— C13
�o I --'------------------
3/4' IPF PROFFERED
25'LANDSCAPE BUFFER
-- C24
EX. 15' UTILITY ESMT. C19
D.B. 553, PG. 474
EX. WES TMINS TER—
p RECIORD CANTERBURY DRIVE
MER�pIA55o pG• �� VA. STATE ROUTE 1318
0.6. 60' R/W
D.B. 553, PG. 474
30 30
GRAPHIC SCALE
(IN FEET)
NOTE: SEE SHEETS 4 AND 5 FOR LINE,
CURVE, AND EASEMENT TABLE INFORMATION.
FINAL SUBDIVISION PLAT
WESTBURY COMMONS
GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 30' 1 DATE: APRIL 24, 2006
/AwtN GREENWAY ENGINEERING
151 Windy Hill Lane
A47Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng.com
MARK D. SMITH
No.002009
Leo
4079 SHEET 10 OF 13
CD
WESTBURY PLACE
PRIVATE STREET — 24' R/W
10' PRIVATE . 4' 8.97' 1.06' 2.76' 1
0 INAGE MT.
\���EL21 EL22 EL23
�_� S 18'3245' W 44.43'
C`S \71�144.4J'1 i20o'
10' SHENANDO
GAS CO. ESMT. 4.5 SIDEI
S 18*32*000 W
ESMT.
12Z 10' (TOT.)
82.53'
4 20' BRL
�- DEEDUNE I
I HEREBY VACATED
3 I
$;�I ag LOT 11 LOT f0 �
SEE SHEET 10 ^ $I 8504 SO. FT. I rn
rn
2 I 14.5 -
15' BRL _ J
20' WATER —
ESMT.
C16
o EL8
C13
PROFFERED OPEN SPACE B
SEE SHEET 13
25' LANDSCAPE k�
BUFFER jC24 _
C19 a62'
EX. 15' UTIUTY ESMT.
D.B. 553, PG 474
29.10'
LOT 1
SEE SHEET 6
c18
R-CANTERBURY DRIVE
ES TMINS TE
EX. W VA. STATE ,ROW 1318
60
R p.g 553, PG. 474
RECORD
MERIDIA553F PO. 47 30 0 30
D•d
GRAPHIC SCALE
(IN FEET)
NOTE.- SEE SHEETS 4 AND 5 FOR LINE, CURVE, AND EASEMENT TABLE INFORMATION.
FINAL SUBDIVISION PLAT
WESTBURY COMMONS
GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 30' DATE: APRIL 24, 2006
/twN GREENWAY ENGINEERING
AQW151 Windy Hill Lane
Engineers Winchester, Virginia Lane
Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.com
MARK D. SMITH
No.002009
4079 SHEET 11 OF 13
a
CORD
RE 4
N �F G 4�
MER�pI 553, P
D•3.
LOT 7 LOT 6
£L 17
EL s_
EL 18
47 08'
LOT 5
5.43' 7.23' EL
10' PRIVATE tL 19
20.21' IrINAGE ESMT.
DEEDLINE
HER BY VACATED S
LOT 8
LOT 9.
I1cI )20.49�
`o
4.5 SIDEWALK
ESMT. —
LOT 10
1.54"'
o�
EL
20SANITARY
T.
F1.�3 0' c .
20' WATER 2• w
ESMT. 2 �„
ox I
.76' LO� 2
C)
SEE SHEET 13
OPEN SPACE 'B'
EL
18'32 45 E
44.43'
LOT 11
LOT 1
OPEN SPACE 'A'
4,653 SO. FT.
0.1068 ACRES
30 0 30
GRAPHIC SCALE
(IN FEET)
NOTE. • SEE SHEETS 4 AND 5 FOR LINE AND CURVE TABLE INFORMATION.
FINAL SUBDIVISION PLAT
WESTBURY COMMONS
GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 30' 1 DATE: APRIL 24, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone. (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.com
OF
-�
MARK D. SMITH
No.002009
�4 2y�vlPo4,
' L4� scn�
4079 SHEET 12 OF 13
O
N
RECORD
4
MEODLAN 3f pG
0•6.
J. P. DARLINGTON
SUBDIVISION
ZONE. RP
USE- RESIDENTIAL
D.B. 218, PG. 552
LOT 3 LOT 4 LOT 5
1' IPF_ I IS_ 18'3245'
N
�o
��jC]C2
Rm aCa
izQ�W�
h � U N H
m y
a
CO
-� �j Q W
`�i"v~iomW g
`.UCWp N
�WZNvI�
� Q— h (n
J14' IPF
LOT 7 1 LOT 6
9'32 45" E io
95.00' N
LOT 8 W
•
LOT 9
hoN
18'32'450 W/
LOT 10
ihADED AREA DENOTES
OPEN SPACE 'B'
43,722 SO. FT.
1.0037 ACRES
LOT 6
6' W ,214
i,ie-
18'324
ji
S 18'3245' W
y m
ca
�'00' E 127.10'
I
LOT 11
LOT 7
S 74'15'26' E
69.31,--1
LOT 5 LOT 4
S 15'44'34' W
GO
76 51,
15*44#340 E
LOT 3
74*15*260 W
52.62'
LOT 2
LOT 8
1 ' IPF
o
2
0�
o
o
�c
V
n1 N
vrr�20C
r0
y
C3
�
N r
LOT 1 0
clj
IRF
13�ti o-� Y
�
Tap -CA
Ex WESTWS La 1318
VA. STATE
60 RIW 474
80 0 80
GRAPHIC SCALE (IN FEET)
NOTE. SEE SHEETS 4 AND 5 FOR LINE AND CURVE TABLE INFORMATION.
FINAL SUBDIVISION PLAT
WESTBURY COMMONS
GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 80' 1 DATE: APRIL 24, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone. (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.com
MARK D. SMITH
No.002009
l�L1 (m ( U(�o4,
L� Z.
4079 SHEET 13 OF 13
`C=)
VIRGINIA: FREDERICK COUNTY.SCf.
This instrument
of writing was produced to me on
at
and �vlih ccrtilicate ackno�'�1'�d''�m >>t :hire o annexed
wLis admitted to record. Tax imposccf 'vy Sec. 53.1-502 of
S� , and _ S.1-501 have been paid, if assessabW-
*kZ44 1-40 ". �Clefk
COMMONWEALTH OF VIRGINIA
OFFICIAL RECEIPT
FREDERICK CIRCUIT COURT
DEED RECEIPT
DATE: 09/14/06 TIME: 14:50:32 ACCOUNT: 069CLR060017009 RECEIPT: 06000024318
CASHIER: SOC REG: WE17 TYPE: DOD PAYMENT: FULL PAYMENT
INSTRUMENT : 060017609 BOOK: PAGE: RECORDED: 09/14/06 AT 14:50
GRANTOR: HARVEST COMMUNITIES INC EX: N LOC: CO
GRANTEE: HARVEST COMMUNITIES INC EX: N PCT: 100%
AND ADDRESS :
RECEIVED OF : MCKEE AND BUTLER
CHECK: $102.00
DESCRIPTION 1: GA DIST PAGES: 19
2: WESTBURY COMMONS NAMES: 0
CONSIDERATION: .00 ANAL: 00 MAP: MISC
PIN:
301 DEEDS 28.50 145 VSLF 1.50
106 TECHNOLOGY TRST FND 5.00 035 VOF FEE 1.00
TENDERED 102.00
AMOUNT PAID: 36.00
CHANGE AMT : 66.00
CLERK OF COURT: REBECCA P. HOGAN
DC-18 (1/90)
KUYKENDALL, JOHNSTON,
MCKEE & B UTLERAAL. C.
112 SOUTH CAMERON STREET
WINCHESTER, VIRGINIA 22601
Telephone (540) 662-3486
Facsimile (540) 722-3787
J. SLOAN KUYKENDALL(1906-1995)
PETER K. McKEE (1934-1967)
BENJAMIN M. BUTLER
STEPHEN G. BUTLER
GEORGE W. JOHNSTON, III (1945-2002)
J. SLOAN KUYKENDALL, III
EDWIN B. YOST
September 7, 2006
HAND -DELIVERED
Mark R. Cheran, Zoning and Subdivision Administrator
The Department of Planning and Development
107 North Kent Street, 2nd Floor
Winchester, VA 22601
Re: Westbury Commons
Dear Nir--Creran:
PLEASE REPLY TO:
P.O. DRAWER 2097
WINCHESTER, VA 22604
Direct e-mail:
sgbutlergadelphia. net
Pursuant to request of Stuart Butler of the Harvest Companies, enclosed is the original Deed
of Dedication, Subdivision, Easement, and Conveyance to which the Final Subdivision Plat
Westbury Commons will be attached. Mr. Butler has indicated to me that once you have signed the
plat and instrument you will contact him to obtain the other signatures required before recording.
Very truly yours,
Stephen G. Butler
SGB:bgm
Enclosure
SEP 7 2006
File #0440-06
SGB:bgm
THIS DEED OF DEDICATION, SUBDIVISION, EASEMENT, AND
CONVEYANCE, made and dated this day of , 2006, by and between
HARVEST COMMUNITIES INC., a Virginia corporation, party of the first part, hereinafter
called the DECLARANT, whether one or more, and COUNTY OF FREDERICK ,
VIRGINIA, party of the second part, and JAMES C. YOUNGBLOOD, Trustee, party of the
third part, THE MARATHON BANK, Beneficiary, party of the fourth part, and WESTBURY
COMMONS CONSERVANCY, an association formed pursuant to the Virginia Property
Owners Association Act, party of the fifth part.
WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on
the attached plat drawn by Mark D. Smith, L.S., dated April 24, 2006, known as Westbury
Commons, which property is further described on the Final Master Development Plan of
Westbury Commons as filed in the Office of the Frederick County Department of Planning and
Development. This is the same real estate conveyed to the DECLARANT by Deed dated
September 28, 2004, from James T. Wilson and Jessie S. Wilson, husband and wife, of record
in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No.
040019971, and by Deed dated September 28, 2004, from A's Enterprises Inc., a Virginia
corporation, in the aforesaid Clerk's Office as Instrument No. 040019972.
WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided
into lots for the construction of single-family homes thereon, 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 certain surrounding lands in said Subdivision to be used as common open
space, private street, drainage easements, water easements, pedestrian access easements, sanitary
sewer easements, slope, drainage and utility easements, and utility easements over and across said
lots, all of which shall constitute a portion of that development known as Westbury Commons,
and which common open space and private street areas shall be owned and maintained by
Westbury Commons Conservancy upon the terms and conditions set forth hereinafter; and
WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known
as Westbury Commons. 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, Trustee, and Beneficiary, 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 instrument.
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 as Westbury Commons, lying and being situate in
Gainesboro Magisterial District, Frederick County, Virginia, and being more particularly
described by the aforesaid plat of Mark D. Smith, L.S., dated April 24, 2006, 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 Westbury Commons on file
in the Office of the Frederick County Department of Planning and Development. This is the same
real estate conveyed to Harvest Communities Inc., a Virginia corporation, by Deeds of record in
the aforesaid Clerk's Office as hereinbefore recited.
All of the lots shown on the plat attached hereto shall be subject to the Declaration of
Covenants, Conditions, and Restrictions of Westbury Commons, recorded simultaneously
herewith which are incorporated by reference and made a part hereof, 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.
CONVEYANCE TO CONSERVANCY
THIS DEED FURTHER WITNESSETH that for valuable consideration
DECLARANT hereby grants and conveys with special warranty of title unto the Westbury
Commons Conservancy Open Space "A" containing 4,653 square feet, Open Space `B"
containing 43,722 square feet, and the private street, known as Westbury Place, containing 0.2782
acres as shown on the attached plat and survey.
WITNESS the following signatures and seals:
HARVEST COMMUNITIES INC.
By: (SEAL)
Its (title)
COUNTY OF FREDERICK, VIRGINIA
I:
Its (title)
(SEAL)
(SEAL)
JAMES C. YOUNGBLOOD, TRUSTEE
under Deed of Trust recorded as
Instrument No.
THE MARATHON BANK
By: (SEAL)
J. L. THOMPSON, III
Vice President (title)
WESTBURY COMMONS CONSERVANCY
By: (SEAL)
(title)
COMMONWEALTH OF VIRGINIA, AT -LARGE:
CITY/COUNTY OF , to -wit:
..I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do
hereby certify that , whose name is signed as
and duly authorized officer of HARVEST COMMUNITIES INC., a Virginia corporation, to
the foregoing instrument dated the day of , 2006, has personally appeared
before me and acknowledged the same in my State and Jurisdiction aforesaid.
GIVEN under my hand this day of , 2006.
My Commission Expires: (SEAL)
Notary Public
COMMONWEALTH OF VIRGINIA, AT -LARGE:
CITY/COUNTY OF , to -wit:
I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do
hereby certify that , whose name is signed as
of COUNTY OF FREDERICK, VIRGINIA, to the foregoing instrument dated the day
of , 2006, has personally appeared before me and acknowledged the same in my State
and Jurisdiction aforesaid.
GIVEN under my hand this day of , 2006.
My Commission Expires:
Notary Public
COMMONWEALTH OF VIRGINIA, AT LARGE:
CITY/COUNTY OF
to -wit:
I, the undersigned, a Notary Public in and for the State and jurisdiction aforesaid, do
hereby certify that James C. Youngblood, whose name is signed to the foregoing instrument the
day of , 2006 as Trustee under that certain Deed of Trust recorded in the
Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. ,
has personally appeared before me and acknowledged the same in my State and Jurisdiction
aforesaid.
GIVEN under my hand this day of , 2006.
My Commission Expires: (SEAL)
Notary Public
COMMONWEALTH OF VIRGINIA, AT -LARGE:
CITY/COUNTY OF , to -wit:
I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do
hereby certify that J. L. Thompson, III, whose name is signed as Vice President and duly
authorized officer of THE MARATHON BANK, to the foregoing instrument dated the
day of , 2006, has personally appeared before me and acknowledged the same in my
State and Jurisdiction aforesaid.
GIVEN under my hand this
My Commission Expires:
day of , 2006.
Notary Public
COMMONWEALTH OF VIRGINIA, AT -LARGE:
CITY/COUNTY OF , to -wit:
(SEAL)
I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do
hereby certify that , whose name is signed as
of WESTBURY COMMONS CONSERVANCY, to the foregoing instrument dated the
day of , 2006, has personally appeared before me and acknowledged the same in my
State and Jurisdiction aforesaid.
GIVEN under my hand this day of , 2006.
My Commission Expires: (SEAL)
Notary Public
Department
September 13, 2006
Mr. Mark D. Smith
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Subdivision #02-06 — Westbury Commons
PINs #53-4-3-E and 53-4-3-F
Dear Mark:
of FREDERICK
546/665-5651
FAX: 540/ 665-6395
This letter is to confirm that the final plats for Westbury Commons have been administratively
approved. The subdivision allows for the development of eleven (11) single-family small lots. The
appropriate construction guarantee, copy of the plats, and deed of dedication have been received.
Attached are five (5) copies of the approved plats for your records and distribution. Please return a copy
of the recorded plat to this office, and feel free to call me if you have any questions regarding this
subdivision.
Feel free to call me if you have any questions regarding this subdivision.
Sincerely,
Mark R. Cheran
Zoning and Subdivision Administrator
Attachments
MRC/bad
cc: Charles S. DeHaven, Jr., Stonewall District Supervisor
John H. Light and Gary Oates, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
James Micco, Allegheny Power
Harvest Communities, Inc., 147 Creekside Lane, Winchester, VA 22602
107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000
JUL 5 2006
COMMONWEALTH ®f VIRGINIA
DEPARTMENT OF TRANSPORTATION
14031 OLD VALLEY PIKE
EDINBURG, VA 22824
VirginiaDOT.org
GREGORYIA. WHIRLEY
ACT Une iUS���
Mr. Austin Spitler
C/O Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
Ref: Westbury Commons
Off Route 522, Maple Street
Frederick County
Dear Austin:
A VDOT review has been completed on the final plat dated April 24, 2006 for the referenced project.
The plat appears to reflect the information shown on the approved project plans and is therefore
approved by this letter.
The application for subdivision of this property appears to have a measurable impact on Route 522,
Maple Street, the VDOT facility which would provide access to the property. This section of street is
currently not in the State's Secondary Road System. All entrance design and drainage features must
meet State requirements if the street is to be eligible for acceptance. A complete set of construction
plans will be required for review.
We are returning five (5) signed copies of the plat to your office, one copy is being retained for our
work file. Please provide one copy of the plat of dedication fully signed and recorded at
the appropriate County Clerk's Office prior to the issuance of any land use permit from
VDOT.
If there are any questions, please feel free to call.
Sincere)
�•�z 1
Barry J. Sweitzer, Tr,,n . Road'niay Engireer
For: Lloyd A. Ingram, Transportation Engineer
BJS/rf
Enclosures OOYEARS OF
xc: Mr. Robert Hawkins TRANSPORTATION EXCELLENCE
Mr. Mark Cheran 1 9 0 6 2 0 0 6
Westbury Commons - Wrenn Lot - Drainage Improvements
Page 1 of 1
Mark Cheran
From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd
[Lloyd.ingram@VDOT.Virginia.gov]
Sent: Wednesday, April 26, 2006 3:18 PM
To: 'rbrown@greenwayeng.com'
Cc: Ingram, Lloyd; Hawkins, Robert; 'Mark Cheran (mcheran@co.frederick.va.us)'
Subject: Westbury Commons - Wrenn Lot - Drainage Improvements
We have received your site plan dated April 12, 2006 for the referenced project. It appears all
of our earlier review comments have been satisfactorily addressed. Please advise the owner
of our approval
The appropriate land use permit may now be applied for to cover work within the Route 1314
right-of-way. The permit is issued by this office and will require a minimum processing fee,
surety bond coverage, and the salary & expenses of a State assigned Inspector. A copy of
any/all recorded plats of dedication for drainage easements or additional right-of-way required
for implementation of this proposed project should be provided to VDOT prior to issuance of
any land use permits. Dedication should be made to the Commonwealth of Virginia.
Once satisfactory application has been made, a permit will normally take approximately thirty
days to process and issue. Should you have any questions, do not hesitate to call.
Lloyd A. Ingram
Transportation Engineer
VDOT — Edinburg Residency
Land Development
14031 Old Valley Pike
Edinburg, VA 22824
(540) 984-5611
(540) 984-5607 (fax)
6/16/2006
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
June 21, 2006
Greenway Engineering
Attention: Becky Lemons
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Westbury Commons Final Plats, I" Review
PINS 53-4-3-E, 53-4-3-F
Dear Ms. Lemons:
I have had the opportunity to review the Final Plats for Westbury Commons, received by this
office on May 15, 2006. Please address the following comments:
1. On Sheet 7 of 13, regarding Lot 4, create a 20' BRL parallel to the lot front property line,
and remove the `BRL" label from the top of the page as per our phone conversation
today.
The application seeking approval is denied until the issue identified in this letter has been
adequately addressed. Please address the above comment and resubmit. I have enclosed a
marked copy of the plats to assist with the revision. If you have any questions, please feel free to
call.
Sincerely,
w
Bernard S. Suchicital
Planner I
cc: Harvest Communities, Inc., 147 Creekside Lane, Winchester, VA 22602
BSS/bad
107 North Dent Street, Suite 202 a Winchester, Virginia 22601-5000
MAY 4 20M
COMMONWEALTH of VIRCjINIA
DEPARTMENT OF TRANSPORTATION
14031 OLD VALLEY PIKE
GREGORYA. WHIRLEY EDINBURG, VA 22824
ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER
May 3, 2006
Mr. Stuart Butler
C/O Harvest Communities, Inc.
147 Creekside Lane
Winchester, VA 22602
Ref: Westbury Commons
Route 1318, Frederick County
Dear Mr. Butler:
Enclosed is your approved Land Use Permit #855-7584 to cover the construction and
maintenance of one subdivision entrance at the referenced location.
Please ensure a copy of the approved permit assembly is kept at the job site whenever
working within the Route 1318 right-of-way. I would also like to remind you of the
need to erect and maintain proper traffic control in accordance with our Virginia Work
Area Protection Manual
You are o eciuiied to contact Mr. Bob Hawkins at (540) 535-1824 at izast
48 hours in advance of the start of construction to arrange for any necessary
inspections.
If you have any questions concerning the permit requirements or during construction,
do not hesitate to call.
Sincerely,
901'uu-e-4��
Ronnie Dove
Hwy. Permits & Subd. Specialist Sr.
Enclosure
xc: Mr. C.B. Harris (w/ copy of permit)
Mr. Robert Hawkins VirginiaDOT.org
Mr. Mark Cheran WE KEEP VIRGINIA MOVING
CK
540/ 665-5651
FAX: 540/ 665-6395
April 4, 2006
Greenway Engineering
Attention: Mark D. Smith
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Westbury Commons — Subdivision Design Plan Approval
Dear Mr. Smith:
This letter is to confirm that the Subdivision Design Plan for Westbury Commons, received by
our office on September 21, 2005, has been approved. Enclosed are six (6) full sets of plans for
your records and distribution.
If you have any questions or concerns, please feel free to contact me at (540) 665-5651.
Sincerely,
Bernard S. Suchicital
Planner I
cc: Harvest Communities, Inc., 147 Creekside Lane, Winchester, VA 22602
Charles S. DeHaven, Jr., Stonewall District Supervisor
John H. Light and Gary Oates, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
John Trenary, Inspections Administrator
James A. Micco, Allegheny Power, 3463 Valley Pike, Winchester, VA 22602
BSS/bad
107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 19'1 Winchester, Virginia 22602
TRANSMIT T AL
r-DR _ 3
Project Name: Westbury Commons -Subdivision Plan
File No: 4079
Date April 3, 2006
To: FC Planning From: Austin Spitler/dlm
Attn: Bernard Suchicital GREENWAY ENGINEERING
Phone: 540-662-4185
Copied Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up
❑ Other
❑ .Urgent ® For Your Review ❑ As You Requested ❑ Please Comment
Message:
B ernar,d
Attached are 8 copies of the subdivision plan for final approval and signature.
Thank you for your assistance. Call with any questions.
Hand Delivery and Pick Ups Only:
Received By: Date:
of FREDERICK
J
March 31, 2006
Greenway Engineering
Attention: Mark D. Smith
151 Windy Hill Lane
Winchester, Virginia 22602
Department of
RE: Westbury Commons Subdivision Design Plan I" Review
Dear Mr. Smith:
ff 1 540/665-5651
FAX: 540/ 665-6395
I have had the opportunity to review the revised Subdivision Design Plan (SDP) for Westbury
Commons, received by this department on March 30, 2006. This plan is approvable.
Please provide us with a minimum of five full sets of plans, signed by the owner and engineer,
for approval and distribution. In addition to the five full sets of plans, include any additional
cover sheets as needed.
Sincerely,
r,
Bernard S. Suchicital
Planner I
cc: arvest Communities, Inc., 147 Creekside Lane, Winchester, VA 22602
BSS/bad
107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
Founded in 1971
March 16, 2006
County of Frederick
Department of Planning and Development
107 North Kent Street
Suite 202
Winchester, VA 22601-5000
Attn: Bernard S. Suchicital
RE: Westbury Commons Subdivision Design Plan
Dear Mr. Suchicital,
Greenway Engineering is in receipt of comments, dated March 9, 2006, and we are pleased to offer the
following responses:
Comment 1: On Sheet I of 9, remove the two notes under the Zoning Administrator's signature block. This
is a subdivision design plan, not a site plan. Also, edit the Administrator's title to read "Zoning &
Subdivision Administrator. "
Response: Revised per comments.
Comment 2: On Sheet 1 of 9, include parcels in the vicinity map.
Response: Revised per comments.
Comment 3: On Sheet I of 9, include a 10`h page that lists all approved proffers, and note it on the sheet
index.
Response: Revised Sheet Index showed Proffers on Sheet 2.
Comment 4: On Sheet I of 9, include "Subdivision Design Plans" in the title blocks of these plans.
Response: Revised per comments.
Comment 5: On Sheet I of 9, mention that all utilities shall be buried underground in the general notes
column.
✓Response: Revised per comments.
Comment 6: On Sheets 2-4 of 9, locate the proposed gazebo and park benches as indicated in MDP #11-
05.
`Response: Revised Sheets 2, 3, & 4 per comments.
Comment 7: On Sheets 2-4 of 9, at the intersection of Westbury Place and Westminster -Canterbury Drive,
realign the pedestrian trail to match with the sidewalk ramps.
Response: Revised Sheets 2, 3, & 4 per comments.
Comment 8: On Sheets 2-4 of 9, create a pedestrian easement for the trail as it crosses Lots 4. 9, and 10.
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
File#4079/AS/adf www.greenwayeng.com
✓Response: Revised sheets 2, 3, & 4 per comments.
Comment 9: On Sheet 4 of 9, place text so that it is not on top of each other.
Response: Revised per comments.
Comment 10: On Sheet 4 of 9. include a typical of a lot/house detail.
Response: At this time owner does not have any typical house so the best we can do is how a foot print as
shown on plans.
Comment I /: On Sheet 4 of 9, include a fence detail.
-Response: Fence detail shown on Sheet 4.
Comment 12: On Sheet 4 of 9, regarding detail #2, use the detail from MDP #11-05. /
Response: Detail #2 revised.
Comment 13: On Sheet 4 of 9, detail #3 does not match up with the landscape plan. Please adjust, and
include additional plantings on the east property line screening.
J1 Response: Additional plantings shown, trees along rear property line of lots 8, 9 and open space are the
required 1/3 deciduous plantings.
Comment 14: On Sheet 4 of 9, include a note that reads: "All plantings shall conform with Section 165-36B
of the Frederick County Zoning Ordinance. Any substitutions must be approved in writing by the Frederick
County Planning Dept. "
✓Response: Revised per comments.
Comment 15: On Sheet 4 of 9, MDP #11-05 calls for oak trees, yet the subdivision design plans indicate
red maple. Please adjust. Also, include finrther clarification of which shrubs will be used on the project,
and provide a breakdown of the number of plantings that will be used for buffering and ornamental.
/Response: Oak Trees the only place on the MDP I can find an oak tree is in the legend. The legend does
not indicate type of trees to be planted. It indicates the difference between an existing tree and a proposed
tree shown on the site plan. According to 165-36 red maples are acceptable for this development.
Please find attached the revised Subdivision Design Plan per your comments. Feel free to contact me with
any questions or concerns, and as always, we thank you for your time in this matter.
Sincerely,
a�4 -1,A
Austin Spitler
Greenway Engineering
Enclosures
File#4079/AS/adf
GREENWAY ENGINEERING
1.51 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANS MIT TAL
Project Name: Westbury Commons -Subdivision Plans
File No: 4079
Date March 30, 2006
To: FC Planning From: Austin Spitler/dlm
Attn: Bernard Suchicital GREENWAY ENGINEERING
Phone: 540-662-4185
Copied Fax: 540-722-9528
MAR 3 0 2006
Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up
❑ Other
❑ Urgent ® For Your Review ® As You Requested ❑ Please Comment
Message:
Bernard,
Attached is 1 copy of the revised subdivison plans per Planning comments for your review.
Thank you for your assistance. Call with any questions.
Hand Delivery and Pick Ups Only:
Received By: Date:
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 19'1 Winchester, Virginia 22602
T R A N S M I T T A L
Project Name: Westbury Commons -Subdivision Plan
File No: 4079
Date March 17, 2006
To: FC Planning From: Austin Spitler/dlm
Attn: Bernard Suchicital GREENWAY ENGINEERING
Phone: 540-662-4185
Copied Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up
❑ Other
❑ Urgent ® For Your Review ® As You Requested ❑ Please Comment
Message:
Bernard,
Attached is the following for the above project:
-2 copies of the revised subdivision plans per Planning comments
-Comment response letter
As always, thank you for your assistance. Call with any questions.
Hand Delivery and Pick Ups Only:
Received By: Date:
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 29:1 Winchester, Virginia 22602
T R A N S M I T T A L
Project Name: Westbury Commons -Wrenn Lot
F E B 2 2006
File No:
4079
Date
February 2, 2006
To:
FC Planning
From: Austin Spitler/dlm
Attn:
Mark Cheran
GREENWAY ENGINEERING
Phone: 540-662-4185
Copied
Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail
❑ Other
❑ Urgent ® For Your Review
Message:
® Courier
❑ As You Requested
Mark,
Attached is the following for the above project for your review:
-2 copies of the drainage improvement plans
-Planning comment sheet
Call with any questions or need for additional copies or information.
Hand Delivery and Pick Ups Only:
Received By: Date:
a Pick Up
❑ Please Comment
5pp h �
6,o,qtWovt'l
Co mmor%g
Request For Site Plan Comments
Department of Planning and Development
Mail to:
Department of Planning and Development
Attn: County Planner
107 North Kent Street
Winchester, VA 22601
(540) 665-5651
Hand deliver to:
107 North Kent Street
Fourth Floor
Winchester, VA
(540) 665-5651
Please fill out the information as accurately as possible in order to assist the agency with
their review. Please attach two (2) copies of the site plan with this sheet.
Applicant's Name: Greenwa�En Engineering
Address: 151 Windy Hill Lane, Winchester, Virginia 22602
Phone Number: (540) 662-4185
Name of development and/or description of the request: Wrenn Lot -Drainage
Improvement Plans
Location of property: Hickory Lane off of Route 522
Planning and Development's Comments:
Planning and Development use only
Date received
Incomplete
Date reviewed
Signature and Date
Signature and Date (revision)
Date revision received Date approved
Incomplete
Date reviewed
16
c5 — c.
�ON
COUNTY of FREDERICK
NIArl G 'J LUUU
+ Department of Public Works
540/665-5643
FAX: 540/ 678-0682
March 21, 2006
Mr, Austin Spitler
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Subdivision Plan Comments - Westbury Commons
Frederick County, Virginia
Dear Austin:
Upon review of the revised subdivision plan dated January 4, 2006, all of our previous
comments have been addressed. Therefore, we recommend approval of the subject subdivision
plan.
Sincerely, r
Joe C. Wilder
Deputy Director
JCW/rls
cc: Mark Cheran, Zoning and Subdivision Administrator
file
C:\Program Files\word Perfect Off"we 11\Rhonda\"1 L�[PCO\[\Its\Tti\��estbur}rmnrersubcom.��'pd
107 North Kent Street • Winchester, Virginia 22601-5000
G� f �CD
c�4oN COUNT c
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
March 9, 2006
Greenway Engineering
Attention: Mark D. Smith
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Westbury Commons Subdivision Design Plan 1st Review
Dear Mr. Smith:
I have had the opportunity to review the Subdivision Design Plan (SDP) for Westbury
Commons, received by this office on January 20, 2006. Please address the following comments:
1. On Sheet 1 of 9, remove the two notes under the Zoning Administrator's signature block.
This is a subdivision design plan, not a site plan. Also, edit the Administrator's title to
read "Zoning & Subdivision Administrator."
2. On Sheet 1 of 9, include parcels in the vicinity map.
I On Sheet 1 of 9, include a 1Otn page that lists all approved proffers, and note it on the
sheet index.
4. On Sheet 1 of 9, include "Subdivision Design Plans" in the title blocks of these plans.
5. On Sheet 1 of 9, mention that all utilities shall be buried underground in the general notes
column.
6. On Sheets 2-4 of 9, locate the proposed gazebo and park benches as indicated in MDP
411-05.
7. On Sheets 2-4 of 9, at the intersection of Westbury Place and Westminster -Canterbury
Drive, realign the pedestrian trail to match with the sidewalk ramps.
8. On Sheets 2-4 of 9, create a pedestrian easement for the trail as it crosses Lots 4, 9, and
10.
107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000
Greenway Engineering
Re: Westbury Commons
March 9, 2006
Page 2
9. On Sheet 4 of 9, place text so that it is not on top of each other.
10. On Sheet 4 of 9, include a typical of a lot/house detail.
11. On Sheet 4 of 9, include a fence detail.
12. On Sheet 4 of 9, regarding detail #2, use the detail from MDP # 11-05.
13. On Sheet 4 of 9, detail 43 does not match up with the landscape plan. Please adjust, and
include additional plantings on the east property line screening.
14. On Sheet 4 of 9, include a note that reads: "All plantings shall conform with Section 165-
3613 of the Frederick County Zoning Ordinance. Any substitutions must be approved in
writing by the Frederick County Planning Dept."
15. On Sheet 4 of 9, MDP #11-05 calls for oak trees, yet the subdivision design plans
indicate red maple. Please adjust. Also, include further clarification of which shrubs will
be used on the project, and provide a breakdown of the number of plantings that will be
used for buffering and ornamental.
The application seeking approval is denied until the issues identified in this letter have been
adequately addressed. Please address the above comments and resubmit. I have enclosed a
marked copy of the plans to assist with the revisions. If you have any questions, please feel free
to call.
Sincerely,
� � s
Bernard S. Suchicital
Planner I
cc: Harvest Communities, Inc., 147 Creekside Lane, Winchester, VA 22602
BSS/bad
f as -a
nnnr
J OXPPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
Dater e6 Application #6 MDP?Yes ` No
If,no has MDP requirement been waived by the Planning Director?,Yes No
If MDR requirement has not been waived, fill in the following public bearing dates:
Planning Commission: Board of Supervisors;
Applicant/Agent: Greenway Engineering - Attn: Austin Spitler
Address: 151 Windy Hill Lane
Winchester. VA 22602
Phone: 540-662-4185
Owners Name: Harvest Communities, Inc.
Address: 147 Creekside Lane
Winchester, VA 22602
Phone: 540-678-1462
Please list names of all owners, principals and/or majority stockholders:
Harvest Communities Inc.
Stuart Butler, President
Contact Person: Austin Spitler
Phone: 540-662-4185
NAME OF SUBDIVISION
Number of Lots: 11
Westbury Commons
Total Acreage 3.13 Acres
Property Location: Eastside of Westminster Canterbury Drive, approximately 500' south of
the intersection of Route 522 and Westminster Canterbury
(Give State Rt. #, name, distance and direction from intersection)
Magisterial District Stonewall
I
Property Identification Number (PIN) 53-4-3-E, 53-4-3-F
(Parent Tract)
Property zoning and present use: R-P (Unimproved)
Adjoining property zoning and use: B-2 Commercial, RP Residential
Has a Master Development Plan been submitted for this project? x Yes No
If yes, has the final MDP been approved by the Board of Supervisors? x Yes No
What was the Master Development Plan title? x Yes No
Does the plat contain any changes from the approved MDP? Yes x No
If yes, specify what changes: Not applicable
Minimum Lot Size (smallest lot) 7,168 Square Feet
Number and types of housing units in this development: I I Single Family Detached
I have read the material included in this package and understand what is required
by the Frederick County Planning Department. I also understand that all required
material will be complete prior to the submission of
my site plan.
Signature- ade�
- ,z
Date:
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 797i Winchester, Virginia 22602
T RAN S M ITT A L
Project Name: Westbury Commons
File No: 4079
Date 01/12/06
To: Frederick Co Planning From: Austin Spitler/adf
Attn: Candice Perkins GREENWAY ENGINEERING
Phone: 540-662-4185
Copied File Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up
❑ Other
❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment
Message:
Candice,
Please find attached for your review the following:
1 Subdivision Application
2 Sets of Subdivision Plans
1 Fee Check
Feel free to contact me with any questions or concerns, and as always, we thank you for your
time in this matter.
Hand Delivery and Pick Ups Only:
Received By: Date:
4 N 2 0 2006
JA N 2 0 2006
Document Approval Form
PLEASE REVIEW THE ATTACHM DOMEENT. IF TIMS DOC JNfWT MEETS YOUR
APPROVAL PLEASE NMAL AND PROVIDE TIE DATE AND ME OF YOUR
APPROVAL
IF 72USDOCEMENTDOESNOTJIEET YOCRAPPROVAL PLE.ASEPROVIDE
COJMEN7SAS TO WHAT YOU WOULD Z- TO SAYE COMPLETED.
RTITT.AIS DATE & THE
David
Alric
Susan
Eric
COMME M:
Received by Clerical Stag' (Date & Time): PSD ) „ 7 t %
SUBDIVISION #02-06 WESTBURY C
Stonewall 11 LOTS 3.13 ACRES