HomeMy WebLinkAboutWestminster-Canterbury of Winchester - BackfileCOUNTY of FREDERICK
IDepartment of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
June 17, 1985
Mr. Fred Allen
Westminster —Canterbury of Winchester
35 E. Boscawen St.
Winchester, Virginia 22601
Dear Mr. Allen:
This letter is to confirm the Frederick County Board of Supervisors' action at
their meeting of June ll, 1985:
Approval of Subdivision Request of Westminster —Canterbury to subdivide two lots
(26.829 acres and 14.742 acres, zoned RP) for use as a life care retirement home
facility and drainage facilities in the Gainesboro Magisterial District.
If you have any questions regarding your Subdivision Request, please don't
hesitate to call me.
Sincerely,
n T. P. Horne
Director
JTPH/dkg
9 Court Souare - P.O. Box 601 - Winchester, Virginia - 22601
c
MAY 2 9 19
THIS DEED OF GIFT made and dated this day of
, 1985, by and between THE CLEARBROOK WOOLEN COMPANY,
INC., a corporation organized and existing under and pursuant
to the laws of the Commonwealth of Virginia, hereinafter
referred to as the Grantor; and WESTMINSTER-CANTERBURY OF
WINCHESTER, INC., a corporation organized and existing under
and pursuant to the laws of the Commonwealth of Virginia, here-
inafter referred to as the Grantee.
WHEREAS: The Grantor has agreed to donate 26.95 acres
to the Grantee to be used solely for the construction of a
Life Care Retirement Home similar to Westminster -Canterbury
homes located in other parts of the Commonwealth of Virginia,
more particularly described by that certain plat and survey
dated April 27, 1984, prepared by Lee A. Ebert, C.L.S., of
record immediately preceding this Deed of Gift, as.Tract 1.
WHEREAS: The Grantor has agreed to donate the here-
inafter described property containing 14.742 acres, more
particularly described by that certain plat and survey dated
April 27, 1984, prepared by Lee A. Ebert, C.L.S., of record
immediately preceding this Deed of Gift, as Tract 2, for the
sole and express purposes hereinafter set forth.'
NOW, THEREFORE, WITNESSETH: That for and in
consideration of the sum of Ten Dollars ($10.00) and other
valuable consideration, receipt of which is hereby acknowledged,
the Grantor does hereby grant and convey with General Warranty
of Title unto the Grantee all of that certain tract of land
containing 14.742 acres, more particularly described by that
certain plat and survey prepared by Lee A. Ebert, C.L.S., dated
April 27, 1984, of record immediately preceding this Deed of Gift,
and being a part of the same property conveyed to the Grantor herein
A
deed dated November 17, 1950, of record in the Clerk's Office-
of the Circuit Court of Frederick County, Virginia, in Deed
Book 216, Page 557, subject however, to the following
restrictions and covenants:
1) The aforesaid property shall be used by the Grantee,
its successors and assigns, as a nature area which is defined
as an area for walking trails, no roads, no pavements, no
construction of buildings and no mechanically driven vehicles
of any kind.
2) The aforesaid property may be used, however, as
an area for surface drainage from Tract 1 hereinbefore described
or for the installation of a holding basin for water resulting
from surface drainage if this is required by regulatory
authorities.
.The aforesaid restrictions and covenants are real and
running with'the land -and binding upon the successors in title
of the Grantee.
The Grantee joins in the execution of this deed for the
sole and express purpose of agreeing that it will comply with
the aforesaid restrictions.
WITNESS the following signatures and seals:
THE CLEARBROOK WOOLEN COMPANY, INC.
By: (SEAL)
WESTMINSTER-CANTERBURY OF WIlNCHESTER
INC.
By: ( SEAL;
STATE OF VIRGINIA,
OF , to -wit:
The foregoing�'instrument was acknowledged before me
this day of , 1985, by
.,1
TO: GWJ and TMD
FROM: Amy
RE: Our File No.
DATE: June 18, 1985
MEMORANDUM
1960-99999 — Westminster/Canterbury
I talked this afternoon with John Horne. He says the plats
are suitable, and he is seeing to their signature by the Planning
Comission and Board of Supervisors tomorrow afternoon. After he
gets these signatures (he has already talked to Reed Nester), he is
taking the plats to Mr. Nester, who will procure the necessary
signatures and call me.
Mr. Horne told me he wanted to see the deed restrictions
for Tract 2 before he signs. With a copy of this memo, I am having
a copy of the deed hand delivered to him this afternoon.
aj
cc: Mr. John Horne — with enclosure
• THIS DEED OF GIFT made and dated this I day of
June, 1985, by and between THE CLEARBROOK WOOLEN COMPANY, INC.,
a corporation organized and existing under and pursuant to the
laws of the Commonwealth of Virginia, hereinafter referred to as
the Grantor; and WESTMINSTER-CANTERBURY OF WINCHESTER, INC., a
corporation organized and existing under and pursuant to the
laws of the Commonwealth of Virginia, hereinafter referred to
as the Grantee. '
WHEREAS: The Grantor has agreed to donate the herein-
after described property containing 14.742 acres, more
particularly described by that certain plat and survey dated
April 27, 1984, prepared by Lee A. Ebert, C.L.S., of record
immediately preceding this Deed of Gift, as Tract 2, for the
sole and express purposes hereinafter set forth.
NOW, THEREFORE, WITNESSETH: That for and in
consideration of the sum of Ten Dollars ($10.00) and other
valuable consideration, receipt of which is hereby acknowledged,
the Grantor does hereby grant and convey with General Warranty
of Title unto the Grantee all of that certain tract of land
containing 14.742 acres, more particularly described by that
certain plat and survey prepared by Lee A. Ebert, C.L.S., dated
April 27, 1984, of record immediately preceding this Deed of Gift
and being part of the same property conveyed to the Grantor here-
in by deed dated November 17, 1950, of record in the Clerk's
Office of the Circuit Court of Frederick County, Virginia, in
Deed Book 216, Page 557, subject however, to the following
restrictions and covenants:
1) The aforesaid property shall be used by the Grantee,
its successors and assigns, as a nature area which is defined
T ..
as an area for walking trails, no roads, no pavements, no
coflstrudtioh of buildings and no mechanically driven vehicles
of any kind, except for maintenance of the area.
2) The aforesaid property may be used, however, as
an area for surface drainage from Tract 1 hereinbefore described
or for the installation of a holding basin for water resulting
r
from surface drainage if this is required by regulatory
authorities. '
The aforesaid restrictions and covenants are real and
running with the land and binding upon the successors in title
of the Grantee.
The Grantee joins in the execution of this deed for the
sole and express purpose of agreeing that it will comply with
the af
oresaid restrictions.
WITNESS the following signatures and seals:
THE CLEARBROOK WOOLEN COMPANY, INC.
By: (SEAL)
es ent
WESTMI -CANTERBURY OF WINCHESTER
INC.
II By: (SEA]
President
• II STATE OF VIRGINIA,
OF , to -wit:
The foregoing instrument was acknowledged before me
this day of , 1985, by
. -2-
N
of Westminster -Canterbury of Winchester,
Inc.
My commission expires
Notary Public.
STATE OF VIRGINIA,
OF 1,J-Daid 10 , to -wit:
T e foregoing instrument was acknowledged before me
this 711h day of , 1985, by
n. Anl') I
of a Clearbrook Woolen Company., Inc.
My commission expires atj
k( 1.4, #,Y
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5 OF 6
KATHERINE P
WEBER
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D.B. 336 p 39
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TRACT 2 '- SUBJECT 'TO
DEED RESTRICTIONS
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TRACT 2 0
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FREDERICK CO. AREA: 13.666 AC.
. WINCHESTER AREA : 1.076 AC.
(-CA
A. EB.EKT
RTIFICATE Ito.484
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:. SHEET 6 OF 6
The Accompanying Plat is a S urvey of a Portion of the yed
to the Clearbrook Woolen Company, Incorporated by Deed date vember
1950,in Deed Book 216 Page 557. The said Land lies South of U. S. Route
522, in Gainesboro District, Frederick County, Virginia:
Beginning at an iron pin (found) "in the Southern Line of the Royston
Land, a corner to the 26.95 Acre Tract, running with the Four Following
Lines of the.said 26.95 Acre Tract S 180 29' 1.8" E - 260.80 ft. to
an iron pin (found); thence S 170 02' 24" W - 74.67 ft. to an iron pin
(found); thence S 290 22' 37" W - 140.76 ft. to an iron pin (found);
thence S 070 Ill 08" W - 422.46 ft* toran iron pin (found) corner to
the Retained Portioj►; thence with the T'To Followin5j Lines of the said
Other Land S 520 440 27" E - 322.63 ft* to a post; thence N 400 47' 18" E
10233.83 ft. to an iron pin, and continuing N 400 47' 18" E -
1#237.56 ft., In A11, to a corner in the Southwestern Line of the
Hiett Land; thence with the Two Following Lines of the said Land
I
N 520 50' 41" W - 222.51 ft. to an iron pin (found); thence S 420 35'
19" W - 157.50 ft. to a marked tree; thence with the Southern Line of
the said Hiett Land, and continuing with the Southern Line of the
Weber b Krial Land N 750 034 48" W - 573.58 ft. to a marked tree
corner to the said Royston Land; thence with the.Two Following
SouthernLines
of
the said
Land
N 710 26' 26"
W -
46.20 ft.;
thence
S 630 04' 15" W - 137.12 ft* to the beginning.
Containing - - 13,666 A c. Frederick County
1.076 A C. City of Winchester
1.4.742 ACRES
Surveyed - - - April 27, 1984 .
i
`Y rl
LEE A. BiV ;
J16RTIFICATE NO. >
A zt4 S�13
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DEC 6 090
COMMONWEALTH ®f V1RQINIA
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
RAY D. PETHTELEDINBURG, 22824 WILLIAM H. BUSHMAN
COMMISSIONER (/-f03) 984-4133 RESIDENT ENGINEER
December 21, 1990
Mr. H. K. Benham, III
C/O Harrison & Johnston
21 South Loudoun Street
P. O. Box 809
Winchester, VA 22601
Dear Mr. Benham:
Ref: Westminster -Canterbury Subd.
Route 522 North
Frederick County
I am writing in response to your letter of October 16, 1990 concerning the
above referenced project. The "as built" site plans of the project which were
submitted by Greenway Engineering & Surveying Company, Inc. appear to be in
order. However, please note the turn around easement at the end of
Westminister-Canterbury Drive is mussing. We will require this easement be
shown on the "as built" plan as well as proof the easement was actually put to
record at the Frederick County Clerk's Office. For your use I have enclosed a
copy of Sheet 3 of 5 of Tudor Square - Section I plats which detail a portion
of said turn around.
Once the above has been addressed, please resubmit two (2) copies of the
"as built" plans to this office. Should you have any questions, please give
me a call.
Sincerely,
William H. Bushman
Trans. Resident Engineer
gio, "Yzl-,tg�
Hwy.
RBC/rf
Enclosures
xc: Mr. F. E. Wymer
Mr. R. W. Watkins
Mr. H. Bruce Edens
By: Robert B. Childress
Permits & Subd. Spec. Senior
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN
COMMISSIONER ( 703 ) 984-4133 RESIDENT ENGINEER
September 20, 1989
Mr. H. K. Benham, III Ref: Westminster -Canterbury
C/O Harrison & Johnston Frederick Mall Drive
21 South Loudoun Street Route 522
Winchester, VA 22601 Frederick County
Dear Mr. Benham:
This is in response to our recent field review of the above referenced
development on September 19th.
The following items will need corrective action before Frederick Mall Drive is
eligible for inclusion into the State's Secondary Road System.
- Ditch lines and shoulders need to be cleaned of all construction debris so
to drain properly.
- Numerous areas on the shoulders need to be reseeded and mulched.
- A standard VDOT stop sign needs to be installed at the intersection of
Frederick Mall Drive and Route 522 (specification enclosed).
- The access to the Canterbury Square Subdivision needs to be confined to one
location. A construction entrance 30'x30' with 8" of crushed stone will be
suitable as this will keep mud from being carried onto the roadway surface.
Any damages to the shoulders and ditch lines by Canterbury Square's
developers will need correcting.
- The temporary electric line crossing the right-of-way will have to be
removed.
After these items have been completed, please contact me so we may schedule a
final inspection.
Should you have any questions concerning the above, do not hesitate to call.
Sincerely,
W. H. Bushman
Resident Engineer
By: 11obert B. Childress D
Hwy. Permits & Subd. Spec. Senior
RBC/rf % 2 1
Enclosures
xc: Mr. F. E. Wymer
Mr. R. W. Watkins v TRANSPORTATION FOR THE 21ST CENTURY
OP
WESTMINSTER-CANTERBURY OF WINCHESTER