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HomeMy WebLinkAboutCanterbury Square Gainesboro District - Backfile (2)K COUNTY of FREDERICK Department of Planning and Development 703/665-5650 FAX 703/667-0370 SUBDIVISION CHECKLIST Application Received .5lij#Lg� 1. Two sets of comment sheets from the following agencies along with any marked copies of the plan; V VDOTy City of Winchester Co. San. Auth. Co. Hlth. Dept. Inspections Dept. Parks & Rec. Fire Marshall Local Fire Company �ellle,rl Avc},'h 51,17 2. 15 copies of the plan on a single sheet wfll�a-+ ,4 r- 46rnr74s copy of the plan 3. 1 reproducible co ° G� ' 4. a 35mm. slide of the plan TRACKING D dxi Subdivision Information forwarded to Consulting Engineer 2 $Y Review/Invoice received from Engineer 71019 Fee Paid (amount $ - 0,�3r)/,�j —� Cj ^% Subdivision heard by Planning Commission Final/ plat submitted with revie agency signatures and; �7 deed of dedication bond estimate Final plat information forwarded to FInglneer Review received from Engineer Final Fee paid M 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 RECEIPT N2 022264 AMOUNT DUE $ ^^ ) � 5 71 i1 AMOUNT PAID $ )I , J 5 71.av BALANCE DUE - nD — Cj ..� PAID BY CASH CHECK 4 ) q Ia� OTHER FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P. O. BOX 601 • 9 COURT SQUARE 1 INCHESTER, VIRGINIA 22601 _.! X , DATE r � a. L�r✓ RECEIVED FROM ADDRESS THE SUM OF .>t„-a:.. 6-_ .. - _ .1 ; !_.L 1p,��i .. or'._`t( 101GOL LARS $ Z FOR .l+�"'r e�-4+ _.LC. •.e'�+•GcjC.t_J�4G�b„"*� 'C ..? [l �J Otl �7.)_4:�j_. : i�dC...♦ � ��4•' s`n�.f..,✓- "TTI'T"_ �P/[/f �� �✓ "�-Y"M���. �J DAY-TIMERS RE -ORDER No. 3221 — Primed in USA BY .x iL- i a :< N. w August 21, 1989 COUNTY of FREDERICK Department of Planning and Development 703/665-56501 FAX 703 / 667-0370 Mr. Doug Toan Construction Management, Inc. 150 McGhee Road Winchester, Virginia 22601 Dear Mr. Toan: This letter is to confirm the Frederick County Planning Commission's action at their meeting of July 19, 1989: Approval of the Subdivision Plat of Canterbury Square, 20 lots on 3.8 acres, for 20 patio homes. This property is located on the east side of Canterbury Drive, 1000' south of intersection with Route 522 in the Gainesboro Magisterial District. County Engineer's comments must be satisfactarrily addressed prior to the subdivision receiving final approval. If you have any questions regarding your subdivision, please do not hesitate to call this office. Sincerely, lfi6. Kris C. Tierney Planning Deputy Director RCT/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 rr c'a COMMONWEALTH of V113C1NIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703 ) 984-4133 Fax - (703) 984-9761 July 26, 1991 Mr. Michael.L. Bryan, Partner North Frederick Realty Company 11 South Cameron Street Winchester, VA 22601 Dear Mr. Bryan: q-.,VL �uw WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Canterbury Square Subdivision Route 1318 Frederick County I am writing in regard to the stormwater detention pond in the above referenced development. As you have been previously advised an agreement between this Department and Frederick County to absolve us of maintenance or liability responsibilities of the structure will be required before Rugby Road can be added to the State's Secondary Road System. The last time we spoke you indicated you would like to have Rugby Road added soon after Westminister-Canterbury Drive is accepted. However, we cannot consider Rugby Road for addition until an executed agreement has been put to record. As developer, it is your responsibility to furnish the agreement. I have enclosed an example of such an agreement which you may use as a guideline. The normal processing time for these agreements is approximately three (3) months. Therefore, I would suggest action on your part be taken as soon as possible so the addition of Rugby Road will not be delayed. We will require two (2) originals of the document once they have been executed by the County. Should you have any questions concerning the above, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosure xc: Mr. Dwight W. Hawkins Mr. Robert W. Watkins SUBDIVISION CANTERBURY SQUARE zoned RP (Residential Performance) 20 lots (3.8 acres) LOCATION: East side of Westminster Canterbury Drive 1000' South of intersection with Rt. 522. MAGISTERIAL DISTRICT: Gainesboro ADJACENT LAND USE AND ZONING: Agricultural and vacant land use and B-2 (Business General) and, RP (Residential Performance) zoning. PROPOSED USE AND IMPROVEMENTS: 20 patio homes REVIEW EVALUATIONS: VA. Dept_ Transvortation - See attached letter. Sanitation Authority_ - Plans approved as submitted. Local Fire_Company - No objection. Parks and Recreation - Plans appear to have addressed the recreational needs of this development. Fire Marshall_ - Hydrant placement on this property is good. Inspections _Department - This request for subdivision approval shall comply to use group "R" Residential Section 309.0 of the BOCA Code. Other proposed uses shall be given at the time of plans review. Plannina and _"Zoning - The proposed patio home development conforms to the approved MDP. The plans however, do not show details of buffers and screening to be provided, details of a storm water management plan, amount of total open space provided, (27 % is required given one bonus point for recreation), also a statement that maximum impervious service per lot will not exceed 50% is required. In addition comments received from the County's engineer regarding Erosion and sedimentation control will need to be addressed prior to final approval. Staff Recommendation: Approval contingent on above comments being addressed. COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 LAND DISTURBING PERMIT For land disturbing activity at Canterbury Square - located on the east side of Westminster -Canterbury Drive; 1000' south of Rt. 522 intersection ISSUED TO: North Frederick Realty who has met all requirements of the Frederick County Erosion and Sedimentation Control Ordinance as certified by the Frederick County Department of Planning and Development. Approving Signature Date: NOTICE OF RIGHT TO INSPECT An agent of the Frederick County Department of Planning and Development shall be permitted entry to the site of the land disturbing activity to inspect the control measures shown in the approved plan. Signature of Applicant Date:S NOTE: Issuance of this permit does not constitute approval of the site plan. This permit is for land disturbance only. 9 Court Square - P.O. Box 601 - Winchester, Virginia - :.22601 AGREEMENT 'THIS AGREEMENT, made this 19th day of May , 19 no , rs; by and between North Frederick Realty party (parties) of the first part; and the COUNTY OF FREDERICK, VIRGINIA, party of the second part; WHEREAS, in consideration of the approval by the party of the second part of this Virginia land disturbance plan and permit known as Canterbury Sguare and the party of the second part requiring the following work to be completed during the land disturbance construction & before final occupancy, the party (parties) of the first part, his or its heirs and assigns agree to do the following work. 1. Provide for the adequate control of erosion and sedimentation by temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction, all conformity with the Virginia Erosion and Sediment Control Law, Title 21, Chapter 1, Article 6.1 of the Code of Virginia and local code laws. 2. To provide Erosion and Sediment Control as per site plan # -- In testimony whereof, the party of the first part has hereunto caused its corporate behalf, by M duly attested this agreement behalf. names and seals to be hereunto affixed, for and in its by maw.. � Vak MQ-t-r , and caus to be ackn wledged and delivered for and in its 70RAT;ON BY (SEAL) Attest: STATE OF VIRGINIA COUNTY OF FREDERICK I, -DiQk� K. Ga v't w/ , a Notary Public in and for the State and County aforesaid, do hereby certify that whose names are signed to the foregoing agreement, this day personally appeared before me in my State and County aforesaid and acknowledged the same. Given under my hand this astl� day of AA , 19�. -A/ NOTARY PUBLIC My Commission Expires 'Agreement -' Page 2 In testimony whereof, the party caused its body corporate names and in its behalf, by Kris C. Tj Deputy Planning Director , duly a t t e s t ea by A. Bray Cockerill its planner I, and caused this agreement to be acknowledged and delivered for and in its behalf by its -clannincr staff. of the second part has hereunto and seal to be hereunto affixed, for WITNESS THE FOLLOWING SIGNATURE AND SEAL: COUNTY OF FREDERICK, VIRGINIA BY s C. Ti%, ng:Director Frederick County epartment of Planning and Development (SEAL) Attest: GrZ%� A. Bray/Cockerill, Planner I l STATE OF VIRGINIA COUNTY- OF FREDERICK I , , a Notary Public in and for the State and County aforesaid, do hereby certify that this day er opa l appeared before me in my said County, (�� ,Q,UcCfd,�, of the Frederick C nt Depart en of Planning Development and y�Qa,1' of "the ..Frederick County Departme of Planning and Development, whose names are signed to the fM�� ng id hereunto annexed agreement dated f , and each then and there personally and seve lly ac nowledged the said agreement for and on behalf of the said County of Frederick, Virginia, and acknowledged that the seal thereto affixed is the true and genuine seal of the County of Frederick, Virginia. Given under my hand this jQW, day of , 1 My commission expires day of , 19 r�. MAWA.W1, 0 V REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS Frederick County Parks & Recreation Department ATTN: James Doran, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5678 The Frederick County Parks & Recreation Department is located on the second floor of the Frederick County Administration Building, 9 Court Square, Winchester, if you prefer to hand deliver this review form. S-r8-59 Applicant's name, address and phone number: �'E,�r c�.4 y E,ciGitiEE�2in/G �v�z ✓EY�nIG CO. , /Al !/O¢ ,�<I f��2 ��.vE", Gc%vc�ESTE2 , !/•4. �Z(o/o/ ��v�2-4/B5, Name of development and/or description of the request: Location: ZAST S �4E OF /�c�ESTM/�ljTE2 �Ll NTE2BCJ�Y Parks a Recreation Department Comments: Plan appears to have addressed the recreational needs of this development. Parks Signature and Date: 1��- �'� May 25, 1989 (NOTICE TO PARKS - PLEASE Rlj RN THIS FORM O THE APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your p - �pl ion form. REQUEST FOR SUBDIVISION COMMENTS City of Winchester, Virginia ATTN: Tim Youmans, Planning Director Rouss City Hall 15 N. Cameron $treet, Winchester, Virginia 22601 (703) 667-1815 The City of Winchester offices are located in Rouss City Hall at 15 North Cameron Street in Winchester, if you prefer to hand deliver this review form. 5- 18-8`7 Applicant's name, address and phone number: ��EEN Lkja y J 7,i C . 1404- 15AKEl2 L-• N46- 0 Lc1rNc+aESTEl2, ✓A. ZZro! 4�10-4-185) Name of development and/or description of the request: C A N "T'E lZTE�S> 2 t> A 2 67 Location: BAST S DE v F 1A./ESrM<<ys-rE2 (::!A TZBurz`( D2+ ✓E 1cJc,c - r -Scy-r l p+- S ZZ City of Winchester Comments: City Signature and Date: ✓ (NOTICE TO CITY - PLEASE RETURN THIS FOPM TP THE APPLICANT. NOTICE TO APPLIg,8NV It is your responsibility to complete this form as possible in order to assist the agency with their also attach a copy of your plans and/or applic" D I L! I � f I accurately as review. Please REQUEST FOR SUBDIVISION COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you prefer to hand deliver this review form. S-16-89 Applicant's name, address and phone number: rrz�E,��,�/A� E�yG�.yEE�inlG Sye✓E}���v� moo., ivC. 84AGe2 G,4N�, �iyc.�E5TE,2 , 144. 2Z60/ 6a'2-'W85L Name of development and/or description of the request: Location: EA�sT S� Q� of Gt/EsTi�lic/SrE.e ���v rE2B v2 y ne, v'E 22U77 5ZZ Inspections Deft Comments: A /I /v f� U .� P- C r n , y ,0 �? u , S i7Lf 11j rY t� r � 9J, -7 'X n " �, �/>J� ,� ' "5, cL // O/e_ r v �i ��i �'7� a ec i s {^eve'e Inspect. Signature & Date: (NOTICE TO INSPECTIONS - F NOTICE It is your responsibility to possible in order to ass please attach a copy of q'O A PT.TrAN4' complete this form iei tic as accurately as r review. Also, s= (��MyD g101112���Q MAY 1989 ECEIVED T. OF PLANNIRE UEST FOR SUBDIVISION COMMENTS DEVELOPMENTG� Frederick County Sanitation Authority ATM Wellington Jones, Engineer/Director P.O. Box 618, Winchester, Virginia 22601 (703) 065-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: �'�EE.vu/•4 Si ENG iiy.P�it/GIF SveyEyi�✓G, co Name of development and/or description of the request: Location: �A,ST ��t� o� Gc1E�sTi�l�ic/s7-E� C�7�c./z-E.2�J2y .D�? Sanitation .Authority Comments: RROVF i Sanit . Signature & Date: '74 t d' (NOTICE TO SANITATION E RETURN THIS FORM TO APPL CANT. NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach TWO copies of your plans and/or application form. Greenway. Engineering e Surveying Co., Inc. 1104 901W LOW • Wing, VkWio • 22d01. 70.$,462.4185 H. Brow Edam • C.L.S. • ProkjW G E.t/lL EMEA/ WE A.C.' E �ErrER �r 1rt11-16i z .SEit/O/�t./G YOU T.yE ATTACi/EO A'�'/�/T.S Co//CS OA'r C &0. OESGd'//T/OAl a /Z. THESE Axe TeAA/SM/TTEO AS L'NEC�EO 06'40W ❑ Fae ARAZOV.441 CQR/ES fO.e APF.E'OKw1 ❑ FO,Q YOU,C USE C7 SUBM/TTEU GOA'/ES lwx O/STie/BU7/O.V ❑ AS xc4m suv ❑ ze'TU.e.4IEO cazeernw ReMA/T.S ❑ /'O,ir xeyle& � COMWA/l ❑ ZEe2.�S T A/o 2-6 • A T' -r%.�E o� �i2EGi�..�/.e�2T wit/ ,4,ope d,4G /L�D.G9vT ��.4Cc—i+,cr.CiT OJy s/6A/ED : ( '10�/_' ,I ?!ti 121 .1'4s, IDEPp pEVf�OPM�Nj ,l'> Greenway Engineeri. ,, j &,,Surveying Co., h. . 1104 Baker lane • Winchester, Virginio • 22601 • 703.662-4185 H. Bruce Edens • C.L.S. • President 4 ij f JUL 2 5 ON U GATE./Z5/$9 I -A16 AO. t 66-AffL EN1CAl WE ACC ,SCA1.01 J6 YOU T//E 477,4C1-/ED RC/A/TS COP/CS OATC NO. 0ESCoe/P7'/OA.1 3 C:::�'Q-.A✓ �c lZ 1 fa � , 7;LICSE Ax6* ;re,41t/5M/7'7EO AS Cl-/EC-eED 6EL0`V ❑ FOZ 4,p),PO{,4L ❑ xesoeM/TTEO COP/ES 1a-e .4F�.1'Ov.4L ❑ Fax rOU,e USE ❑ SUBM/TTEU COf'/ES FO.P D/ST,e/BUT/ON ❑ AS ,QEQUESTEO 0 ,C'E>U.e�/ED CO.e eE�'TED PAL'/.t/7S xclvm r es C Tz S O Dates 11-1541:�...4-, ,1983°9..w..w Applicatiou # Applicant,(A�ent s G�EE�c/k/.4` �'•�/G�.c�EE�/�c/� Address: //04 8•�.�E!z GAME Phone: ado, z - 4/85 . Owners name:'.; /L/02 T"f �,1OEQlG`/c' .�c�•4GT5� Address: // SovT"N C ME�c'o c/ S77 OPIP W. Phone: r+�G �TVf "rr •, i Please, list noes of all, awWq principals f uud/or majority stockholders Est/✓.4M�.C/ B�/T 2 CNgEG ASfy4AI �TEGNE•c/ z�C/TL,5,e zDou6 TOQ.c./ Property Z Qc&V4oA s �Z, /G�Y1' San"/ vF �.clrE,eSECTfv�-� .2av�-E 522 , (Give statilOit 0 #, diata4CQ saad d �aat� Qn' rya intersection ) MaCjl$te�lal A .BtriC M t G4 I' A./g 7 aO0/ r Tax ID Number (21 digit) -0450 -06v-q - azz''-D • Pl#LIDI Pam' ' • ' The prO114 "ry plat constatw., of a ': ,c GUOAsive View of the subdivision ehowiag all lots, roadsl,;u�ties, etc. on a single sheets drawn to 4 scale s,tie#actory to t ,County, and is to , 4ccompan4,o4 ,,Oyr 1% s.,Q�pplete _#s, t.: Q 4 t as►d; .. truot�on pleas . x title " reliu4i._ r.. ,.x• N P,on -WM na►zy final plat for Ksignature space. ,for the,;,oniAg alnisfirator pages numbered , and totalof . pagee4 on each page names of s x,. owner (e) , subdivi der „, , surveyor roads towns landmarks vicinity map of scale A0U, 0,aa7V< mw Ilach equals two thousand feet , X date of drawing .4. north point ..X— topography ,.ZS., scale g boundary survey Zcpagisterial district zoning and use of subject, and all adjoining property # of lotei surveyed boundaries and ,,arA��, 4# all Iota x enginQer .or surveyor c*VtificatioA ,,,.X_ existing'ox proposed ulti�itiea or other easements ,.Y� any cOMloA QPen space public use �c , stream$ water courses. x drawing®easemetit , ..lnaga #.acilitier�. with design details and calcglat4ons X existinq, ' A,d pxoposed Sewer and wad ;#�,cillties with deSIVA details locatiQAA of Street$ t�* ,- : w, t�h cross section W1 street 044 4ainage f4,Qiuty grades #hgwJag elevations existing - and proposed, O" all a ft " a and :at points of major ,gsRde og any relevant flood infoxwatiga 3.aclWUAj, ' but not limited to t one hundred • year ;E,lood ,RU" J'4elon pxptection facilltie8 ,,.,. environWanta�... �eaturae • . � ��� ' Apr" ��.u�►��) , . , , ,Y ri i LD-26L-,-- Rev. 3-83 U Project i� N TI2 iz B o m Y SQ Plan Sheet No. Designer Rev Date Date Sheet of HYDROLOGICAL DATA: D.A.= AC. _ _ AHW Controls STATION: 100yr. Flood plain elev. Design AH W depth elev. Structures elev. freq. TWelev. N T R. 7-0 _ W F'S rm I N`CX4NT. DR _ Shoulder? elev. elev. Skew 'Cover ? q Inv. El. So = �io znv.. Orig.GcElev..? L= ? Orig.Gr.Elev. - - - - - -- - - - -- -- - - L - - -- -- -- - - - -- -- - - - -- - A tr r-- D - - - -- -- - - - - - - - - - - - -- - - - - - DISCHARGES USED 0-2 L 3 CFS 0-2 CFS Q — = CFS Q — = CFS Q = CFS RISK ASSESSMENT ADT Detours Available Length Overtopping Stage Flood Plain Management Criteria and Significant Impact � 3A'�26t S �NGIE GUl V _ ULVERTTYPEaSIZE Q Q HEADWATER COMPUTATIONS CONT. HW. ELEV. OUTLET VELOCITY End Treat. COMMENTS INLETCONT. OUTLET CONTROL HW/D I HW Kt_ do ' ho H LSo HW C.M. Smooth IS" cn�_F:1 I-3 I.3 .�I q I-E H erpi v W ATc- r- LEVEL 5 1 C- s 5 T/-/,At/,/ T/%,E D' Aw S In�ce /T- i s ) NJ C> cAtt%i7 aY P07s16t--JF , T��-F P/PG U4RReL Can, r FLw &. )17- + GrvFr�, 'SLor'C o4N7 (7- iS A SSvr 0r_> THAT- j H� lf6C1C'lir"G 7(rCH IS Ar AN ADEQvpre 5wpe .4ivr> wor+T SUMMARY RECOMMENDATIONS NUN b)4.1-F. Trfs V1ChFa2(ea 'PIS - -r/fe_ Design Flood Exceed. Prob. E bv. Overtop FloodExceed.Prob._ Elev. Base Flood 1%Exceed. Prob.—_ Elev.- 15 A ssu wiGr> rJo-r- T-ti 6CI—)-r-R 0L OCHART 2 ISO — 10,000 168 8,000 EXAMPLE 156 6,000 D•36 inches (3.0 feet) 6. (2) 5,000 0.66 cfe ()) 144 4,000 "IN* "IN5. S. 132 � 3,000 0 (foot) s. 6. 120 2,000 (2) 2.1 6.3 5• < (3) 2.2 6.6 4' 14. 108 n n 3. 0 in feet a 96 1,000 3. � 800 84 m 600 2. 500 400 -- 2. 72 W UJ 300 / 3 I.S z 60 V 200 �/ ? Z ¢ / W 54 a r W w 100 / Q W 48 ¢ 80 O � Q 0 V to 1.0 42 O S0 0 40 36 30 Hw ENTRANCE SCALE ¢ W p TYPE W r a 33 20 Q 30 (2) Mitered to conform Q 7 to slope = p 27 10 ( Projaeting a 7 a p e = 24 � 6 H S To use scale (2) or (3) Project 21 4 horizontally to scale (1), then .6 use straight inclined line through 3 0 and 0 scoles, or reverse as 18 illosfrafad. 2 2. 1.5 i-- 1.5 .s L1.0 s 12 1 HEADWATER DEPTH FOR C. M. PIPE CULVERTS BUREAU OF PUBIICROAOS JAN. 1963 WITH INLET CONTROL C i� 182 d STORMWATER DETENTION BASIN CANTERBURY SQUARE Predevelopment Post Development A = 3.9 Ac. A = 3.9 Ac. a = 117.7 a = 117.7 b = 19.1 b = 19.1 i = 5.75 (2 yr.) tc = 5 min. c = 0.2 c = 0.6 q 0= ciA = 0.2 x 5.75 x 3.9 = 4.5 cfs tc Tc = 2 cAa (b- -) - b = 2 x 0.6 x 3.9 x 117.7 (19.1 -5/4) - 19.1 qo 4.5 Tc = fT185 - 19.1 = 27.6 a 117.7 I = b + tc = 19.1+27.6 = 2.5 in/hr Qo = CIA = 0.6 x 2.5 x 3.9 = 5.85 q T Qotc o_c 3q T o c V = QoTc + 4 - 2 - T 60 V 5.85 x = 5.85 x 27.6 + 4 5 4.5 x 27.6 - 2 -4 3 x 4.5 x 5x5 60 V = E161.46 + 7.31 - 62.1 - 16.88 ] 60 = 5387 ft3 (required storage) 12" pvc @1.6% = 4.5 cfs FINAL SUBDIVISION PLATS CANTERBURY SQUARE GAINE5BORO DISTRICT, FREDERICK COUNTY, VIRGINIA APPGE LOCATION MAP 37 ieOv>E Gr E G 0 r C-o�, _ APPROVED BY: PLANNING COMMISSION - DATE 5UBDIVI5ION ADMINISTRATOR -- DATE FREDERICK CO. SAKlITATION UTH. _ DATE /V-X-,OV VA. DEPT. OF TRANSPORTATION DATE/6 ALL PROPERTY OWNERS IN CANTERBURY SQUARE ARE REQUIRED TO BELONG TO THE CANTERBURY SQUARE HOME OWNER'S ASSOCIATION. THE ASSOCIATION IS THE OWNER OF ALL AREAS SHOWN A5 COMMON AREAS AND THE PRIVATE RIGHT OF WAY ON THE ATTACHED PLATS AND I5 RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS. ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRIC- TIONS AND COVcNANTS ATTACHED HERETO. A COPY OF THE FINAL MASTER DEVEL- OPMENT PLAN FOP CANTERBURY SQUARE IS ON FILE AT THE FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT. OWNER'S CERTIFICATE _ THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF NORTH FREDERICK REALTY, A VIRGINIA PARTNERSHIP AS APPEARS IN THE ACCOMPANYING PLATS IS WITH THE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNE , PROPRI 0 S, TRUSTEES, IF ANY. Ad SATE A. DATE SURVEYOR'S CERTIFICATE I HEREBY CERT FY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS ALL THE LAND CONVEYED TO NORTH FREDEF�T�K REALTY, A VIRGINIA PARTNERSHIP DATED OCOTOBER 2,19B9 AND RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK AT PAGE :;�� ',4� H. B_ROCE L.S.B. AREA SUMMARY APe/L /3, /989 i'OTAL AREA = 3.B79 ACRES AREA IN LOTS = 1 . 90 ACRES ,AREA IN VDOT R/W = 0.71 ACRESAREA IN PRIVATE R/W = 0.14 ACRESAREAIN COMMON AREA - 1.13 ACRES rRUCE a CGreenway Engineering &,Surveying Co., Inc. "�1� 4 r°4 SURV e`.O 1104 Baker Lane • Winchester, Virginia • 22601. 703-662-4185 + H. Bruce Edens • President SHEET / of 8 CURVE DATA NO. DELTA RADIUS ARC TANGENT CHORD 1 0601 6 11 6" 1 61 5 . 97' 1 99. 82' 1 00.01 , N1 2"53' 49"E-1 99. 72' 2 90012139" 50.00' 78.72' 50.18' 56003B'19"W-70.64' 3 85010140" 50.00' 74.33' 45.96' 531040103"E-67.67' 4 9204B'07" 25.00' 40.49' 26.25' N27051119"W-36.21' 5 9204B'07" 50.00' BO.98' 52.51' 527051119"E-72.42' 6 9204B' 07" 75.00' 1 21 .4B' 78.76' 527°51 '1 9"E-1 08.63' 7 67030102" 20.00' 30.54' 19.15' N62017155"E-27.66' B 92029149" 20.00' 32.29' 20.B9' N27042110"W-26.69' 9 87030' 11 " 20.00' 30.54' 1 9.1 5' N6201 7' 51 "E-27.66' 10 92029149" 20.00' 32.29' 20.B9' N27042110"W-26.90' 11 53007147" 50.CO' 46.36' 25.00' N10030158"W-44.72' cci,z ✓E- oA rA C,41V TCZA5 0/ 0 >"" `S Q U14zCE SCALE: ti /,9 DATE /3 9 Greenway Engineering &Surveying Co., Inc. 1104 Baker Lane • Winchester, Virginia • 226010 703-662-4185 H. Bruce Edens • President 5 H. BRUCE EDENS a No. 162 B r . 9�, r0.#�%. SURV'�!, "e SHEET 2 of B Y, W,4-5 7-IVIA.1.5 TES - C,4 Al 60 / �"2 7-30 S) I-- ,4-1 00 . , yr 541. N N N) 70 00' 80- .0 4)200 10 �J'43 15 04434 "w 70. 0j C 0 C41V7'6-,e3U,eY' S(V614RE L_SCALE: DATE: .4/;;:e1,1 13, 15)e GREENWAY ENGINEERING AND SURVEYING CO., INC WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 6 �xl Nip, Q H. BRUCE EDENS > No. 162 B SHEET -5 of 8 I I Q I I-x4 0. /G kU 73 5 7' Og' IN , � OWN N ¢, �y! O z0of NI� 00 O 5 73� 57 0 4z 0 �� hN ACCESS ~ °I`)I C/73°STOP"I!'V d '1110 -- . Nj 4o�,P/�, o 07 o o' 7-35 7_ O 0 y4' 0 7B• � o 14 N: F N) o � G g. 9z o Iti73057 og` "V - 73. 00 zoo- I 3,a9s�IN �I ro �q\ (ESMr�rP� o � 00 � N q O •\SI CA _ 00 o- G -5z.�N conilo.t Ate. A �Z� r �8 F/,c/4L SUBD/11/S10AI �CW7- CAAV7Z-ReuU,eY .5417I./AR6- 6A/1-/E,580,20 5)/-57-,2/CT 1:5 ' Q Q F e EOE'z / c C SCALE: /" = 30' 1 DATE : AP,2/C /3, GREENWAY ENGINEERING AND SURVEYING CO.. INC WINCHESTER, VIRGINIA 22601 0 TELEPHONE 662-4186 r 5 H. BRUCE EDENS No. 162 B SHEET 4 of 5 I 0 0 h A/ 7/00_7'1!5 J-/ 6 g. cc0" Q� ------- W O � Q C� I 57/0 Z7' �5„� o , ILI75 v � O V1 QE � h N � zs' ' A-oeE.q I ,1-5 T w, C" 4 T E,C \ d• O ETE.t/T/O.V ESMT. �4 � � F/�t/AL SUBD/l//S/O�t/ GCAT-S c4AvrCROURY 6A/1t/ES2502 0 O/_ST;e/CT" arl SCALE : 1 DATE Ao,e/L /3 , GREENWAY ENGINEERING AND SURVEYING CO., INC. WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 '�' 101 � I A Dv OACCESS m 73°5� "Og 7V o /Z /. 7/ -_-.-_-__-_—.- N � doe/DATE �40' n ��/W 0 ro � I 0 I EpLTH 0 ,D ire • H. BRUCE EDENS a No. 162 B 44, • SURVE`�0 SHEET 5 of c� X .5 71- z 7,15 C-7 .l bAl kN' N N., 1 GWIIV6:5,5 O1,57;IFICI` - V1,e&1,'_114 SCALE: / -3 a' I DATE: 4RZIL /-5, /000 GREENWAY ENGINEERING AND SURVEYING CO.. INC, WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 O 00' 0 Z 4�ExLTH AF c"• 4 4 H. BRUCE EDENS >I 4 No. 162 BI slmvi. SHEET 6 -of 6 .... j.... .... ��7EX/ST/G ZO " UT/G/Ty EASEMENT Co"MoAl \ - � \ a ro��vE�vAy E s by 6. 9Z /L/ 7--3' S 7' O g !'V - /ZO. D 9' I " COA1 'A-/01-/ Al2EA -- 00 I, 0 N I mo ll N O I I/Ve/°OZOo "E I N 0 ro A C C6"5-5 B -7 /I e 9' IP ' 1 � I 17 I '. o �'I 5�r, zoos I N h N Vj 7g 90 • � 5�. 50 ' �` 5 7 3' S- 7' O g E : 75 5 7'0 " E I I -- f/.C/�1C SUC3O/Y/_516 / PC 9T C4 AJ7E"ZA344 Y 50,6JA ,6- GPI SCALE : / " = 30 ' DATE :,4Re/G GREENWAY ENGINEERING AND SURVEYING CO., INC. WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 �1rXLT11 64C ci H. BRUCE EDENS a No. 162 6 SHEET 7 of 8 i 1 1 61 N D OQ4iNAG C O- Q W N o \ 1 1 ,4leC,4 �1 I 11YA T 6- e ' DCTC,vTio,C/ CA_5EMCA, - O o I � 1� / /p LA,(/OS�AP/iUG SEX/S 7'/�G ZO UT/GEA SE�E� •- I- E 1'/s T G /O ' UT/L / T y EA S E MEN/ T /AC S&/5 D/V/S/OXV rcuc3H. [,TCE EDENSSCALE:/" = 30' DATE AP.2/L /3, /98�. 1626 tAol�\ GREENWAY ENGINEERING AND SURVEYING CO., INC.�9 ' WINCHESTER, VIRGINIA 22601 �� � SURVE��4 TELEPHONE 662-41E6 SHEET 8 of -%47 E OCT - 6 mg �i , FINAL SUBDIVISION PLATS CANTERBURY SQUARE GAINESBORO DISTRICT, FREDERICK COUNTY, VIRGINIA APPGE LOCATION MAP p \ 4, Q' 'Y G rC Z GEfJ 0 APPROVED BY: PLANNING COMMISSION DATE IZI SUBDIVISION ADMINISTRATOR J DATE FREDERICK CO. SANITATION UTH DATE VA. DEPT. OF TRAN5PORTATION DATE/6 ¢ 8i ALL PROPERTY OWNERS IN CANTERBURY SQUARE ARE REQUIRED TO BELONG TO THE CANTERBURY SQUARE HOME OWNER'S ASSOCIATION. THE ASSOCIATION IS THE OWNER OF ALL AREAS SHOWN AS COMMON AREAS AND THE PRIVATE RIGHT OF WAY ON THE ATTACHED PLATS AND IS RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS. ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RE5TRIC- TIUNS AND COVENANTS ATTACHED HERETO. A COPY OF THE FINAL MASTER DEVEL- OPMENT PLAN FOP CANTERBURY SQUARE IS ON FILE AT THE FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT. OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF NORTH FREDERICK REALTY, A VIRGINIA PARTNERSHIP AS APPEARS IN THE ACCOMPANYING PLATS IS WITH THE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED WNNE�RS P OP IE,Zl AND TRUSTEES, IF ANY. //JJ�i4UJ66��VV DATE DATE SURVEYOR'5 CERTIFICATE I HEREBY CERTIFY THAT THE LAf`'D CONTAINED IN THIS SUBDIVISION IS ALL THE LAND CONVEYED TO NORTH FREDEOTCK REALTY, A VIRGINIA PARTNERSHIP DATED OCOTOBER 2,1969 AND RECORDED AMONG IHE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK AT PAGE H. BRUCE EDENS, L.S.B. AREA SUMMARY i-OTAL AREA = 3.879 ACRES AREA IN LOTS = 1 . 90 ACRES AREA IN VDOT R/W = C.71 ACRES ZAREA IN PRIVATE R/W 0.14 ACRES AREA IN COMMON AREA - 1,13 ACRES rBRUCE Greenway Engineering & ,Surveying Co., ¢ Inc. ' ��� SURV ,, 1104 Baker Lone* Winchester, Virginia a 22601. 703-662-4185 -o H. Bruce Edens 0 President SHEET / of 5 CURVE DATA NO. DELTA RADIUS ARC TANGENT CHORD 1 0601B'16" 1815.97' 199.62' 100.01, N12053149"E-199.72' 2 9001 2' 39" 50.00' 7B.72' 50.1 B' 56003B'1 9"W-70.84' 3 85010140" 50.00' 74.33' 45.96' 531040103"E-67.67' 4 9204B' 07" 25.00' 40.49' 26.25' N27051 '1 9"W-36.21 ' 5 92046107" 50.00' BO.98' 52.51' 527051119"E-72.42' 6 92046107" 75.00' 121.461 78.76' 527051119"E-10B.63' 7 B7030102" 20.00' 30.54' 19.15' N62017155"E-27.66' 8 92029149" 20.00' 32.29' 20.B9' N27042110"W-2B.B9' 9 B7030' 11 " 20.00' 30.54' 1 9.1 5' N6201 7' 51 "E-27.66' 10 92029149" 20.00' 32.29' 20.B9' N27042110"W-2B.90' 11 53007147" 50.CO' 46.36' 25.00' N10030158"W-44.72' CU/Z V6- OA TA C141vrClee �/z y `s QL1114le E GA/ v� s a o Leo O/s7-.2 /Cr - Co, SCALE: /-/ /,4 1 DATE: Ao,2/L /3 , / f�'89 Greenway `engineering & Surveying Co., Inc. 1104 Baker Lane • Winchester, Virginia* 226010 703-662-4185 H. Bruce Edens • President �S xLTU o;" * r • 5 H. BRUCE EDENS No. 162 B 4 SHEET 2 of B /AJ-57T9 - C,4NrCe�ve 8Z -� A4 3-130 p� s- I EASENIE.0 r . " I � EX. /5' C!>/GiTY OI O�O a• 57.9.3' -- P � � �o • io � a � � N �O 9 o� 05,5 0 W N i N o N I O g, z00i 0 �u l- - L 5_ /V/5°44'34"E 70-00" O �0./0 v � o o � I 0 �, h 4, 2100 agkNAG S /5 °44 34 " W 70. \ -- ,' \'O\ T0,2 j wATE,e OETEAITI0Al E, _5Cl /E.t/T F/it/AL SUMO////.S/O.t/ PLAT C44,17Ce3 UR y SO 61,4R E - 1'_,PEOE2/C/< SCALE: / " = 30 ' DATE: A/�e/L /3, GREENWAY ENGINEERING AND SURVEYING CO., INC. WINCHESTER, VIRGINIA 22601 0 TELEPHONE 662-4186 2" C-) H. BRUCE EDENS No. 162 B r � '�.:SURVE SHEET 3 of 8 I 1 73 ° 5 71 0 g " l�l/ ;; I--�3-5 7, p 4 Z INvI 7� �O10 Q� r,j �W A ti NI g ZOOf �j -- Q o o p � 0 ACC6"5-5 �I " M Al O o' A/73° 57_O4Z ;/may Q p, 064 ' 0 79. �/' �2� � V /3 O N L 9Z' Iti73°57og "`V - 73.OQ' N ' NI Ih ems, ZOO1 3,895j �I � IN N3 IS"7.— � � o i 7s. 0 0 ' , o° G �. 9Z' h -- ° o O s Q9 C O iVl M5Q A - 78'ZOe 4j F►'I gr 0 f90,40 ,50 -- 35 '�i/c%y4� s�QB/o///�yis/o.v �/�/ate C CH N / �Re614 .. Y �QUA�G rBRUCE GA/.VESBO eo O/ST,e/CT SCALE: /" = 30' DATE :,A/.e/C /3, /�8�GREENWAY ENGINEERING AND SURVEYING CO., INC.s S URV WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 SHEET 4 Of 8 Q� o S' 7/0 Z 7' -55-6" W h v 57/0 V ^, N 75 `v N i - ,S T evv,4 T E.le I d",OETEtiT/O�c/ ESMT.�,4/ � F/�t/r9L SUBD/41/S/01(/ 4C47:5 C, A17-6- eBuey sQ 614EoC GA/�t/ES B 02 O D 1-5 T;e / C7" FeE0E2 / C COl/1(/T Y , )//.eG/,C//A ° ro vl 16 1 � Ot Q I � N — I. Q\ N p N I i o Dv A � �9 I A CC ESS ON q1 I A 7�°5G'O-7"//Y o /Z/. 7/ N N SCALE: / ' _ -30SCALE /1�ATE _.ao,e/� /3 / 969= .4P e/C /3 GREENWAY ENGINEERING AND SURVEYING CO., INC. WINCHESTER, VIRGINIA 22601 0 TELEPHONE 662-4186 ��a40" ti° �� I IN I O V I �--- ��EpLTff 0' Al H. BRUCE EDENS a No. 162 B SHEET 5 of 8 A 1-17 17 EX -5 7 00' / - Z, -�z 5 7, f\ --F- -- -- zj F, e 0 Q) 0 0-:5r � ION O Q -cill zoo N) try':�; Li Z. 5z 0 Z.'-' r5 710 2' , 7'15 CO -3 -5- 6- --I':- -? -7 / - -- -"- - /� " '-- * 4-'C,4 7- 1 17Z). 4N 541. N" Q� aa' C4AJ7-C1eA5&)e)` 50614RC z -5, 00 " IN SCALE: DATE: 4,02I6 13, 10eD GREENWAY ENGINEERING AND SURVEYING CO., INC. WINCHESTER, VIRGINIA 22601 0 TELEPHONE 662-4186 w O ku N IN) a '4v O00 QI I ;:._ u H. BRUCE EDENS No. 162 B SHEET 6 of <5 lqw ri7EX/ST/t./G ZO U7'/G/Ty EASEME�/Y 01 I � 73'56' 57'"�'Y 069.99 v —i //Co 00 ' Z CO"MOAI �o y CO/l!1/1ilO�/ i 7/. g/' 5 50, 1 Q 'Z 5.00 1 ll 4, ZOO¢ 68. 44 ' .vzi°oz oo E 0./5 A C CC5'S cJ g"----- N� d � NJ Q0 I VIM 73 5 7 0 17, A-V lQ' � 5� 50 �. IV 73' S 7 0 f" !N zoof N R I� 17 W 41 N '� � N 0 M \� O 0 z5' S 7 3' S 7" O '- E 7-5- 5 7'0 �" i5` 5' �Z5• I � I i/.C/AC SUl3O/Y/S/O,C/ PCAT �t./TEt CAe'BL,ey '50Q IAR6- C,4 //V (!F 5B 0,e0 D/.ST,e/CT SCALE : / " = 30 ' DATE :,4"16 /3, /99D ft\ GREENWAY ENGINEERING AND SURVEYING CO., INC WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 -%47 XLTN pn�lti c.) H. BRUCE EDENS >i No. 162 B SHEET 7 of & rs N 11) ro V)I M G Q I I Izz 0 � Q I 0 � 0 86 - - o O _ COD COOk/ o s J AeC,4 - - �� S TO le" 4leEA 0 -- �1 I .' /NA T E,e o /O LA,UDSCAP/i(/G t-- -- — ---- — — /p' i 99.3 7 5 3 7 � Q � 71' Z7,/5 4V N EASEM 7/ SEX/-5 7-//C/6 ZO Ur/G/ Yy EASE�t/!E,</T -- I — E.t'/,S 7-1AJ G /O ' UT/C / T y EASE MEN/ T F/A /4C SUB DI V�//S/OXI PZ47- ALTN O,c,`f•Q (54/XI,5150OZO o/ST.e/Ci = F2EOE•2/C� C06IX17) , !11'CMG/C//�1 H. BRUCE EDENS a SCALE: /" _ _30' DATE: 4/2,e /3,No. 1626 GREENWAY ENGINEERING AND SURVEYING CO., INC.:9 StrRvE-t WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 SHEET 6 of pp- P-. pgg IMF api L\ll 4.4%t ..4 •"• BK727?G76J '• ' FINAL SUBDIVISION PLATS CANTERBURY.SQUARE GAINESBORO DISTRICT, FREDERICK COUNTY, VIRGINIA LOCATION MAP V � r� a� G` ♦/ `Oyu ..s.�T+t � It PPROVE--D//BY : PLANNING COMMISSION vl�o�- DATE SUBDIVISION ADMINISTRATOR DATE 10/6/89 FREDERICK CO. SANITATIO AU DATE le-�ie9� _ VA. DEPT. OF TRANSPORTATIO DATE��.�_ ALL PROPERTY OWNERS IN CANTERBURY SQUARE ARE REQUIRED TO BELONG TO THE CANTERBURY SQUARE HOME OWNER'S ASSOCIATION. THE ASSOCIATION IS THE OWNER OF ALL AREAS SHOWN AS COMMON AREAS AND THE PRIVATE RIGHT OF WAY ON THE ATTACHED PLATS AND IS RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS. ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRIC- TIONS AND COVENANTS ATTACHED HERETO. A COPY OF THE FINAL MASTER DEVEL- OPMENT PLAN FOR CANTERBURY SQUARE IS ON FILE AT THE FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT. OWNER'S CERTIFICATE T THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF NORTH FREDERICK REALTY, A VIRGINIA PARTNERSHIP AS 'APPEARS IN THE ACCOMPANYING PLATS IS WITH THE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OW ER 0 RI , TRUSTEES, IF ANY. 0 A2. TE(f� DATE T URV YOR S CERTIFICATE HEREBY CERTIF THAT THE LAUD CONTAINED IN THIS SUBDIVISION IS ALL -THE LAND CONVEYED TO NORTH FP.EDE^ICK REALTY, A VIRGINIA PARTNERSHIP DATED OCOTOBER 2,1969 AND RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK AT PAGE H. BRU� EN�.S.B. AREA SUMMARY A.oe�L �'�• ��89 TOTAL AREA = 3.679 ACRES AREA IN LOTS = 1.90 ACRES �p,AI'l�Ort►y AREA IN VDOT R/W = 0.71 ACRES AREA IN PRIVATE R/W = 0.14 ACRES 1.13 GsZ AREA IN COMMON AREA - ACRES op V N.6RUCE EDEM No.1628 Greenway Engineering & Surveying Co., Inc. URY� 1104 Bdw Lam* Winthostsr. VkgWot 22601.703-662-4105 K BrwA Edm • President SHEET / of 6 Z 0 tA hl oxtzIPGI � C4 i tiV h �•!�4. G 40. ap V 1 -- I�a-- Q�' E4SE.yENT ni P c '� -v � lOMMO WA TE.e ago I J. /O ' 441!/OSCAP1A/G E4SEti1 al T 1147t` r 99.37' c/ric�rr EASE,�.�E,vr Alr I FINAL SUBD/Y/5/OA1 PLA C,4A1;r6',,6 ueY JQC/AeC GA/,l/ES,60,CO D/.97.e/C7_= f,2E0EZ/CZ COe1Z7Y,,/1eGlt/I,4 DATE = AO,e/c 13, /989 GREENWAY ENGINEERING AND SURVEYING CO, INC. W 14CHESTEK VIAL NIA ZMI TFLFPNONE 6824106 N. BiW EK14 No. 162a SHEET 8 of 6 i BKl27PG(b3 CURVE DATA NO. DELTA RADIUS ARC 1 06018116" 1815.971 199.821 2 90012139" 50.00' 78.720 3 85019140" 50.001 74.33' 4 920481070 25.00' 40.49' 5 92048107" 50.00' 80.98, 6 92048107" 75.00' 121.481 7 87030102" 20.00' 30.54' 8 92029/490 20.00' 32.29' 9 87030/110 20.001 30.54' 10 92029/490 20.00' 32.291 11 53007147" 50.00' 46.36' TANGENT CHORD 100.011. N12053149"E-199.72' 50.18, 560038119"W-70.84' 45.96' S31040103"E-67.67' 26.25' N27051119"W-36.21' 52.511 527051119"E-72.42' 78.76' 527051119"E-108.63' 19.15' N62017155"E-27.66' 20.89' N27042110"W-28.89' 19.15, N62017151"E-27.66' 20.09' N27042110"W-28.90' 25.001 N10030158"W-44.72' 644e ✓E' DATA CAwTCoeB 6- 6.4/.t/E.3'.BO.PO Iols"IcrCO, SCALE I N 1.4 DATE a 47.2/4 /3 , /Fa Greenway Engineering & Surveying Co., Inc. 1104 Ba1ar Lowe WWbostor, Va9Wa"22601.703-662-4185 H. Mct Edens President IL MCE Pas Na fait ! ..... c , ..., v 'v - 1NEsrAoof1 ,15;T Z CAit/7'Ejee .__ A — \�O Oho 57.93' 055f I p I o N ti � •Q 1 � p I "1 tu �l//�i'49:34'E-5T93' h I • ion � � � � � � --.•oeivEwar ti 0 k oo N %S'Q4 �34 "E 70. al0 ' O % 6 0. ' gib' A �o vO �` !� ��, 4, zab -� o h A N prtAll✓�� �•�g�— 615W 34"W TO.Civ- 6s A' � �,.1ie ' c.rivos�.o.�iva E,�.��•nie•.vr-� ..�,. TO.e r1/i4TEQ DETE�I/T/Oit/ EASEME4/T... _ _ _ _� I I-IA14L .5!/,6O/N/.7 /OAI 06.0 cA,vrE,eeue � sQ�,�,eE Cr,41A/E.5a 0,eo o%Sr eICr - F,PEDE.2/G'.- SCALE / '- .30' DATE s .4P.e/L /3, /,!lotB� GREEKWAY ENGINEERING AND SURVEYING CO, X WCMUK M"4" so."t" �y t� ►.l, 10 c� • N. BRUCE EDE�iS � wnl678 ; SHEET .S o1 8 t IF �• Z VAL �.4v, OC vh h IF, zoos• 1 4 Qa ��• ' 7g �� • ti 1�1 •� Access A ~ g• `� , ;• , `• �' - I 'V�� -wQT•II 7.5 07' Oar/'V N N 49, zoo s•CP 00, Ito eo 13 'gyp' • .9 74• /5" ZG "E - /50.35' $ Q -11A,/4L .SU25OIY/•1/0.V ACW7- C*441. e� 4S4.1RY .SQI./A�E" e14 Ale:saaeo l�rCS'T,e/CT CATI # G1M RI JIUQ SURMWG C04 MC. ' Ya AL • I ji I � I N�rrtr•/5"I'V � of �. ' } '• , 7/•L7'/o"E W h 3 wl IN p u p wl '414_6o• ! ZA l CJ.cIY. �s AI Z" W,4 iEre F/NAG SU54/J//.51OA1 iZ14r-5 6A/A/E11AOOZ o O/.1r,2Yci" ` E'OC/•(/TY, !//,QG/.(//A SCALE, /" ,3O • DATE l.4 e/G /.3 • C GRE�IWAY. E GIREERING ANO SURVEYING CO, INC. ' � wa+a�ceret uwciwu► �ec� ' •,, � �cwap�ea••u� . al � no of Q � ACCE3�S o / Z JrXv Na 1bZ8 SKEET 3 of ' e 4 c • •ANO' SIIRIIEYU�6 �,CO; ,Ii�; • • . Ai, ' {- I .02.01 *7 A. A //Co. 00, o A ti l CO "A00foAl o 4RC A-17.30,57'0,9'" 71 ILI' b) _ 0 Vj tN % hl� A 4, ZOO I%3 Gi (�� O'-V 8.40 tu r Alzlloe00 -d- -r9w. 15 -- - - ,S73*57 04le7 -A-v 3i.�I '.'a'50 '-y o lT- 0I oV7.5-5705-" tijj I O0 -7 KI IA �3 Of :' h�m I Qh hl� � '` � o� � z 0 17 N X -4 90 1 -0 1 '.:0 L 1 --PCO.50 -'3 730 5 7'0 IL' 4F f'IAJKC SUBO/Y/S/O,C/ PLAT C4AJre*,eB4y,ey -.-5oejAR6* 6,41416�5,60ZO ol.5reler ffe',0f21Ce COeIA.IrY, VIR61AII,4 [_SCALE - 30' 1 DATE 1.4P,.e1Z /3. GREENWAY ENGINEERING AND SURVEYING CO., INC. WINCI*STER. M090A 2MI TELEPHONE 082-4106 VIRGINW- FREDERICK COUNTY. SCT. This ins"menttring was Pnx%"d to "w an =�j y 19424121Z. fik-with certificate of acknowledgment Wwato annexed was admitted to (SCOrl. N. BW EMNS . N& 1628 SHEET 7 of c9 THIS DEED OF DEDICATION, made and dated this day of October, 1989, by and between NORTH FREDERICK REALTY, a Virginia Partnership, party of the first part, hereinafter called the DECLARANT, whether one or more, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, and B. J. TISINGER, Trustee, party of the third part, and DOMINION BANK OF SHENANDOAH VALLEY, NATIONAL ASSOCIATION, Beneficiary, 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 H. Bruce Edens, L.S.B., dated April 13, 1989, known as Canterbury Square, which property is further described on the Final Master Development Plan of Canterbury Square 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 October 2, 1989, from Walter L. Pugh, et ux, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book at Page and, WHEREAS, the property is subject to a Deed of Trust, dated October 6, 1989, of record in the aforesaid Clerk's Office in Deed Book at Page , to secure Dominion Bank of Shenandoah Valley, National Association a certain indebted- ness described therein; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots for the construc- tion 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, storm water detention easement, landscaping easements, access and driveway easements, sanitary sewer easements, drainage easements, and utility easements over and across said lots, all of which shall constitute a portion of that development known as Canterbury Square, and which common open space, driveway and access easement areas shall be owned and maintained by the Canterbury Square Homeowners Association upon the terms and conditions set forth hereinafter; and, . WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Canterbury Square. 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 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 as Canterbury Square, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, and being more particu- larly described by the aforesaid plat of H. Bruce Edens, L.S.B., dated April 13, 1989, 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 Canterbury Square, on file in the Office of the Frederick County Department of Planning and Development. This is the same real estate conveyed to North Frederick Realty, a Virginia Partnership, said deed of record in the aforesaid Clerk's Office prior hereto. 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. 2 A R T I C L E I DEFINITIONS Section 1. "Association" shall mean and refer to Canterbury Square Homeowners Association, Inc., a nonstock Virginia Corporation, its successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property hereinabove described as common open space, driveway and access areas, 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 Canterbury Square, with the exception of the common areas space and parking areas. 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 part of the Canterbury Square, as shown on the attached plat, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to North Frederick Realty, a Virginia Partnership, 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. Only one membership shall be accorded 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. Ownership of such Lot shall be the sole qualification for membership. 3 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 five (5) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Associa- tion and serve until the first annual meeting following con- veyance of all of the Lots in Canterbury Square; thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. TREASURER The Treasurer of the Association shall be bonded, with the expense of such a fidelity bond for said officer to be borne by 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 "Common Areas", specifically including but not limited to the rights of ingress and egress across the aforesaid "Common Areas" 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 "Common Areas" and in aid thereof to mortgage said property and the rights of such mortgagee in said "Common Areas" shall be subordinate to the rights of the Homeowners hereunder. 4 (b) The rights of the Association to suspend the voting rights and the right to the use of the "Common Areas" 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 dedi- cate or transfer all or part of the "Common Areas" 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. Section 2. Delegation of Use: Any Member may dele- gate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The Declarant hereby covenants for its heirs and assigns, that North Frederick Realty, a Virginia Partnership, will convey fee simple title to the common open space (referred to herein - above as the "Common Areas") to the Association, after the conveyance of all of the Lots in said Subdivision. A R T I C L E V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each Lot owned, hereby covenants, and each Owner of any Lot by 5 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 assess- ments 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 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 following purposes, to -wit: Improvements and maintenance of the "Common Areas", specifically including, but not limited to, payment of real estate taxes, repairs, snow removal, storm drainage repair, maintenance of street lights and payment of all utility charges therefor, and services and facilities devoted to the aforesaid purposes and related to the use of and enjoyment of the "Common Areas"; for the maintenance of shrubbery and lawns, including the mowing of all lawns of all lots in Canterbury Square; and further, for the purpose 0 of promoting the recreation, health, safety and welfare of the residents in the "Common Areas" of Canterbury Square. Section 3. Basis and Maximum of Annual Assessments: Commencing January 1, 1990, the maximum annual assessment shall be $350.00 per year per Lot; (a) Thereafter, the maximum annual assess- ment 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 succeeding period of one year, pro- vided 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 limita- tions 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 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 "Common Areas", 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 7 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 January, 1990. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year after acquisition of title by any purchaser from DECLARANT. 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 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 0 paid when due shall be delinquent. If the assessments which is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Associa- tion 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 assess- ment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" 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 "Common Areas"; (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; and (d) any and all Lots, whether improved or unimproved, owned by DECLARANT. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain "Common Areas": In the event that the Association, or its successors, shall fail to maintain the "Common Areas" 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. 9 A R T I C L E V I USE, RESTRICTIONS AND COVENANTS This Subdivision shall be subject to the following restrictions which are constituted covenants real to run with the land: 1. All Lots shall be used for single family residential purposes only. 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 subdivision. 3. No signs or advertising of any nature shall be erected or maintained on any Lot except for sale signs for said Lot not to exceed four (4) square feet in area, or signs used by a builder to advertise the property during construc- tion and sale. No "For Rent" signs shall be allowed on any Lot whatsoever. 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. 6. No vehicles shall be parked in any area other than the driveway immediately in front of each home. No parking of vehicles shall be permitted along Rugby Road. 7. 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 10 be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers; and further provided that no dogs shall be permitted to run at large or without restraint in said Subdivision. No dog may be tied and left unattended outdoors. 8. No fence or hedge shall be constructed or erected on any Lot in said Subdivision, without prior approval by the Association. This restriction shall not apply however to any hedge or fence constructed or erected by the DECLARANT. 9. 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. 10. 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 dwelling house of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original home. 11. 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 Association, 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 Lot in Canterbury Square shall fail to maintain the premises and the improvements situated thereon as provided herein, the Asso- ciation, after notice to the Owner as provided in the Bylaws and approval by two-thirds vote of the Board of Directors, 11 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. 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 home, 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, television cable and telephone wires. 14. No exterior clothes line, or hanging device, shall be permitted on any Lot. 15. The color of the paint on the exterior of every building on each Lot shall remain the same as the original color. 16. 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, except as exterior painting is permitted by the prior paragraph, unless the plan of construc- tion, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Canterbury Square Homeowners Association as being in harmony with the whole sub- division, especially the adjoining homes. 17. 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. 12 18. No Lot 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; provided however, this provision shall not apply to DECLARANT. 19. In the event that any party other than DECLARANT shall erect or construct any home upon any of the Lots in said Subdivision, the plans and specifica- tions for such home must be first approved in writing by the DECLARANT, or its assigns, as to design and architectural harmony with the other homes in said Subdivision. All homes, together with any garages or other appurtenant structures, shall be of cedar or brick exterior and all roof shingles shall be of similar color and texture. Any fences or hedges erected by any party other than DECLARANT must also be approved by DECLARANT, or its assigns, in advance of construction thereof and must be similar in design and materials with other fences or hedges erected in said Subdivision. 20. 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 Canter- bury Subdivision shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 21. The DECLARANT herein reserves and shall have the right along 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- 13 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. 22. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in nowise 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 V I I EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to that certain easement(s) or right(s) of way designated Sanitary Sewer Easement and 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 and Utility Easement. Section property dedicat ments designated are shown on the shall be for the Square, their su Section dedicated hereby 2. Access and Driveway Easements: The ed hereby is subject to those certain ease - Private Access and Driveway Easements which aforesaid attached plat, which Easements private use of the Lotowners of Canterbury ccessors, assigns and invitees. 3. Surface Drainage Easement: The property is subject to that certain easement or right 14 0 of way designated Storm Water Detention Easement on the aforesaid Final Master Development Plan of Canterbury Square, for the purpose of surface water drainage easement. No struc- tures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the afore- said plat. Said Storm Water Detention Easement 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 Storm Water Detention Easement 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 Storm Water Detention Easement, provided, however, that in the event the Association fails to maintain said easement, 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. DECLARANT, for a period of five (5) years from the date of conveyance of the first lot in Canterbury Square reserves a blanket easement and right on, over and under the ground within said Subdivision to maintain and correct , drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected property to its original condition as near as practical. The DECLARANT shall give rea- sonable notice of intent to take such action to all affected owners, unless in the opinion of the DECLARANT an emergency exists which precludes such notice. Section 4. Reservations: The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and elec- trical conduits, related equipment, and other facilities, 15 J sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and within the Utility Easements and Sanitary Sewer Easements, as designated on the attached plat, and over the "Common Areas" as needed. 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. All costs which the Association, its suc- cessors or assigns, or any Owner shall incur in the enforce- ment of the restrictions, conditions, covenants, reservations, liens, and charges, nor or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. 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- 16 ment 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 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 Canterbury Square. 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. Section 5. Dedication of Street: The DECLARANT does hereby dedicate unto the County of Frederick, Virginia as a public street that certain roadway designated as Rugby Road on the attached plat of Canterbury Square. 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, Propri- etors, Trustee and Beneficiary 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. The County of Frederick, Virginia, by the signature of its agents on the attached plat, do accept the dedications to public domain of the land and easements herein described as such. The designated "Common Areas" are not dedicated hereby for use by the general public but are dedicated to the common use and enjoyment of the homeowners in Canterbury Square as provided hereinabove. WITNESS the following signatures and seals: NORTH FREDERICK REALTY By (SEAL) MICHAEL L. BRYAN, Partner 17 1 /6',3,Q_ t- ment 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 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 Canterbury Square. 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, Propri- etors, Trustee and Beneficiary 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. The County of Frederick, Virginia, by the signature of its agents on the attached plat, do accept the dedications to public domain of the land and easements herein described as such. The designated "Common Areas" are not dedicated hereby for use by the general public but are dedicated to the common use and enjoyment of the homeowners in Canterbury Square as provided hereinabove. WITNESS the following signatures and seals: NORTH FREDERICK REALTY By (SEAL) BENJAMIN M. BUTLER, Partner By (SEAL) STEPHEN G. BUTLER, Partner By (SEAL) MICHAEL L. BRYAN, Partner By ( SEAL) DOUGLAS R. TOAN, Partner 17 (SEAL) B. J. TISINGER, Trustee DOMINION BANK OF SHENANDOAH VALLEY, NATIONAL ASSOCIATION By (SEAL) B. SCOTT ARTHUR, Vice President STATE OF VIRGINIA, OF , TO -WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that BENJAMIN M. BUTLER, STEPHEN G. BUTLER, MICHAEL L. BRYAN and DOUGLAS R. TOAN, Partners of NORTH FREDERICK REALTY, whose names are signed to the foregoing Deed of Dedication, dated October , 1989, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of October, 1989. My Commission expires NOTARY PUBLIC STATE OF VIRGINIA, OF , TO -WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that B. J. TISINGER, Trustee, whose name is signed to the foregoing Deed of Dedication, dated October , 1989, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. 18 Given under my hand this My Commission expires STATE OF VIRGINIA, day of October, 1989. NOTARY PUBLIC OF , TO -WIT: I, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that B. SCOTT ARTHUR, Vice President of DOMINION BANK OF SHENANDOAH VALLEY, NATIONAL ASSOCIATION, whose name is signed to the foregoing Deed of Dedication, dated October 1989, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of October, 1989. My Commission expires NOTARY PUBLIC 19 COMMONWEALTH of VIRCjINIA RAY D. PETHTEL COMMISSIONER Mr. H. K. Benham, III C/O Harrison & Johnston 21 South Loudoun Street Winchester, VA 22601 Dear Mr. Benham: DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 EDINBURG, 22824 WILLIAM H. BUSHMAN (703) 984-4133 RESIDENT ENGINEER February 11, 1991 Ref : Westminster -Canterbury Route 522 North Frederick County This is to acknowledge receipt of your letter of January 30, 1991 concerning the above referenced development. The submitted deed of easement for the permanent turnaround at the end of Westminister-Canterbury Drive appears satisfactory. It will be filed along with the earlier submitted "as -built" site plans until time of addition of the streets into the Secondary System. I would also like to take this opportunity to express our concern over the continuing damage to the right-of-way. Specifically, the area between the Auto Laundry and Canterbury Square. This area will need to be restored prior to the street being added to the System. Should you have any questions concerning the above, please give me a call. RBC/rf xc: Mr. F. E. Wymer Mr. R. W. Watkins Mr. Michael Bryan, Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior McKee & Butler LJ.f , i 12 PANS?ORTATION FOF THE 21 ST CENTURY s vvv_' ny� III.'��ry COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-4133 January 16, 1991 Mr. H. K. Benham, III C/O Harrison & Johnston 21 South Loudoun Street P. O. Box 809 Winchester, VA 22601 Dear Mr. Benham: WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Frederick Mall Subdivision Westminister-Canterbury Drive Route 522 North Frederick County This is to acknowledge receipt of your letter of January 9, 1991 concerning the above referenced development. The as -built plan and Lot "J" plat which details the proposed turnaround easement appear acceptable. However, a deed of easement should also be prepared for recordation along with the plat. Once this has been accomlished, please provide us a copy of the recorded instrument along with two (2) sets of the as -built plans. Should you have any questions concerning the above, please give me a call. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC / rf xc: Mr. R. W. Watkins J (I JpN 17 is9i TRANSPORTATION FOR THE 21 ST CENTURY 5:,• r ' � I �" • ixiYlii^r COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER October 26, 1990 Mr. H. Bruce Edens, Vice President Ref: Greenway Engr. & Surveying Co., Inc. Route 522 North 1104 Baker Lane Frederick County Winchester, VA 22601 Dear Bruce: Pursuant to our telephone conversation of October 24, 1990 concerning the above referenced project please be advised the recently installed section of curbing and entrance at the end of Rugby Road does not meet our current specifications. We also noticed P.V.C. drain pipes were installed through the face of the curb. As you know if left in place this would be very undesirable from a maintenance stand point. Please inform the developer the aforementioned will need to be removed and replaced prior to the streets being considered eligible for acceptance into the State's Secondary Road System. Should you have any questions or would like to meet on site to review this matter, give me a call. Sincerely, William H. Bushman Transp. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf xc: Mr. F. E. Wymer Mr. R. W. Watkins Mr. Michael L. Bryan TRANSPORTATION FOR THE 21 ST CENTURY wµ^ COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 September 26, 1990 Mr. Michael L. Bryan 11 South Cameron Street Winchester, VA 22601 Dear Mike: Acting on a complaint, I visited the Canterbury Square area on this date to look at the storm water detention facility. The complaint centers around water previously being released from this facility flowing onto an adjoining property owner and flooding his storage facility. My evaluation of the situation is that the detention facility is working as it should and is probably adequate for the watershed that it serves. The problem is that the water being metered from it has no drainage easement to flow into and is more concentrated than it was before the area was disturbed and the large areas of impervious surfaces were created. The flow of water from the detention facility is following the area were the sewer line runs on the adjoining B-2 property and then migrating onto the adjoining properties. All indications are that this flooding was not occurring prior to this development coming onto the scene. I believe that two possible courses of action are possible to exacerbate the problem. The pipe releasing the water from the detention facility could be replaced or restricted so that the water is metered at a reduced rate. This would require some engineering computations to determine flows and insure that additional restriction to flow would not cause an overflow problem with the detention basin. The additional action required would be to establish a drainage easement across the adjoining property and grade a drainage ditch to take the water away from the properties to the East of this area. It very well may be possible to do this within the established sewer easement that traverses this property. Your immediate attention to this problem is respectfully requested and required. Should you have any questions please give me a call. W erely W. iW n Miller Zoni g Administrator bc: Mr. Clarence Bean 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 RAY D. PETHTEL COMMISSIONER COMMONWEALTH, of VIiLY`CjINIAt DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 ( 5i0�) R��Z 4133 WILLIAM H. BUSHMAN February 1. 1990 j / _ RESIDENT ENGINEER Mr. Austin Spitler Ref: C/O Greenway Engineering & Surveying Co., Inc. 1104 Baker Lane Winchester, VA 22601 Dear Austin: �'V . Canterbury Square Frederick County This is to acknowledge receipt of your letter dated January 26, 1990 (copy attached) in referenced to the above development. The proposed pavement revision appears to be satisfactory and therefore is approved. Please advise the developer accordingly. Should you have any questions concerning this matter, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer e�A By: Robert B. Childress _--_ Hwy. Permits & Subd. Spec. Senior V RBC/rf or SuJod (e . Attachment xc: Mr. R. L. Moore 4o%j v)eNPf'a Mr. J. C. Heatwole --4n5P6V--(.u*M Mr. F . E. Wymer (w/ attach.) t-eff,e t p Mr. John Neff1e_ I Mr. R. W. Watkins TRANSPORTATION FOR THE 21ST CENTURY Harris, Smariga, Orsk__j, Inc. Surveyors • Engineers • Landscape Architects • Planners FAIR CENTER-11240 WAPLES MILL ROAD FAIRFAX, VIRGINIA 22030 (703) 368-3124 Kris Tierney, Deputy Director Frederick Co. Planning Dept. 9 Court Square P.O. Box 601 Winchester, Va. 22601 [C�CDW�L it D --J AUG I I IM August 10, 1989 INVOICE # PROJECT# 72106-3-0011 PROJECT: Canterbury Square, Second Submission FOR PROFESSIONAL SERVICES RENDERED THRU: PROFESSIONAL SERVICES HRS. RATE AMOUNT Principal .5 hrs 48.00 24.00 Project Manager 5.8 hrs 33.25 192.85 Admin. Assist. 1.0 hrs 14.50 14.50 Total Direct 231.35 Total Indirect 347.03 TOTAL THIS INVOICE $578.38 Please Return Yellow Copy With Remittance A Finance Charge Will Be Applied On Unpaid Invoices Farris, Smariga, Ors.flo, Inc. Surveyors • Engineers • Landscape Architects • Planners FAIR CENTER-11240 WAPLES MILL ROAD FAIRFAX, VIRGINIA 22030 (703) 368-3124 �y Kris Tierney, Deputy Director Frederick County Planning Department 9 Court Square, P.O. Box 601 Winchester, Va. 22601 PROJECT: Canterbury Square FOR PROFESSIONAL SERVICES RENDERED THRU: SQL - 5 �p f; August 31, 1989 INVOICE # PROJECT# 72106-3-0011 PROFESSIONAL SERVICES HRS. RATE AMOUNT For meeting with Developers, review of SWM computations and resolving issues. Project Manager 6.0 hrs. 33.25 199.50 Admin. Assistant 0.5 hrs. 14.50 7.25 Total Direct 206.75 Total Indirect 310.13 TOTAL DUE THIS INVOICE $516.88 Please Return Yellow Copy With Remittance A Finance Charge Will Be Applied On Unpaid Invoices Harris, Smariga, Ors.flo, Inc. Surveyors • Engineers • Landscape Architects • Planners FAIR CENTER-11240 WAPLES MILL ROAD FAIRFAX VIRGINIA 22030 Kris(lAgKglf�M4 Deputy Director Frederick County Planning Dept. 9 Court Square P.O. Box 601 Wnichester, Va. 22601 INVOICE # PROJECT# 72106-3-0011 PROJECT: Canterbury Square FOR PROFESSIONAL SERVICES RENDERED THRU: PROFESSIONAL SERVICES HRS. RATE AMOUNT Principal 1 hr. @ 48.00 48.00 Project Engineer 2 hrs @ 33.25 66.50 Engineer 6 hrs @ 19.90 119.40 Admin. Assist. 1 hr. @ 14.50 14.50 Total Direct Total Indirect TOTAL DUE THIS INVOICE n C� [19W U )�li 11f 1/-116 >AJhcl6F RAID 120 IWEfP 1 -0- ,�,� �e2l Please Return Yellow Copy With Remittance A Finance Charge Will Be Applied On Unpaid Invoices 248.40 372.60 $ 621.00 `'1107 3k*4_ Hwris,Snn; a,Orsillo,hv, Planners/Engineers/Surveyors Fair Center/ 11240 Waples Mill Road/Suite 100/Fairfax, VA 22030 (703) 385-3566,Manassas, VA (703) 368-3124 August 30, 1989 Bruce Edens, CLS Greenway Engineering & Surveying Co. 1104 Baker Lane Winchester, Va. 22601 Re: Canterbury Square HSO # 72106-3-0011 Dear Bryce, )�rsm- 8 i9 In following our phone conversation of 8/19/89, we have mutually agreed that you will do the following items: 1. Place your discharge pipe at a 0.7% slope with Inv. In:793.91, Inv. Out 793.84. 2. The berm will have a crest elevation of 797.00 around the entire embankment. 3. A stabilized emergency spillway will be provided generally where you indicated with the channel over the embankment protected with rip -rap. The crest elevation of the spillway should be at elevation 795.5. Please make sure that the owner/developer has this information on the plans they are constructing from. I would appreciate it if you would forward a copy of the revisions to me and one to Kris Tierney. S ' erelV Paul A. Bernard, P.E. Vice President PAB/jla cc: Kris Tierney Hai ris,Sma i�,,a&Associates,Inc. Han is,Snariga,Inc. Frederick, MD/(301)662-4488 Baltimore, MD/(301)486-1511 FLU-iis S�, QtSlllO, TI1 Planners/ Engineers/ Surveyors Fair Center/ 11240 Waples Mill Road/Suite 100/Fairfax, VA 22 (703) 385-3566,Manassas, VA (703) 368-3124 August 30, 1989 Bruce Edens, CLS Greenway Engineering & Surveying Co. 1104 Baker Lane Winchester, Va. 22601 Re: Canterbury Square HSO # 72106-3-0011 Dear Bruce, vAUG 3 1 1989 090 In following our phone conversation of 8/19/89, we have mutually agreed that you will do the following items: 1. Place your discharge pipe at a 0.7% slope with Inv. In:793.91, Inv. Out 793.84. 2. The berm will have a crest elevation of 797.00 around the entire embankment. 3. A stabilized emergency spillway will be provided generally where you indicated with the channel over the embankment protected with rip -rap. The crest elevation of the spillway should be at elevation 795.5. Please make sure that the owner/developer has this information on the plans they are constructing from. I would appreciate it if you would forward a copy of the revisions to me and one to Kris Tierney. S ' erely Paul A. Bernard, P.E. Vice President PAB/jla cc: Kris Tierney Haris, &nw- ga&.k%oaktes, hw- Hanis,�Matz,Inc. Frederick. MD/(301) 662-4488 Baltimore, MD/(301) 486-1511 Hai ri ,Sn U,orsillo,Inc. Planners/Engineers/Surveyors Fair Center/11240 Waples Mill Road/Suite 100/Fairfax, VA 22030 (703) 385-3566,Manassas, VA (703) 368-3124 Kris Tierney, Deputy Director Frederick Co. Planning Department 9 Court Square P.O. Box 601 Winchester, Va. 22601 Re: Canterbury Square, Second Submission Preliminary Subdivision Plan HSO 72106-3-0011 Dear Kris, I have completed my second review of the above referenced plan. It is my opinion that the preliminary plan can be approved. However, the following items must be addressed prior to approval of the final subdivision plan. A. Final Plat 1. Submit a final plat of the subdivision for review with all easements and dedication of right-of-way meeting the requirements of the State of Virginia and Frederick County suitable for recording. B. Grading Issues 1. Lot 15 shows an approximate 25% driveway slope near the entrance to the garage. The designer may want to consider lowering the garage floor elevation. 2. The retaining walls behind lots 12 thru 18 and 19, and lots 7 to 9 are from 3 to 9 feet in height. These will require a structural design by a Registered Engineer and approval by the County at the time of building permit. 3. Can the grading behind lots 1 thru 6 be accomplished within their property limits. It will be the Developers responsibility to obtain and coordinate any permission to perform off -site work if required. C. Drainage 1. Has VDOT approved and accepted the drainage design within the existing and proposed right-of-way? I have not seen this to date. It is my opinion that they will not accept the storm drainage improvements on Canterbury Lane. The drainage inlets will allow arun-off spread to far into the travel lanes of the street. The VDOT Drainage Manual, Chapter 4, specifies the design criteria for storm sewer systems. Section 4.3 defines Hviis,Sm jfgu&Associates,hw- Hanis,Sr�,M-dz,hic. Frederick, MD/(301)662-4488 Baltimore, MD/(301)486-1511 the allowable drainage spread in the road section for a 3.5 in/hr storm at 8 feet from the face of curb. Additional inlets will be required to reduce this spread to meet VDOT's standards. I calculate it isd greater than 15 feet on the spread inlet. Since this does not meet VDOT standards, they may refuse to accept it upon final inspection. 2. Drainage culverts should be designed in accordance with Chapter 3 of the Drainage Manual. Attached is a sample form and chart for the culvert along Westminster -Canterbury Drive. As it turns out, the culvert as proposed will handle the drainage indicated. I therefore have no problem with this culvert. Typically the inverts are specified and depth of cover confirmed. This should be indicated on the final plan. 3. The length of the rip -rap at the discharge of the storm sewer should be specified. 4. The design of the storm water detention area is not clear to me. I am not familiar with the equation used or all of the variable data and the their units, such as "a" and "b". Also, the facility needs to be designed to pass the total watershed going to it. The detention design only needs to be for the on site areas, but the spillway, discharge pipe, and embankment must be able to handle all the drainage flowing through the facility without spilling over the banks. The design methods described in Chapter 5 of the Virginia Erosion and Sedimentation Handbook or Chapter 10 of the VDOT Drainage Manual would be acceptable for the design of this detention facility, its discharge pipe, and emergency spillway. I suggest that these methods be considered and the design computations be submitted with the final subdivision plans. With these items addressed, the final subdivision plans can be approved. If you have any questions, please call. Sinter y, r Paul A. Bernard, P.E. Vice President PAB/jla cc:Bruce Edens,CLS COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER August 2, 1989 Mr. Austin Spitler Ref.: Final Subdivision Plats C/O Greenway Engineering & Surveying Co., Inc. Canterbury Square 1104 Baker Lane Frederick County Winchester, VA 22601 Dear Austin: Enclosed please find the final subdivision plats to the above referenced subdivision which you submitted to my office with letter of transmittal dated August 1, 1989. The plats are being returned unsigned because of discrepancies I found with the Storm Water Detention easement on Sheets 3, 5, and 8 of 8. Please revise the plats in accordance with the approved subdivision plans dated May 1, 1989 and resubmit for final approval. Should you have any questions, do not hesitate to call. RBC/sl attach. xc: Mr. R. W. Watkins Sincerely, W. H. Bushman, P.E. Resident Engineer f4&dBy:rt B. Childress Hwy. Permits & Subdivision Specialist Senior TRANSPORTATION FOR THE 21 ST CENTURY "1 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-4133 August 9, 1989 WILLIAM H. BUSHMAN RESIDENT ENGINEER Mr. Austin Spitler Ref.: Canterbury Square C/O Greenway Engineering & Surveying Co., Inc. Frederick County 1104 Baker Lane Winchester, Virginia 22601 Dear Austin: As requested, please find enclosed the signed final plats to the above referenced subdivision. Should you have any questions or need additional information, do not hesitate to call. RBC/sc attach. xc: Mr. R. W. Watkins Sincerely, W. H. Bushman Resident Engineer 6��2 d a, /&"--� By: Robert B. Childress Hwy. Permits & Subdivision Specialist Senior TRANSPORTATION FOR THE 21 ST CENTURY • I COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703 ) 984-4133 May 3, 1.989 Mr. Austin Spitler C/O Greenway Engr. & Survey Co. 1104 Baker Lane Winchester, VA 22601 Dear Austin: WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref k' 'y -Square Frederick County This is to acknowledge receipt of your revised plans dated May 1, 1989 to the above referenced location. The plans appear satisfactory and are approved. > Please advise the developer accordingly. I offer the following coalments: Materials used and method of construction shall apply to current observed VDOT Road and Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and data for subdivision streets prior to acceptance into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require (forty-eight) 48 hours notice for inspections. • If mailboxes are to be placed along the roadway fronting lots, a minimum of four W ) feet shall be between the edge of pavement and the front of mailbox as shown on the attached sketch. TRANSPORTATION FOR THE 21 ST CENTURY Mr. Austin Spitler May 3, 1989 - Page Two - An agreement between the Virginia Department of Transportation and Frederick County to absolve the Department of any maintenance or liability of the detention basin will be required. This is the developer's responsibility.' The executed agreement is needed before this street is eligible for acceptance into the State Is Secondary System. Should you need additional information, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer �a 44. 4 By: Robert B. Childress Hwy..Permits & Subd. Spec. Sr. RBC/rh Attachrw-:, s xc: Mr. R. L. Moore Mr. J. C. Heatwole Mr. R. W. Watkins Mr. Michael Bryan Ip �17 1 f 2� , Civil Engineering Review Canterbury Square HSO#72106-3-0011 The following items need to be addressed and shown on the final submission: 1. General Comments: -Show proposed grades and spot elevations for curb and gutters and earthworks. -Show easements and limits of clearing. -Show curves data and horizontal sight distances. -Show road profile including and vertical sight distances. -Show detail street section for Westminster Canterbury Dr. ``-Show profiles for the sanitary lines including lengths, sizes, types, slopes, inverts, top elevations, and location, length and elevations of service laterals. Abandon the sanitary sewer trap in the storm water dete0ti<lu facility. -Sheet 2 of 2 was not received or reviewed. 2. Drainage: -Provide storm sewer and stormwater management profiles and computations. -Provide drainage divides including areas and weighted C value. -Provide storm sewer inlets types and computations. M C� CC0�4~ D _ 9 -Offsite easements may be required for the stormwater manage- ment outlet pipe. Verify discharge volume and adequacy of receiving channel. Erosion Control: -Erosion and sediment control measures are required. Please indicate and provide. -Label the type and length of riprap apron. -The embankment design should meet Virginia erosion and sediment control standards. -The proposed flower garden in the stormwater detention is not recommended; erosion and sedimentation problems will be created. -A construction entrance will be required. End of Civil Engineering Comments. C� Lnw,rsillO, Ox- �a Planners/ Engineers/Surveyors Fair Center/11240 Waples Mill Road/Suite 100/Fairfax, VA 22030 (703) 385-3566,Manassas, VA (703) 368-3124 July 10, 1989 Mr. Kris Tierney, Deputy Director Frederick County Planning Dept. 9 Court Square P.O. Box 601 Winchester, VA 22601 Re: Canterbury Square #72106-3-0011 Dear Mr. Tierney: a }. Awon 2 We have completed our review of the preliminary subdivision plan above. Based on our review, we can recommend approval of the preliminary plan provided the attached comments are adequately addressed with the final subdivision plan submission. S' cer ly, Paul A. Bernard, P.E. Vice President PAB/km Enclosure Harris,Srna>li�a&Associates,Llc. Harris,SrM Mab.,Inc. Frederick, MD/(301)662-4488 Baltimore, MD/(301i486-1511 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILUAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER May 3, 1989 Mr. Austin Spitler Ref: Canterbury Square C/O Greenway Engr. & Survey Co. Frederick County 1104 Baker Lane Winchester, VA 22601 Dear Austin: This is to acknowledge receipt of your revised plans dated May 1, 1989 to the above referenced location. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following comments: • Materials used and method of construction shall apply to current observed VDOT Road and Bridge Specifications applicable during construction of this development. • Our review and cormrents are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the secondary Road system. • Attached is a copy of the minimun requirements and data for subdivision streets prior to acceptance into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require (forty-eight) 48 hours notice for inspections. • If mailboxes are to be placed along the roadway fronting lots, a minin m of four W ) feet shall be between the edge of pavement and the front of mailbox as shown on the attached sketch. not 9oie)5 fo place. mail hDas along roadrv". 5et Jrawiv' (FIO-WA. w64- Flag 5abm"*41-Gr locafbon . y, stm 4,^ Grcerw" . s115189 TRANSPORTATION FOR THE 21 ST CENTURY Mr. Austin Spitler May 3, 1989 - Page Two - An agreement between the Virginia Department of Transportation and Frederick County to absolve the Department of any maintenance or liability of the detention basin will be required. This is the developer's responsibility. The executed agreement is needed before this street is eligible for acceptance into the State's Secondary System. Should you need additional information, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer ��a. C. J4-4� By: Robert B. Childress Hwy. Permits & Subd. Spec. Sr. RBC/rh Attachments xc: Mr. R. L. Moore Mr. J. C. Heatwole Mr. R. W. Watkins Mr. Michael _Bryan �'Q MAY 1989 RECEIVED, 06 P-LAN I p Rev:. 10/24/88 INFORMATION & DATA NEEDED FOR SUBDIVISION STREETS PRIOR TO ACCEPTANCE INTO STATE SECONDARY SYSTEM Subdivision streets may be considered eligible for acceptance into the State Secondary System when: built according to plans approved by the Department of Transportation, properly maintained since completion and rendering a public service (serving three (3) occupied dwellings per, street). The following are to be furnished to the County Planning Department at least thirty (30) days prior to adoption of the resolution by the Board of Supervisors requesting the addition: One (1) copy of as -built plans showing: Roadway geometrics. Drainage,and drainage easements Three (3) copies of final plat with date & place of recordation, deed book number and page number Maintenance fee - check payable to "VA Department of Transportation" A maintenance fee is required. It is based on the length of the_ streets involved from the date of acceptance to the end of the fiscal year (June 30). No maintenance fee, is required if the addition is effective July 1st. Schedule: SEE REVJERSE SIDE Bond to• guarantee workmanship and performance of materials for one year from date of acceptance. Schedule: PEE REVERSE SIDE Signed .permits covering ail utilities, publicly or: privately, owned, to occupy or cross the rigtjt^o,f-way and quitclaiming any prior rights are in hand to be processed after the.route numbers; are assigned. ADDITIONS WILL BE MADE EFFECTIVE ONLY ON THE FIRST OF THE MONTH, ALL DATA IS TO BE IN THE OFFICE OF THE DEPARTMENT OF TRANSPORTATION, EDINBURG RESIDENCY, BY THE 1ST OF THE PRECEDING MONTH. FEES AND SURETY BOND (Surety) r. 2-LANE STREET Minimum (up to 0.25 mi.) $ 3,750 From 0.25 to 0.50 mile $ 7,500 over 0.50 mile $ 1,500/tenth of mi. & fraction thereof 4-LANE STREET Minimum (up to 0.25 mi.) $ 7,500 From 0.25 to 0.50 mile $15,000 Over 0.50 mile $ 3,000/tenth of mi. & fraction thereof MAINTENANCE FEE 2-LANE STREET Minimum (up to 0.25 mi.) $ 300/year @ $ 25-per month From 0.25 to 0.50 mile $ 600/year @ $ 50 per month Over 0.50 mile $ 120/tenth of mile & fraction thereof/year 4-LANE STREET Minimum (up to 0.25 mi.) $ 600/year @ $ 50 per month From 0.25 to 0.50 mile $ 1,200/year @ $100 per month Over 0.50 mile $ 240/tenth of mile &"fraction°therefor/year EXAMPLES (1) A two lane -street 0.35 mile long is processed by the Resident Engineer on. September 18. Therefore, surety is required for four -tenths mile and;. maintenance fee required for ten months. - Bond required: $7,500 Maintenance fee required:. $600 x,-10/12-=,t;$500 . (2) A four -lane street 0.78 mile long is processed by the.Residency Engineer on February 4. . Therefore, surety, is •required for -eight-tenths mile and maintenance fee is required for.five months. Bond required: 8 x $3,000 = $24,000 Maintenance fee required: 8 x-$240 x 5/12 _ $800 Var rx;c 9 IMo;16wE Lumber ro be pressu/'c Tree re d. Na;ly ore To be wdo, 8d 9atvraieod 2�R4 pay m"r , Eoe1t swr4cc q, 4` ss f 9 4/ -4 3 If on Typical ' 5cc7- oAt { 1 a 1zr I n U u Z01R \ "1 M r4 ( t r STANDARD PRLVATE ENTitAHCG . 141 width with 9' CBR-30 !' t q� { A ► TYPICAL h1A1LU0X '1'!t/1NSl'1'IUl I Same Stono Dept!► as Ruadsv . ... - _... �.. 17.�.:�!s...Vti•�wl'►•!•►4.:w Sw!?eu.�':.1!5 t.•. .. r.:i:• L ACUTE ANGLE INTERSECTION ac=y g ' 2 MINIMUM ROADSIDE SIGN RURAL DISTRICT R ROADSIDE SIGN CHANNELIZED INTERSECTION tUSSINEsWENCE s tOI $ESTRICT T 'MARRED OR � K q I 3 •` UNMARKEO,f,� q .. '.CROSSWALKS ROAD F , SIDEWALK sasi a ss LIMIT 50 { F�F- A��m ' MINIMUM 6' �a ('c Tols' Ld ROADSIDE ASSEMBLY -4AARAL DISTRICT T�II ROADSIDE SIGN RURAL DISTRICT R{I LIS% 1«•r i .. p-to S«ouL{u} WARNING SIGN WITH ADVISORY SPEED PLATE RURAL DISTRICT! 25 N►N T 3 15 0 OVERHEAD MOUNTING t; ••wo S.a•a• WARNING SIGN ON ISLAND IN THE LINE Ui TRAllic CAi4TERBURY SQUARE SUBDIVISION 5/11/89 .,4OjCftk) sboro District