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
$
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) � 5 71 i1
AMOUNT
PAID
$
)I , J 5 71.av
BALANCE DUE -
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PAID BY
CASH
CHECK 4
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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
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DAY-TIMERS RE -ORDER No. 3221 — Primed in USA
BY .x iL-
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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
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1104 Baker lane • Winchester, Virginio • 22601 • 703.662-4185
H. Bruce Edens • C.L.S. • President
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❑ AS ,QEQUESTEO 0 ,C'E>U.e�/ED CO.e eE�'TED PAL'/.t/7S
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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. -
-
-
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-
-
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-
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-
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-
--
-
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-
-
-
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
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OUTLET CONTROL
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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)
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0.66 cfe
())
144
4,000
"IN* "IN5.
S.
132
�
3,000
0 (foot)
s. 6.
120
2,000
(2) 2.1 6.3
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<
(3) 2.2 6.6
4'
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108 n
n
3.
0 in feet
a
96 1,000 3.
� 800
84 m 600 2.
500
400 -- 2.
72
W
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/
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r
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36
30
Hw ENTRANCE
SCALE
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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
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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
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G
0
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_
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
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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
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WINCHESTER, VIRGINIA 22601
TELEPHONE 662-4186
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Q H. BRUCE EDENS >
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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'
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rC
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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;" *
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No. 162 B
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WINCHESTER, VIRGINIA 22601
0 TELEPHONE 662-4186
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'• ' FINAL SUBDIVISION PLATS
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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
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No.1628
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GREENWAY ENGINEERING AND SURVEYING CO, INC.
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CURVE DATA
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DELTA
RADIUS
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06018116"
1815.971
199.821
2
90012139"
50.00'
78.720
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50.001
74.33'
4
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40.49'
5
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80.98,
6
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75.00'
121.481
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87030102"
20.00'
30.54'
8
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32.29'
9
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32.291
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46.36'
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25.001
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GREENWAY ENGINEERING AND SURVEYING CO., INC.
WINCI*STER. M090A 2MI
TELEPHONE 082-4106
VIRGINW- FREDERICK COUNTY. SCT.
This ins"menttring was Pnx%"d
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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
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ACUTE ANGLE INTERSECTION
ac=y g '
2 MINIMUM
ROADSIDE SIGN
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CHANNELIZED INTERSECTION tUSSINEsWENCE s tOI
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CAi4TERBURY SQUARE SUBDIVISION
5/11/89 .,4OjCftk) sboro District