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HomeMy WebLinkAbout03-00 Cross Creek Village Section I, II Back Creek - Backfile (2)0 0 rn THIS DEED OF DEDICATION, made and dated this day of 0 of '66 1&, 2001 by and between OAKCREST PROPERTIES, L.L.C., a Virginia Limited Liability Company, party of the first part, hereinafter called the DECLARANT, whether one or more, FREDERICK COUNTY, VIRGINIA, party of the second part, BILLY J. TISINGER, Trustee and BOWMAN TRUCKING COMPANY, INC., a Virginia Corporation and FRED L. GLAIZE, 111, hereinafter collectively called Beneficiary and SUNTRUST BANK - WESTERN VIRGINIA, hereinafter called SunTrust, RICHARD E. MORAN, Trustee, hereinafter called SunTrust Trustee. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on that certain Final Plat drawn by P. Duane Brown, L. S., dated January 15, 2001, and revised as set forth thereon, known as Cross Creek Village, Section 1, which Final Plat is attached hereto and incorporated herein by reference as if set out in full. This is a portion of the real estate of which a one- half interest was conveyed to Oakcrest Properties, L.L.C. from Valley Development Group, Inc. by deed dated December 14, 2000 and of which a one- half interest was conveyed to Oakcrest Properties, L.L.C. from Bowman Trucking Company, Inc. and Fred L. Glaize, III by deed dated January 8, 2001, said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instruments 0000013096 and 010000299, respectively; and, WHEREAS, said real estate, as shown on the aforesaid attached Final Plat, has been subdivided into lots for the construction of single-family homes thereon (Lots 1 through 20 and Lots 51 through 72 inclusive) and the hereinabove referenced Final Plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain HARRISON & JOHNSTON ATTORNEYS AT LAW surrounding lands in said subdivision to be used as open space, streets, utility WINCHESTER, VIRGINIA 0 0 rn cn easements, ingress, egress, and drainage easements, all of which shall constitute a portion of that development known as Cross Creek Village, Section 1 and which common areas shall be owned and/or maintained by the Cross Creek Village Homeowners Association, Inc., upon the terms and conditions as set forth hereinafter; and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Cross Creek Village, Section 1. The subdivision of said real estate, as it now appears on the aforesaid attached Final Plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, Trustee, Beneficiary and SunTrust, 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 all of that certain tract or parcel of land designated as Cross Creek Village, lying and being situate in Frederick County, Virginia, and being more particularly described by that certain Final Plat of Cross Creek Village, Section 1 drawn by P. Duane Brown, L.S., dated January 15, 2001, containing Lots 1 through 20 and Lots 51 through 72, inclusive, which Final Plat is attached hereto and incorporated herein by reference as if set out in full. All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, HARRISON & JOHNSTON ATTORNEYS AT LAW -2- WINCHESTER, VIRGINIA 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. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Cross Creek Village Homeowners Association, Inc., a nonstock Virginia Corporation, its successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property described as common open space, the streets not dedicated to the public herein, driveways, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Lot" shall mean and refer to any of the Lots designated upon the Final Plat of Cross Creek Village, or any future final plats recorded with regard to future sections of Cross Creek Subdivision, with the exception of the Common Areas as defined hereinabove. Section 4. "Member" shall mean and refer to every person or entity who holds membership on 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 Cross Creek Village Subdivision, as shown on the hereinabove referenced Final Plats, 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 Oakcrest Properties, L.L.C., a Virginia Limited Liability Company, its successors and assigns. HARRISON & JOHNSTON ATTORNEYS AT LAW -3- WINCHESTER, VIRGINIA 0 0 cr -J ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants 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. ARTICLE III VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but no more than nine (9) Directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Declarant and serve until the first annual meeting following conveyance of the first lot in Cross Creek Village to a third party owner; thereafter, the Board of Directors shall be HARRISON & JOHNSTON ATTORNEYS AT LAW -4- WINCHESTER, VIRGINIA elected by the Membership as determined in the By Laws of the Association. TREASURER In the event that the Board of Directors deems it necessary, 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. ARTICLE IV 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. The Association is further empowered, with the consent of at least two-thirds (2/3) of the members, to mortgage the area in said Subdivision designated as Common Areas to secure any such borrowed funds, but such mortgage shall be subordinate to the rights of the Members hereunder. In computing the required vote of the Members in connection with any such mortgage of the Common Areas, the lots owned by the DECLARANT shall not be included. All Members shall be given notice of any such proposed mortgage of said Common Areas as set forth in Paragraph (c) infra. (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 dedicate or transfer all or part of the Common Areas to any public agency, authority or utility for such purposes and subject to HARRISON & JOHNSTON ATTORNEYS AT LAW -5- WINCHESTER, VIRGINIA such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two- thirds (2/3) of the votes has been recorded agreeing to 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 of the intended conveyance or dedication. Section 2. Delegation of Use: Any Member may delegate, in accordance with the By Laws, his right of enjoyment to the Common Areas to the members of his family, his tenant, or contract purchasers who reside on the property. Section 3. Title to the Common Areas: The DECLARANT, or such other entity as is vested with title at the time of conveyance, hereby covenants that fee simple title to the Common Areas will be conveyed to the Association free and clear of all liens and encumbrances prior to the conveyance of the first lot in Cross Creek Village to a third party owner. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements., such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual assessments and special assessments together with interest thereon at the rate of 12.0% per annum and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a HARRISON & JOHNSTON -s ATTORNEYS AT LAW WINCHESTER, VIRGINIA 0 0 0 continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the following purposes, too -wit: Improvement, repair and maintenance of the Common Areas, specifically including, but not limited to, payment of real estate taxes, repairs, removal of snow from Association -owned and maintained driveways and streets within said Subdivision, maintenance and repair of drainage and detention facilities, maintenance of street lights and payment of all utility charges therefore, payment of water bills, maintenance and repair of utility and drainage easements, maintenance, repair and improvement of the Association -owned community recreation center, maintenance of shrubbery, of lawns, including landscaping and mowing of the yards of all Lots, maintenance, repair and improvement of the Association -owned common water lines, meaning any and all water lines running from any master meter to the foundation of any housing unit; payment of all liability insurance premiums for liability insurance upon the Common Areas and services and facilities devoted to the aforesaid purposes and related to the use of and enjoyment of the Common Areas; and further, for the purpose of promoting the recreation, health, safety and welfare of the residents in the Common Areas of Cross Creek Village. HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA -7- O O J Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the conveyance of the first Lot to a third party owner, the maximum annual assessment shall be One Thousand One Hundred Forty Dollars ($1,140.00) per Lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to a third party owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, The Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas, specifically including but not limited to maintenance, repair and improvement of any Association -owned driveways, streets, maintenance, repair and improvement of the Association -owned common water lines, meaning any and all water lines running from any HARRISON & JOHNSTON ATTORNEYS AT LAW -8- WINCHESTER, VIRGINIA 0 0 __J N master meter to the foundation of any housing unit or the community recreation center within said Subdivision, 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 not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purposes of the meeting. Section 5. 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 subsequent meeting shall be one-half (1 /2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than ninety (90) days following the preceding meeting. Section 6. Date of Commencement of Annual Assessments. DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the first lot to a third party owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. HARRISON & JOHNSTON ATTORNEYS AT LAW -9- WINCHESTER, VIRGINIA 0 0 w 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 7. Effect of Non -Payment of Assessments/Remedies of the Association. Any assessments which are not paid when due, shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose said lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his Lot. Section 8. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any deed of trust now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, upon the sale or transfer of any Lot pursuant to a foreclosure thereof, the lien of such assessments as to payments thereof which become due prior to such sale or transfer shall be subordinated to the lien of said deed of trust in foreclosure. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. HARRISON 88 JOHNSTON ATTORNEYS AT LAW -1 0- WINCHESTER, VIRGINIA 0 0 Section 9. Exempt Property: The following property subject to this Declaration shall be exempt from all assessments created herein: (a) Any property owned by the Association; (b) All properties dedicated to and accepted by a local public authority; (c) Any and all lots owned by DECLARANT for which a final Certificate of Occupancy has not been issued by Frederick County, Virginia, or such other agency having jurisdiction thereof for a dwelling house constructed thereon; and (d) All properties owned by a charitable or non-profit organization exempt from taxation by the laws of the Commonwealth of Virginia. Section 10. 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 condition, Frederick County, Virginia may take such action as authorized by the Frederick County Zoning Ordinance and any and all amendments thereto, which are by this reference made a part hereof as if set out in full. ARTICLE VI USE, RESTRICTIONS AND COVENANTS The Lots in Cross Creek Village shall be subject to the following restrictions, which are constituted covenants real to run with the land: 1. The development has been especially designed, constructed, and equipped to meet the special needs of active senior adults. Furthermore, the organization, operation, and maintenance of services at the development will be structured and implemented to provide a safe and comfortable environment where senior adults can enjoy independence and security. To promote those goals and a community atmosphere, residency will be restricted, to the extent allowed by law, to individuals at least fifty-five (55) years old and couples of which at least one HARRISON & JOHNSTON I I -11- ATTORNEYS AT LAW WINCHESTER, VIRGINIA O O J person is at least fifty-five (55) years old. 2. All lots shall be used for single-family residential purposes only. No detached garage or carport shall be permitted on any Lot. Any utility or other out building on any Lot shall be of the same material and construction as the main structure on such Lot. 3. No signs or advertising of any nature shall be erected or maintained on any Lot except "For Sale" signs for said Lot which signs shall not exceed five (5) square feet in area, or signs used by the Declarant to advertise the property during construction and sale. No "For Rent" signs shall be allowed or displayed on any Lot. 4. No boats, mobile homes, motor homes, campers, commercial 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 unless parked in an enclosed garage out of the public view. 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. 5. No animals of any kind (including livestock, poultry or birds) shall be permitted on any Lot, except that dogs, cats and other usual household pets may be kept, provided that they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers. 6. 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 other lot owners in Cross Creek Village. 7. In the event that a dwelling is destroyed, the owner of the dwelling, within thirty (30) days from said destruction, shall clear away any debris and the HARRISON & JOHNSTON I I - 2_ ATTORNEYS AT LAW WINCHESTER, VIRGINIA 0 0 rn remaining portion of the dwelling unit and maintain the Lot in a neat and orderly condition. 8. In the event a dwelling unit is damaged, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. 9. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pickup, unless placed in sanitary containers. 10. No exterior clotheslines, or hanging device, shall be permitted on any Lot, except for an umbrella -type with a diameter not to exceed seven (7) feet; provided, however, that the same may only be used in the rear of any dwelling house constructed on said Lot and the clothes line is stored within a garage, utility building or the equivalent when the clothes line is not in use. 11. The color of the paint on the exterior of every building on each Lot shall be the same as the original color unless a different color from the original color has been approved by the Homeowner's Association. 12. No building, structure, addition nor exterior alteration 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 construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Board of Directors of the Association as being in harmony with the whole subdivision. 13. No profession or home occupation shall be conducted in or on any part of a Lot except as approved by the Homeowner's Association and which shall be in accord with any local, federal or state law; provided, however, that HARRISON & JOHNSTON ATTORNEYS AT LAW -1 3- WINCHESTER, VIRGINtA 0 0 DECLARANT reserves the right to use one or more of said Lots for business purposes in connection with development, sales and operation of said Cross Creek Village. 14. No structure or improvement, including fences, shall be built in the landscape easement as said easement is applicable to lots 14 through 20, Section 1 and Lots 21 through 26, Section 2 of the Cross Creek Subdivision. 15. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods, unless the Owners of a majority of Lots in Cross Creek Village, shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 16. The DECLARANT reserves the right to adjust or relocate the boundary lines of any Lot owned by the DECLARANT, including the right to incorporate additional portions of the Common Areas within said Lots, so long as the DECLARANT complies with all applicable ordinances of Frederick County, Virginia. Except as provided herein, no Lot shall be further subdivided or the boundary lines thereto adjusted or relocated by any Owner; however, this shall not prohibit deeds of correction, deed to resolve boundary disputes and similar corrective instruments. 17. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court Order shall in no wise affect any of the other provisions which shall remain in full force and effect. The failure of the Lot Owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default HARRISON & JOHNSTON ATTORNEYS AT LAW -14- WINCHESTER, VIRGINIA occurring prior or subsequent thereto. 18. The DECLARANT herein reserves and shall have the right alone to waive any one or more of the restrictive covenants and conditions contained herein as to any Lot owned or transferred by it. 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. Ii\_-bdral0:&WI EASEMENTS Section 1. Public Utility and Drainage Easements: The property dedicated hereby is subject to those certain easements or rights of way designated as Drainage Easements and Utility Easements on the aforesaid plat of Cross Creek Village. The DECLARANT does hereby grant and convey unto Frederick County, Virginia, or other agency having jurisdiction thereof, a perpetual right of way or easement for the construction, reconstruction, maintenance and repair of the aforesaid easements and any related facility designated on the aforesaid plat as Utility Easements. Section 2. Maintenance of Drainage Easements: The maintenance of all drainage easements located within the subdivision shall be maintained by the Association and in the event that said Association does not maintain said areas, and keep the same in good repair, then the Declarant and/or Frederick County, as the case may be, may come upon said property and make necessary repairs and perform whatever maintenance is necessary with the cost of the same to be HARRISON & JOHNSTON ATTORNEYS AT LAW -1 5- MANCHESTER, VIRGINIA 0 0 borne by the Association and in the event that said Association does not pay for said repairs and/or maintenance when billed, then said charge shall become a lien upon the property belonging to the Association. Section 3. Driveway Easements: The Common Areas shall be subject to easements for ingress and egress from the Lots to the streets located within Cross Creek Village. Section 4. Streets. Every Member shall have the right of ingress and egress to their respective Lots over the streets or areas marked for ingress/egress as designated on the attached Final Plat(s) of Cross Creek Village. Section 5. Reservations: (a) The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water and television lines and related equipment, and other utility equipment where such utility lines and equipment are located within the utility easements set forth on the Final Plat of Cross Creek Village, and over the Common Areas, as needed, provided that such easements shall not unreasonably interfere with the use and enjoyment of the Common Areas. (b) The DECLARANT further reserves unto itself, its successors or assigns, for a period of five (5) years from the date of conveyance of the first lot in Cross Creek Village Subdivision, 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, HARRISON 8 JOHNSTON ATTORNEYS AT LAW -1 6- WINCHESTER, VIRGINtA following which the DECLARANT shall restore the affected property to its original condition as near as practical. The DECLARANT shall give reasonable 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. Reservation by DECLARANT of such blanket easement and rights contained herein shall not, in any way, obligate DECLARANT to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon DECLARANT therefore. (c) The Owners shall have reasonable rights of access over the immediately adjacent Lot or Common Area for the maintenance, repair, construction or reconstruction of that portion of any dwelling house built upon a common boundary line. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now 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. HARRISON & JOHNSTON ATTORNEYS AT LAW -1 7- WINCHESTER, VIRGINIA 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, as described under Article VI, restriction No. 15, supra. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifteen (15) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years, as described under ARTICLE VI, Restriction No. 15, supra. The covenants and restrictions of this Declaration may be amended during the first fifteen (15) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event such dedication is refused acceptance, such assets shall be granted, conveyed or assigned to any non-profit organization, for similar purposes. Section 5. Reservation of Use of Community Recreation Center: The DECLARANT reserves the right to use the community recreation center for a period not to exceed five (5) years from the date hereof without charge or HARRISON 8, JOHNSTON ATTORNEYS AT LAW -1 8- WINCHESTER, VIRGINIA I expense for rent. The DECLARANT shall pay for all utility charges attributable to DECLARANT'S use of the community recreation center. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desires of the undersigned DECLARANT, 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 Frederick County, Virginia, or other agency having jurisdiction thereof. 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 owners in Cross Creek Village, as provided hereinabove. SunTrust and SunTrust Trustee, as the Beneficiary and Trustee under that certain Deed of Trust creating a first lien on the property described herein, which deed of trust is dated December 21, 2000 and recorded as Instrument No. 000013327, in the aforesaid Clerk's Office, join in this instrument to evidence their consent hereto. Bowman Trucking Company, Inc., a Virginia Corporation and Fred L. Glaize, III and Billy J. Tisinger, Beneficiaries and Trustee under that certain deed of trust dated August 24, 2000 and recorded in Deed Book 974, at Page 104 (Assumed as Instrument No. 000013096) and that certain deed of trust dated January 8, 2001 and recorded as Instrument No. 010000300 in the aforesaid Clerk's Office, which deeds of trust create second liens on the property described herein, join in this instrument to evidence their consent hereto. HARRISON & JOHNSTON ATTORNEYS AT LAW -1 9- WINCHESTER, VIRGINIA WITNESS the following signatures and seals: OAKCREST PROPERTIES, L.L.C. A Virginia Limited Liability Company (SEAL) ;SEAL) BOWMAN TRUCKING COMPANY, INC., a Virginia Corporation By , -j (SEAL) James Bowman, President e C z `__'SEAL) Fred L. Glaize, III SUNTRUST BANK - WESTERN DIVISION (SEAL) (SEAL) D E. MORAN, Trustee STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF Wkij jjA4tL&_, To -wit: The foregoing instrument was cknowledged before me this 9 day of 2001, by ,�• ck�itaJ , as of Oakcrest Prop ies, L.L.C., a Virginia Limited Liability Company, on' behalf of said Company. My commission expires / ,o2.0o / NotqVj Public STATE OF VIRGINIA AT LARGE, CITY/G90tffY OF j�jj nci) s , To -wit: The foregoing instrument was acknowledged before me this day of -Fe)>rU6,, 2001, by Billy J. isinger, Trustee. My co fission expires 3 J O Notary Public HARRISON 1 JOHNSTON ATTORNEYS AT LAW -20- WINCHESTER, VIRGINIA STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF 'cclz�. , To -wit: The foregoing instrument was acknowledged before me this S' day of Afloaa-4 -, 2001, by James L. Bowman, as President of Bowman Trucking Co pany, Inc., a Virginia Corporation, on behalf of said Corporation. My commission expires ,_ cello i No ry Public STATE OF VIRGINIA, AT LARGE, CITY/f Y OF To -wit: The foregoing instrument was acknowledged before me this \-A day of ip� , 2001, by Fred L. Glaize, III, as Beneficiary. .f My commi ion expires l -zoo ti Notary Public STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF ROANOKE , To -wit: The foregoing instrument was acknowledged before me this 7th day of February , 2001, by Don H . Andree , as 'ice President of SunTrust Bank, a , on behalf of said Bank. My commission expires December 31 2001 Notary Public STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF ROANOKE , To -wit: The foregoing instrument was acknowledged before me this 7th day of February 2001, by Richard E. Moran, Trustee. My commission expires December 3L, 206). Notary Public HARRISON 8 JOHNSTON ATTORNEYS AT LAW -21 - WINCHESTER, VIRGINIA PS' FINAL PLAT Cz CJ.1 Cross Creek Village v Section 1 Back Creek Magisterial District Frederick County, Virginia oa vicinity Scow I*- r M • • , O • • \ APPROV BY Virginia Department of Transportation Date �'�/•O! Frederick County Sanitation Authority Date 5Srf3 0 Frederick Co. Subdivision Administrat Date OWNER'S CERTIFICATE The above and foregoing subdivision of the land of OAKCREST PROPERTIES, L.L.C., as appears in the accompanying plats, is with the free consent and in accordance wit the desires of a undersigned 7oners, proprietors and trustees, if any. �^ Date Date NOTARY PUBLIC I, a Notary Public in and for the State of Virginia, at large, d# certify that J i whose names are signed to the foregoing Owner's Certificate, have acknowledged the same before me in my state. Given under my hand this q day of , 2001. My commission expires /e? SURVEYOR'S CERTIFICAT I hereby certify that the property contained in this subdivision is. a portion of the property of which a 1/2 interest was conveyed to OAKCREST PROPERTIES, L.L.C. from VALLEY DEVELOPMENT GROUP, INC. by deed dated December 14, 2000 and of which a 1/2 interest was conveyed to OAKCREST PROPERTIES, L.L.C. from BOWMAN TRUCKING COMPANY, INC. and FRED L. GLAIZE, III by deed dated January 8, 2001, said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, 'fH OF Virginia as Instruments 000013096 and 010000299, respectively. P. DUANE � P. Duane Brown, L.S. O .n BROWN r`�Y�.(Vi.o.,..- ►•'� DATE: JANUARY 15, 2001 COVER SHEET FlLE C: \CROSSCREEK\PLATS.DW NO. 1285 g1bert w. dtfford & associates. k1c. 200/ SHEET � ¢ ENGINEERS — LAND PLANNERS — SURVEYORS 1 �Np suR���o 160-C ae. Opoev0d OrNe 200 Nora, On wa Sbwt OF Fredeekkdmp, Vk*b 22401 %Wmt r. W*io 22601 27 (340) ON--2115 (340) 667-2130 1 19 18 17 16 / OAKCREST PROPERTIES, L.L.C. 15 (Remainder - 10.13 Acres) 511521531541551561 <0-57 66 �s 69 64 6� 1 go] M I � 1 LOTS SHEET 'Zoe 7271 70 63 1 7 r'�`' p LOTS SHEET 2 8 51-54 15 3-4 9 ,p 55-57 16 5- 7, 10 10 �'�O 58-60 18 8-9 11 61-65 19 11-13 12 66-69 20 14-17 13 70- 71 5 18-20 14 SHEET INDEX 72 6 The property represented herein is a portion of the property shown on Frederick County Tax Map 63((A)) as Parcel 40. All lots are Single Family Small Lot — Zero Lot Line. FINAL PLAT TH op G, Cross Creek Village ,%, Section DUANE 1 �,, Back Creek Magisterial District, Frederick County, Virginia P. .� 0� n BRDATE: JANUARY 15. 2001 SCALE: 1"=200' FILE: C: \CROSSCREEK\PLATS.DWG �� g1lbert w. dlfford dt associates, inc. 6148-3F NO. 1285 ENGINEERS - LAND PLANNERS SURVEYORS Jan. /5 tool 160�-C owe ane"wish Doh' no Nsm tea" =tr'�t SHEET i ne "rtdvbtt9. N'Otib 22401 Niwhwlw. vkgkm 2200f 2 Cq�o suRv��O� « eY�-2tt5 0 100 200 400 (� W-2139 OF 27 Curve Table CURVE DELTA RADIUS ARC TANGENT CHORD BEARING 1 02'44'07" 5, 832.60' 278.44' 139.25' 278.42' N47 5946W 2 85 4451' 55.00' 82.31' 51.06' 74.84' S3020'09"E 3 03 45'01 " 867.00' 56.75' 28.38' 56.74' S142447"W 4 24'16'24" 842.00' 356.71' 181.07' 354.05' N24'40'28'E 5 02'1358" 5,847.60' .127.89' 113.96' 227.88' S48'1455E 6 96 03'24' 40.00' 67.06' 44.47' 59.48' N84'50'22"E 7 18'44'12" 817.00' 267.17' 134.79' 265.99' N2726'33'E 8 78'18 29" 25.00' 34.17' 20.36' 31.57' N2104-47-W 9 167'01'27" 55.00' 160.33' 483.63' 109.30' N2316'42'E 10 20 31'23' 867.00 310.55' 156.96' 308.90' S263258'W CALICO COURT 11 98'02'45' 35.00' 59.89' 40.30' 52.85' N085647'W 12 20'53'19' 100.00' 36.46" 18.43' 36.26' N5031'15 E 13 48 25'20' 85.00' 71.84' 38.22' 69.72 N8510'347E CANDLERTCK DRIVE 14 59 0829' 30.00' 30.9T 17.02' 29.61' S84 46'54E 15 2331'09" 100.00' 41.05' 1 20.82' 40.76' 1 N5353'177E CRANBERRY COURT 16 24'47'09" 30.00' 12.98, 6.59' 12.88' S78 54'15"E 17 43 2532" 45.00' 34.11' 17.92' 33.30' S6935'04'E 18 46 3428' 35.00' 28.45' 15.06' 27.67' N652456 E 19 63'4752" 50.00' 55.67' 31.12' 52.84' S592354"E 20 60'51'30" 50.00' 1 53.11' 1 29.37' 1 50.65' 1 S025547"W 21 98 03'25' 35.00' 59.90' 40.30' 52.85' S8223'15"W 22 36 2835" 50.00' 31.83' 1 16.48' 31.30' N30'20'46W BUTTERSCOTCH COURT 23 16 09'57" 210.00' 59.25' 29.82' 59.05' N362428'W 24 05 25'49" 210.00' 19.90, 9.96' 19.90, N4712'20'W 25 39'05'58" 60.00' 40.95' 21.31' 40.16' N6928'14'W 26 50 54'02" 60.00' 1 53.30' 1 28.55' 51.57' S65 31'46"W 27 90'00'00" 60.00' 94.25' 60.00' 84.85' SO455'15"E 28 76 07'23" 90.00' 119 57' 70.47' 110.97' S8758'57E GOOSEBERRY DRIVE 29 39-05'58" 60.00' 40.94' 1 21.31' 40.16' N2031'46'E 'TH °p `f P. DUANE �, O� n BROWN .Cv � NO. 1285 Jan. /5,2�� q� °� �OF SURv� FINAL PLAT Cross Creek Village ,-w Section 1 Back Creek Magisterial District, Frederick County, Virginia DATE: JANUARY 15. 2001 CURVE TABLE FILE: C:\CROSSCREEK\PLATS.DWG g1bert w. difford do assodates, tna _ ENGINEERS - LAND PLANNERS - SURVEYORS 1 ,0, y 22401 , yt�°A 2200 (540) age-2115 (sto) 667-2t30 6148-3E SHEET 3 27 27 Line Table LINE COURSE L 1 S703646 "E 5.75' L2 N53'3333W 68.67' L3 S8350'31 "W 40.03' L4 N73'3929'W 37.38' L5 N86 45'51 E 18.43' L6 S 76'1343 "E 49.33' L7 N723255"E 44.34' L8 N37'4836"E 58.81' L9 N875224"W 52.59' L10 N44 5131"E 69.46' L11 S43i7'10"E 83.50' Area Summary Area in Lots 4.6649 Acres Area in Open Space 7.3527 Acres Area in R/W 0.9445 Acres* TOTAL AREA SUBDIVIDED 12.9621 Acres *Includes 0.2080 Acres in Ex Rt. 6,52 Prescriptiar. R/W Number of Lots 42 Average Lot Size 4,838 Sq. Ft. Smallest Lot Size 3, 950 Sq. Ft. PIN 63-A-40 Resfduol Area 10.13 Acres EX7S77NG ZONING. RP EXISTING USE: VACANT MINIMUM SETBACK REQUIREMENTS 25' FROM STATE ROAD 20' FROM PRIVATE ROAD REAR = 15' SIDE = 10' (OPPOSITE ZERO LOT LINE) MINIMUM LOT SIZE: 3,800 SQ. FT. Easement Legend MAINTENANCE'. + _ t! " INGRESS —EGRESS," ;, ;'�• rr�r� rr� rr e77�s. r i-rr rT .:WATER. � ►"r��J ii!/i /f/ f;rl r rl i :,f, SANITARY SEWER`:;.; r, ; � DRAINAGE BUTTERSCOTCH COURT, CALICO COURT, CANDLEWICK DRIVE, CRANBERRY COURT and GOOSEBERRY_,_QRIV€ ere--Pfr-ivote--R-©ads -subject Ao .a 20' Ingress —Egress Easement. No buildings are permitted within the Residential Separation Buffer or within any Easement. Detached accessory structures are not permitted. The Residential Separation Buffer is subject to Screening per Section 165-37.C.1.9.2 of the Frederick County Zoning Ordinance. Additionally, a minimum of 20 Landscape Plantings shall be provided on each individual lot. At least 1/4 of the Landscape Plantings shall be trees with the remainder being shrubs. The trees shall be a minimum of two inches in caliper at the time of planting, and the shrubs shall be a minimum three —gallon container at the time of planting. r4i" l P. DUANE O BROWN .' NO. 1285 Jan. l S, tool FINAL PLAT Cross Creek Village o%, Section 1 Back Creek Magisterial District, Frederick County, Virginia DATE: JANUARY 15. 2001 1 GENERAL NOTES I RLE: C:\CROSSCREEK\PLATS.DWG gdbert w. difford do assodd ENGINEERS - LAND PLANNERS -- 160-C owe ammazwk D" <540) Fl6 kk*W9,1W V&O 22401 mi SURVE` ORS 6148-3F 200 Nvth On i m SIrMt SHEET M idmW Wgkgo "11 4 (5" 667-2130 OF 27 C-4 CANDLEWICK DRIVE SEE SHEET 20 OF 27 158-00 54.0 69 Z90 t473*2 #104 -3i 500) Uj 70 102 co C14 4,606 SF ',g -5j -�, C: 71 k.A k rn / r - rn co Co 4= 4,450 SF SA A-- 1EAj, / r, LA 54.0 158.0 3-21' r" 04 t.- OPEN SPACE NIF D. EMORY & AUDREY B. M'LSON 0 DB 374 PG. 520 / G�`� ZONING. RP USE: RESIDENTIAL Lu % y EX WATER ESM T (0B 915 PG. 105) Cross Creek Village PLAT 'TIA op . 1-� ,*Section I llage,* P. DUANE Back Creek Magisterial District, Frederick County, Virginia O BROWN DATE: JANUARY 15, 2001 1 SCALE: 1--74V FILE, C:\CROSSCREEK\PLATS.DWG NO -/.I 'd)7 27 'Kbo�Fz � g8bert w. d asmoclate% Inc. 6148- 3F NO. 855 ENGINEERS - LAND PLANNERS - SURVEYORS 40--c Owe 91 0- *W- D" 200 North Owwwo Sbvk SHEET Jan. 16,2401 no"irimbov. W"la 22401 Wbdwmbw. Vbgkft "Im 5 �4,%,,- .-Co (540) 006-2115 0 20 40 80 (540) 997-2139 OF U swvlr- R1 N o� S SHEET 7 OF 27 - C DRIVE Cam'" i _� N �o N :.::: `` :: ; ,.: OPEN SPACE o x W_ 51"E 158� 0.00 W N \ 54.0 #tp0 2.�. '71 ry a+. ' 4,450 SF 4,606 SF $ A cp \ ` t r fP. DUANE OBROWN��� NO. 1285 .�an, V q�� SURVE, O FINAL PLAT Cross Creek Village o%, Section 1 Back Creek Magisterial District, Frederick County, Virginia DATE: JANUARY 15, 2001 1 SCALE: 1--:Z: FILE: C: \CROSSCREEK\PLATS.DWG gObert w. difford & assodates, Inc. 6148-3F ENGINEERS — LAND PLANNERS — SURVEYORS 160-C ads Aawmidh Oro" 900 Nod Comae SHEET roe", ' ' "ghio 22401 whidmis Viphio 22A01 6 (540) eie-�t1tS 0 20 40 80 (5" W7 r36 OF 27 5 SEE SHEET 10 OF 27 i\ ti~, N 'ti+'.i'+�' e'ar �,. ' 12 .. 1 111 x 45� OPEN SPACE 3 ------------ -<,\�Ns,� - / CRANBERRY 7 COURT N s�9 s,,9ss rtis `��'� s�%• / 4 �e t w 7,061 SF.' J f �� \ 6 J .0 1, . , y o OPEN SPACE CN to 4,806 SF 444,1 y � -!i O J 5 rig ��• 5 .' .,,?�O- 86 :34'49"W P S 9 -, fjj��,x J - / �, �h ems14 •, N M \\... UD SEE SHEET 6 OF 27 71 FINAL PLAT 'TH °F ` Cross Creek Village '`' Section 1 r �. ANE Back Creek Magisterial District, Frederick County, Virginia P. DU.y, O BR DATE: JANUARY 15, 2001 SCALE 1"-40' 1 FILE: C: \CROSSCREEK\PLATS.DWG ggbert w. difford do associates. Inc. 6148-3F NO. 1285 ENGINEERS — LAND PLANNERS — SURVEYORS Jan. /5,200/ 150-C Olds 0�mish DAM 200 Nab 0WIMM Stva SHEET Ff vft l "la 22401 Whd"NW. V 9kao zoo 7 SURv00 9- (540) 086-2115 0 20 40 80 (5i Q67-2139 vc 27 N/F SEE SHEET 9 OF 27 BETTY BARTON STIN£ & 4 i CHARLES B. S11NE DB 835 PG. 317 ZONING. RP USE: VACANT 310 MAINTENANCE EASEMENT _ boo o �a'S3 N81-59'257 F 67.3�0 \ �� 7,061 SF IN 44 N8634'49'W to FINAL PLAT 'TDI Cross Creek village� Section 1 Back Creek Magisterial District, Frederick County, Virginia BDATE JANUARY 15, 2001 SCALE: 1"=40' FILE: C:\CROSSCREEK\PLATS.DWG g1bert w. difford & aasoolatee, km 6148-3F NOENGINEERS — LAND PLANNERS — SURVEYORS pe0Idab-m owe g. %'oid'" 22401 1�id , VUNwth �gin °A �SHEET <q(6W) eels•-2115 0 20 40 80 (5W) d67-21Ja 8 �� OF 27 O C IX r-: 1 1 SEE SHEET 12 OF 27 N/F BETTY BARTON STINE CHARLES B. STINE�O� DB 835 PG. 317 ;` ,e \ ZONING: RP USE: RESIDEN71AL • , 1 s,�9 N/F BETTY BARTON STINE 4.806 SF CHARLES B. STINE ` DB 835 PG. 317 ZONING: RP USE: VACANT 4,420 SF VN S811547 E 11.71 • ��� oo �. 8,462 SF 570• �_. .\ ' S$1•59'25"W 21 g6 5 87.30' o 2 SEE SHEET 8 OF 27 N FINAL PLAT °F yf Cross Creek village � Section 1 DUANE Back Creek Magisterial District, Frederick County, Virginia P. x, BROWN DATE: JANUARY 15, 2001 1 SCALE: 1"=40' FILE: C: \CROSSCREEK \PLATS. DWG gQbert w. difford & associates, Inc. -- 6148-3F NO. 1285 ENGINEERS LAND PLANNERS — SURVEYORS Jan. /5,200/ 1 SHEET VY fo 22401 WbKtwstw. vh*do 2 q� �0, (540) 000-2115 0 20 40 80 (540) 667-2139 9 °G Sul"f OF 27 0 w ----- ------ ,�„ SEE SHEET 11 OF 27 Lp y O ♦ J rr 1604725 "E 9 -_ 26.46' �. CA o ya, 4,806 SF (A-11.94') (A=14.70') cn 4s `,, a DD � •` 9 30. f era y , 1 _ 4,806 SF y 6 `fig 4,806 SF 8 ,. f ti 9 O (R=120.00; N11 A7 O '+ 4 13 4,806 SF ' , "15� .: G� (R= 72.00 ; PEN SPACE:. Y1� c�C�- ,�o — SEE SHEET 7 OF 27 FINAL PLAT °F `f Cross Creek Village ,%, Section 1 ' P. DUANE r, Back Creek Magisterial District, Frederick County, Virginia .�, O BROWN DATE: JANUARY 15, 2001 SCALE: 1"=40' FILE: C: \CROSSCREEK\PLATS.DWG v�� ►� .--� gNbsrt w. difford & associates, Inc. - 6148-3F NO. 1285 ENGINEERS - LAND PLANNERS - SURVEYORS Sian. /5 2po/ 160-C a� a..- 6A Orin 900 Nod 00.m 9ir"'t SHEET �oF10 (ffedwMMU�1b0 20 40 Bswaaa�- OF 0 SURVE 27 0 0 e At OPEN SPACE r' N la, O -��---=��• OAKCREST PROPERTIES, L.L.C. (Remainder — 10.13 Acres) ;'S i:pr' 4,806 Sr "d- °�,;�na'".,�r,��• `\ ti oo.�a'{ ` ,��° ►� - -NV 16 4725 "E : 41450 SF 26.46----5 f 10 56��15 7 THOF; D r� P. DUANE O BROWN a NO. 1285 'F J411, `q��^f0 SURVE�� SEE L—(A=1 (A=15.95 ) 14.70') 1 HERITAGE DRIVE - 50' R/W 10 OF 27 2 FINAL PLAT Cross Creek Village ,%, Section 1 Back Creek Magisterial District, Frederick County, Virginia DATE JANUARY 15, 2001 SCALE: 1"=40' 1 FILE: C:\CROSSCREEK\PLATS.DWG gNbert w. dlfford & associates. Inc. 6148-3F ENGINEERS — LAND PLANNERS — SURVEYORS 150-C dah 200 Nmlh 00— sr..t SHEET fir"kkeWrp. WON 224ai 1 MdMtsr. Vlrpinio 22001 11 (54o) a$ -2115 0 20 40 80 tia) W2 31 OF 27 SEE SHEET 13 OF 27 SEE SHEET 14 OF 2� 1615 {{: 27 OPEN SPACE Z lx W 14�c , W W Y. \ Vi `` /, .: 'f .jam '! .. •'O�` %O ;.� l _ 1` ODO / ..' 5�9. ` ��lj 4,806 SF �,- ss?'' ', �s �^ 28 %+ 12 f. 4,806 SF r —� ` o 10 4,806 SF N/F BETTY BARTON STINE &O,'- i�h�1 CHARLES B. S17NE `�PLl DB 835 PG. 317 S\ i'�OA� �1K' ZONING. RP USE. RESIDENTIAL sroo, c� NSEE SHEET 10 OF 27 FINAL PLAT 'TH °p ` Cross Creek Village '`' Section 1 DtJANE r �,, Back Creek Magisterial District, Frederick County, Virginia P. .Z, O� n BROW �9 DATE: JANUARY 15, 2001 SCALE: 1"=40' FILE: C:\CROSSCREEK\PLATS.DWG ^� qNbert w. dtfford & aseodates. km 6148-3F NO. 1285 ENGINEERS - LAND PLANNERS - SURVEYORS Jan. /5, 200/ 150-C own amum ' D" 20a Ner1h O� 86 "1 SHEET Fnd�fdab�rq, WOW 224M MUd"Aw. VbjkMa 22001 12 C40VD SURVOCfL (540) 806-2N5 0 20 40 80 (W) 667-2139 OF 27 SEE SHEET 14 OF GQ 18 ti NIF THE TREDEGAR TRUST CO., ��pS f �00 h'o s�,9s - `s's�, � SUCCESSOR TRUSTEE DO 807 PG. 656 ZONING: RA USE: VACANT y o / W ?�P�O�1 X /� s 4,806 SF "rN Q Oc 26 NIP4/1 16 4,806 SF 15 4,806 SF X e .,,. o- sb 7 N61170'M/24 Ei `x14 ' < W 4, 806 SF f .�ti ija n 1a s� . f Y E' NIF BETTY BARTON STINE &i-. CHARLES B. S TINE D8 535 PG. 317 OPEN SPACE 13 ZONING: RP USE- RESIDENTIAL , f, ; / RESIDENTIAL SEPAR TI BUFFER SEE _SHEET 12 OF 27 FINAL PLAT IT 01p Gf Cross Creek Village *, Section 1 DUANE ,, Back Creek Magisterial District, Frederick County, Virginia P. �, O n BROWN +-+ DATE: JANUARY 15, 2001 SCALE: 1"=40' FILE: C: \CROSSCREEK\PLATS.DWG ggbert w. difford & aseodates. Inc. 6148-3F NO. 1285 ENGINEERS - LAND PLANNERS - SURVEYORS j4n. /5, 2�I 1FHOr_ tala' , & VbvM 224M w he. Vb SHEET i o ( 8i�we 211b 0 20 40 80 (540) 567-e13 fq�o SURV"E- OF 27 N/F OAKCREST PROPERTIES, L.L.C. - \. THE TREDEGAR TRUST CO., �� ".' . (Remainder — 10.13 Acres) �,� SUCCESSOR TRUSTEE " 08 807 PG. 658 �P ZONING. RA USE. VACANT 20 4,606 SF �9 �� ,�� /00 fie,• ��1 � 9SS;. � �°� , 19 O - + •.� ' k 4 806 SF�° 61, ok 4,806 SF ;� ,� / ` v •Cyr: :j • ec 9CU `sue �� �°��►� 1 29 (R=25) 17 .. F r. .''M O'n2.a < t ^� 7- 26 f.. 25 sc9 • 16 OPEN SPACE -27 SEE SHEET 11 OF 27 FINAL PLAT NTH OP �f Cross Creek Village Section 1 DUANE �, Back Creek Magisterial District, Frederick County, Virginia P. .�, O BROWN •.• DATE: JANUARY 15, 2001 1 SCALE: 1"=40' FILE: C:\CROSSCREEK\PLATS.DWG gEbert w. dtfford & assodates, inc. 6148-3F NO. 1285 ENGINEERS - LAND PLANNERS - SURVEYORS 160-C a" Q =Mwh Dd" M Amom ow"aw Saw! SHEET ,�an. /5,200/ t�MD suRv��cL (540) ers�-M1b 0 20 40 80 (5" ss7-213o 14 OF 27 OAKCREST PROPERTIES, L.L.C. (Remainder N 10.13 Acres) S73'42'43"E 16.97' o f '-347 87' 54.00' h ' Q t0 '10' MA1NMgANCE-- f EASEMENT (TYP.) . ZO +0014 O 51 iY i 4,806 SF `+ * � rn (S607122'E 45.56) #101 !' N88 4210 E 50.00' ".' 50.00' 70.00' tt 52 ego 53 Asa 4,450 SF ' , + Y rr; 4,450 SF r*1 V 03 t .. 1105 � 54 00' + 50.00' ' ' 50.00' S88 42'10"W 308.00' �. i �-NSS 42'100E 47.55' t��(S60-21'227E 37.02) r� ;1 N OPEN SPACE 1� , r TH 0F* L r P. DUANE O BROWN NO. 1285 Ibcnjan/5,2oo1 C4 40 SURVE'0 SEE SHEET 20 OF I I � 0 54 � 4,450 SF r►r= 1 1 I 1107 i 50.00' 9 FINAL PLAT Cross Creek Village ,-,w Section 1 Back Creek Magisterial District, Frederick County, Virginia DATE JANUARY 15. 2001 1 SCALE: 1"=40' 1 FILE: C:\CROSSCREEK\PLATS.DWG ggpbert w. diffwd & associates, Ina 6148-3F ENgNEERS — LAND PLANNERS -- SURVEYORS 160-C ow. tk..�... OrM 200 Noth o.n.on IQ' SHEET (bW) 888-2115 0 20 40 80 (540) e67-2130 OF 27 N61Q5235 "E 29.89' N OAKCREST PROPERTIES, L.L.C. (Remainder N 10.13 Acres) LLJ N88°42'10 "E 347.87' T. . �, - , 54.009.87 50.00 3 EX. WATER ESNT. N . '� (D8 915 PG f 0A) } _f to co .� 6 z N .-F•' 0 0 o.i OPEN SPACE14 g-� 55 iR. o,� 56 57 ; x 4,450 SF rn, +---4,806 SF rni N ! r 10' MAINTENANCE 4,806 SF yr�w w , *� EASEMENT (TYP.) .` ,p5 2� � +±* fill �51 611. � �_ "' _Q2 g9 109 �. t 50.00' . ' . 54.00' S88'42'1U"W 308.00' -` r' -� � � * � ` ' 58 3.950 SF �5+—,�T.•� rTPr 4T�.sY�. ,► .phi' l+.�i�—�-�` w� «-. .nip —.."t �—r•. \ s7R� rues 42'10" 190.59'�� CRANBERRY 104.25' V 5. 86.34^.-. y {r5:� Z'�• ! �00��.^. (R=25 ).; �, • a, o 59 W OPEN SPACE •� Y~A / A . •./ / h r f }• . �r a 60 SEE SHEET 19 OF 27 y K/ FINAL PLAT LTN OF yr Cross Creek Village ^, Section 1 Back Creek Magisterial District, Frederick County, Virginia P. DUANE p� n BROWN 9 DATE JANUARY 15, 2001 1 SCALE: 1"=40' 1 FILE: C: \CROSSCREEK\PLATS.DWG •tY glbert w. diftbrd & aseocWes. Inc. 6148-3F NO. 1285 ENGINEERS — LAND PLANNERS -- StiRVEYORS Jan. /.5 2001 , od" 200 14md- On-- Sus' SHEET cq"o sURVC�& 0 20 40 80 (sw) es7 2139 OF 27 0 0 O � .. H 0p� D P. DUANE BROWN W4 NO. 1285 Jon. /5,Zoo/ < ��0?- q�� SUR`f —_9 FINAL PLAT Cross Creek Village ,%, Section 1 Beck Creek Magisterial District, Frederick County, Virginia DATE. JANUARY 15, 2001 1 SCALE: 1"-40' 1 FILE: C:\CROSSCREEK\PLATS.DWG w. dlffwd & associates, Inc. 6148-3F - LAND PLANNERS - SURVEYORS 150-C old. a - 1 181- DOW 200 North Comes Sheet SHEET muftldaburd, Vk*ft 22401 whidmi" Vkjkw 22001 17 (sw) eos-2115 0 20 40 80 (540) 067-2139 OF 27 I ti. NIF 57 1,E` SEF SHEET 17 OF 27 , NINA J. FLEENOR �62 00DRAIMACE EASEMENT':.• . DB 822 PG. 1539 cv 1� �o ' ZONING: RP USE: RES10ENilAL rj $ : OPEN SPACE. 3,950 SF Lj En LLI y ++5623.0�2 +" ti N/F IMWAM L. Jt JOANN M. McDONNELL `3 59 5, 783 SF �?C o. _ ' -4jN DB 460 PG. 79 ZONING' RP USE: RESIDENTIAL -:..,=t. � . - ....... ....... ._..•_,� \ :.. - EX WATER & SAN. SEWER ESMT. (DB 915 PG. 1035) 6 0 <s. 5,783 SFCN �, a�v 4 61 i 3,950 SF y o cw NS6,. h0�h o�t~ ,�6l �'q mew 62 l r P. DUANE n BROWN9 .0/ NO 285 Jan. 16, 2001 <Rpvo SURdE-(� 115-110b"W 1602. NIF JUDY K. MICHAEL WB 84 PG. 643 ZONING: RP USE: RESIDENTIAL 4.39 ACRES (NO PUBLIC SEWER SERVICE PROVIDED) FINAL PLAT Cross Creek Village � Section 1 Hack Creek Magisterial District, Frederick County, Virginia DATE: JANUARY 15. 2001 1 SCALE 1'=40' FILE: C: \CROSSCREEK\PLATS.DWG g1bert w. difford do associates. Inc. 6148-3F ENGINEERS - LAND PLANNERS - SURVEYORS 160-c 01& mid, 060 200 Worth Onma- 4 SHEET FndrlolaI w YWOM 22401 wledwim "ic "I m 18 (5" m-2t% 0 20 40 80 (5" UT-2131 OF 27 O 0 !V 'A 0 SEE SHEET 16 OF 27 C14 ,<N cz. 66 CN It OPEN SPACE 6 22 0 jr\11% cn 1h�h� h1�• ; ?r0 ` �',� `� y,',� t' --c^:,� �J pp "� 9Ap 8F /> Lw le, 21 65 Xz, 61 4,806 SF 31950 SF 00 Lai L&j �Ng 64 4,450 SF 62 3,950 SF 04 %K4) 63 + 4,450 SF ; 'f�� 6V; �ti'ti 'J cn yv ; � .�� O� � / Sp, �` Sr�� 00• \ / J,cc�' act "4- 1 10 x III II OPEN .9 SPACE DREY 0. EMORY AB. WLSON DB 309 PG. 640 ZONING. RP USE. VACANT NIF JUDY K. MICHAEL WS 84 PG. 643 ZONING RP USE. RESIDENTIAL 4.39 ACRES (NO PUBLIC SEWER SERVICE PROVIDED) FINAL PLAT OP �`�x w Cross Creek VillageSection I ,* P. DUANE Back Creek Magisterial District, Frederick County, Virginia BROWN DATE: JANUARY 15, 2001 1 SCALE: 1. =40' FILE: C:\CROSSCREEK\PLATS.DWG g8bert w. dWord & asmodate*. Inc. 6148-3F NO. 1285 ENGINEERS - LAND PLANNERS - SURVEYORS ,on. 15, 2001 150-4 . WIM 22401 OW Qmwwkh DAN, goat is fthim "11 rest SHEET Fle"Ifthimwhodm(5" M-2115 0 20 40 80 (540) W7-2139 19 do suftvi OF 27 ,CRANBERRY COURT -.25' OPEN SPACE C14 %K' 67 4,450 SF or 68 4,ti 450 SF .. . . ... ... 65 15 CN 01 C3 69 14 4,806 SF Lu-N C14 h /` P�? h'`/nj� �' CAO NIF 70 D. EMORY & AUDREY B. MLSON D8 374 PG. 520 71 ZONING' RP USE. RESIDENTIAL �' /� f" ? EX. WATER ESK SEE SHEET 5 OF 27 (DB 915 PG. 1035)11 FINAL PLAT Ifil OP yf Cross Creek Village ,%, Section I P. DUANE Back Creek Magisterial District, Frederick County, Virginia O BROWN DATE JANUARY 15, 2001 1 SCALE: 1-=40' 1 FILE: C: \CROSSCREEK\PLATS.DWr, g1bert w. difford & associates. Inc.- 6148-3F NO. 1285 ENGINEERS - LAND PLANNERS - SURVEYORS 150-C owe 9 air. moo tjorift fl- - SHEET Jan. 2,001 V10 2210f wh- A "bu "10 "1 1 <-I S0 09- (5" aft-2113 o 20 40 80 (5" 967-2139 20 0 OF 27 16 15 14 17 OAKCREST PROPERTIES, L.L.C. (Remainder — 10.13 Acres) 'W 7019' 1� \� S7319 29 E 93.34' 20' WATER EASEMENT N/F BETTY BARTON STINE & CHARLES B. STINE r .'x P. DUANE 4� BROWN�9 NO. 1285 .;an. /5,.2001 C41vo SURve� - r. C'4 0 W 51 52 53 c=n j o �, CBANBmtRy COUFT /O 67 IN./ 68 69 FINAL PLAT Cross Creek Village %, Section 1 Hack Creek Magisterial District, Frederick County, Virginia DATE: JANUARY 15. 2001 SCALE: 1"=100' FILE: C: \CROSSCREEK\PLATS.DWG gAbwt w. difford & associates, Inc. 6148-3F ENGINEERS - LAND PLANNERS - SURVEYORS 150-C Olds Crammiah DrM 200 Nm1h Cwn. 96Mt SHEET no"kimbur9. Vk1k9b 22401 Wbtdmtw. Vkgbia 2201 21 (540) eaa-2115 0 50 100 200 ice? � 21� OF 27 O L7 1 OAKCREST PROPERTIES, L.L.C. (Remainder — 10.13 Acres) 20' WATER EASEMENT N o ^- -- EX. WA TER ENT. N16 40'3t'E (DB 915 PG. 1035- " J W~ '� 5i 52 53 54 55 56 57 1)v 37 . 929 iy 14 _ _ 5t / 3 CRANBERRY COURT..CRANBERRY COURT 20' WATER EASEMENT66 S {: N15 00'14 "W 33.78' / 68 65 / 61 69 64 62 TH OF L P. DUANE O'10 n BROWN NO. 1285 .ton. /52ui CgAjo SUR je N/F AWY K. MICHAEL FINAL PLAT Cross Creek Village,*- Section 1 Back Creek Magisterial District, Frederick County, Virginia DATE JANUARY 15. 2001 1 SCALE. 1"=100' I FILE: C:\CROSSCREEK\PLATS.DWG gabert w. difford dt associates. Inc. 6148-3F ENGINEERS -- LAND PLANNERS - SURVEYORS 150-C owe QM VAoh D" 200 Nod Con -on S*wt SHEET flVM M 22401 Whdw.tw. Vk*io 22001 22 (5" e86-2115 0 50 100 200 (50) 667-2139 OF 27 60n1'23'W M.79' 17 F F S4954'18 E 164.75' 16 F 44 15119' - 20' SAN. SEWER EASEMENT 15 - OAKCREST PROPERTIES L.L.C. (Remainder - 10.13 Acres) \ S40n5'42"W 173.96' 14 EX 0 SAN. SEWER W E ! F JD8 915 PG. 1035) IN / 27*44'07E 200 08' 13 �, 12 8 \ S8974'15E 9------- 11 - 10 S1 r'1548'W 7 `7c� NIF 6 N1115 48 E 40.65' BETTY BARTON STINE & CHARLES B. STINE `\1 5 W 51 52 53 N 20' SAN. SEWER EASEMENT -- ------ � l i 3 COURT _\ � 2 1 20' SAM. SEWER EASEMENT 67 .43 y GAO 68 69 . Gr FINAL PLAT TRH OF ` Cross Creek Village Section 1 1 ` ,,, Hack Creek Magisterial District. Frederick County, Virginia P. DUANE .� O BROWN *-+ DATE JANUARY 15. 2001 SCALE: 1"=100' FILE. Q \CROSSCREEK\PLATS.DWG g1lbert w. dffford & associate% Inc. 6148-3F P. 1285 ENGINEERS -- LAND PLANNERS - SURVEYORS JIa', 15 200/ 150-C Did* QM.lah D" boo Worth em"Mm 91r�t SHEET <q� off` < t 0 50 100 ZO — 23 �O SURV`- 0! 27 O CO OAKCREST PROPERTIES, L.L.C. (Remainder - 10.13 Acres) 53 54 55 56. 57 20' SAN. SEWER EASEMENT 4 /y 58 1 _CRANBERRY COURT � S83 66 15 67 68 65 61 69 64 62 63 6 4 < Z 'Vii O� P. DUANE BROWN NO. 1285 142�j'- '1-A ,0 EX. WA TER & SAN. SEWER (08 915 PG. 103 5 \9,,\" RES T. F N IF NINA J. FLEENOR NIF MWAM L. & JOANN M. McDONNELL 169 07- to 74 NIF JURY K. MICHAEL FINAL PLAT Cross Creek Village ,%, Section I Back Creek Magisterial District, Frederick County, Virginia DATE- JANUARY 15, 2001T77A7-- 7 1-=100' f FILE: C:\CROSSCREEK\PLATS.DWG ENGIXW w. dIfford & atm Inc. 6148-3F - LAND PLANNERS - SURVEYORS 150-C owe 200 No" Ca - w SHEET AWsk'sling. Vbqk 22401 vr4"*w*tw. Vb1boo 24 (5" 006-2115 0 50 100 200 (5" 067-2M OF omoi—=� 27 I N THE TREDEG TRUST CO., SUCCESSOR TRUSTEE 20 y 15.62' / 19 35' DRAINAGE EASEMENT / 18 fl`=/ 17 / .I OAKCREST PROPERTIES, L.L.C. 16 �kh (Remainder N 10.13 Acres) 15 —20' DRAINAGE 14 •. �\ �ja - 13 12 8 \� \ n I 1 10' DRAINAGE EASEMEN T 10 20' DRAINAGE NIF S60104WE BETTY BARTON STINE & CHARLES B. STINE 7 4 6 r 5 4 /cam SEE SHEET•26 OF 27/ I i;. . rTH of y r P. DUANE O BROWN NO. 1285 j an./5,.200l gA�O 51 FINAL PLAT Cross Creek village ,%, Section 1 Back Creek Magisterial District, Frederick County, Virginia DATE: JANUARY 15. 2001 1 SCALE: 1"=100' 1 FILE: C:\CROSSCREEK\PLATS.DWG gNbwrt w. diffod do associates. Inc. 6148-3F ENGINEERS — LAND PLANNERS -- SURVEYORS 150-C a& arMeduh Orivs 200 Mw11+ f' , - - SW'd SHEET ti.a.ndu— I& vvvm zMM Wkvdwdm va'sr+b 22001 25 (boo) aoe_-211s O SO 100 200 (5i M7-2139 of 27 I 13 NSEE SHEET 25 OF 27 \ 12 8\\ OAKCREST PROPERTIES, LL C. 11 9 (Remainder N 10.13 Acres) 10 7 N N/F 6 0 BETTY BARTON STINE & N03102' 109.31' CHARLES B. STINf W 5 52 53 � 4 51 W \ bIA ami COURT 2 20' 0RA1NA X EASMENT % p 66 67 A. a68 ~ZoA t 6 °0 70 72 71 o! FINAL PLAT .Tx °p p Cross Creek Villageow Section 1 Back Creek Magisterial District, Frederick County, Virginia P. DUANE �, C BROWN +-• DATE JANUARY 15, 2001 SCALE: 1"=100' FILE: C:\CROSSCREEK\PLATS.DWG V �.(�cc.�..�� 1bert w. diffor+d & aseoatates. Inc. 6148-3F NO. 1285 ENGINEERS - LAND PLANNERS -' SURVEYORS .tan. /5 2ool 150-C 0I& Cn w" DAM 200 "-H Own— Sbwt SHEET ' FhWwkkdmM VIP" 224M ttiwhw. w. VirijNa Z?�Ot 26 tgtio sURv��c� (No ens-ztt6 O 50 100 �O ( 6a7-2t3a OF 27 O O 9 OAKCREST PROPERTIES, LL.C. (Remainder N 10.13 Acres) o� Fyn O 20' DRAINAGE EASEMENT—� 24.22'CAD C14� F---i �., DRMMMAGE EASEMENT` 10' DRAINAGE. EASEMENT i 5,3 54 55 56 57 N/F N T.: NINA J. FLEENOR 20' DRAINAg EASWNT 58 1878g• cFANBsW COURT NF 12 VE 97.26' , 59 VVWAM L 3t ,0 / ¢3943•f '�. ��o JOANN M. McDONNELL ,0 66 20' DRAINAGE EASEMENT_,` !� \ a, 10' DRAINAGE E T� ` G 67 / 60 �H 68 65 �� 61 69 64 ��:� 62 63 N/F JUDY K. MICHAEL f ti qr o s04, FINAL PLAT 'TH op t, Cross Creek Village,*, Section 1 *0, Back Creek Magisterial District, Frederick County, Virginia P. DUANE O /1 $RO�/N �-+ DATE JANUARY 15, 2001 SCALE: 1"-100' FILE: C: \CROSSCREEK\PLATS.DWG gq1bert w. difford dt associates, Inc. 6148-3F NO. 1285 ENGINMRS — LAND PLANNERS — SURVEYORS Jan. /5, 200/ 150-C 0W@ ar mmkh Orb' 200 NMI- Owaw4e 91 SHEET 0. Vb9k 22401 U .4 1&-- V69h 22001 27 Cq�o suR��c� 7 2 (5" see-2115 O SO 100 200 (3" estso OF 27 0 VIRGIIVIA: FREDERICK COUNTY, SCT This instrument of writing was produced to me on &a' a4 at '� . P /f ]. .....'.Iva �13424< 9v�004 +00+G0|�}+G@ �4/]0/�7 Taree� Phs$o -! Ate 6.. dw po,vo"+ .g 4dm..w�__ 4 % �13424( 7A>0i'l2 +�0+00/00�00 04,10/07 7areet Pkofo �p x .I. w r I K ��r/A -,-- < J �- _ R i t �13424{22A>017 +@0^00+0���� 04/10'07 Tar�set P�u�v 4 r'!, a .. a, r .R- i � Y4YI'x. J, <i .y, ti 6 !� a` ''�'r� r � !• r. � � �' Mr 4c .. .. Ys �{r^s�'�/r� � ..tea,. �I.IM fib/.ems" ��� � Ib V � _ �.R' yw,' ✓ a v y f � 1.'. '�, -9'� plti�'t V f' y� �' ie o .. � �,. _ ., Mp �i � era :..�: .. +,:i P 0 w Asphalt chunk from middle of walkway on Ladderback Ct CrossCreek Village, Winchester, VA • Note 1/2 inch thickness • Note mud on bottom side of asphalt chunk, this walkway was installed on top of dirt with no underlying base material or compacting. • Industry Standards for asphalt walkways: 2 to 2 1/2 inches thick installed over compacted aggregate base material. • Normal useful life expectancy of asphalt walkway: 15 years • This walkway started breaking uv in less than one year. Sanwie of detective walkway gt a Reference for above information: (1)Estimates and comments from three different local Asphalt companies (2)National Construction catalog (3)R S Means Building Construction catalog (4)PVOVA, Inc - Regional Orientation Seminar L;; Cross Creek Homeowners AssociationR, Board of Directors August 24, 2005 President James E. Clark III Vice -President Leon F. Jackson Jim Vickers Secretary OakCrest Builders Shirley A. Burrows 2055 Vallev Avenue Winchester, VA 22601 Treasurer Patsy Baker At -Large Members Dear Mr. Vickers: Norbert A. Bonjo June Brogley In anticipation of the transfer of the common areas and infrastructure at John M. Ebersole Marjorie Glier Cross Creek Village to the ownership of the homeowners association, we wish Russell E. (Gene) Kidwell to bring to your attention several matters that we believe are in need of remedial action before we accept full responsibility for operation and maintenance. , We also want you to know that we appreciate the outstanding relationship that we have enjoyed with OakCrest. We will do our best to protect and enhance the quality community that you have established for us. The resolution of the following issues will help to ensure that we begin our stewardship without facing immediate needs that if unresolved could be detrimental to the community that both you and we want to be proud of. 1. GRADING ALONG PROPERTY LINE WITH OPEQUON CHURCH. Currently neither the church nor CCV can mow the strip along the property line. The unmaintained area is both an eyesore and haven for varmints. Leveling and seeding, in part, is needed. We are certain the church would pay for any work done on their property, but CCV has more at stake (area is out -of -sight of church). OakCrest did not leave property line markers, so fair -sharing of cost is unknown. We seek your lead on this matter. 2. CONCRETE GUTTER AND SIDEWALKS. The sidewalk and gutter at Lot 34 are depressed. The sunken sidewalk poses a tripping hazard. The gutter does not drain. While the standing water is a nuisance in warm weather, it freezes during cold weather. Replacement appears necessary. The entrance walkway at Lot 72 has spalled seriously and needs repair. Patching of the spalled curb at Lot 50 is needed. 3. FLOODING ON LADDERBACK COURT. During most rainstorms, drainage backs up and covers entire street, walkway in park, and grass in park. The area drains within an hour or so. If pipe should become clogged, the flooding would be particularly hazardous during freezing conditions. It appears that the designer miscalculated the drainage load or pipe size. Please investigate. Page 2 Jim Vickers 4. SUNKEN TRANSFORMER. The electric transformer box between lots 15 and 16 has sunk a foot or more into the ground. The box is no longer accessible to the electric company. But, worse, the condition could result in a major power failure. We have been told that the unit is serviced with over 7,000 volts. The electric company claims that correction is not their responsibility since the condition is a failure due to insufficient soil compaction. We appeal to you for repair. 5. IRRIGATION SYSTEM LEAK. We believe there is an underground leak at the irrigation hydrant in the Ladderback Court park. The tell tale sign is higher, greener grass. It is not caused by an above ground leak This needs investigation and repair. 6. ENTRANCE SIGN. Two of the anchors at the new sign are loose. We understand that lighting also needs to be installed on both sides of the entrance with, hopefully, a solar lighting control and timer shut-off. We thank you for the unique design of the new sign. It is a definite complement to the property and a needed confirmation for visitors. 7. STANDING WATER BETWEEN LOTS 4 AND 5. We understand there is some history to this condition, but our current concern is the condensate from air conditioners that does not run off. The standing water collects scum and is a potential breeding place for mosquitoes, not to mention what it means to foot traffic. We note that rainstorms also cause water to pond. A longer drain pipe appears necessary to rid us of these problems. 8. BARE SPOTS IN LAWN. The lawn east of the CCV entrance on Apple Valley Road cannot establish due to shale outcrop and no soil cover. Because of the importance of the image that our entrance creates, we believe that a layer of topsoil is required to allow that area of lawn to become established. 9. OUT -OF -PLUMB POLES. Many of our lamp posts and street sign poles are leaning. To residents and visitors alike, this is extremely unsightly. We believe if corrected, the problem should not reoccur. 10. DRAINAGE -PIPE OBSTRUCTION. A wooden board inside a CMP could cause a future blockage. The pipe is located in the drainage way within the central common area between Ladderback Court and Butterscotch Court. 11. AS -BUILT PLANS. We are in possession of as -built plans for the water and gas line systems. We do not have irrigation system, electric, telephone, TV cable, or sanitary sewer hook-up plans. Can these be furnished? Also, rumor has it that three wells exist on the property. If so, what are their functions and locations? Please let us know whether you would want to meet on site to see any or all of the conditions that we have described. Again, we thank you for all you have done in the past for us and we look forward to a successful resolution of these remaining issues. Sincerely, James/E. Clark III cc: VMark R. Cheran, Frederick County Zoning Administrator Gene E. Fisher, Frederick County Supervisor Don Butler, Virginia Property Group March 7, 2007 To: Mr. Eric Lawrence, County of Frederick, VA, Planning Commissioner Department of Planning and Development From: Thomas A. Dowell Member/Resident CROSSCREEK VILLAGE COMMUNITY 109 Calico Ct., Winchester, VA 22602, Phone: (540)723-0859 Subject: CrossCreek Village: Request that the OakCrest surety bond be held by the county, until the following issues are resolved. Dear Mr. Lawrence: I would appreciate your reviewing and acting upon the following two issues. Issue#1: It seems that improper screening was installed behind three homes on Calico Court(105,107,109), adjoining the Stine property. County code 165-37 calls for full interior residential screening in this area. The correct screening package was installed throughout the rest of the community. All residents with homes backing up to this area would like the proper residential screening buffer installed, as required by county code. If there was any type of waiver granted, I would like to be furnished with a copy. Please include who granted the waiver, reasons for the waiver and who requested the waiver. The total number of trees required by the site plan have not been installed in the community by the developer, so the few additional Leland Cyprus trees needed should not be a problem. Issue #2: It has been brought to my attention by our CrossCreek Board President, James Clark, that OakCrest Builders will be making repairs to our walkways during March 2007. Mr. Clark was told by OakCrest that they would be filling cracks with sealer, and then sealing over all of the walkways. It is my opinion, that this is nothing more than covering up poor workmanship, with more poor workmanship. Our Homeowners Association has had two different companies inspect the walkways and give estimates for needed repairs. Both stated that the problem with the walkways was poor workmanship when originally installed. During a walk through with Mark Cheran on two different occasions, two different OakCrest employees stated the walkways were failing due to poor workmanship by the original installer. Also during the walk through, in reference to the sidewalk issue and poor workmanship, it is my recollection that Mark Cheran stated, " Is it wrong? Damn right it's wrong! Would this ever happen again other than your development? Probably not! I'll get to it eventually, and try to make the best out of a bad situation". I don't believe the planned OakCrest repairs is the best solution to our walkway issues. This has been an ongoing issue for over two years. Early on it was stated by OakCrest and Mr. Cheran that there are no county regulations, guidelines or code for installing walkways. I find this hard to believe since we are a community of senior adults with an average age of seventy five years. Many of our residents are handicapped and use wheelchairs, walkers, canes, and leg braces. In OakCrest advertising and brochures they state " The development (CrossCreek) has been especially designed, constructed, and equipped to meet the special needs of senior adults, where they can enjoy independence and security". I also believe there is a liability issue should someone trip, fall or be injured as a result of improperly installed walkways. When granting the sidewalk waiver I can't imagine that Mr. Evan Wyatt and the planning commission envisioned walkways that would be a hazard to handicapped homeowners after one year. OakCrest Builders state in their information and warranty manual.... "As the largest builder in the Winchester -Frederick County area, Jim Vickers and OakCrest Builders provide homeowners across the region with the highest quality and services available". I believe that if Mr. Vickers will come back to our community, and take a walk on the walkways in question, he will want to make the quality repairs as stated above. If not, it is my opinion that the above statement is nothing more than Puffery of the worst kind, as defined by the Federal Trade Commission(FTC). One final thought: In our walk through with OakCrest and Mr. Cheran, it was stated that, Chris Moen and Greg Unger are instrumental in deciding if needed repairs are made in OakCrest built communities. I am troubled by this, and it is my opinion that this might be a conflict of interest. Both gentlemen sit on the Frederick County planning commission and also work for OakCrest, during a dispute it is difficult to serve two masters equitably. I'm assuming the county does represent the people. I request that the County not release the OakCrest surety bond being held on behalf of CrossCreek Village, until the above mentioned issues, and all other unresolved issues have been disposed of. If needed, I am available to meet with County Officials or OakCrest staff. I can be reached at the above telephone number. Thanks in advance for your help in this matter. Sincerely, Thomas A. Dowell CC, Mr. Jim Clark, President, CrossCreek Village HOA Mr. James T. Vickers, OakCrest Companies, Inc. Mr. Mark Cheran, Frederick County Zoning Administrator OakCrest BUILDERS INC Where life happens. 2055 Valley Avenue Winchester, Virginia 22601 540.722.4100 Fax 540.662.8825 www.oakcrestbuilders.com SEP 27 t9 September 23, 2005 Mr. Jim Clark, III Cross Creek Village HOA 126 Ladderback Court Winchester, VA 22602 Dear Mr. Clark: We would like to thank you again for taking the time to noting your concerns and providing valuable feedback to us. In response to your recent letter dated September 20, 2005, OakCrest Builders is committed to accommodating your needs. Although VDOT has accepted the condition of maintaining and repairing Heritage Drive, OakCrest Builders recognizes your request and concern of this situation and wants to fulfill it in an appropriate way. A representative from OakCrest Land Development and Milam's Landscaping and Garden Center inspected the area on Friday, September 23, 2005 and found no public water or private irrigation system in the vicinity of the settlement. We have scheduled Milam's Landscaping and Garden Center to repair the area by adding top soil and grass seed on Monday, September 26, 2005 weather permitting. Also, Ivan Snapp, production manager of OakCrest Builders, will be meeting with you Tuesday, September 27, 2005 at 9:00 a.m. regarding any open items from your letter dated August 24, 2005. As always, we appreciate your business and the opportunity to serve you. We look forward to accommodating your concerns and addressing any unanswered items. Sincerely y urs James T. Vickers CEO cc: Mark R. Cheran, Frederick County Zoning Administrator Gene E. Fisher, Frederick County Supervisor Don Butler, Virginia Property Group Cross Creek Homeowners Association r` Board of Directors September 20, 2005 President James E. Clark III Vice -President Leon F. Jackson Jim Vickers Secretary OakCrest Builders Shirley A. Burrows 2055 Valley Avenue Treasurer Winchester, VA 20001 Patsy Baker At -Large Members Dear Mr. Vickers: Norbert A. Bonjo June Brogley This letter is to supplement my letter of August 24 regarding a property John M. Ebersole Marjorie Glier transfer to Cross Creek Village. Russell E. (Gene) Kidwell An additional problem has been recently discovered in the right-of-way of Heritage Drive. A sink -hole type cavity under the sidewalk has been reported to the state transportation department because the problem involves the state road. I wanted to be sure that you were aware of this condition since the homeowners association does not consider the repair its responsibility at this time. If not mistaken, we understand that state representatives will be in touch with your office to resolve the problem. Please also note two errors in my August 24 letter. The sidewalk and gutter depression (item 2) is located at lot 43 and not lot 34 as stated in the letter. The sunken transformer (item 4) is located between lots 16 and 17 and not 15 and 16. Again, we look forward to a successful resolution of these remaining issues and thank you and your staff for the friendly working relations we have enjoyed. Sincerely, James E. Clark III 126 Ladderback Court Winchester, VA 22602 cc: Mark R. Cheran, Frederick County Zoning Administrator ✓ Gene E. Fisher, Frederick County Supervisor Don Butler, Virginia Property Group OakCrest BUILDERS INC Where life happens. 2055 Valley Avenue Winchester, Virginia 22601 540.722.4100 Fax 540.662.8825 www.oakcrestbuilders.com E P 2 1 ,`' September 20, 2005 Mark R. Cheran, Frederick County Zoning Administrator 107 N. Kent Street Winchester, Virginia 22601 Re: Response Letter Dear Mr. Cheran: Please find attached a copy of the response letter to Cross Creek HOA. This is in reference to Cross Creek Village HOA open issues letter dated 8/24/05. If you have any questions or concerns, please feel free contact Ivan Snapp, Production Manager at 540-722-4100. Best Regards, l Melissa Tisinger Quality Control Coordinator January 20, 2006 To: Mr. Eric Lawrence, County of Frederick, VA, Planning Commissioner Department of Planning and Development From: Thomas A. Dowell Member/Resident CROSSCREEK VILLAGE COMMUNITY 109 Calico Ct., Winchester, VA 22602, Phone: (540)723-0859 Subject: CrossCreek Village Dear Mr. Lawrence: It has been brought to my attention by our Board of Directors that OakCrest Builders has refused to replace or resurface improperly installed asphalt walkways in our community. After only one year, many of the walks have potholes, loose gravel, large cracks, do not drain properly, are uneven, and not built to the proper thickness. We have had weeds and mud come up through the middle of the walks due to the asphalt not being thick enough. It was stated there are no county regulations, guidelines or code for installing walkways. I find this hard to believe since we are a community of senior adults with an average age of seventy five years young. Many of our residents are handicapped and use wheelchairs, walkers, canes, and leg braces. If as stated above, there are no Frederick County regulations for installing walkways, I will work hard to have this changed with local, state and federal officials, and also with committees involved in the "Americans with Disabilities Act"(ADA). In OakCrest advertising and brochures they state " The development has been especially designed, constructed, and equipped to meet the special needs of senior adults, where they can enjoy independence and security". It would seem this statement should apply to walkways as well. I also believe there is a liability issue should someone trip, fall or be injured, as a result of improperly installed walkways. In a document dated 02/02/2000 OakCrest requested an ordinance waiver from the county as it relates to curb and gutter and sidewalks in our community. This concession was granted by Evan Wyatt and the Frederick County planning commission on 02/16/2000. OakCrest saved thousands of dollars on concrete and other related cost as a result of this concession. Also, only 50% of the required walkways were installed saving OakCrest even more money. It would seem this savings could be used to construct walkways that last more than one year. The walkways were also required by the parks and recreation department as recreation units for open space requirements. Documents referenced above can be found in Frederick County files. OakCrest Builders state in their information and warranty manual.... "As the largest builder in the Winchester -Frederick County area, Jim Vickers and OakCrest Builders provide homeowners across the region with the highest quality and services available". After seeing the poor performance of the installed walkways, I question whether they were installed by a licensed contractor. If they were, who is the contractor and is there a warranty? After one year, new homeowners should not be expected to foot the bill for resurfacing walkways installed by the developer. If OakCrest will not correct the defective walkways, I find the above statement of quality and services questionable. I can't imagine that Mr. Wyatt and the planning commission envisioned walkways that would be a hazard to handicapped homeowners after one year. For that reason I request that the OakCrest surety bond being held by the county, be used to replace or repair the existing walkways. I will be out of town during February, but will be available after March 1 Oth if you would like to meet with me on site concerning this problem. I will also be available to meet jointly with county officials and OakCrest if you deem it necessary. I would appreciate confirmation from the county of any resolution or decision related to this issue. Thank you in advance for your help in this matter. Sincerely, Thomas A. Dowell CC, Mr. Jim Clark, President, CrossCreek Village HOA Mr. James T. Vickers, OakCrest Companies, Inc. Mr. Mark Cheran, Frederick County Zoning Administrator Mr. Gene Fisher, Frederick County Supervisor Page 2 March 22, 2006 To: Mr. Mark R. Cheran, County of Frederick, VA Department of Planning and Development From: Thomas A. Dowell Member/Resident CROSSCREEK VILLAGE COMMUNITY 109 Calico Ct., Winchester, VA 22602 Phone: (540)723-0859 Subject: OakCrest Builders walkway problems and other issues. Appointment confirmation. Dear Mr. Cheran, Thank you for taking time to discuss the above mentioned issues with me on 3/22/06. I found it very informative and look forward to our next appointment to review the issues we discussed on site. As agreed upon the appointment will be at 2:00 in the afternoon on 3/29/06, we can meet at the community center as you enter our development. As you requested, I have contacted Mr. Jim Clark our Homeowners Association President, he will be present at our on site meeting also. As discussed at our meeting, I request the county not release the OakCrest surety bond until all remaining issues/problems are resolved in our community. Mr. Cheran, thank you very much for your help and guidance on these issues. Sincerely, Thomas A. Dowell CC: Mr. James Clark, President, CrossCreek Homeowners Association. OakCrest COMPANIES 2055 Valley Avenue Winchester, Virginia 22601 540-722-4100 fax 540-662-8825 www.oakcrestbuilders.com OAKCREST BUILDERS, INC ERA OAKCREST REALTY, INC OAKCREST PROPERTIES, LLC MERIDIAN PROPERTIES, LLC November 12, 2004 Mr. Eric Lawrence Director of Planning and Development Department of Planning and Development, Frederick County 107 North Kent Street, 2nd Floor Winchester, Virginia 22601 RE: Cross Creek Village — Landscaping Calculations Eric, Thank you for taking the time to meet with me last week to review the landscaping requirements for Cross Creek Village. As you know, OakCrest worked very hard with the County staff to draft the landscaping requirements for small lot communities such as Cross Creek Village with the intent of providing beautiful and livable neighborhoods. The zoning ordinance was written and adopted prior to the construction of any such communities and we quickly learned that the number of trees required per lot was not conducive to a healthy neighborhood. The trees would have had to have been placed too close to each other which would not allow them to grow in a healthy and strong manner. In addition, the trees would have been planted too close to the homes which would have created maintenance problems with leaves in the gutters as well as the possibility for mold to grow on the sides of homes due to a lock of proper air circulation and sunlight. We responded to this opportunity by requesting to plant the same number of trees and shrubs as were required, but do so primarily in the open spaces as opposed to on specific lots. The county staff agreed to this modification and we agreed to plant (2) trees per lot on the actual lots, (3) trees per lot in open spaces and (15) shrubs per lot on the actual lots. Please refer to attached sheet number 1 of 4 for a brief synopsis of the zoning ordinance requirements and approved changes. In addition to the landscaping requirements as outlined above, there were requirements for specific perimeter landscaping and buffering which is detailed on the approved construction plans. We have taken an exhaustive inventory of the perimeter landscaping installed and have concluded that we need to plant (18) additional schip laurels along the battlefield as well as install a split rail fence along the property line at the battlefield. Please refer to attached sheet numbers 1 of 4 and 2 of 4 for a list of the required buffers and perimeter landscaping as well as a list of the buffers and perimeter landscaping that have been installed. Landscaping requirements for individual lots and open spaces are outlined above. The landscaping that has been installed on individual lots is shown on attached sheet number 2 of 4. The landscaping that has been installed in open spaces is shown on attached sheet numbers 3 of 4 and 4 of 4. Please refer to attached sheet number 4 of 5 for the total number of plants installed that count towards the county requirement for lots. Note: this number does not include any of the required buffer or perimeter landscaping. On sheet 4 of 4, we explain the total number of trees and shrubs installed. We calculate a total of (240) trees and a total of (2,936) shrubs. We have planted fewer trees than required by the ordinance and a surplus of shrubs. At the bottom of attached sheet number 4 of 4 we explain our rationale for the credit that we are expecting for the surplus shrubs that have been planted and how the value of these shrubs relates to the value of the trees that they replaced. Our calculations show that the (1,571) surplus shrubs have the same value as (196) trees. With this in mind, we still need to plant a minimum of (19) trees at Cross Creek Village. In summary, the attached documentation shows that once we complete the split rail fence along the battlefield, plant an additional (18) schip laurels along the battlefield and plant a minimum of (19) additional trees within the community of Cross Creek Village, we will have met or exceeded the landscaping requirements as shown on the approved construction plans and/or through various agreements with adjoining property owners and county staff throughout the course of this project. Again, thank you for all of the time and effort you and Mark Cherin have dedicated to helping us make this a successful project. Thank you for the time you have spent reviewing the landscaping issues with us. I have provided signature blocks for you and Mark Cherin to indicate that we have met to discuss these changes and that you each agree that the requirements listed in the summary will complete our responsibility for all landscaping requirements in Cross Creek Village. (Note: We will continue to warranty all plants installed for a period of one year from the date of initial planting.) Thank you for your flexibility which has allowed us to revise the construction plans to meet the wishes of the property owners in Cross Creek Village by allowing the additional visitor parking spaces to be constructed as well as removing some of the walking trails that homeowners association felt were undesirable. cue Date Mr. Mark Cherin Date and Development Zoning and Subdivision Administrator Sincerely, MatZkR4oI!ezrtsIon2,CLIAI-=�- President, OakCrest Land Development OakCrest Companies Encl. Sheets 1-5, Landscaping Calculations, Cross Creek Village Cross Creek Planting Tabulation rev. July 22, 2004 Cc. Vaughn Foura, OakCrest Builders gem m -CAL.'— � AA --_______ ..__..____ S. .d►.a w��.o cJ 'PQ'��;�-� (.-'1�� 3- �c� -�vv _v_E.��Aivfl tJ1C?CG_e,�z _ __---�_____�� ~~ - -----'---'---'---'----------------�---r--'-------------------- ----------- I -JCAA - -_____' SliEc-S �J �- __! Z04 _..._.._._.__—_.____.���?•_ Cz,`�� _'�.1n�._ovS _��'E�"-------- .4�.oNSti ��'Svc.�tg�__�__.—.._..____.._.__.....-__-__ _. — _._._ _-.___._�_ � • � �� _cJt� !?4S o v S � f+•F�"S __., _ _____ _ .dLe e.Y�^ W c3n�F�Z+so�,.�_ ____._._________ _�__._ tb. C� t �._) '�,G•[>voo �._�R�c_S - o�.. _.. Pa,ao---��'��--��- �-1- S`� -I3- 1t� CL—w . UdITc- 1 isZ1s3 �zli , s "�Lkxw = \ - -- ---- ---- zor ---- ------- - ----- \OILS `qu NOV 1 8 2004 q1.i�o?oGa Mr. Vickers OakCrest Builders Inc. Winchester, VA 22601 Please do not put asphalt paths for walking in Cross Creek Village Subdivision. The reason are as follows: (1) Paths are not lighted and would pose a safety problem (which would increase our insurance if there were an accident). (2) The appearance of asphalt paths would not be appealing and lower property values of houses whose lot are close to path. Neighborhood as a whole would also suffer. (3) Privacy of homeowners would be intruded upon, other people would use paths not in neighborhood (bikes, etc.). (4) Maintenance would be required; and an added expense to Cross Creek Village home- owners association. The saving from not putting in the paths would be better used to plant trees. 1. Improve subdivision appearance. 2. Prevent erosion. 3. Keep temperatures down in summer. 4. Have benches under tree for neighbors to gather. The attached is a copy of Cross Creek owners signatures and lot numbers. Your attention to this matter is appreciated. Yours truly, c��lYlei Mi dred Sc ulz '000l Gam` �`� CP s '`'"J jej 5 / 'k +- 6 / Z o 7- 41:> 7 Summary of information received is: 2 - Did not sign, would like path. 25 - Do not want path (se" petition. 5 - Homes were vacant. 1 - Was not at home when tried to reach. S Feb 14 05 01:10p Thomas Dowell 540-723-0859 p.1 Send to: Department of Planning and development: From: Thomas A. Dowell Attention: Mr. Eric Lawrence Date: 2/14/2005 Office location: 107 North Kent St. Winchester, VA 22601 Home location: 109 calico ct. Winchester, VA 22602 Fax number: 540-665-6395 Phone number: 540-723-0859 Total pages, including cover. Comments: Dear Mr. Lawrence; When meeting with Mark Charen this morning, he stated that he had no record of receiving a certified letter mailed to you on 5/17/2004. The letter was in reference to site plan problems for CrossCreek Village, and also a request to not release any bond the county was holding for this community, and it's developer OakCrest Builders. Twill transmit a copy of this letter and the return receipt along with this FAX cover letter. Additionally, we discussed the possibility of setting up an appointment or meeting with you, to discuss several unresolved issues as it relates to our community and OakCrest Builders. I will give you a call later in the week concerning the appointment. Thanks in advance for you help in this matter. Best Regards, Tom Dowell Feb 14 05 01:11p Thomas Dowell 540-723-0859 p.2 May 17, 2004 To: Mr. Eric Lawrence, County of Frederick, VA, Planning Commissioner Department of Planning and Development (Certified mailing) From: Thomas A. Dowell Member/Resident CROSSCREEK VILLAGE COMMUNITY 109 Calico Ct., Winchester, VA 22602 Phone: (540)723-0859 Subject: Failure by OakCrest Builders to follow site plan presented, at time of home purchase. Dear Mr. Lawrence, On 5/17/041 met with Mr. Mark Cheran, and Mr. Patrick Davenport from the Fredrick County Planning and Zoning Departments at CrossCreek Village Subdivision. Our meeting concerned the buffer and screening requirements in front of CrossCreek Village as well as the new Ford Distribution Center on Apple Valley Road. During our meeting it was determined by the two above mentioned officials that, buffer, screening and other issues in our community may not be in compliance with County zoning requirements. Following are some(not all) of the issues discussed and needing attention: CrossCreek Village • Improper size trees planted in front of the community • Required number of trees are not on each lot. • Required number of trees are not planted in common areas throughout the community. • Residential separation buffer trees are not extended to the front of the development. • Front buffer does not comply with Class A screening zoning requirements. • Entrance sidewalks should have been extended out in front of the community. • Plantings on top of boulder wall do not comply with county zoning requirements. • Low spots in streets and improper drainage causing water to stand in roadways. Ford Distribution Center • Driveway cutout on Apple Valley should have been closed, and berm (mound) extended all the way through. Berm should be higher in some areas. I am requesting that any bond being held in escrow by the County for the above mentioned Company and Developer, be frozen and not reduced until these issues are resolved Sincerely, Thomas A. Dowell Feb 14 05 01:11p Thomas Dowell 540-723-0859 p.3 Copy of return receipt for above mentioned letter. ■-Complete home 1, 2, and 3. Also complete ttem.4 0 Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A�uu1x1f 02�-War)W* &4r ST. 2. Article Number (rransfer from service label) PS Form 3811, August 2001 A. Signature ,i,( �r , ❑ Agent X(� `�""� ❑ Addressee B. Received by ( Printed 1 rne) C. D e of Delivery D. Is delvery add rdss dffWmt from item 17 u Y e If YES, eater delivery address below: ❑ No 3..S.eerrvice Type OS Certified Mail 0 E.Wess Mad ❑ Registered O Return Receipt for Merchandise ❑ insurm Map ❑ C.O.D. 4. Restricted Deliveri? (Extra Fee) ❑ Yes 7003 1010 0002 ,820 3163 Domestic Retum Receipt 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 rch 9, 2005 Matt Robertson, President Oakcrest Development 2055 Valley Avenue Winchester, VA 22601 RE: Cross Creek Village Dear Matt: On February 22, 2005, I met with Jack Kelly, Edgar Tufts, and Tom Dowell; three residents of the Cross Creek Village community. They had requested a meeting in order to advise the County of various concerns with the Cross Creek Village development. Below I have delineated their various concerns and offered potential resolutions. It is my goal to resolve these concerns within the Cross Creek Village development, and would appreciate your assistance as appropriate. The identified issues are: • Lack of benches along the walking trail. There have been a number of opportunities where Oakcrest, responding to resident requests, attempted to improve the development and its amenities, by exchanging various improvements. One of the exchanges involved the creation of additional parking areas in leu of provisions for benches throughout the development. The parking areas have been constructed. The residents that I spoke with feel that the benches should still be provided, and feel the Cross Creek Board of Directors never authorized the exchange of benches for parking spaces. Possible Resolution: Developer providing eight concrete, low maintenance benches at various locations throughout the development. • Cracked concrete gutters. While the residents acknowledged that Oakcrest had made attempts to repair the various cracked curb and gutter areas throughout the development, the homeowners voiced concerns for the long term maintenance of these deficient improvements. Potential Resolution: An extended warranty, provided by the developer, to assure that future cracked concrete gutters would be repaired without an expense to the HOA. • Asphalt walking trail has weeds growing through it. The residents mentioned that the asphalt trails contained damage with weeds thriving in the cracked areas. Upon a site inspection, I did not find significant cracks in the 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Matt Robertson Re: Cross Creek Village March 9, 2005 Page 2 • walking trail asphalt, although I did observe areas were vegetation was present along minor cracks in the edge of the trail. This vegetation is consistent with most edges of asphalt, be it trails, driveways, or roads. Potential Resolution: General maintenance, by the HOA, associated with common areas, maintenance generally associated with grass cutting, fertilizing, and pest and weed management. • Copy of the project's approved subdivision design plan (SDP). The residents advised that the HOA did not have a copy of the approved Subdivision Design Plan. Potential Resolution: County will forward a copy of the SDP to the HOA president, Mr. Jack Kelly, for inclusion in the HOA files. • Permanent community sign at the entrance on Apple Valley Road. The residents advised that Oakcrest promised the installation of a community entrance sign. Potential Resolution: Developer will secure necessary sign permit and resolve line -of -sight issues, and install the sign. • Berm and landscaping along Apple Valley Road. The residents requested the continuation of the stone wall feature and evergreen landscaping, to fill in areas missing such features. Upon reviewing the subdivision design plan and ordinances, the development was required to provide a Category A buffer, a Zoning District Buffer. Category A is a 50-foot distance buffer; no screening or landscaping is required. The installed stone wall and landscaping is consistent with the approved Subdivision Design Plan (SDP) — features that are above and beyond the ordinance requirements. See SDP for clarification. No action required. • Landscaping discrepancies. When various ordinance requirements were applied to the project, there was an excess of trees required. In working with the County, the developer has installed an equivalent value in shrubs, to off- set the required trees which were not installed. In my meeting with the residents, it was generally agreed that there were enough trees presently planted in the project, realizing that the trees will continue to grow and expand their canopies over time. During my discussion with the residents, it was mentioned that a few more evergreen trees could be installed along Apple Valley Road to screen the residences from the traffic on the Road. Potential Resolution: Developer could install a few additional evergreens along Apple Valley Road to better screen the residences, as well as provide additional trees for the project, increasing the actual tree count. Matt Robertson Re: Cross Creek Village March 9, 2005 Page 3 In reviewing the site, County files, and listening to the resident's and the developer's concerns, I believe the few remaining issues with this project may be resolved as noted above. I am available should a representative from each group, Oakcrest and the Cross Creek HOA Board of Directors, wish to further discuss these issues. Otherwise, I am confident that the resolutions identified above will bring to closure the various issues associated with the development project. Sicerely, E is R. Lawrence, AICP Director of Planning cc: Jim Vickers, Oakcrest Companies Jack Kelly, President, Cross Creek HOA Board of Directors Edgar Tufts, Chairman, Common Areas Committee, Cross Creek HOA Tom Dowell, resident, Cross Creek OW6 101il:J January 27, 2005 John R. Riley, Jr. County Administrator County of Frederick 107 N. Kent Street Winchester, VA 22601 Re: Cross Creek Village HOA Dear John, Commercial & Residential Real Estate Brokerage Firm 123�u\ LO Virginia Property Group, Inc. is the management company for the retirement community of Cross Creek Village HOA. The project has now been completed by the developer, Oakcrest Builders, and is in the process of being turned over to the Association. We have run into a few unanticipated problems we would like to share with you. There are no state or local guidelines and no checklist of regulations for the Association to follow during the acceptance process. It basically becomes a negotiation process between the developer and the Association with each side making concessions. The acceptance of the project is perhaps the most important job for the initial Board of Directors. The local jurisdictions will ultimately hold the Association responsible for all future problems involving water run-off, retention pond areas, and maintenance of private roads. However, the Association has no interaction with the local authorities who `sign off' on the project and release the bond back to the developer. We now ask for your assistance. Cross Creek has repeatedly asked for a full set of final site plans from the developer and the Planning Department with no success. Frederick County also does not retain a full set of plans on developments. The initial step in accepting a project by any Association should be to review these plans. Site plans are also necessary should an emergency arise regarding grading or underground utility problems. The Cross Creek Village Board of Directors has asked me to enlist your help, along with that of Supervisor Fisher, in obtaining a full set of plans. Please do not hesitate to contact me if I can assist in this request. Very truly yours, 4&, ` (Zatal Don Butler Manager cc: Gene Fisher, Supervisor Jack Kelly, HOA President 19 W. Boscawen Street Winchester, VA 22601 (540)722-4500 Facsimile (540)722-4569 )EFW'Z- - r or DEC i December 5, 2007 To: Mr. Eric Lawrence, County of Frederick, VA, Planning Commissioner Department of Planning and Development From: Thomas A. Dowell Member/Resident CROSSCREEK VILLAGE COMMUNITY 109 Calico Ct., Winchester, VA 22602, Phone: (540)723-0859 Subject: OakCrest surety bond being held by Frederick County for CrossCreek Village Additional information needed to resolve unsettled County/OakCrest issues. Dear Mr. Lawrence: It is my understanding that James Vickers met with two members of our Board of Directors concerning the improperly constructed walkways in our community. In a subsequent CrossCreek Board meeting, it was stated that Mr. Vickers acknowledged the poor workmanship of the walkways when they were originally installed. He also furnished a check in the amount of $2200.00 to cover work to be performed by Wilson Paving Company to correct the walkway problems. However, what Mr. Vickers did not provide was a timeline for the work to be completed, a contract from Wilson Paving for the work to be performed, quality of workmanship to be expected, and who is responsible for any additional cost incurred if Wilson Paving does not complete the work. Additionally, please reference your letter dated March 9, 2005 to Matt Robertson with OakCrest Builders, and copies to Jim Vickers; Jack Kelly; Edgar Tufts; and Tom Dowell. In this letter you made several recommendations to OakCrest Builders as a way of resolving various issues in our community. The second bullet point recommendation was an extended warranty, provided by the developer, to assure that future cracked concrete gutters would be repaired without an expense to the Homeowners Association (HOA). Your recommendation was in response to residents concerns about cracked curb and gutters in the community, and long term maintenance of these deficient improvements. No such warranty has been provided to our HOA by OakCrest. Have you or any of your staff followed up with OakCrest to see when we can expect this warranty? Until all issues/complaints are resolved, I request that the OakCrest surety bond being held by the county, not be released. In prior written communications to the County and our Board of Directors, Mr. Vickers has stated "we will work with the CrossCreek Board of Directors(CCBOD) to ensure everything is acceptable before the community is turned over". For this reason, I believe that a vote in an announced open Board meeting, as required by Virginia state code, will be necessary. Our Corporate bylaws state that only the "Board of Directors is empowered to act on all association matters ". I have been in contact with, and am currently working on filing complaints with, the American Planning Association (APA/AICP) Ethics Officer in Chicago, IL, and Department of Professional and Occupational Regulation, (DPOR) in Richmond VA. Several complaints related to OakCrest and Frederick County staff are being considered and reviewed by my attorney. We will need answers to the following questions as soon as possible. Needed information/answers: Do Frederick County Officials check subcontractors hired by builders/developers to see if they are properly licensed by the state? Do you check for state required specialty designation licenses, especially where health, safety and environmental issues are involved? Do you check to see if all Health Department ordnances, laws and requirements are complied with? Do you check to see if all Department of Sanitation ordnances, laws and requirements are complied with? Do you check to see if all requirements of the county site plan are complied with? I would appreciate your reply to the above requested information, and will wait twenty (20) days before seeking the help of other County Officials outside your department. If you prefer, you may also contact me at the above telephone number to set up an appointment. Thank you in advance for your help in this matter. Sincerely, Thomas A. Dowell y CC, Mr. James T. Vickers, President - Member Manager, OakCrest Properties Mr. Mark Cheran, Frederick County Department of Planning and Development Mr. Christopher Mohn, President, OakCrest Properties Division Page 2 SEP 1 2005 August 31, 2005 To: Mr. Eric Lawrence, County of Frederick, VA, Planning Commissioner Department of Planning and Development (Certified mailing) From: Thomas A. Dowell Member/Resident CROSSCREEK VILLAGE COMMUNITY 109 Calico Ct., Winchester, VA 22602 Phone: (540)723-0859 Subject: Request that Frederick County not release surety bond monies being held in escrow for Oakcrest Builders on behalf of CrossCreek Villiage. 5u4b,o,, Dear Mr. Lawrence: I am making the above request because it is my belief that OakCrest Builders did not comply with Virginia Erosion and Sediment Control Laws and Guidelines as stated in the 1992 State Handbook. (Minimum Standard 3.13-9) Reference your meeting on 2/22/05 with myself and other Board members when we discussed drainage and other issues in our community. To date nothing has been done to correct the drainage issue behind my home. Water stands in a grassy swale ten feet from my patio all summer long and becomes stagnate. Mosquitoes and other flying insects and animals are attracted to this area. I believe this condition has the potential to become a breeding ground for West Nile Virus. I have had discussions on this issue with the following individuals on the dates noted. James Vickers, Oakcrest Builders 1/20/05, 1/27/05(letter), Vaughn Foura, Oakcrest Builders 4/25/05, 4/29/05, 5/31/05; Joe Wilder, Frederick County Public Works, 3/28/05, 4/18/05, 8/15/05, 8/23/05; Mr. Wilder and Mr. Foura promised to get back to me on this issue but have not done so. OakCrest did inform our Board that they would not correct the problem in late 2004. Our Board did inform me that I could pursue this independently. This has been an ongoing issue for over two years, to say I am totally frustrated would be an understatement! Failure to have this problem corrected by Frederick County and Oakcrest Builders has prompted me to contact an attorney and the Department of Conservation and Recreation(DCR) in Richmond, VA. During my discussions with DCR, they stated that grassy swales and irrigation systems in our community should have been installed by a DPOR state licensed contractor, qualified and experienced in Virginia Erosion and Sediment Control Regulations/Laws. I am waiting for DCR to call and set up an appointment to inspect the area in question. I have been in contact with DCR Officials Mr. John Ruhlman in Richmond, Mr. Gary Switzer in Warrington, and am waiting for Mr. John Mlinarick from Staunton to call for an appointment to take pictures and set up a complaint file. For that reason I request that the surety bond not be released to Oakcrest Builders until this issue has been resolved. Thank you in advance for your help in this matter. Sincerely Thomas A6Dowe CC, Mr. Jim Clark, President, CrossCreek Village HOA Mr. Joe Wilder, Frederick County DPW, Mr. Harvey Strawsnyder, JR., Director, Frederick County DPW Page 2 "I OakCrest COMPANIES 2055 Valley Avenue Winchester, Virginia 22601 540-722-4100 fax 540-662-8825 www.oakcrestbuilders.com OAKCREST BUILDERS, INC ERA OAKCREST REALTY, INC OAKCREST PROPERTIES, LLC MERIDIAN PROPERTIES, LLC June 10, 2004 Mr. Thomas Dowell 109 Calico Court Winchester, VA 22602 Dear Mr. Dowell: In response to your letter dated May 30, 2004, pertaining to the Cross Creek Village subdivision, I wanted to address your two concerns. 1) Screening Trees in Front of Development A number of years ago, an ordinance for age -restricted, small -lot communities didn't exist in Frederick County, so members of OakCrest staff and I met with county officials to help write the Frederick County ordinance. We spent many hours with the county staff, planning commission and members of the Board of Supervisors providing input on the requirements for the ordinance, and specifically, the landscape requirement, as we wanted all future projects to be not just acceptable but enhanced. Our involvement with Frederick County officials demonstrates our ongoing commitment to meet or exceed the requirements of this ordinance. We are in the final stages of completion at Cross Creek Village and will be completing required landscaping. The landscaper, landscape designer and OakCrest staff are planning to meet within the next four weeks to identify areas where landscaping will be installed. The additional landscaping will be installed over several months, with major completion done during the early fall planting season. We will then meet with county officials to ensure all the ordinance requirements are met. After that, we will work with the Cross Creek Village Board of Directors to ensure everything is acceptable. 2) Documents Provided by the Declarant Upon Transfer of Control OakCrest staff is now researching this and will work with the Cross Creek Board of Directors to ensure all the documents are transferred to the association as quickly as possible. Hopefully, I've responded to your concerns. I would be happy to meet with you or discuss any issues with your attorney. OakCrest assures we will meet all our commitments to Cross Creek Village, and through our efforts, create a beautiful and desirable community. Sincerely, James T. Vickers CEO/Owner, OakCrest Companies, LLC cc: Vaughn Foura Matt Robertson Phil Tilson, President, Cross Creek Village HOA CSVED 2004 OakCrest COMPANIES 2055 Valley Avenue Winchester, Virginia 22601 540-722-4100 fax 540-662-8825 www.oakcrestbuilders.com OAKCREST BUILDERS, INC ERA OAKCREST REALTY, INC OAKCREST PROPERTIES, LLC MERIDIAN PROPERTIES, LLC Mr, Eric Lawrence Director of Planning Department of Planning and Development, Frederick County 107 North Kent Street, 2nd Floor Winchester, Virginia 22601 RE: Cross Creek Village — Walking Trails, Benches & Visitor Parking Spaces Eric, I am writing this letter for your information and files regarding some changes that have been requested and implemented at Cross Creek Village. As you know, the residents of Cross Creek Village had some concerns over the walking trails that OakCrest had planned to build throughout Cross Creek Village as they are indicated on the approved construction plans. OakCrest implemented most of the walking trails per plan but, received a letter signed by the residents of Cross Creek Village requesting the elimination of certain walking trails and replacing them with benches to be placed along the trails that were already in place. Most of the concerns were security related since some of the trails were close in proximity to the homes. In response to this, OakCrest requested and received permission from the Frederick County Planning Department to replace the remaining walking trails with benches. Permission was granted as requested. Soon after this, the residents if Cross Creek requested that we, OakCrest, build some additional visitor parking spaces scattered throughout the community since the streets are not wide enough to permit a lot of parking parallel to the curb. OakCrest obliged this request and was granted permission again from Frederick County Planning Department to replace the aforementioned benches with a total of eight (8) new visitor parking spaces. We have constructed six of the eight spaces and will complete the last two spaces later this spring when we are ready to landscape the final open space. We are very proud of Cross Creek Village and thank you for allowing us the flexibility to serve our customers' needs and meet their concerns. Please do not hesitate to contact me with any questions or concerns. Sincerely, ", Z, � Matthew Robertson,UCLA Director of Land Operations OakCrest Companies Encl. Map showing additional parking locations Cc. Dana Crannell, OakCrest Builders Col. Phil Tilson, President, Cross Creek HOA. 0 � rmd2_I J1 s� as +0 <l rQL; 1 S Ion- �� and i .Authot-ized Signature CoC. Phd TiCson, President Cross Creek HO.A �c', Zab3 ,Matt bertson, Director of Land Operations OakCrest Companies 27 28 Z9 30 F-3 3236E a+eo ! 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F 62 66 ¢: �5 64 aai� s awr r WT a+ 67 to s w• \ aY ! 70 71 \ CROSS CREEK aW r \ VILLAGE ---- ---------------------- - - - - - - - - - - AppLE VALLEY ROAD —.------------ i i M�'� —C, S m4t.E — a FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 28, 2007 Thomas Dowell 109 Calico Court Winchester, Virginia 22602 RE: Cross Creek Village Response to Dowell Letter dated December 5, 2007 Dear Mr. Dowell: Thank you for your letter of December 5, 2007, in which you continue to express concern with improvements within the Cross Creek Village development. The two issues raised include: (1) the walk way improvements and, (2) the extended warranty. On the walkway issue, it is my understanding that Oakcrest provided the necessary funds to the HOA (via Management Company), so that the management company could contract and complete the walkway as the HOA deemed appropriate. This arrangement does not involve the County. As you note in your letter, Oakcrest did provide a check for $2,200.00 to the HOA to cover the estimated costs for the walkway improvement. It would appear that Oakcrest is no longer involved in the correction as the management company is in possession of the funds, and has assumed the lead role in the walkway repair. The extended warranty issue does not involve the County. The County does not require that a contractor/developer offer such an extended g=anty to an HOA. The warranty concept was simply a suggestive effort for the developer and HOA to consider as a method towards compromise. Should the HOA continue to feel a warranty is necessary, it may be appropriate to include such a warranty as part of the walkway correction contract. That is clearly at the discretion of the HOA. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Mr. Thomas Dowell Re: Cross Creek Village December 28, 2007 After various reviews of the project over the past few years, meetings with Cross Creek Village HOA representatives, and Oakcrest, the County previously determined that the guaranty obligations associated with the Cross Creek Village subdivision approval had been satisfied; the County no longer maintains a monetary guaranty for this project. I trust the above information will address your concerns. Since ly, Eric R. Lawrence, AICP Planning Director ERL/dlw cc: Jim Clark, 126 Ladderback Court, Winchester, VA 22602 OakCrest Companies, 126 North Kent Street, Winchester, VA 22601 Mark R. Cheran, Frederick County Zoning Administrator MV May 30, 2004 To: Mr. James T. Vickers, President - Member Manager OAKCREST PROPERTIES, L.L.C. (certified mailing) From: Thomas A. Dowell Member/Resident CROSSCREEK VILLAGE COMMUNITY 109 Calico Ct., Winchester, VA 22602 Phone: (540)723-0859 JUN 3 2004 FRE'DERK 00UNF► "PLANNING & DEVELOPMENT Subject: RE: My certified letter dated March 28, 2004; and OakCrest Companies response, written by Matthew S. Robertson dated April 9, 2004. (failure by OakCrest Builders to comply with CrossCreek Village Site Plan, Virginia State Code, and county zoning and planning requirements. Dear Mr. Vickers, Please reference the above mentioned letter from OakCrest Companies, dated 4/9/04. Mr. Robertson has been given incorrect information, and misstates many of the facts concerning both issues. Following are my findings: Screening Trees in Front Of Development After meeting in the office and on site with officials from the County Planning and Development Department, it was determined that the front entrance buffer and screening was not in compliance with county requirements. I am attaching my letter to Mr. Eric Lawrence with the Planning Department concerning this issue and their findings. I am also attaching a copy of the county memorandum concerning the required number of trees in the community. Please note, the trees discussed in the memoranda, are separate and apart from the residential separation buffer trees(RSB) planted on the perimeters of the subdivision. Also note that there should be a minimum of two trees on each lot. Currently it seems you have shorted the community 300 + trees. Also, Benches have not been placed in the common areas as required by the site plan. Documents to be provided by Declarant upon transfer of control State Code 55-509.2. Mr. Robertson states that, " Mr. Don Butler said he turned over all documents required by this code to Past President Ms. Joanne Teague". I have discussed this with Ms. Teague and she assures me that she received nothing from Mr. Butler, except for the Articles of Incorporation, and that was only after repeated attempts. Having spent the first five months on the original Board of Directors, I can assure you the Board did not receive these documents, even after several request were made of Mr. Butler and Dana Crannell for this information. Page 1 of 2 Initials_ Mr. Vickers, state code 55-509.2 is very clear, it states "The declarant shall provide to the Board of Directors or its designated agenP' all of the information required by this code. I am requesting that you set up two meetings to address the above two issues with the Board of Directors, and Planning Commission officials. I would also request the following individuals be included in these meetings: Any committee members working on these issues, Ms. Joanne Teague, Tom Dowell, Mike Miliam, Don Butler, Dana Crannell and any other OakCrest employees that you feel could shed light on these issues. The above concerns have been ongoing issues for almost two years now, with countless letters and time expended. It is time for some sort of solution without OakCrest continually passing the buck from one person to the next. I request you respond to my letter within fourteen(14) days. If this matter is not soon cleared up, I will seek the assistance of my attorney, and the following agencies to see that OakCrest complies with State and Local Laws: DPOR, Virginia Association of Realtors, State Attorney General, Frederick County Board of Supervisors, Better Buisness Burdau and other pertinent agencies. Regards, Thomas A. Dowell,' Copies: All CrossCreek Homeowners Association Board Members Mr. Edgar Tufts, CCHOA Maintence Committee Chairperson Ms. Joanne Teague, Past -President, CCHOA Mr. Don Butler ,Virginia Property Group Mr. Eric Lawrence, Frederick County Planning Commission Mr. Mark Cheran, Frederick County Planning Commission Mr. Patrick Davenport, CZA Zoning and Subdivision Administrator Mr. Vaughn Foura, President OakCrest Builders Mr. Matthew S. Robertson, OakCrest Builders, Director of Land Operations Mr. Ivan Snapp, OakCrest Builders Project Manager for CrossCreek Village Ms. Dana Crannell, OakCrest Warranties and Customer Relation Manager Mr. Mike Miliam, Miliam's Landscaping Company Page 2 of 2 Initial l� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/665-6395 MEMORANDUM Jq �::>tw::Snl !:: n:: �u:\r'v.6ui:w�:tiu:uJi:w.roYSii:d::wWGSJbLluviwiLliwO TO: File FROM: Eric R. Lawrence, Deputy Director '�..I'��; RE: Cross Creek Village Landscape Plan DATE: April 11, 2002 At 11:00 AM on Thursday, April 11, 2002, staff participated in an on -site meeting to discuss the required landscape plantings for the Cross Creek Village subdivision. In attendance was Jim Vickers, Greg Unger, Vaughn Foura, Mike Milam, and John Massie, and Eric Lawrence. The following items were agreed to by those in attendance: l . Individual lot plantings. The Zoning Ordinance requires that 20 plantings be planted on each of the Single Family Small Lots. Five of these plantings shall be trees. It was agreed that the lot sizes were too small to accommodate all five of the required trees. Therefore, the update to 3 of the required trees could be planted elsewhere in the Cross Creek Development. By planting these trees within the project the property owners will continue to reap the intended benefits. A typical lot landscape plan will be submitted by the applicant and placed in the Subdivision File. 2. Residential Separation Buffers. RSBs are required along the eastern and southwestern property lines. Based on the natural terrain and existing vegetation, modifications to the typical landscape buffer plantings is appropriate. The developer will provide a revised landscape plan schematic to the Planning Department for placement in the Subdivision file. 3. While items 1 and 2 enable the developer to deviate from the standard landscape requirements, this deviation does not enable a reduction in the total number of required plantings for the project. The developer will provide the Planning Department with a running total, per phase, confirming that the required plantings are satisfied. U:\Eric\Common\Subdivisions\crosscreek.landscaping.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 May 17, 2004 To: Mr. Eric Lawrence, County of Frederick, VA, Planning Commissioner Department of Planning and Development (Certified mailing) From: Thomas A. Dowell Member/Resident CROSSCREEK VILLAGE COMMUNITY 109 Calico Ct., Winchester, VA 22602 Phone: (540)723-0859 Subject: Failure by OakCrest Builders to follow site plan presented, at time of home purchase. Dear Mr. Lawrence, On 5/17/04 1 met with Mr. Mark Cheran, and Mr. Patrick Davenport from the Fredrick County Planning and Zoning Departments at CrossCreek Village Subdivision. Our meeting concerned the buffer and screening requirements in front of CrossCreek Village as well as the new Ford Distribution Center on Apple Valley Road. During our meeting it was determined by the two above mentioned officials that, buffer, screening and other issues in our community may not be in compliance with County zoning requirements. Following are some(not all) of the issues discussed and needing attention: CrossCreek Villay-e • Improper size trees planted in front of the community • Required number of trees are not on each lot. • Required number of trees are not planted in common areas throughout the community. • Residential separation buffer trees are not extended to the front of the development. • Front buffer does not comply with Class A screening zoning requirements. • Entrance sidewalks should have been extended out in front of the community. • Plantings on top of boulder wall do not comply with county zoning requirements. • Low spots in streets and improper drainage causing water to stand in roadways. Ford Distribution Center • Driveway cutout on Apple Valley should have been closed, and berm (mound) extended all the way through. Berm should be higher in some areas. I am requesting that any bond being held in escrow by the County for the above mentioned Company and Developer, be frozen and not reduced, until these issues are resolved Sincerely, Thomas A. Dowell CC, Mr. Patrick Davenport - Zoning and Subdivision Admin. Mr. Mark Charen - Fredrick County Planning Dept. April 11, 2007 To: Mr. Eric Lawrence, County of Frederick, VA, Planning Commissioner Department of Planning and Development From: Thomas A. Dowell Member/Resident CROSSCREEK VILLAGE COMMUNITY 109 Calico Ct., Winchester, VA 22602, Phone: (540)723-0859 Subject: CrossCreek Village: Reference your letter dated April 6, 2007. Dear Mr. Lawrence: 0 A 1 200,E First, let me thank you for responding to my phone message and letter dated 3/7/07. In your letter concerning the landscape screening issue, you state, "through the planning, design, and construction of CrossCreek Village, the required landscape features were evaluated, discussed, and agreed upon". In my letter to you, my question was, and still is, who were these individuals you refer to in these discussions, and where are the supporting documents? You go on to say, based on the location of properties on Calico Ct, and the topography, in April 2002 it was agreed that a landscape modification was appropriate. There are several problems with this: 1) I signed my contract in March 2002 and it was not disclosed, as required by law, that any ordinance modification would be requested; 2) Did the county or OakCrest consider that there was a lot that could be built on between the Stine home and the Stine property line, which would likely require removing all of the trees and topography in this area? 3) You also state "OakCrest advised you (Mr. Dowell)of the plantings in an April 2004 letter". Please re -read the letter you refer to, it states, "During the planning process representatives from OakCrest met with the two aforementioned families and we agreed to revise the plan to show additional plant species. This was done to enhance the screen. The revised plan called for 3' and 4' tall Leland Cypress staggered and planted 10' on center. It also called for a mixture of lilacs, sand cherries and spirea. It also states that this plan was required to screen the future CrossCreek Village from the existing (Stine and Wilson) properties. No where in this letter does it say screening trees would be traded out or eliminated! Also, in the front of our community on the Wilson side, leland cypress were planted on the property line. This letter was one of the issues that prompted me to contact Mr. Cheran with the county in May, 04. A meeting was set up with county officials Mr. Patrick Davenport, Zoning and Subdivision Administrator, and Mark Cheran, Planner 1, on 5/ 17/04 to visit the community. During this visit Mr. Davenport observed several problems relating to screening across the front and sides of the development, water standing in low areas on the roadways, sidewalk construction problems, insufficient trees installed in the community, possible problems with the berm that was built in front of the Ford Distribution Center, and several other problems. It is my recollection that Mr. Cheran stated, "he was glad Mr. Davenport came along with him, because he was not experienced in these areas of county regulations". After Mr. Davenport left the county for another job, everything seemed to change. In a subsequent follow up meeting at your office on 2/22/2005 with myself and two other CrossCreek Board members, you and Mr. Cheran seemed less concerned about the issues Mr. Davenport had highlighted. When I suggested to you that OakCrest should be receptive to correcting the mentioned deficiencies since the county had made many concessions for them, giving them hundreds of thousands of dollars in additional profits in our community, you stated the county had made no concessions. I will return to this issue and list the concessions I was referring to at the end of my letter. In a follow up letter from you dated 3/9/2005 concerning the above mentioned meeting, you made several bullet point statements, I will respond to just two of those statements: • Asphalt walking trail has weeds growing through it: You stated in your letter, "upon site inspection, I did not find significant cracks in the walking trail asphalt, although I did observe areas where vegetation was present along minor cracks in the edge of the trail". At a walk through with Mr. Cheran, he stated, county officials rode through and looked at the walkways, but did not get out of the car. How can you inspect walkways without getting out of the car?? I am attaching a piece of asphalt walkway from a crumbled up area on Ladderback Ct. to a separate sheet of paper. Note that the thickness is only one half inch thick, and their is mud on the under side, meaning it was installed on top of the soil with no aggregate, base or compacting underneath. Industry standards are 2 to 2 1 /2 inches thick with a compacted aggregate base. One short asphalt walkway in the Cranberry courtyard berm area does seem to be constructed properly. This was the one installed when the model home was built to represent what customers could expect throughout the community. Once homes started selling, workmanship on the remaining walkways seemed to go downhill. After walkways were installed in the back of the community, OakCrest did not furnish our Board of Directors with the contract/warranty as required by state code 55-509.2, which states, "the declarant (OakCrest) shall provide to the Board of Directors the following information: section (v) " written un-expired warranties of the contractors, subcontractors, suppliers, and manufactures, if any, relative to all common area improvements". I, along with my attorney have requested this document and other information required by this code from OakCrest on several occasions over the past two years. I can only guess why OakCrest refuses to furnish these documents, but it is my opinion that it may have to do with using unlicensed contractors, and other still to be determined reasons. I can't imagine any reputable contractor laying claim to the type of workmanship found in our walkways. • Cracked concrete gutters: After identifying the problem of various cracked curb and gutter areas throughout the community, you suggested the following potential resolution: An extended warranty, provided by the developer, to assure that future cracked concrete gutters would be repaired without an expense to the CrossCreek HOA. To date the developer has offered no extended warranty, or warranty of any kind, and showed very little interest in coming back to our community to correct anything. We have been waiting several years to wrap things up with OakCrest. (2) In your letter of 3/9/07 you state, "A representative from my staff will visit the project and evaluate what repairs may be required based on our county requirements." It seems to me that after two walk thru inspections, with two different OakCrest staff members, Mr. Cheran and his assistants, three CrossCreek Board members, and you personally inspecting the walkways, its time for action. Perhaps Mr. Vickers should come out of his Ivory Tower, and evaluate what repairs are needed!! During one of two walk troughs with Mr. Cheran, it was brought to his attention that OakCrest had never properly completed the emergency connector road and gated mechanism between WoodBrook and CrossCreek Village. In many of the documents for our community this connector is referenced since it relates to public safety, emergency services and other uses. The called for "gated mechanism" turned out to be 10 rusty $3 embedded steel landscape stakes. I am including a photo of this gated area. Mr. Cheran stated that the county would be okay with this, as emergency vehicles can just blow thru the area. I'm not sure how they can do this without causing damage to the vehicles. The only other option would be to hope there is a digging tool on board to remove the 10 stakes, which would cause valuable lost EMT emergency crew time. Additionally, the site plan documents call for a graveled road bed with top soil and grassed over connector. What we have is dirt and shale rock with sparsely growing weeds and grass. (Photo attached) Other issues still unresolved in our community are: A pipe sticking up in the road on Gooseberry Drive(Photo attached). Pedestrians could trip on this pipe as no sidewalks were installed here as called for in county documents; Several cracks between concrete joints that need coal tar application; A concrete sanitation department manhole enclosure with large cracks(photo attached); Drainage problems on Ladderback Ct. In a letter to me from OakCrest dated June 10, 2004 with copies to the HOA and county, Mr. Vickers states with great pride that, "he and his staff met with county officials to help write the age -restricted, small lot ordinance". "We spent many hours with the county staff, planning commission members and Board of Supervisors, providing input on the requirements for the ordinance". He goes on to state "Our involvement with Frederick County Officials demonstrates our ongoing commitment to meet or exceed the requirements of this ordinance". Later in this same letter he states "We are in the final stages of completion at CrossCreek Village"; "We will meet with county officials to ensure all the ordinances requirements are met. After that, we will work with the CrossCreek Board of Directors(BOD) to ensure everything is acceptable'. It is almost 3 years later and we are still waiting for OakCrest to meet or exceed ordinances of deficient problem areas in the common grounds, and meet with the CCBOD. Additionally, It is my opinion that developers should not be assisting county officials in writing county ordinances, especially when some of the developers employees sit on the county planning commission. It seems to me that age -restricted small lot ordnances should include minimum standard requirements/specifications for walkways and other common area improvements. Inspection of these improvements should be delegated to trained and qualified individuals in the building inspection department. (3) Revisions/Concessions/Waivers allowed by Frederick County, giving OakCrest Hundreds of thousands of Dollars $$$$$$$$$$$$$ in additional Proms. 1. Revision of Master Development Plan #004-97 to allow 10 additional units to be built in CrossCreek Village (from 81 to 91 homes): As a result of this change homes had to be crammed into the development resulting in ordinance required off street parking so limited, that homeowners on Nutmeg Lane have to park on the concrete sidewalk forcing pedestrian traffic into the street. (Ref: Doc MDP 3/2/00 page# 2) This revision resulted in Hundreds of thousands of dollars in extra profits. 2. A sidewalk that was called for in the master plan documents on Gooseberry Lane was never installed: Thousands of more $$ in profits. (Ref: Doc MDP 3/2/00 page# 5) 3. Concrete sidewalk waiver along private roads: Thousands of more $$ in profits. (Ref: Doc MDP 3/2/00 page# 5) 4. No water meter heads required at individual homes: Hundreds of thousands of dollars in extra profits. (Ref: Sanitation Department) 5. Sixty percent of walkways never installed due to security concerns by homeowners: Thousands of more $$ in profits. 6. Landscape modifications/waiver: Even more $$ in profits. Mr. Lawrence, as you can see from the above, the county and the residents of CrossCreek Village have made many concessions and sacrifices that have benefited Mr. Vickers and OakCrest. We have been patient and waited almost three years to resolve the remaining issues. It seems to me that its time for OakCrest to step up to the bat and do the right thing for our community, and correct the remaining deficiencies with quality workmanship in a timely manner. If they do not, I can assure you that this will turn into a public relations nightmare for the county and for OakCrest Companies. I will wait 30 days to be notified by the county or OakCrest, of what their intentions are to correct the above mentioned common area deficiencies. If I am not contacted, I will file complaints and seek assistance from the following trade groups and agencies: The Federal Trade Commission(FTC); Virginia Attorney Generals office for consumer affairs; DPOR in Richmond, VA against OakCrest Class "A" contractors license # 2705026765(expiration date 1/31/2009); the Better Business Bureau; Eric Mays, VBCOA; Bill Shelton, DHCD; National Assoc of Homebuilders(NAHB); Homebuilders Assoc of VA (HAV); Shenandoah Valley Builders Assoc(SVBA); and Top of VA Building Association(TVBA). I will also contact local, state and federal agencies/committees that deal with the "Americans with Disabilities Act". I will make county officials in Frederick County and surrounding counties where OakCrest does business, aware of the poor workmanship performed by some of the OakCrest sub- contractors. Hopefully, this will prompt Board of Supervisor members to take additional care during the site plan approval and inspection process, and more thoroughly scrutinize the construction plans of homes and common areas OakCrest builds. As a result of this disclosure, perhaps future homebuyers won't be subjected to the same problems our community has encountered. (4) I will also consider building a web site where OakCrest customers can direct their complaints. One final thought Mr. Lawrence, why not contact past county employee's Mr. Evan Wyatt with Greenway Engineering, and Patrick Davenport, and ask them to voluntarily comment in writing on what their expectations were concerning the walkways, and other issues mentioned above. If needed, I am available to meet with County Officials, OakCrest staff or their attorney. I can be reached at the above telephone number. Thanks in advance for your help in this matter. Sincerely, Thomas A. Dowell PS, I would like to apologize for the terseness of my comments, but after three years of dealing with the same issues, my patience has worn thin. CC, Mr. Jim Clark, President, CrossCreek Village HOA Mr. James T. Vickers, OakCrest Companies, Inc. Mr. Mark Cheran, Frederick County Zoning Administrator 9 z s.4Y 9' S$" 4,W, 3F .. '1 .4.=,. m,:. !»' {b©f <. S _ d.4=G�i y ` 4EYLi - .s... s ttY: .r "•ter A Al.54 4 !0! s 77 J6 r'J78 ?4 / 4 L4- it ( [ 'Old Opequcmn.� ✓'85 �.� Cem 00, 00, 820 • Vicinity Map .: ` .:J . /J1R;ilk ='i� • a o �• y,:: C� APPROVED Y Virginia Department of Transportation —' `" Date , 7'c)Z Frederick County Sanitation Authority . -�"Date § Frederick Co. Subdivision Administr - r Date 07 0�//Z2 OWNER'S CERTIFICATE The above and foregoing subdivision of the land of OAKCREST PROPERTIES, L.L.C., as appears in the accompanying plats, is with the free consent and in accordance with the desires f the undersigned o nerrp, propridtors and trustees, if any. • Date } /o Date NOTARY PUBLIC I, a Notary Publ' in and for the State of Virginia, at lar , do certif hat Tj whose names are signed to the doreggi jng,'Owner's Certificate, have acknowledged the some before me in my state. under my hand this 9.6 day of 2002. p UGim oyI-cbr�n ussion expires , o260 — ,1 /t I r Al SURVEYOR'S CERTIFICA hereby certify that the property contained in this subdivision is a portion of the property of which a 1/2 interest was conveyed to OAKCREST PROPERTIES, L.L.C. from VALLEY DEVELOPMENT GROUP, INC. by deed dated December 14, 2000 and of which a 1/2 interest was conveyed to OAKCREST PROPERTIES, L.LC. from BOWMAN TRUCKING COMPANY, INC. and FRED L. GLAIZE, III by deed dated January 8, 2001, said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instruments 000013096 and 010000299, respectively P. Duane Brown, L.S. FINAL PLAT H OF �r CROSS CREEK VILLAGE N SEc"rION 2 BACK CREEK MAGISTERIAL DISTRICT P. Duane Brown No. 001285 FREDERICK COUNTY, VIRGINIA June 51'ea02 l9N10 SURv���4 #"" DATE: MAY 22, 2002 COVER SHEET SHEET 1 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: DAF PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office@marshandlegge.com DWG NAME: ID4175 LOTS 21-25 26-29 30-35 36-41 42-44 45-49 88-90 50,91,t-75 76-82 SHEET 5 6 7 8 9 10 12 CROSS CREEK VILLAGE N SECTION 1 INST. # 010001440 ZONED: RP USE: RESIDENTIAL 83-87 13 SHEET INDEX The property represented herein is shown on Frederick County Tax Map 63((A)) as Parcel 40. All lots are Single Family Small Lot — Zero Lot Line. GRAPHIC SCALE zoo o iw 2W Iwo 1 Inch 200 ft. FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 22, 2002 I SCALE: 1 "=200' I SHEET 2 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRgNIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office@rnarshandleaae.com ps�- of 'N4 P. Duane Brown No. 001285 June 5, 20�2 l�ND SUR��'�o4 DRAWN 13Y: DAF DWG NAME: ID4175 C) t CURVE TABLE NO. RADIUS ARC TAN BEARING CHORD DELTA Cl 867.00' 56.75' 28.38' N 14 2447" E 56.74' 03'45'01 " C2 55.00' 82.31 ' 51.06' N 30 20'10" W 74.84' 85'44'51 " NUTMEG LANE C3 35.00' 20.51 ' 10.56' N 71 '5445" E 20.22' 33'34'50" C4 60. 00' 68.10' 38.25' N 5671 '16" E 64. 50' 65*01 '49" C5 40.00' 42.75' 23.67' N 83'03'20" E 40.74' 61 '14'02" LADDERBACK COURT C6 60.00' 64.12' 35.51 ' N 06'56'40" W 61.12' 61 '14'02" C7 60.00' 107.19' 74.57' N 88'44 28" W 93.49' 102 21 '34' C8 45.00' 41.66' 22.46' S 13'3325" W 40.19' 53'02'39 " C9 45.00' 29.03' 15.04' S 312635" E 28.52' 194.0J'I77"J826" 36'57'21 " CIO 75. 00' 101. 63' 60.35' S 88*44:28" E GOOSEBERRY DRIVE Cl 11 60.00' 1 38.70' 0.05' S 58'33'25" W I 38.03' I 36'57'21 " FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 22, 2002 I CURVE TABLE I SHEET 3 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office®m"andeaae.com 7�,TH OF P l,� ,N, P. Duane Brown No. 001285 Juno 5,2002 LAND SUitV�'�o4 7:7C'I►�Tm10 DWG NAME: ID4175 (7 - ti C') c__ Area Summary Area in Lots 5. JJ98 Acres Area in Open Space 4.7875 Acres TOTAL AREA SUBDI14DED 10.127J Acres Number of Lots 49 Average Lot Size 4,747 Sq. Ft. Smallest Lot Size 4,450 Sq. Ft. EXISTING ZONE: RP EXISTING USE. VACANT MINIMUM SETBACK REQUIREMENTS 25' FROM STATE ROAD 20' FROM PRIVATE ROAD REAR = 15' SIDE = 10' (OPPOSITE ZERO LOT LINE) MINIMUM LOT SIZE: 3,800 SQ. FT. EASEMENT LEGEND . +++++++,MAINTENANCE:+++++++�+++ WATER.. &W7_1.7C AY SEWER .av :; ..•. •• _ �R''• it tl•� r j� DRAINAGE . LADDERBACK COURT, NUTMEG LANE, and GOOSEBERRY DRIVE are Private Roads subject to a 20' Ingress —Egress Easement. No buildings are permitted within the Residential Seperation Buffer or within any Easement. Detached accessory structures are not permitted. The Residential Seperation Buffer is subject to Screeing per Section 165-37.C.1.9.2. of the Frederick County Zoning Ordinance. Additionally, a minimum of 20 Landscape Plantings shall b provided on each individual lot. At least 1/4 of the Landscape Plantings shall be trees with the remainder being shrubs. The trees shall be a minimum of two inches in caliper at the time of planting, and the shrubs shall be a minimum three —gallon container at the time of planting. FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 22, 2002 I GENERAL NOTES I SHEET 4 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office®marshandleaae.com 'eI,TH OF j 3 P. Duarie Brown No. 001285 .luny° 5, 2002 DRAWN BY: DAF DWG NAME: ID4175 SEE SKET 6 25' ZONING DISTRICT / SEPARATION BUFFER & LANDSCAPE EASEMENT , � / a.•stsr�� f��y1r��ef�I r� �Ial�0%f II1I• I�I�I�I , — (SEE SHEET 12) FINAL PLAT CROSS CREEK VILLAGE N SECTION 2'LTH OF Gj BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA° GRAPHIC SCALE 40 ° 20 40 so P. Duane Brown No. 001285 1 Inch 40 M June 5'. oo2 DATE: MAY 22, 2002 SCALE: 1"=40' SHEET 5 OF 17 LgND SURO�o4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: DAF PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandlegge.com DWG NAME: ID4175 N/F THE TREDEGAR TRUST CO., N/F SUCCESSOR TRUSTEE OPEQUON PRESBYTERIAN CHURCH DB 807 PG 658 �` DB 121 PG 278 ZONED: RA Af ZONED: RA USE. VACANT �u • ��s_ USE: CHURCH - p ! OPEN SPACE ��o 3r ti�0 P�A <1\ 27 `'� OPEN SPACE ��,• P •��sF �.� 4,806 SF,,�`%26 �.. 4,806 SF cl28 a o r 4,450 SF •;ij o. 25 29 4,450 SF lk --/; k' X. 31 ---� \OPEN SPACE FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 ILTH OF BACK CREEK MAGISTERIAL DISTRICT o 4'Gr FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE ,i ° 20 40 80 P. Duane Brown No. 001285 1 inch - 40 M June- 5 ,20o2 DATE: MAY 22, 2002 SCALE 1'=40' SHEET 6 OF 17 '� D SURa ' 4 N 4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRgNIA 22601 DRAWN BY: DAF PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office®marshandegge.com DWG NAME: ID4175 (SEE SHEET 6) 29 30 4,806 SF" m 74 73 -n o ,o 0 cP o << 59 72 31 4,806 SF .•• 5 y2 •a9 �''� 4,450 SF,, 33 4, 450 SF ,, •. ;d� g ,.•.,.. y2�6g.0�,� 9J 34 806 SF + `� FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 40 0 20 40 80 1 Inch 40 fL DATE: MAY 22, 2002 I SCALE: 1'=40' I SHEET 7 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office@marshandlegge.com 71 36 70 r 37 (SEE SHEET 8) ��LTH OF Pj O �G' P. Duane Brown No. 001285 Jung' 5,0. 2oa2 L9ND SUR����4 DRAWN BY: DAF DWG NAME: ID4175 :(SEE SHEET 7) 68 35 kp 67 36 • 4, 450 SF J 0 4, 806 SF ,�9 �, �• 66 l 38 �, 65 SF N9 ,. 64 ••,••• ` 39 4,450 SF :.��:� =::. �* ,.� : moo. � ♦.•... 4 O � , t�S - i i/• •�� obi a/ � • i - �7e�`�� ' �•♦ •II♦ �I♦IIII.i♦♦ // /•� // �� '�T-I�I�I�I •ICI �b�I�s�'��I��iI�♦�I%i�I� .� ICI I 'I •I V //_��I_i I_�I�I� ��' FINAL PLAT CROSS CREEK VILLAGE SECTION 2 BACK CREEK MAGISTERIAL DISTRICT, COUNTY,FREDERICK GRAPHIC P. Duane . ■ • • 001285 ••TE: MAY 22, 2002 SHEET 8 OF Marsh & Legge 1 Surveyors, ' / 1 .. 1 •. 1 .. 0469 63 / �s Ufl i - 63 WOODBVILLAGE DB 938 38 PG 1570 ZONED: RP USE: RESIDENTIAL 47 OPEN SPACE yti2 F.� SQ C 42 yk D� fig. ti 43 `��:� :'. k 06 SF 09 4, 806 SF �;:;:;• 2 S 36'3538" Woo+ 26. 24' 5 CROSS CREEK VILLAGE SECTION ONE INST. # 010001440 ZONED: RP USE: RESIDENTIAL ANAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 40 0 20 40 80 1 Inch - 40 ft. DATE: MAY 22, 2002 SCALE: 1 "-40' SHEET 9 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office®marshmdlegge.com �LTH OP- P. Duane Brown No. 001285 JJne5, 2002. l�ND SUTt�F'��4 DRAWN BY: DAF DWG NAME: ID4175 NOW, C-0 __j N 88*42 54. 00' 91 90 2 v. 4,806 SF X # 103 54. 00' S 88 1427 0 " W • 54.00' ::.:1 54.00' 10' MAINTENANCE EASEMENT (TYP-) cz, cb cz, 8 . . ........... 4,806 SF . 14,806 SF .......... 41" # 105 54. 00' # -lu/ 216-00' OPEN SPACE N 88*42'10" E 316.00' -- 54. 00, ::::1 50. 00' 50.00, 54. 00' 1 I 1 102 # 104 # 106 # 108 tall 49 4 1,% — 46 8 '.. %4 1 47 4,806 SF 14,806 SF -14,450 N4 450 SF:-2 SF2, C5. -J L — — — 00 S 8814270"1 W 52 53 54 55 Ob 54.00' # 110 145 '4 z:14,806 SF 091 71] �'-- 347. 87.0 56 CROSS CREEK VILLAGE SECTION ONE INST. // 010001440 ZONED: RP USE. RESIDENTIAL FINAL PLAT CROSS CREEK VILLAGE " SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 40 0 20 40 80 I inch - 40 ft. DATE: MAY 22, 2002 SCALE: 1 *=40' 1 SHEET 10 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office0marshandlegge.com o, VpDj o 6":- P. Duane Brown No. 001285 DRAWN BY: DAF (SEE SHEET 12) '` :::,: (SEE SHEET 13);'::;.:: :. 1 7:1 .: �=•����, \\ PEN.. SPA CE 75 5,828 SF op" 6P W...,:.:: �.` . . 00' 74 \ ` "r :... lV 88 42'10" E .216 0 • • .•.''/ 4,450 SF . E ...c';.. 54.00' 73 91 4,806 SF :� I o o` y cn ,Z� 14, 806 SF , G • 101 �8 SPPG :�.s I j, OPEN s4.00' N 16'4725" ,�'`'' S 88'42'10 W 26.46' E 216.00' 5 6/i i�ii'// •' j. � ..(A� 3 88'42'10" E 271.98 (N 6704'50" E N 55V7'20 E 17.79' 27.75 ) (A-15.31) OPEN SPACE N N 8842'10" E 316.00' CROSS CREEK VILLAGE (N 42'4649" E 54.00' \SECTION ONE 23.21) (A= INST. 010001440 30.20 j # 100 ZONED: RP USE: RESIDENTIAL HERITAGE DRIVE o o 50' R/W �- 9 7 ` 50 1:2N 04,806 SF .. . I'll X X. /. .. 25.78 54.00' N 73'42'43" W S 88'42 10 W 347.87 16.97 51 52 FINAL PLAT CROSS CREEK VILLAGE N SECTION 2j,TH OF BACK CREEK MAGISTERIAL DISTRICT �� FREDERICK COUNTY, VIRGINIA o �. GRAPHIC SCALE 40 0 20 '° so P. Duane Brown No. 001285 1 Inch — 40 fL June 5, 2002 d,�ND SUR*4 E�04 DATE: MAY 22, 2002 FSCALE: 1 "a40' SHEET 11 OF 17 Marsh & Legge Land Surveyors, P.L.C. DRAWN BY: OAF I' 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office0marshandlegge.com DWG NAME: ID4175 2. (SEEsm 5) 22 I Q1.... 21 X < L AU, 81 4806 SF z k tK d&� V LQ N ir y Z.b 80 4,806 SF o •82 X 4,806 SF # XJX of 79 4#806 SF 83 78 4,806 SF 84 gyp_ � \ / QQ / � . F:�:�r .irr�'; ' ::- =.. mop. 77 �.� 4,806 SF + �' \$ oo' := ::: . :.,�. LQ. 0, 06> /7 6 cl, 4,806 SF 06' CROSS CREEK VILLAGE 75 SECTION ONE INST. 1010001440 ZONED: RP USE. RESIDENTIAL Af IV J4 *57 jo 158. 00 (SEE SHE T 11) FINAL PLAT CROSS CREEK VILLAGE r-i SECTION 2 Z,TH Op BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 40 0 20 40 w P. Duane Brown No. 001285 1 Inch 40 ft. June 5, 2002 4*,D SURIJ DATE: MAY 22, 2002 1m=40' SHEET 12 OF 17 -SCALE: Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 DRAWN BY: DAF EMAIL officeftamhandleggccom DWG NAME: ID4175 (SEE SHEET 12) -�-�,•,� ;.... �,,i.��.-ems i tip0 ` � � cry ` \ �'•:::•:::::•:�:•:.: �'/84 4,806 SF 09� �� 85 �`°. J,o \:.:.:.:.:::::::::: 's + 4 kp13 4,806 SF : •• . � �=:'•=Y� �� 'l04pt1 mob. �. cp 86 4,450 SF ��.. .: ::.:.;•; � . �� fso ` y2 � op � moo. 87 4, 806 SF 75 :L OPEN SPACE,":' o. • �9�� ... _-.`•�'' � : `fir �Fti � yti � 74 Y• 1Wi (SEE SHEET 10) (SEE SHEET 11) 73 91 ANAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 90 i 89 40 0 20 40 so 1 Inch - 40 ft. DATE: MAY 22, 2002 SCALE: 1'-40' SHEET 13 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office®marshandlegge.com ref' P. Duane Brown No. 001285 .dune 5� 2Do2 l9ND SU-RV ���4 DRAWN BY: DAF DWG NAME: ID4175 N/F THE TREDEGAR TRUST CO., SUCCESSOR TRUSTEE D8 807 PG 658 ZONED: RA USE. VACANT N/F OPEQUON PRESBYTERIAN CHURCH DB 121 PG 278 ZONED: RA USE. CHURCH 27 /` OPEN SPACE 26 % 28 25 �.� 74 . 29 ; P� / \ \ 30 73 ; 23 - \ 72 , 31 •� o 22 }tio j -�2o snN.s \ \ 3281 21 34 35 / 7 9 \ \ \�'ey\ 3TV41' W 779.19 83 ; \ \�,\ 36 67 78 /84 , 85 �`\ ���\ 66 \ / 37 77 , -86 \ \ 76 38 87 \ 75 �\ \ � 39 ; 40 CROSS CREEK VILLAGE 74 -- \ ` \ 230.E ,SECTION ONE \ \ \ \ ZONED: RP USE:010001440 RESIDENTIAL 73 91 90 89 88 \ \\ 41 FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 pyTH OF BACK CREEK MAGISTERIAL DISTRICT o Gr FREDERICK COUNTY, ARGINIA GRAPHIC SCALE v yp.l�itia..� 100 ° W too 2W P. Duane Brown No. 001285 1 Inch - 1W & JurnG 5� ,2000 Z 4 DATE: MAY 22. 2002 SCALE: 1"-100' SHEET 14 OF 17 N� S11,91S Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 DRAWN BY. DAF PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandlegge.com DWG NAME: ID4175 NIF OPEQUON PRESBYTERIAN CHURCH DB 121 PG 278 ZONED: RA USE: CHURCH 27 OPEN SPACE 26 \ 28 25 - ♦ 74 yz 29 24 /�%/' 30 73 ,6 d / \ 72 \\ 71 32 20 SAS sE \ 70 0 33 81 3733 41 Fo�o 1•� O� / \ W MAO cP o ., f / 34 80 \ `a\\ ♦ o�c 82 ; — -- \\ 35 % 9 /83 \ 36 67 \� 84 , 85 �s� \ \���\ 66 77 76 86 / 1\ �,�,� \\ \ 38 65 75 \ 87 ` ` 39 64 \ /, \ , \\ 74 \ __ __ \\ 40 /' • \ 41 73 91 90 89 168 1 m 8 L `S % SM 8924EAs\ � `� , ZF; 7 ,9 1-- \ � 1-T E 340.60 — — NU15. TMEG LANE \ \ CROSS CREEK VILLAGE - `\ \ 43 SEC71ON ONE \ 1 , \ INST. # 010001440 7 ZONED: RP 150 149 148 147 146 ' 45 44 USE: RESIDN 11AL I I FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 Z,TH OF �f BACK CREEK MAGISTERIAL DISTRICT off' FREDERICK COUNTY, VIRGINIA �. GRAPHIC SCALE vyp�uawe.�row.�� 100 ° b0 /00 200 P. Duane Brown No. 001285 1 inch - 100 fL June 5, 2002 DATE: MAY 22, 2002 SCALE: 1'-100' SHEET 15 OF 17 t9A'D sURv��o4' Mprsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N ININCHESTER, VIRGINIA 22601 DRAWN BY: DAF PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office®marshandegge.com DWG NAME: ID4175 N/F THE TREDEGAR TRUST CO., SUCCESSOR TRUSTEE DB 807 PG 658 / ZONED: RA USE. VACANT !„ 22 121 26�^ N/F V PRESBYTERIAN CHURCH DB 121 PG 278 ZONED: RA USE: CHURCH " 27 OPEN SPACE m 74 29 Z O 73 \ YJ 31 72- �o <. _ ry �, ��\ 32 zi�o t ��"�./33 s- 81o��� �34 o , 80 \ 68 7` 35 9 8336 67 84 85 \ .x.. 37 38 86 76 87 :EA75 SEMENT:: •- ,, i. Q'. T •�i +.'. .`: Ley,_ •=r'�.�x. .��^ \ CROSS CREEK VILLAGE 7+•''' 104 'r \ sEcnoN o 1071 INST. # 010001440 \ ; _ ZONED: RPN \ — FUSE: RESIDENTIAL \ 73 K. \ � W 8 g ;o 20' 10 iy r 7 �\ 6 ........... , m 39 66 E 401 12' S 4OW110 E 70. 91 90 89 88 I-- S 2939'10" E NUTMEG LANE _ _ — — _ -� 50 149 148 147 FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 100 0 so too 200 1 Inch — 100 f . DATE: MAY 22, 2002 I SCALE: 1"=100' I SHEET 17 OF 17 Mprsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandlegge.com 46 145 P. Duane Brown No. 001285 .June 5,2002 �9ND svRv��04 DRAWN BY: DAF DWG NAME: ID4175 r-- K— • ' v \\. / , ,�. `� . -•. '- ., . Old OPeQtwm "Ch RS �� Cem 320 vicin* Map APPROVED BY Virginia Department of Transportation Date - Oz Frederick County Sanitation Authority Date i ' dPN na Frederick Co. Subdivision Administ r l`�� ���� Date 07 0 Mo, OWNER'S CERTIFICATE The above and foregoing subdivision of the land of OAKCREST PROPERTIES, L.L.C., as appears in the accompanying plats, is with the free consent and in accordance with the esir s of the undersigned owners, propridItors and trustees, if any. Date Date NOTARY PUBLIC a Notary Pubic in and for the State of Virginia, at lar , do certify hat X i , whose names are signed to the foregoing Owner's Certificate, have acknowledged the same before me in my state. Given under my hand this -25:1 day of 2002. My commission expires _ 31, a.00 SURVEYOR'S CERTIFICA I hereby certify that the property contained in this subdivision is a portion of the property of which a 1/2 interest was conveyed to OAKCREST PROPERTIES, L.L.C. from VALLEY DEVELOPMENT GROUP, INC. by deed dated December 14, 2000 and of which a 1/2 interest was conveyed to OAKCREST PROPERTIES, L.L.C. from BOWMAN TRUCKING COMPANY, INC. and FRED L GLAIZE, III by deed dated January 8, 2001, said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instruments 000013096 and 010000299, respectively P. Duane Brown, L.S. FlNAL PLAT H OF Dj CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT P; Duane Brown No. 001285 FREDERICK COUNTY, VIRGINIA Jun 51F 2002 �4 3URv���4 '"" DATE: MAY 22, 2002 COVER SHEET SHEET 1 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N 1MNCHESTER, VIRGINIA 22601 DRAWN BY: DAF PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office®morshandlegge.com DWG NAME: ID4175 30 \\ 31 32 33 34 80\���\\ 35 83 \ \ 36 n 84 85 \\\\37` 76 86 \ 38 97 75 \\ \ 39 \\ 74 \ 40 � 91 90 89 88 �\ 41 8 \ �/ 42 K5152 53 54 55 � ; 66 / 67 /.c LOTS SHEET 7 U `�.� v' 21-25 5 �` 72 71 26-29 6 - 30-35 7 36-41 8 42-44 9 CROSS CREEK VILLAGE — SECTION 1 45-49 88-90 10 INST. # 010001440 50,911'/3-75 11 ZONED: RP USE: RESIDENTIAL 76-82 12 83-87 13 SHEET INDEX The property represented herein is shown on Frederick County Tax Map 63((A)) as Parcel 40. All lots are Single Family Small Lot — Zero Lot Line. GRAPHIC SCALE 200 0 100 200 400 1 Inch 200 ft. FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 22, 2002 1 SCALE: 1 "=200' 1 SHEET 2 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandlegge.com TH OF P. Duane Brown No. 001285 Junc 5,2002 l9ND SURVF'�o4 DRAWN BY: DAF DWG NAME: ID4175 CURVE TABLE NO. RADIUS ARC TAN BEARING CHORD DEL TA Cl 867.00' 56.75' 28.38' N 14 2447" E 56.74' 03'45'01 " C2 55.00' 82.31 ' 51.06' N 30 20'10" W 74.84' 85'4451 " NUTMEG LANE C3 35.00' 20.51 ' 10.56' N 71 '5445" E 20.22' 33'34'50" C4 60.00' 68.10' 38.25' N 5671 '16 " E 64.50' 65'01 '49 " C5 40.00' 42. 75' 23.67' N 83'03'20" E 40. 74' 6174'02" LADDERBACK COURT C6 60.00' 64.12' 35.51 ' N 06'56'40" W 61.12' 61 '14'02" C7 60.00' 107.19' 74.57' N 88'44'28" W 93.49' 102 21 '34' C8 45.00' 41.66' 22.46' S 13'33'25" W 40.19' 53'0239 " C9 45.00' 29.03' 1101.6J'160.J5'IS 15.04' S 3126'35" E 28.52' 194.0J'j77*J8!26q 1 36'57'2 C10 75.00' 88'44'28" E GOOSEBERRY DRIVE Cl 11 60. 00' 1 38. 70' 0. 05' S 58'33'25" W I 38. 03' I 36 @57:21 " FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 22, 2002 I CURVE TABLE I SHEET 3 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office0marshandeaae.com P. Duane Brown No. 001285 June s,.2ooy2 d,�ND sURv��o¢ DRAWN BY: DAF DWG NAME: ID4175 Area Summary Area in Lots 5. JJ98 Acres Area in Open Space 4.7875 Acres TOTAL AREA SUBDI14DED 10.127J Acres Number of Lots 49 Average Lot Size 4,747 Sq. Ft. Smallest Lot Size 4,450 Sq. Ft. EXIS17NG ZONE. RP EXISTING USE: VACANT MINIMUM SETBACK REQUIREMENTS 25' FROM STATE ROAD 20' FROM PRIVATE ROAD REAR = 15' SIDE = 10' (OPPOSITE ZERO LOT LINE) MINIMUM LOT SIZE: 3,800 SQ. FT. EASEMENT LEGEND ++++++++++-MAINTENANCE:+++++++++++ E, .. ..... — — .. ..... ...... WATER &41�,,C E77rrr,SAWE ��= • 7°DRAINAGE :.��� LADDERBACK COURT, NUTMEG LANE, and GOOSEBERRY DRIVE are Private Roads subject to a 20' Ingress —Egress Easement. No buildings are permitted within the Residential Seperation Buffer or within any Easement. Detached accessory structures are not permitted. The Residential Seperation Buffer is subject to Screeing per Section 165-37.C.1.9.2. of the Frederick County Zoning Ordinance. Additionally, a minimum of 20 Landscape Plantings shall b provided on each individual lot. At least 1 /4 of the Landscape Plantings shall be trees with the remainder being shrubs. The trees shall be a minimum of two inches in caliper at the time of planting, and the shrubs shall be a minimum three —gallon container at the time of planting. FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 22, 2002 I GENERAL NOTES I SHEET 4 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office®marshandlegge.com �'�� LTH o� I� l� �O � P. Duane Brown No. 001285 �1une 5, 2002 L9ND DRAWN BY: DAF DWG NAME: ID4175 SEE SHEET 6 1 i 25' ZONING DISTRICT SEPARATION BUFFER & LANDSCAPE EASEMENT - (SEE SHEET 12) FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 'j'V OF Gj BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA .� GRAPHIC SCALE 40 ° so 40 so P. Duane Brown No. 001285 1 Inch • 40 fL .tune 5, 200,2 DATE: MAY 22, 2002 SCALE: 1 "=40' SHEET 5 OF 17 L4*A sup-ow"3 Mprsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 DRAWN BY: DAF PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office0marshandlegge.com DWG NAME: ID4175 N/F THE TREDEGAR TRUST CO., N/F SUCCESSOR TRUSTEE OPEQUON PRESBYTERIAN CHURCH DB 807 PG 658 �` DB 121 PG 278 ZONED: RA , ZONED: RA USE: VACANT , W , ems_ USE: CHURCH OPEN SPACE ��o 0s f ^\ 5 8g- \ kE�kp� , x� ��•''=• OPEN SPACE Py moo. �. �• 4,806 SFjr``• 26 � •6',9 \ o 4,806 SF �bp 28 �a 4,450 SF ��'' oo. . + + :.r' •619 0 25 �ry t ��� • 4,450 SF•;:. ra ,� 30 �; \\OPEN SPACE ,NV ,,,�,,,, �,,•,i i I/ �L�. FINAL PLAT CROSS CREEK VILLAGE SECTION 2 0 BACK CREEK MAGISTERIAL GRAPHIC SCALE P. Duanerown 001285 DATE:. . oun Marsh & Legge ISurveyors, .1 NORTH LOUDOUN'EET - WINCHESTER, VIRQNIA 22601 EMAIL office0marshandegge.com DWG NAME: ID4175 l vm0 74 11 • • i�j • , f • r'a fte,�p�•,Aj� ,ojipvl� � � � � � • relbd;I, r - w•Ifr.I. �� > > ANAL PLAT CROSS CREEK VILLAGE rj SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, GRAPHIC SCALE P. Duane c • Brown No. 001285 D•TE: MAY 22, 2002 OF Marsh & Legge I Surveyors, • 1 NORTH LOUDOUNM E' VIRGINIA 22601 EMAIL • •, ,ID4175 (SEE SHEET 7) •�I�I�i ssti�gr4o. •�t,�sreo•. ♦ � � ►� �SiSi�i�i�iSi!i`.ili WN DISTRICTFINAL PLAT CROSS CREEK VILLAGE " SECTION 2 BACK CREEK MAGISTERIAL FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 21002 SHEET 8 OF 63 1 4 j'TH OF D l� r P. Duane Brown No. 001285 June 5,.2oo.Z L i 4 �Nv SURv�'�o DRAWN BY: DAF DWG NAME: ID4175 �s .E M 63 WOODBROOK VILLAGE DB 938 PG 1570 ZONED: RP USE. RESIDENTIAL G p1I / k�l OPEN SPACE ��. cl c�, / y2 ,0° �r 806 SF �k \. �:�:•. 06 SF op- 4-4 4,806 SF 3;-. � oo_ S 36'3538" W 26.24' CROSS CREEK VILLAGE SECTION ONE INST. 1010001440 ZONED: RP USE: RESIDENTIAL FINAL PLAT CROSS CREEK VILLAGE N SECTION 2,Z,TH OF BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA° GRAPHIC SCALE 40 ° 20 40 so P. Duane Brown No. 001285 1 Inch — 40 ft. June 512002 DATE: MAY 22, 2002 SCALE: 1 "-40' SHEET 9 OF 17 44ND Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: DAF PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office@marshandlegge.com DWG NAME: ID4175 91 ���:. 90 "4:• 89 0 g 914,806 SF $ o: 4,806 SF # 103 # 105 54.00' 54.00' S 8642'10" W OPEN SPACE F10' MAINTENANCE EASEMENT (TYP.) 1 • • :0. SF 1:k 107 c, •:;. a• N 8842'10" E _ _ J16. 00' 50. 00, 54. 00' T — 54. 00' 50. 00' #102 #104 #106 #108 48 i i 4 7 ►-446 �oI`= 49 �..��,, o $i�•4,450 SF�:$�v; 4,806 SF $�0 14,806 SF o�0.4,450 SFo . o �::,: o I s 1 t. 54.00' �: 50.00'` 54, 00' _ „•., �; : "„ A 4�;�,.: 5p. 00.V s 88.42'10 "T w 5, 55 BOSS CREEK VILLAGE SECTION ONE INST..4 010001440 ZONED: RP USE: RESIDENTIAL / # 110 �. 45 0 :o:� 4,806 SF $� o 56 FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 40 0 20 40 e0 1 inch = 40 ft. DATE: MAY 22, 2002 SCALE: 1 "=40' SHEET 10 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL ofce®marshandleaae.com pj,TH OF �N U �.d7ua•,,.� P. Duane Brown No. 001285 c5,2'��4j0�4D sUR`i��o4 DRAWN BY: DAF DWG NAME: ID4175 (SEE SHEET 12) - (SEE SHEET 13):::.: / 76 4276'26" jE.- X. o ZON N SPA CE�',.,.- 5,828 SF 0 tJ yy.890O,+ moo. SIN 74 88.42'10" E 216.00' 4,450 SF . E �' k` w 54. oo' y�o2� � �:� �� �z — — — — ,•'. a 73 I 91 4,806 SF 4,806 SF • o �o yyp2 moo.♦ �9 o 8 � o _ OG 5 S P PGE v o` # 101 �j, 0pEN S4. oo a N 16'47 25" E s 88 4210 w 26.46 I I Ac- CROSS CREEK VILLAGE SECTION ONE \ INST 1010001440 ED: RP USE: 7 (N 67V4'50" El N 55 07:20" E 17. 79' 27759 (A-15.31) OPEN SPACE N N 88*42'10 E 316.00' (N 42 4649" E 54.00' 23.21) (A= 30.20) # 100 2 X. to ZI TA GE DRIVE 0 50' R/W 1; c°po I i 50 49 N 73'42'43" l 16.97' 4,806 SF 25.78' 54.00' S 88,,42 10 W 347. 87 51 52 FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 40 0 20 40 so 1 Inch 40 ft. DATE: MAY 22, 2002 SCALE: 1 "=40' SHEET 11 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL officeAmarshandleggecom H OF- P. Duane Brown No. 001285 j LAND S13?-'q DRAWN BY: DAF DWG NAME: ID4175 22 ' �06 h0 81 �' ,Ich s •. , 4806 SF y ,tK -� cSZQs� / s:r'� oo. ' O 4806 SF82 �h, h N0`L 7 4,806 SF f g 4 806 SF 83 78 4,806 SF 77 4,806 SF �s/ off76 .. \ x0 :'/ 4,806 SF O� s� 06, y ` CROSS CREEK VILLAGE 75 SECTION ONE INST. # 010001440 ZONED: RP USE: RESIDENTIAL .57'3$" N 34w 158.00 (SE S1ET 11) FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 L,TH Op BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA ry. GRAPHIC SCALE 40 ° 20 40 °0 P. Duane Brown No. 001285 1 inch — 40 ft. June 6,2002 DATE: MAY 22, 2002 SCALE: 1 "=40' SHEET 12 OF 17 LAA'D SURv��o4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: DAF PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandlegge.com DWG NAME: ID4175 (SEE SHEET 1 -ig�C�: O- �� ............... 4,806 SF :::::::::. o�� 4,806 SF �..4�,��ormod, 4,450 SF 0 5 j 87 o 4, 806 SF 75 OPEN SPACE:' V`. 74 (SEE SHEET „) (SEE SHEET 10) 73,r� 91 90 89 ANAL PLAT CROSS CREEK VILLAGE N SECTION 2 tLTH Op BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 40 ° 20 4° 80 i P. Duane Brown No. 001285 1 inch = 40 ft. June 512oo,Z DATE: MAY 22, 2002 SCALE: 1"=40' SHEET 13 OF 17 L-4*D Si1R-gs- oo Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 DRAWN BY: DAF PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office®marshandlegve.com DWG NAME: ID4175 N/F THE TREDEGAR TRUST CO., SUCCESSOR TRUSTEE DB 807 PG 658 ZONED: RA USE. VACANT N/F OPEQUON PRESBYTERIAN CHURCH DB 121 PG 278 ZONED: RA USE: CHURCH 27 ^ \ OPEN SPACE m .�• � 2974IN 24`r � %P� \ 30 73 23 � --�-- 31 22 }ryo�� -�2' sew. s1:rrER 321 33 2 ii� \ \ 81 ko `\ ` 34 80 79 \ 82 1, /83 78 �. �� 84 . 85 72 87 �\ 75 CROSS CREEK VILLAGE 74 -- -- ,SEC77ON ONE ZONED: 001440 RP USE: O RESIDEN nAL 73 91 L 90 jj9 88 ANAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, MRGINIA GRAPHIC SCALE 100 0 50 100 200 1 Inch 100 & DATE: MAY 22, 2002 SCALE: 1 "=100' SHEET 14 OF 17 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LWDOUN STREET N WINCHESTER, MRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office0marshandegge.com 71 s � 'Q 35 68 36 n 37 67 ? 66 39 4d4l Ai�TH P. Duane Brown No. 001285 Jvne 5, 2002 lgND sUR'����4 DRAWN BY: DAF DWG NAME: ID4175 N/F OPEQUON PRESBYTERIAN CHURCH DB 121 PG 278 ZONED: RA ` USE: CHURCH r24 , 27 OPEN SPACE 2628 Z 74 Z 29�i \ �30 73 ice �� o' 72 32 i moo, \o' SAIL SEWER EASE60170 33 6� 'co� F� \ f3733 41 W 779.19 80 F� \�� _�0 34 82 , - - \ \� 35 ,/ 83 %� ��'� `�� 36 67 /84 , 85 �`�\\ ���� '' 66 , 77/ 86 J 76 ,/ \ `�� `\ 38 65 -75 87 \ \\ 39 64 \✓- \ 1 \ \ 41 73 91 90 89 88SAN. SEWER �- \ 897416M E 3C60' � <15. — NUTMEG LANE \ \ CROSS CREEK VILLAGE -' -- \ \ \ 43 ' SECTION ONE INST. 010001440 7 ZONED: RP 50 49 148 ' 47 146 ' 45 ' 44 USE: RESIDENTIAL ANAL PLAT CROSS CREEK VILLAGE N SECTION 2 ��I,TH OF BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA° GRAPHIC SCALE 100 ° 50 t00 20° P. Duane Brown No. 001285 1 Inch — 100 M J tine 5, ,2ooz DATE: MAY 22, 2002 SCALE: 1'=100' SHEET 15 OF 17 t9h'D sUR���o4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET n WINCHESTER, VIRGINIA 22601 DRAWN BY: DAF PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL officeAmarshandegge.com DWG NAME: ID4175 N/F OPEQUON PRESBYTERIAN CHURCH DB 121 PG 278 �` ZONED: RA USE: CHURC� /7�,` -27 �\ OPEN SPACE 26 28 ' 25 74 ` rg , 24 \ ��—, ` , \\\ 30 73 , 23 � 72 /� \\ 31 \ 22, //— �� \\ 71 /tee-/ � o� •• \ 32 /o� � 81 �of.c •._ \\ 33 / \ \34O \ 80 79 \ V35 /83 ::::::.\36 8 1 84 85:::: °��\ ss 77 86 N 3733'4 WATER EASEMENT 65 76 479.54� w ....... `\ 38, `. \ \75 \ 39 \ 40 lool N CROSS CREEK VI L GE ` 7 3 SECTION ONE INST. 1010001440 \ ZONED: RP \ \ 41 ... .. t,. . , USE: RESIDENTIAL 2&59 _ _ _ _ _ 9 NUTME 8 y �— — — — G LANE — — — — � � — — — — — — N 2731'27' 160.01 �J 3 F-50F 7 \ MOW48 ; 47 ; 46 1 45 1 IM 44 6 \ AitR EASEMENT \, 16'40'31' E X31' 1410 /eF51 52 53 54 55 56 FINAL PLAT CROSS CREEK VILLAGE ri SECTION 2,LTH OF �r BACK CREEK MAGISTERIAL DISTRICT o �l FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE o>pA uo-"-9' 100 ° ao 1°° zoo P. Duane Brown No. 001285 1 inch = 100 fL June 5,2ov2 DATE: MAY 22, 2002 SCALE: 1r =100 l9 SHEET 16 OF 17 *D S U p -j.04 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 DRAWN BY: DAF PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office®marshandegge.c om DWG NAME: ID4175 I , T 89 �88I 91 L-- F t N/F N/F THE TREDEGAR TRUST CO.,PEQUON PRESBYTERIAN CHURCH O., SUCCESSOR TRUSTEE DB 121 PG 278 DB 807 PG 658 ZONED: RA ZONED: RA '�0� USE: CHURC� USE. VACANT !- �4i- ` 22 121 OPEN SPACE 27 26�' �,28 29 / 74 ' -'��ti \\Y30 73 �� \ \ 72 31 32 33 80 ' 82 � ' 1 �\\ 35 68 = --- �� 79 \ \ ` 83 \ \ ..� \ 36 67 PA 77 f' 8 6�o \� DRAINAGE,.-.-:-_ - k� ��,�s ;EASEMENT: 75 CROSS CREEK VILLAGE S.6 r =� 4y1 SECTION ONE 7 _. 04. INST. # 010001440 \ % _ ZONED: RPM \ _ — USE: RESIDENVAL \ 73 E 8 \ �� 10 1 7 \ 6 24 23 �P • ' S 40D911E 12' N 91 ; 90 ; 89 88 I I i I S 2939'IV E- NUTMEG LANE _ 150 49 48 ' 47 10' 146 RAINAGE F'14 FINAL PLAT CROSS CREEK VILLAGE N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, MRGINIA GRAPHIC SCALE 100 0 50 100 200 1 inch - 100 & DATE: MAY 22, 2002 I SCALE: 1'=100' 1 SHEET 17 OF 17 Mprsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office®marshandlegge.com 39 661 e 401 H OF P. Duane Brown No. 001285 .iune $� 2002 l�ND svR��'�o4 DRAWN BY: DAF DWG NAME: ID4175 i Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 April 6, 2007 Mr. Thomas A. Dowell 109 Calico Court Winchester, Virginia 22602 RE: Cross Creek Village Dear Mr. Dowell: Thank you for your letter of March 7, 2007, in which you requested clarification regarding two issues: (1) landscape screening behind your property, and (2) damaged sidewalks. I trust the following will address your concerns. (1) The County required a Residential Separation Buffer behind your property (at 109 Calico Court), essentially between your property and the Stine property to the west. This buffer included various landscape elements which would mature to offer an aesthetically pleasing landscape screen. Through the planning, design, and construction of the Cross Creek Village, the required landscape features were evaluated, discussed, and agreed upon. Based on the location of your property (and your neighbors at 105 and 107 Calico Court), and the topography, in April 2002 it was agreed that a landscape modification was appropriate. This modification resulted in utilizing the benefits of the topography, and supplementing with various landscape plantings, to achieve the separation buffer. The resulting landscaping would include a mixture of lilacs, cherries, and spireas, totaling 21 plantings in the area behind 105, 107, and 109 Calico Court. I believe OakCrest advised you of the plantings in an April 2004 letter. (2) I understand that OakCrest will address the necessary repairs to the damaged walkways within the Cross Creek Village development. A representative from my staff will visit the project and evaluate what repairs may be required based on our county requirements. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Thomas A. Dowell Re: Cross Creek Village April 6, 2007 Page 2 Si c4ely, r ErR. Lawrence, AICP Plahning Director cc: Jim Clark, 126 Ladderback Ct., Winchester, VA 22602 OakCrest Companies, 2055 Valley Ave., Winchester, VA 22602 County Zoning Administrator ERL/bad OakCrest COMPANIES 2055 Valley Avenue Winchester, Virginia 22601 540-722-4100 fax 540-662-8825 www.oakcrestbuilders.com OAKCREST BUILDERS, INC ERA OAKCREST REALTY, INC OAKCREST PROPERTIES, LLC MERIDIAN PROPERTIES, LLC November 12, 2004 2 pn Mr. Eric Lawrence D E C E Q U E Director of Planning and Development Department of Planning and Development, Frederick C(1. 107 North Kent Street, 2nd Floor NOV$ 2004 Winchester, Virginia 22601 RE: Cross Creek Village — Landscaping Eric, Thank you for taking the time to meet with me last week to review the landscaping requirements for Cross Creek Village. As you know, OakCrest worked very hard with the County staff to draft the landscaping requirements for small lot communities such as Cross Creek Village with the intent of providing beautiful and livable neighborhoods. The zoning ordinance was written and adopted prior to the construction of any such communities and we quickly learned that the number of trees required per lot was not conducive to a healthy neighborhood. The trees would have had to have been placed too close to each other which would not allow them to grow in a healthy and strong manner. In addition, the trees would have been planted too close to the homes which would have created maintenance problems with leaves in the gutters as well as the possibility for mold to grow on the sides of homes due to a lock of proper air circulation and sunlight. We responded to this opportunity by requesting to plant the same number of trees and shrubs as were required, but do so primarily in the open spaces as opposed to on specific lots. The county staff agreed to this modification and we agreed to plant (2) trees per lot on the actual lots, (3) trees per lot in open spaces and (15) shrubs per lot on the actual lots. Please refer to attached sheet number 1 of 4 for a brief synopsis of the zoning ordinance requirements and approved changes. In addition to the landscaping requirements as outlined above, there were requirements for specific perimeter landscaping and buffering which is detailed on the approved construction plans. We have taken an exhaustive inventory of the perimeter landscaping installed and have concluded that we need to plant (18) additional schip laurels along the battlefield as well as install a split rail fence along the property line at the battlefield. Please refer to attached sheet numbers 1 of 4 and 2 of 4 for a list of the required buffers and perimeter landscaping as well as a list of the buffers and perimeter landscaping that have been installed. Landscaping requirements for individual lots and open spaces are outlined above. The landscaping that has been installed on individual lots is shown on attached sheet number 2 of 4. The landscaping that has been installed in open spaces is shown on attached sheet numbers 3 of 4 and 4 of 4. Please refer to attached sheet number 4 of 5 for the total number of plants installed that count towards the county requirement for lots. Note: this number does not include any of the required buffer or perimeter landscaping. On sheet 4 of 4, we explain the total number of trees and shrubs installed. We calculate a total of (240) trees and a total of (2,936) shrubs. We have planted fewer trees than required by the ordinance and a surplus of shrubs. At the bottom of attached sheet number 4 of 4 we explain our rationale for the credit that we are expecting for the surplus shrubs that have been planted and how the value of these shrubs relates to the value of the trees that they replaced. Our calculations show that the (1,571) surplus shrubs have the same value as (196) trees. With this in mind, we still need to plant a minimum of (19) trees at Cross Creek Village. In summary, the attached documentation shows that once we complete the split rail fence along the battlefield, plant an additional (18) schip laurels along the battlefield and plant a minimum of (19) additional trees within the community of Cross Creek Village, we will have met or exceeded the landscaping requirements as shown on the approved construction plans and/or through various agreements with adjoining property owners and county staff throughout the course of this project. Again, thank you for all of the time and effort you and Mark Cherin have dedicated to helping us make this a successful project. Thank you for the time you have spent reviewing the landscaping issues with us. I have provided signature blocks for you and Mark Cherin to indicate that we have met to discuss these changes and that you each agree that the requirements listed in the summary will complete our responsibility for all landscaping requirements in Cross Creek Village. (Note: We will continue to warranty all plants installed for a period of one year from the date of initial planting.) Thank you for your flexibility which has allowed us to revise the construction plans to meet the wishes of the property owners in Cross Creek Village by allowing the additional visitor parking spaces to be constructed as well as removing some of the walking trails that homeowners association felt were undesirable. or Ge Date Mr. Mark Cherin Date and Development Zoning and Subdivision Administrator Sincerely, Matthew Robertson, CLA President, OakCrest Land Development OakCrest Companies Encl. Sheets 1-5, Landscaping Calculations, Cross Creek Village Cross Creek Planting Tabulation rev. July 22, 2004 Cc. Vaughn Foura, OakCrest Builders - 1-- :z� V.-is r &'.j L'a v , alu"3 t-eace, ` 7-7� f %.51T 0,4 l ac S - V2� — .... ......... LA �Pc---.CAV-CAA 5E:x:tjoL &,-C;o ie_rT 4cPClc{Y.uwr4o .._...__._..__........____..__�'`_� � l CZs� ous_�P--7`5 -- �'.:.._ Paco 0PE,s s,�uu�l�.Jo C -n — o'�AV r �J'TS \,J srt� V..��.__ � T Gov : owdaCws —c..o j N-t -Ca- �►a\ a� s�(i4� s �.J wrt 04�+�!_SP,►��, — --- __----- ydFt.Q�.-Ja�Lc.. �aiv_�P�,M�+�C----M..a,x� Q�W`�s-__--yS..o---�►.�fl ...---___ __ ---�� _--�.t.�c,S. �.L1,�3✓-----��0 �-'S.--!�T.�V.��c.'�--.. _.. Z�'cJ_ �5���__— __e c� j L __�..9_...---- Z\S tl April SP 2004 OakCrest Mr. Thomas A. Dowell (certified mail) COMPANIES Member / Resident Cross Creek Village Community 109 Calico Court Winchester, Virginia 22602 2055 Valley Avenue Dear Mr. Dowell, Winchester, Virginia 22601 540-722-4100 Thank you for your letter dated March 2e 2004, with "Failure to comply with fax 540- 25 ers.c com www oakcrestbuilders. Frederick County Site Plan and VA State Code" stated as the subject of the letter. It . was a pleasure speaking with you on the telephone on Monday, April 5th 2004 to discuss the letter in more detail. During our telephone conversation, I told you that I would personally look into these matters and resolve them quickly. Following is the written response you requested. The first item you mentioned in your letter concerns the "Screening Trees in front of Development ". I have taken the time to research this further by talking to Milam's Landscaping, (contractor responsible for installing the said trees as well as maintaining them throughout the warranty period which is 1 year from the date of planting). In my research, I learned that these trees were originally planned to be a "double row of white pines 10' on center and staggered, 5' minimum planting height...". This was the plan for the trees on each side of the entrance where Cross Creek Village adjoins the properties of Mr. Stine, 318 Apple Valley Road and The Wilson's, 246 Apple Valley Road. This planting plan was required to screen the future Cross Creek Village from the existing properties. During the planning process, representatives from OakCrest Properties met with the two aforementioned families and we agreed to revise the plan to show additional plant species. This was done to enhance the screen. The revised plan called for 3'.. and 4'-tall Leyland Cypress staggered and planted 10' on center. It also called for a mixture of lilacs, sand cherries and spirea. The new landscape plan called for 281totalyplants. Representatives from our company approached Eric Lawrence, Frederick County Planner, to inform him of the wishes of the adjoining property owners to revise the screen. Mr. Lawrence said that revising the screen was acceptable if we could obtain signatures from each of the adjoining landowners on the revised planting plan. The property owners signed the plan and we proceeded to install the plants. During the course of construction of Cross Creek Village, we have lost some of these plants for various reasons. Milam's Landscaping has replaced the dead trees with new ones. Per my request, Milam's Landscaping has measured each tree in the field and assured me that they are all at least four feet tall with a majority of them reaching closer to five feet tall and beyond. With this research completed, I can assure you that we have met all of the requirements of the Frederick County Code and that we have met or exceeded the expectations of the adjoining owners for whom the screen was planted. We are sensitive to the increased truck traffic on Apple Valley Road and the importance that this places on the screening trees. As you already know, the Leyland Cypress trees are a fast-growing evergreen tree. We are all looking forward to these OAKCRESIBUILDERS, INC trees providing a full visual buffer from the new Ford Distribution Center. ERA OAKCREST REALTY, INC OAKCREST PROPERTIES, LLC The second item you mentioned in your letter concerns "the Documents to be MERIDIAN PROPERTES, LLC provided by Declarant upon Transfer of Control". I have also taken the time to research this further as I promised. Thank you also for your patience in allowing us the time to contact the many parties involved in this matter. You and your attorney are absolutely correct in the fact that certain documents need to be turned over upon transfer of control to the newly elected BOD per Virginia State Code 55-509.2. OakCrest Properties, LLC contracted Mr. Don Butler of Virginia Property Group (VPG) to manage the day-to-day operations of the Cross Creek Homeowner's Association (the association). At the time that VPG began managing the association, OakCrest turned over all appropriate documents to VPG for their records. After consulting with Mr. Butler via telephone this week, he assures us that he passed all of this information to Ms. Joanne Teague when she was elected as the first President of the Cross Creek Homeowners Association. Mr. Butler did not retain copies of the documents forwarded to Ms. Teague. Ms. Teague did not forward the documents to Col. Phil Tilson at the last election when he became the new president of the association. During a telephone conversation with Ms. Teague earlier this week, Ms. Teague acknowledged that she received these documents from VPG and that she is currently storing them at her residence. She also indicated that due to an illness in her family, she will be unable to retrieve these documents at this time. Ms. Teague assured us that she will find the said documents in the next two to three weeks. At this time, I encourage you to continue to work with your elected Board of Directors and Ms. Teague to find all of the documents you are looking for. If there are any documents missing, please feel free to contact me and I will do everything I can to track them down and forward them to the association. Additionally, I will forward the BOD a copy of the as -built plans for Cross Creek Village once all of the construction is complete. Thank you again for your continued interest in the success of Cross Creek Village. Please do not hesitate to contact me if I can be of further assistance. Sincerely, n Matthew S. Robertson Director of Land Operations cc. Mr. Vaughn Foura, President, OakCrest Builders, Inc. Ms. Joanne Teague, Past -President, Cross Creek Homeowners Association Col. Phil Tilson, President, Cross Creek Homeowners Association Mr. Don Butler, Virginia Property Group file ig TOO 4 r 17 kkc COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: File FROM: Eric R. Lawrence, Deputy Director' ,,(`� RE: Cross Creek Village Landscape Plan DATE: April 11, 2002 At 11:00 AM on Thursday, April 11, 2002, staff participated in an on -site meeting to discuss the required landscape plantings for the Cross Creek Village subdivision. In attendance was Jim Vickers, Greg Unger, Vaughn Foura, Mike Milam, and John Massie, and Eric Lawrence. The following items were agreed to by those in attendance: 1. Individual lot plantings. The Zoning Ordinance requires that 20 plantings be planted on each of the Single Family Small Lots. Five of these plantings shall be trees. It was agreed that the lot sizes were too small to accommodate all five of the required trees. Therefore, the update to 3 of the required trees could be planted elsewhere in the Cross Creek Development. By planting these trees within the project the property owners will continue to reap the intended benefits. A typical lot landscape plan will be submitted by the applicant and placed in the Subdivision File. 2. Residential Separation Buffers. RSBs are required along the eastern and southwestern property lines. Based on the natural terrain and existing vegetation, modifications to the typical landscape buffer plantings is appropriate. The developer will provide a revised landscape plan schematic to the Planning Department for placement in the Subdivision file. 3. While items 1 and 2 enable the developer to deviate from the standard landscape requirements, this deviation does not enable a reduction in the total number of required plantings for the project. The developer will provide the Planning Department with a running total, per phase, confirming that the required plantings are satisfied. U:\Eric\Common\Subdivisions\crosscreek.landscaping.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 S E P 1 4 2005 COMMONWEALTH ®f VI]E G INIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEYPIKE GREGORYA. WHIRLEY EDINBURG, VA 22824 ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER September 13, 2005 Mr. Greg Unger C/O Cross Creek Partnership 2055 Valley Avenue Winchester, VA 22601 - Ref: Cross Creek Village Subdivision, Section I Hermitage Drive, Route 1287 Frederick County Dear Mr. Unger: A one year follow-up inspection has been performed on the referenced right-of-way improvements. There are no deficiencies that can be attributed to defective workmanship or materials. We have processed the necessary documents to return the subdivision surety to you in the amount of $3,750.00. Please allow a minimum of thirty days to receive this check. Should you have any questions, please call. Sincerela, ia Lloyd A. Ingram Transportation Engineer LAUrf Copy: Mr. Mark Cheran Staunton — Fiscal Section VirginiaDOT, org WE KEEP VIRGINIA MOVING t� April SP 2004 oakCreSt Mr. Thomas A. Dowell (certified mail) COMPANIES Member / Resident Cross Creek Village Community 109 Calico Court Winchester, Virginia 22602 2055 Valley Avenue Dear Mr. Dowell, Winchester, Virginia 22601 540-722-4100 Thank you for your letter dated March 28u' 2004, with "Failure to comply with fax 540-662-8825 www.oakcrestbuilders.com Frederick County Site Plan and VA State Code" stated as the subject of the letter. It was a pleasure speaking with you on the telephone on Monday, April 5t' 2004 to discuss the letter in more detail. During our telephone conversation, I told you that I would personally look into these matters and resolve them quickly. Following is the written response you requested. The first item you mentioned in your letter concerns the "Screening Trees in front of Development". I have taken the time to research this further by talking to Milam's Landscaping, (contractor responsible for installing the said trees as well as maintaining them throughout the warranty period which is 1 year from the date of planting). In my research, I learned that these trees were originally planned to be a "double row of white pines 10' on center and staggered, 5' minimum planting height...". This was the plan for the trees on each side of the entrance where Cross Creek Village adjoins the properties of Mr. Stine, 318 Apple Valley Road and The Wilson's, 246 Apple Valley Road. This planting plan was required to screen the future Cross Creek Village from the existing properties. During the planning process, representatives from OakCrest Properties met with the two aforementioned families and we agreed to revise the plan to show additional plant species. This was done to enhance the screen. The revised plan called for3' and 411 Leyland Cypress staggered and planted 10' on center. It also called for a mixture of lilacs, sand cherries and spirea. The new landscape plan called for 281`totalants. Representatives from our company approached Eric Lawrence, Frederick County Planner, to inform him of the wishes of the adjoining property owners to revise the screen. Mr. Lawrence said that revising the screen was acceptable if we could obtain signatures from each of the adjoining landowners on the revised planting plan. The property owners signed the plan and we proceeded to install the plants. During the course of construction of Cross Creek Village, we have lost some of these plants for various reasons. Milam's Landscaping has replaced the dead trees with new ones. Per my request, Milam's Landscaping has measured each tree in the field and assured me that they are all at least four feet tall with a majority of them reaching closer to five feet tall and beyond. With this research completed, I can assure you that we have met all of the requirements of the Frederick County Code and that we have met or exceeded the expectations of the adjoining owners for whom the screen was planted. We are sensitive to the increased truck traffic on Apple Valley Road and the importance that this places on the screening trees. As you already know, the Leyland Cypress trees are a fast-growing evergreen tree. We are all looking forward to these OAKCREST BUILDERS, INC trees providing a full visual buffer from the new Ford Distribution Center. ERA OAKCREST REALTY, INC OAKCREST PROPERTIES, LLC The second item you mentioned in your letter concerns "the Documents to be MERIDIAN PROPERTIES, LLC provided by Declarant upon Transfer of Control ". I have also taken the time to research this further as I promised. Thank you also for your patience in allowing us the time to contact the many parties involved in this matter. You and your attorney are absolutely correct in the fact that certain documents need to be turned over upon transfer of control to the newly elected BOD per Virginia State Code 55-509.2. OakCrest Properties, LLC contracted Mr. Don Butler of Virginia Property Group (VPG) to manage the day-to-day operations of the Cross Creek Homeowner's Association (the association). At the time that VPG began managing the association, OakCrest turned over all appropriate documents to VPG for their records. After consulting with Mr. Butler via telephone this week, he assures us that he passed all of this information to Ms. Joanne Teague when she was elected as the first President of the Cross Creek Homeowners Association. Mr. Butler did not retain copies of the documents forwarded to Ms. Teague. Ms. Teague did not forward the documents to Col. Phil Tilson at the last election when he became the new president of the association. During a telephone conversation with Ms. Teague earlier this week, Ms. Teague acknowledged that she received these documents from VPG and that she is currently storing them at her residence. She also indicated that due to an illness in her family, she will be unable to retrieve these documents at this time. Ms. Teague assured us that she will find the said documents in the next two to three weeks. At this time, I encourage you to continue to work with your elected Board of Directors and Ms. Teague to find all of the documents you are looking for. If there are any documents missing, please feel free to contact me and I will do everything I can to track them down and forward them to the association. Additionally, I will forward the BOD a copy of the as -built plans for Cross Creek Village once all of the construction is complete. Thank you again for your continued interest in the success of Cross Creek Village. Please do not hesitate to contact me if I can be of further assistance. Sincerely, n 1 Matthew S. Robertson Director of Land Operations cc. Mr. Vaughn Foura, President, OakCrest Builders, Inc. Ms. Joanne Teague, Past -President, Cross Creek Homeowners Association Col. Phil Tilson, President, Cross Creek Homeowners Association Mr. Don Butler, Virginia Property Group file OakCrest COMPANIES 2055 Valley Avenue Winchester, Virginia 22601 540-722-4100 fax 540-662-8825 www.oakcrestbuilders.com OAKCREST BUILDERS, INC ERA OAKCREST REALTY, INC OAKCREST PROPERTIES, LLC MERIDIAN PROPERTIES, LLC November 12, 2004 Mr. Eric Lawrence D E tVi E Q V E Director of Planning and Development Department of Planning and Development, Frederick C a 1 NOV 8 2��4 107 North Kent Street, 2nd Floor Winchester, Virginia 22601 RE: Cross Creek Village — Landscaping Eric, Thank you for taking the time to meet with me last week to review the landscaping requirements for Cross Creek Village. As you know, OakCrest worked very hard with the County staff to draft the landscaping requirements for small lot communities such as Cross Creek Village with the intent of providing beautiful and livable neighborhoods. The zoning ordinance was written and adopted prior to the construction of any such communities and we quickly learned that the number of trees required per lot was not conducive to a healthy neighborhood. The trees would have had to have been placed too close to each other which would not allow them to grow in a healthy and strong manner. In addition, the trees would have been planted too close to the homes which would have created maintenance problems with leaves in the gutters as well as the possibility for mold to grow on the sides of homes due to a lock of proper air circulation and sunlight. We responded to this opportunity by requesting to plant the same number of trees and shrubs as were required, but do so primarily in the open spaces as opposed to on specific lots. The county staff agreed to this modification and we agreed to plant (2) trees per lot on the actual lots, (3) trees per lot in open spaces and (15) shrubs per lot on the actual lots. Please refer to attached sheet number 1 of 4 for a brief synopsis of the zoning ordinance requirements and approved changes. In addition to the landscaping requirements as outlined above, there were requirements for specific perimeter landscaping and buffering which is detailed on the approved construction plans. We have taken an exhaustive inventory of the perimeter landscaping installed and have concluded that we need to plant (18) additional schip laurels along the battlefield as well as install a split rail fence along the property line at the battlefield. Please refer to attached sheet numbers 1 of 4 and 2 of 4 for a list of the required buffers and perimeter landscaping as well as a list of the buffers and perimeter landscaping that have been installed. Landscaping requirements for individual lots and open spaces are outlined above. The landscaping that has been installed on individual lots is shown on attached sheet number 2 of 4. The landscaping that has been installed in open spaces is shown on attached sheet numbers 3 of 4 and 4 of 4. Please refer to attached sheet number 4 of 5 for the total number of plants installed that count towards the county requirement for lots. Note: this number does not include any of the required buffer or perimeter landscaping. On sheet 4 of 4, we explain the total number of trees and shrubs installed. We calculate a total of (240) trees and a total of (2,936) shrubs. We have planted fewer trees than required by the ordinance and a surplus of shrubs. At the bottom of attached sheet number 4 of 4 we explain our rationale for the credit that we are expecting for the surplus shrubs that have been planted and how the value of these shrubs relates to the value of the trees that they replaced. Our calculations show that the (1,571) surplus shrubs have the same value as (196) trees. With this in mind, we still need to plant a minimum of (19) trees at Cross Creek Village. In summary, the attached documentation shows that once we complete the split rail fence along the battlefield, plant an additional (18) schip laurels along the battlefield and plant a minimum of (19) additional trees within the community of Cross Creek Village, we will have met or exceeded the landscaping requirements as shown on the approved construction plans and/or through various agreements with adjoining property owners and county staff throughout the course of this project. Again, thank you for all of the time and effort you and Mark Cherin have dedicated to helping us make this a successful project. Thank you for the time you have spent reviewing the landscaping issues with us. I have provided signature blocks for you and Mark Cherin to indicate that we have met to discuss these changes and that you each agree that the requirements listed in the summary will complete our responsibility for all landscaping requirements in Cross Creek Village. (Note: We will continue to warranty all plants installed for a period of one year from the date of initial planting.) Thank you for your flexibility which has allowed us to revise the construction plans to meet the wishes of the property owners in Cross Creek Village by allowing the additional visitor parking spaces to be constructed as well as removing some of the walking trails that homeowners association felt were undesirable. 9e IQ9 Date Mr. Mark Cherin Date ing and Development Zoning and Subdivision Administrator Sincerely, Matthew Robertson, CLA President, OakCrest Land Development OakCrest Companies Encl. Sheets 1-5, Landscaping Calculations, Cross Creek Village Cross Creek Planting Tabulation rev. July 22, 2004 Cc. Vaughn Foura, OakCrest Builders -------------- �S>StlC�e yam o- LO'c '- 0- 1:>IeS V-CeS4- G.—N--MCAi car-_ 1 .5 LF--< LL Cll� �o. l Z+�� `��Cn��ol1S _�izE•��. - Q�.pN�a_-?�sa_C'S�.�IE� __-____..----_-e__..._ ..._._ ----__.___...__.-_._�• L�O�j__rJk.G��LSovS_�C+•E�"S ._._.__-- _ '�l"a___ 1NOooS�.ciao__�______.__..—__._._.__.-.__.________�__.-__ Z. � � o) ��wauS S4�L�► _—�_� SAP-�.�'�s �¢?�s-----------_.--------__._----—_--_-- lZ, Cv 2 �—avow �R�<.'`� - bP�^l SK,I�c�. 3E,*1�••�0 �.�5 GCS -S4 z> "�L-3 - -------------- 5k AL -A- 6T.--� clll� —1 Liar— COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 TO: File FROM: Eric R. Lawrence, Deputy Director /J`U/ RE: Cross Creek Village Landscape Plan DATE: April 11, 2002 At 11:00 AM on Thursday, April 11, 2002, staff participated in an on -site meeting to discuss the required landscape plantings for the Cross Creek Village subdivision. In attendance was Jim Vickers, Greg Unger, Vaughn Foura, Mike Milam, and John Massie, and Eric Lawrence. The following items were agreed to by those in attendance: 1. Individual lot plantings. The Zoning Ordinance requires that 20 plantings be planted on each of the Single Family Small Lots. Five of these plantings shall be trees. It was agreed that the lot sizes were too small to accommodate all five of the required trees. Therefore, the update to 3 of the required trees could be planted elsewhere in the Cross Creek Development. By planting these trees within the project the property owners will continue to reap the intended benefits. A typical lot landscape plan will be submitted by the applicant and placed in the Subdivision File. 2. Residential Separation Buffers. RSBs are required along the eastern and southwestern property lines. Based on the natural terrain and existing vegetation, modifications to the typical landscape buffer plantings is appropriate. The developer will provide a revised landscape plan schematic to the Planning Department for placement in the Subdivision file. 3. While items 1 and 2 enable the developer to deviate from the standard landscape requirements, this deviation does not enable a reduction in the total number of required plantings for the project. The developer will provide the Planning Department with a running total, per phase, confirming that the required plantings are satisfied. U:\Eric\Common\Subdivisions\crosscreek.landscaping.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 COMMONWEALTH of VIRGINIA Philip A. Shucet COMMISSIONER January 23, 2004 Mr. Patrick Davenport C/O County of Frederick Department of Planning 107 North Kent Street Winchester, VA 22601-5000 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 Ref: Cross Creek Village Hermitage Lane, Route 1287 Frederick County Dear Patrick: JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 The addition package for the streets listed in the Board's resolution dated January 14, 2004 for the referenced development has been forward to our Central Office in Richmond for processing. The Commissioner's Office will notify the Board when the addition has been approved. In the meantime, if you have any questions do not hesitate to contact me at (540) 535-1828. Sincerely, a 'd Dave A. Heironimus Hwy. Permits & Subd. Specialist Sr. /rf xc: Mr. Eric Lawrence Cross Creek Village Partnership JA N 2 8 2004 VirginiaDOT.org WE KEEP VIRGINIA MOVING as ► COMMONWEALTH ®f VIRGI IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 January 5, 2004 Mr. Greg Unger C/O Valley Development Group 2055 Valley Avenue Winchester, VA 22601 Ref: Cross Creek Village Subdivision, Section I Route 652, Frederick County Dear Greg: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 On March 28, 2003, VDOT accepted construction of all right-of-way improvements of the referenced development. By copy of this letter to Mr. Patrick Davenport, Frederick County Subdivision Administrator, we are providing him a legal description of these streets so the necessary Board of Supervisors' resolution may be prepared. For your information the total length of the proposed addition is 0.10 mile. Once we receive the signed and executed Board resolution in this office, the actual addition date can be established. However, assuming a February 1, 2004 addition date can be accomplished there will be a maintenance fee of $156.25 and the surety amount will be $3, 750.00. The surety instrument should be dated from February 1, 2004 to February 1, 2005. To meet the February 1, 2004 addition date, the required bond and maintenance fee will need to be in our office by January 16, 2004. Should you have any questions, please do not hesitate to call me at (540) 535-1828. Sincerely, Dave A. Heironimus Hwy. Permits & Subd. Specialist Sr. DAH/rf Enclosure xc: Mr. Bill Stover, Mr. Eric Lawrence, Mr. Patrick Davenport (W/ original Form SR-5A) VirginiaDOT.org 0// 01,134% WE KEEP VIRGINIA MOVING b!-off COMMONWEALTH ®f VIRGI IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 October 22, 2002 Mr. Greg Unger C/O Valley Development Group, Inc. 2055 Valley Avenue Winchester, VA 22601 Ref: Cross Creek Village Route 652 Frederick County Dear Mr. Unger: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX(540)984-5607 As requested, a walkthrough inspection has been performed for the referenced development. The following is a list of items that will need to be corrected prior to VDOT's acceptance of construction. All items are marked with orange spray paint. Hermitage Drive • Replace cracked sidewalk on left side at Station 3+00±. • Replace cracked curb & gutter on left side at Station 3+15+. • Replace left side of entrance at Calico Court. • Replace cracked curb & gutter on right side at Station 2+70+. • Replace cracked curb & gutter on right side at Station 1+80+. • Replace cracked right side of entrance at Candlewick Drive. I suggest you proceed with acquiring all the necessary utility quitclaims and submit them to me for processing. This will help expedite the addition process once all items are corrected and construction is accepted. Should you have any questions, please call. Sincerely, Dave A. Heironimus Hwy. Permits & Subd. Specialist Sr. DAH/rf xc: Mr. Eric Lawrence Mr. Patrick Davenport VirginiaDOT.org WE KEEP VIRGINIA MOVING 101 OCT 2 4 2002 DEPT. OF PLANNINGIDEUELOPMENT _cdivision Checklist r Comment sheets from the following agencies, along with any marked copies of the plan: (Comment sheets not required if approved tLIDP is associates with this subdivision.) _ VDOT City of Winchester _ Sanitation Authority Health Department Inspe ' s�epartment Parks & Recreation Fire Marshal County Engineer 11/1 1 V V V L l�/�JLLV[i LLV31 L I- Vl V VL . i� Fee paid (amount: $�s5i ) Information entered in d-BASE and Reference Manual 0 Z • 2-4- 00 mile given to Renee' to add to Application Action Summary '.5 Q 1 Plat(s) signed by Subdivision Administrator a2 - 6 - 61 Approval letter to applicant/agent Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics manager for structure numbering assignment 1i Updated d-BASE and Reference Manual rl�-d2-Q ,— File given to Renee' to update Application Action Summary Q— Final plat(s) submitted with review agency signatures along with: Recorded deed of dedication Bond estimate (if required) $ MOpemtons ManuaAsubdivisiorark Revised: 11/30/98 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 July 9, 2002 Marsh & Legge Land Surveyors, P.L.C. Attn: Mr. Duane Brown 560 North Loudoun Street Winchester, VA 22601 RE: Cross Creek Village Subdivision Section 2 - Final Plats Dear Duane: This letter is to confirm that the final plats for Cross Creek Village Subdivision, Section 2, have been approved. Oakcrest Builders has been contacted to collect the final plats for distribution. Section 2 in this subdivision allows for the development of forty nine (49) single-family small lots. An existing Letter of Credit in the amount of $45,225.00, covering the development of Cross Creek Village, Section 1, is now available for the construction guarantee required in Section 2. Please return a copy of the recorded plats and deed of dedication to this office. If you have any questions, please feel free to call. Sincerely, pt"tw'A �ja�vA Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/rsa cc: Jim Vickers, Oakcrest Builders Jane Anderson, Real Estate Margaret Douglas, Board Member Back Creek District Greg Unger, PC Member Back Creek District Cordell Watt, PC Member Back Creek District UAPatrick\Common\S_D Reviews\Cross Creek Village Sect 2_fmal plat apprv.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Cross Creek Village - Street Name Signs Subject: Cross Creek Village - Street Name Signs Date: Mon, 19 Mar 2001 13:51:48 -0500 From: Rhonda Sargent <rsargent@co.frederick.va.us> To: gwcliff@mnsinc.com This message is for Ron Mislowsky: Dear Ron: Please advise the developer of the subject subdivision that the initial manufacture and installation of the following units will be their responsibility: 1 - GOOSEBERRY DR & BUTTERSCOTCH CT 2 - BUTTERSCOTCH CT & BUTTERSCOTCH CT 2 - CALICO CT & HERITAGE DR 1 - CANDLEWICK DR & HERITAGE DR 1 - CRANBERRY CT & CRANBERRY CT 1 - CRANBERRY CT & HERITAGE DR 1 - CRANBERRY CT & CANDLEWICK DR 1 - APPLE VALLEY RD & HERITAGE DR' If the developer elects to have the county manufacture and install these units, please have them contact me. If you have any questions, do not hesitate to contact me. Sincerely, Rhonda L. Sargent 1V C u S CLJTvoC 1 of 1' j- l.c--) lc� n ncp 1 l CCJ� o 3/19/01 1:51 PM 06i 05/2eO2 10: 46 540-662-8825 CAk:C.REST BUILDERS PAGE E]1/Ef2 i Oay,urest COMPANIES I i i 2055 VaRty A:nnue Winchester, Virginia 2260 I S40--722-410C fax 540-662-892.5 Vt'u>w.oaktrc.-tbuildera,corn i OAKCRESTHLIILDIM, INC EPA OAKCRB$T REALTY, INC olkx REST PROP! RT(Es, LLC MERIDIAN PROPERTIES, %LC June 5, 2002 Mr. Patrick Davenport Frederick Planning & Development 107 N. Rent Street Winchester, VA 22601 VLA, FAX 678-0682 Dear Patrick` I wanted to follow up from our phone conversation this morning pertaining to several of our subdivisions in Frederick County. Regarding the issue on Cross Creek Village I have enclosed a copy of the approval letter for the subdivision design plans signed by Mike Ruddy. Hopefully after your review of this letter the only thing that will need to be done is to review: the subdivisions plats that you have. In our discu%siona there were a few minor things you were going to discuss with Duane in correcting the plats. I assume that will be done in a few days. Secondly, on our Windstone subdivision, I have already spoken to aim Doran. He indicated he is okay, with the understanding there is a requirement of 7 ree units that is to be installed in the subdivision and we would be worldsng with his department in the placement and types of rec units to be used. A dollar amount has been determired by his department. We are currently working with, Triad on the comments from the other ' agencies and expect to this to be finalized within a few days. Our concern on both of these projects is we are ready to begin construction or. homes and need to record the subdivision plats and would appreciate any help ! you can give us on processing these documents. By all means if there is anything 1 can do to expedite this process please let me lmow. I will call you later to get an update on the progress. With best regards, K ism Vickers J'V/ii enclosure 06/05/2002 16:21 540-662-8825 OAKCREST BUILDERS PAGE 01/01 July 27, 2000 COUNTY of FREDERICK Department of Planning and Development 5401665.5651 FAX: 540/678-0682 f JGC "i C.1 Dan Mr. Ron Mislowsky G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 RE: Approval of Subdivision Design Plan #03-00 - Cross Creek Village: PIN 63-A-40 Dear Ron: This letter is to confirm that the Subdivision Design Plan for the Cross Creek Village Subdivision was administratively approved on July 24, 2000. The approval ofthis subdivision design plan will enable the development of ninety-one (91) single family small lot, zero lot line residential units with an average lot size of 4,800 square feet. At your convenience, please forward the final plats, deed of dedication, covenants and restrictions, and any necessary bonding for the development, to this office for review and approval. Please call me if you have any questions regarding the approval of this subdivision design plan. Sincerely, Michael T. Ruddy, AICP Zoning Administrator MTR/ch cc: Margaret B. Douglas, Back Creek District Sapervisor Ed Stravvsnyder, Public Works Jane Anderson, Real Estate Jerry Copp, Virginia Department of Transportation Albert Omdorff, Frederick County Schools Ll \MMeTammcn\SU901VISNapprq alA rp$mmakspp,wpd 107 North Kent Street • Winchester, 'Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: File FROM: Eric R. Lawrence, Deputy Director RE: Cross Creek Village Landscape Plan DATE: April 11, 2002 At 11:00 AM on Thursday, April 11, 2002, staff participated in an on -site meeting to discuss the required landscape plantings for the Cross Creek Village subdivision. In attendance was Jim Vickers, Greg Unger, Vaughn Foura, Mike Milam, and John Massie, and Eric Lawrence. The following items were agreed to by those in attendance: 1. Individual lot plantings. The Zoning Ordinance requires that 20 plantings be planted on each of the Single Family Small Lots. Five of these plantings shall be trees. It was agreed that the lot sizes were too small to accommodate all five of the required trees. Therefore, the update to 3 of the required trees could be planted elsewhere in the Cross Creek Development. By planting these trees within the project the property owners will continue to reap the intended benefits. A typical lot landscape plan will be submitted by the applicant and placed in the Subdivision File. 2. Residential Separation Buffers. RSBs are required along the eastern and southwestern property lines. Based on the natural terrain and existing vegetation, modifications to the typical landscape buffer plantings is appropriate. The developer will provide a revised landscape plan schematic to the Planning Department for placement in the Subdivision file. 3. While items 1 and 2 enable the developer to deviate from the standard landscape requirements, this deviation does not enable a reduction in the total number of required plantings for the project. The developer will provide the Planning Department with a running total, per phase, confirming that the required plantings are satisfied. U:\Eric\Common\Subdivisions\crosscreek.landscaping.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Department. of Planning and Development 540/665-5651 FAX, 540/665-€395 February 6, 2001 Mr. Ron Mislowsky G.W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: SUBDIVISION #03-00 OF CROSS CREEK VILLAGE, SECTION I Dear Ron: This letter is to confirm that your application for Cross Creek, Section I was administratively approved on February 5, 2001. Please forward a copy of this section, the deed of dedication, and the covenants to this department once it is recorded. If you have any questions regarding the approval of this subdivision, please feel free to call this office. Sincerely, Eric R. Lawrence, AICP, CZA Zoning Administrator ERL/kac cc: Tim Vickers, Oakcrest Properties, L.L.C. Real Estate Tom Sullivan, Frederick County Schools Ed Strawsnyder, Director of Public Works Jerry Copp, Virginia Department of Transportation 01A9oUbSWPR_DEN1W\SUBDMSM9Ci=Crate Section l.Apd COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG, VA 22824 COMMISSIONER January 29, 2001 Mr. P. Duane Brown, C.L.S. C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Ref: Cross Creek Village, Section #1 Frederick County Dear Mr. Brown: JERRY A. COPP RESIDENT ENGINEER TELE(540)984-5600 FAX (540) 984-5607 A VDOT review has been completed on the final plat dated January 15, 2001 for the referenced project. The plat appears to reflect the information shown on the approved project plans and is therefore approved by this letter. We are returning four signed copies of the plat to your office, one copy is being retained for our work file. Please provide one copy of the plat of dedication fully signed and recorded at the appropriate County Clerk's Office prior to the issuance of any land use permit from VDOT. If there are any questions, please feel free to call. Sincer ly, Q%Il�t� I Barry 1 Sweitzer, //Trans. Roadway Engineer For: Steven A. Melnikoff, Transportation Engineer BJS/rf Enclosures xc: Mr. Dave Heironimus Mr. Evan Wyatt RECEIVED FEB 0 12001 DEPT. OF PLANNING/DEVELOPMENT WE KEEP VIRGINIA MOVING 2055 Valley Avenue Winchester, VA 22601, 540.722.4100 January 23, 2001 Mr. Ed Strawsnyder Frederick County Public Works 107 N. Kent Street Winchester, VA 22601 VIA FAX: 678-0682 RE: Letter of Credit for Cross Creek Village Dear Ed: I have had discussion with Evan Wyatt pertaining to our Cross Creek Village project regarding the requirement for a Letter of Credit for our I" section. We have requested Mike Hammer of Clifford & Associates to provide us the value of the completion of section one by using the guidelines required by Frederick County. In his summary he has indicated a completion amount of $350,000.00 which I have provided a copy of his letter dated January 19, 2001, a plat of Cross Creek Village Section 1, and a spreadsheet of the construction status report dated January 15, 2001. Hopefully these are the documents needed to confirm our amount of Letter of Credit. If you would be kind enough to review this and confirm this is correct we will provide the Letter of Credit to Evan Wyatt's department. Thank you for your time and effort regarding this matter. With best regards, Jim Vickers JV/jj enclosure Building duality Homes Since 1974 gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Surveyors — Land Planners — Water Quality 19 January 2001 Mr. Jim Vickers Valley Development Group 2055 Valley Avenue Winchester, Virginia 22601 RE: Cross Creek Village Dear Jim, Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A. Mislowsky, P.E. Da -ad J. Saunders, P.E. Directors: P. Duane Brown, L.S. William L. Wright Michael A. Hammer Thomas W. Price As requested and for your use in discussing a bond amount with the County for the value of work remaining to complete Section I of the above referenced project please find attached a spreadsheet showing the various elements of construction and the current estimated value completed and remaining for each section. The values shown in this summary are those per your contract with APAC — Virginia, Inc. and the amount of work completed/remaining based upon work completed thru invoice #5 and a field review of work completed since the end of December. Based upon the above information and as reflected by the summary the value of work remaining to complete Section I (per the attached plat) is $349,913.90. If you have any questions regarding this estimate or the summary provided do not hesitate to contact this office. Sincerely, gilbert w, clifford & associates, inc. Mike Hammer MAH/kf Enclosure 200 North Cameron Street, Winchester, Virginia 22601. (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com Member American Consulling Engineers Council 1 1\ f$9 17 16 / OAKCREST PROPERAES, L.L.C. 15 /� �\ (Remainder — 10.13 Acres) 51152j53154155jM 1 <0-57 59 M NI 8 65 61 69 64 62 ti 63 LOTS SHEET �O,a 7271 70 1 7'p LOTS SHEET 2 8 51-54 15 3-4 9 , 55-57 16 5-7, 10 10 �� 58-60 18 8-9 11 61-65 19 11-13 12 66-69 20 14-17 13 70- 71 5 18-20 14 SHEET INDEX 72 6 The property represented herein is a portion of the property shown on Frederick County Tax Map 63((A)) as Parcel 40. All lots are Single Family Small Lot — Zero Lot Line. FINAL PLAT ON0,1285 Cross Creek Villa e� Section 1 Back Creek Magisterial District, Frederick County, Virginia DATE: JANUARY 15, 2001 SCALE: 1"=200' FILE: C:\CROSSCREEK\PLATS.DWG ENGINEERSr. LAND PLANNER SURVEYORSmej kw- 6148-3F 150-C a" Cewr�ieh 0�1iw 2W Nob Oon.o� Sirso! SHEET WOM0 22401 Whotut� ftbnb "IN 2 is eod-2�ta 0 r00 200 ADD t -�3v of 27 Cross Creek Village Construction Status Report January 15, 2001 Section I Bid Item Description Unit UP Section I Remaining Completed No./Cost Section II Remaining Completed No./Cost Total 1. Performance & Payment Bond LS S 10,000.00 10096 (Deleted) +004 0 0 2. Clearing & Grubbing LS $11,500.00 100% 0 100% 0 $ 11,500.00 3. Site Grading LS $346,707.00 $104,012.10 $69,341.40 $104,012.10 $69,341.40 $346,707.00 4. Water System A. Connect to existing 12" water main LS $412.00 100% 0 100% 0 $ 412.00 B. Connect to existing 20" water main LS $5,155.00 100% 0 100% 0 $ 5,155.00 C. Furnish & install 8" water main LF $48.62 100% 0 100% 0 $ 74,631.70 D. Furnish & install 3" water main LF $27.75 0 5007 $13,875.00 0 0 $ 13,875.00 E. Furnish & install 2" water main LF $24.80 0 16557 $41,044.00 0 32957 $81,716.00 $122,760.00 F. Furnish & install 3" gate valve EA $462.00 0 3/ $924.00 0 0 $ 924.00 G. Funush & install 2" gate valve EA $302.00 0 6/ $1,812.00 0 6/ $1,812.00 $3,624.00 H. Furnish & install fire hydrant assemblies EA $3,812.00 100% 0 100% 0 $ 19,063.00 I. Furnish & install 2" master meters EA $1,730.00 0 1/ $1,730.00 0 2/ $3,460.00 $ 5,190.00 J. Furnish & install residential services 1. Short Side EA $400.00 0 40/ $16,000.00 0 42/ $16,800.00 $ 40,020.00 2. Long Side EA $1,400.00 0 0 5/ $7,000.00 $ 7,000.00 5. Furnish & install Sewer Utilities A. Connect to existing manhole EA $515.00 100% 100% 0 $ 2,060.00 B. Furnish & install 8" PVC SS LF $3395 100% 0 100% 0 $ 100,83150 C. Ftunish & install 4' D. manholes EA $1,890 00 100% 0 100% 0 $ 26,460.00 D. Furnish & install additional VF manhole VF $150.00 100% 0 100% 0 $ 1,500.00 E. Furnish & install 4" lateral piping LF $29.85 100% 0 100% 0 $ 90,445.50 6. Furnish & install Storm Drainage A. Furnish & Install PG-2A IF $33.50 100% 0 100% 0 $ 12,22750 B. Furnish & install 6" CPP LF $21.40 100% 0 100% 0 $ 385.20 C. Furnish & install 12" CPP LF $25.50 0 0 1957 $4,972.50 $ 4,972.50 D. Furnish & install 15" CPP LF $26.50 100% 0 100% 1107 $2,915.00 $ 34,609.00 E. Furnish & install 18" CPP LF $2950 100% 0 100% 0 $ 5,516.50 F. Furnish & install 21" CPP LF $33.20 0 0 1807 $5,985.00 $ 5,985.00 G. Furnish & install 24" CPP LF $34.50 307 $1,035.00 100% 0 $ 5,313.00 H. Furnish & install 36" RCP LF $48.25 100% 0 100% 0 $ 5,307.50 1. Furnish & install 8" RCP LF $20.00 100% 0 100% 0 $ 900.00 J. Furnish & install 12" RCP LF $30.00 100% 0 100% 0 $ 3,150.00 K. Furnish & install 15" RCP LF $31.00 100% 0 1000A 0 $ 8,153.00 L. Funush & install 14"x23" RCEP LF $49.25 100% 0 100% 0 $ 14,627.25 M. Furnish & install 19"00" RCEP LF $61.00 100% 0 100% 0 $ 24,400.00 N. Furnish & install DI-1 Structures EA $2,460.00 0 1/ $2,460,00 100% 0 $ 31,980.00 O. Furnish & install DI-3A Structures EA $2,980.00 100% 0 100% 0 $ 2,980.00 P. Furnish & install DI-3B Structures EA $3,525.00 100% 0 100% 0 $ 10,575.00 Q. Furnish & install DI-3C Structures EA $3,220.00 100% 0 2/ $6,440.00 $ 19,320.00 R. Furnish & install EW-11 EA $2,400.00 100% 0 100% 0 $ 12,000.00 S. Furnish & install M1401 EA $2,400.00 100% 0 100% 0 $ 9,600.00 T. Furnish & install Yard Inlets EA $2,400.00 0 0 1/ $2,400.00 $ 2,400.00 U. Furnish & install 15" ES-1 Structures EA $645.00 100% 0 100% 0 $ 1,290.00 V. Furnish & install Underground Stomi LS $145,000.00 100% 0 100% 0 $ 145,000.00 Water Detention Pond W. Furnish & install SWM Pond A LS $2,850.00 100% 0 100% 0 $ 2,850.00 7. Furnish & install roadways A. Furnish & install Apple Valley Road widening LS $23,500.00 0 $23,500.00 N/A 0 $ 23,500.00 B. Furnish & install Hermitage Drive LS $84,000.00 $25,200.00 $58,800.00 N/A 0 $ 84,000.00 C. Furnish & install Candlewick Drive LS $19,500.00 $4,875.00 $14,625.00 N/A 0 $ 19,500.00 D. Furnish & install Calico Court LS $18,000.00 $4,500.00 $13,500.00 N/A 0 $ 18,000.00 E. Furnish & install Cranberry Court LS $48,000.00 $12,000.00 $36,000.00 N/A 0 $ 48,000.00 F. Furnish & install Nutmeg Lane LS $45,500.00 0 0 $11,375.00 $34,125.00 $ 45,500.00 G. Furnish & install Butterscotch Court LS $53,000.00 $13,250.00 $39,750.00 $ 53,000.00 H. Furnish & install Gooseberry Drive LS $13,000.00 $1,072.50 $3,217.50 $3,484.00 $5,226.00 $ 13,000.00 I. Furnish & install Ladderback Court LS $49,000.00 0 0 $12,250.00 $36,750.00 $ 49,000.00 S. Furnish & install E&S Measures LS $41,000.00 $8,200.00 $12,300.00 $8,200.00 $12,300.001 $ 41,000.00 Swmnary Original Contract Amount $1,714,325.15 Less Amount for Alt. Pipe/Detention Pond ($40.000.00) Subtotal $1,674,325.15 Less FCSA Tap Fees ($34,125.00) Subtotal $1,640,200.15 Less Performance & Pamem Bond Costs ($10.000.001 Current Contract Amount $1,630,200.15 Value of work completed thru Invoice #5 $989,043.35 and thru Jan. 15, 2001 (Less C.O. work) Value of Work Retraining $641,156.80 • Section I $349,913.90 Section li $291,242.90 Overall site grading estimated to be 60% complete. Sec. I grading represents approximately 50% of the overall grading. (.50 x $346,707.00 = $173,353.50 x .60 = $1047012.10; $69,341.40 remaining) gilbert m elifford Be associates, inc. RECEIVE® JAN 2 6 2001 FREDERICK CO. PUBLIC WORKS & INSPECTIONS -24-2001 8:37AM FROM DAKCREST BUILDERS S40 662 882S P.1 a 2055 Valley Avenue Winchester, VA 22601, 540.722.4100 Building duality Homes Since 1914 y 23, 2001 Mr. Strawsnyder Fredc ick County Public Works 107 Sent Street Wine iester, VA 22601 VIA FAX: 678-0682 RE: er of Credit for Cross Creek Village Dear I hav We the byl of With Jim J'V/h had discussion with Evan Wyatt pertaining to our Cross Creek e project regarding the requirement for a Letter of Credit for ou'r I' re requested Mike Hammer of Clifford & Associates to provide us ae of the completion of section one by using the guidelines required lerick County. In his summary he has indicated a completion t of $350,600.00 which 1 have provided a copy of his letter dated T 19, 2001, a plat of Cross Creek Village Section 1, and a :beet of the construction status report dated January 15, 2001. illy these are the documents needed to confirm our amount of Letter lit. If you would be kind enough to review this and confirm this is we will provide the Letter of Credit to Evan Wyatt's department. you for your time and effort regarding this matter, est regards, 1-24-2001 8 : 37AM FROM OAKCREST BUILDERS 54D 662 8825 M, 19 3anuary 2001 Mr. Jim Vickers Valley Development Croup 2055 Valley Avenue Wimbester, Virginia 22601 RE: Cross Creek Village Dear Jim, rt w. Clifford & associates, ine INCORPORATED 1972 -� Surveyors — Land planners — Water Quality Hoard eflDiroi:w n: Pta:eidmh 'Jhoawas ,1, O'Toole, P.E. Vita Presid"ts: Chnrlci F. Maddox, Jr., P.l Kirl R. Sutherk:nf , P.13. Rc auld A. Mislowsky, P-R, David ,r Satuldm' 111. Direatun: R Uu::no Brown, LS. William i,. wriithl Michaol A. I•L.rcuner 1110ma.'s w. Prim As requested and. for your use in 4iscussing a bond amount with the County for the value of work remaining; to complete Section I of the above Ireferenced project please find attached a spreadsheet showing the various elements of construction and th current estimated value completed and remaining for each section. The values shown in this summary ar those per your contract with APAC — Virgrinia, Inc. and the amount of work completed/remain.i.ng based upon. vork completed tbau invoice 45 and a field review of work completed since the end of December. Based upon the above informatio* and as reflected by the summary the value of work remaining to complete Section I (per the attached plat) is 349,913.90. If you have any questions office. Sincerely, gilbert w. elifford & associs Mike Hammer M.AWL,f Enclosure (540) this estimate or the summary provided do not hesitate to contact this inc. 'forth Cameron Street, Winchester, Virginia 22601 ,7.2139 Fa.x (540) 665-0493 e.n�ail gwclifi7w:ttrisinc,cottt ,Vein per American Conmulung Engineers Council 1-24--2001 8:38AM FROM OAKCREST BUILDERS SaO 662 882S Pl _ 3 �2a is 18 17 16 OAKCREST PROPER7WS, LIC i5 ( •`\ (Remoinder N 10.13 Acres) 14 12, 98 6 4151 152153KA155156 57 2 /�� BS 60 59 69 S 6564 fit 1 83 LOTS SHEET 72 71 70 1 7'LOTS SHEET 2 s 51-54 15 3-4 9 55-57 16 5-7, 10 10 58-60 18 8-9 11 61-65 19 11-13 12 66-69 20 14-17 13 r 70�-71 5 18-20 14 rSHEE l MEX 72 6 The property represented herein is o portion of the property shown on Frederick County Tax Map 63((A)) as Parcel 40. All lots are Single Fam ly Small Lot - Zero Lot Line. FINAL PLAT 3DWANE Cross Creek Village ^- Section 1 eck Creek Magisterial District, Frederick County, Virginia 0 TE: JANUARY 15, 2001 SCALE: 1"-200! FILE_ C: \CR0$$0REEK\PLATS.DWG g0WSft�dlNdrdtccRSOSoe tes,Inai?it�KpFRS -- 1.i1NF) Ia1.�diIdERS �- SURVEY�OfiS1 OwON MW6 O0 W- ft SHEET ( a -211e ° xz�or r� r1a Boa ° ' + 0 2 OF 27 1—24-2eOl 8 : aBAM FRa/, OAKCREST BUILDERS 540 662 8825 P. 4 Cross Creek V14ge Coestruetloa Sxstttit Report January 13, 2O]�� Section 1 Ca -- Bid 1""Da'M sk+e — unir 4R Salim Carr loled I J Rcam4Wluk FLoJCmt st Coat latui W., u 11-0.+.g Na:Cost Tsrxl CriatnaC Yymwlt amd (D,.4C,A) 0 2. Ckariag & irrubhiag 1.$. Yi 1,50u (10 1O0w. 0 3UCrw G S l l,sixl.,x: 3. Sit. 0:64bg , LS $546.70700 $104.01210 $0.341.40 $104,012.10 SCM41A0 134G,70? C 1 4. W.ta*stdm n. Co,o.aut t.exixtiu8 l2,.am,r wn IS 5412.W 10046 0 160% C S 432,00 B. CmuoA W cxiAin.2U" miff main LS S5,153.00 IWA a 1G:r: u S .5,155.O1i C F:mdsh x uutall 3" water mmn LF $48.62 MY. 0 1&Vtt S 74,1i3:,7G 1) FWM1914% btswll 3"+va(ar twin LF 52775 C 50U'/ 6I3,575.00 0 0 S 13,175.U0 I FUnti4h & ifikul 2" Ivaiv tmdn LI, 124.SU O 1655;' S41:J44.OU� 0 Z9SY YS1 716 0G Y:2.7W.00 F Futeish & huWil 3" saw vows tat y462.OG 0 3J SWUA. u 0 1, S 924.UC U. Funndt dt Lvnn!!!2"Yale vxlvu EA 5302.00 0 u S1 j313.00; U . SLR1200 53,624.UC N. Flunidl A ift"ll 11. hyr-1 WAW*lias LA 53,812.o0 1004: Di IM9L 0 1 t9,nG3.!JO I. FurwthR inrlaIl 2"w"In metara SA $1,730.OU 0 1, v,30,W 0 1, Y3,d(WW Y 5:4u.00 FM4sh a< b WI reskfWJQI sarvk'o II 3. Srnr[ Side Elk 540C 00 0 4Gr SWWO.GO G 42, S I(,8OC M S 4C.020 T, 2, I-smg Sid. H,5 11,4W OU 0 0 51 S7,000-a) S '3yut) a) 5. F "N'.h A imgdt +swer (hilUia j A. Catneet to =1211Dz I:wtllwia LA 5515.00 10096 IUO+h U 5 2.060.CXI 3. Fumish & hvtall S• PVC SS LF $33 W I170'f�4 D !Owl, U i Ek,M 50 I C F-.Oh& LnnWa .1 R, rMholes EA S1,89G.00 100% 0 iOJ% 0 $ 26,46U,00, D. FWtti:th& instal! tiddi(ional Vf itlnahole vF S150.00 IOC. 0 1004ti 0 $ 1 i00.00 S. Ftrntsh & inat4ll 4" lAwea FiVL g U. 129.95 100?: 0 1009u 0 S X,445. 50 6 kUntiall d; Install Scram Orainges A. flmti1It&11NA3 PQC A IF S32 56 106% 0 3609c: 0 Y 12.2275fi A. Furnish&autall 6•C11i) LF $21.40 100 0 3fi09c 0 S 385.20 C. Fumn+h & install 12' LIT LF 325.50 0 3 `'A S4 i72.5G S 4,972. SC D. rumiO & b:¢ta1115Cep LF 526.50 100% 0 lU:7ri :i9, V.915.00 S 34,609.00 I %. Furnish& in tall 19,("'T If $:4.30 1W94 J l0U% 4)S 5.51C.50 F. Ptuwth A b'ZI 21"(, P LF 333.20 0 D ISO" S 93j.W S 5,9850G 0. Fwai It & WWI 24" CI'I' LF $34.50 3,Yf SI'mS.60 1IMA it Y 5,313.+JU ' H. FumLa4 & huteli W, RCP LF Y41.25 100-A Oj 103% G S 3.307,50 1, fumisb A install 3' RCP I 121.n0 100% 0 100% 0 1 900.00 J. Fonria3t& bi.,10412"ROP LF Sx.UU IUfYA 0 30'J% C' S 3,250a30 K. Funish A iniwll '1S' RCP Lk $31.00 1009E 0 300% 0 S R,153.W L. k'urlush d: butall 14' 43" RLM 1.134925 1 ON. 0 l00"m 0 $ 14.627.25 NJ I'WWilt 42 btitsli 19"r3U"RCEP LF $61.UO iDUWa O IMPA 0 S 24,400.00 N. F.reixl,& L:swll 01-1 Stru;1Wer EA S2,46C.00 u V Y2.460,00 1G0sfa U S 31.980.X, O, Fumflil d; L1stu11 Dl-3A Stnotmcas FA 2,590.00 :3,525.00 100% 0 1005e a S 2,9WJ IX) i F. RvM%bdlmFOF(I DI-3RSM741ra4 !A 1D04t 0 I 0 S 1C,575.W, Q. kum(sh A lutall M-3C 9hv4— IA $3220.00 10M 0 2, yd.a4C,;s0 Y 19,33D W '2,DU:1.00 It. F'umlb S; Install 13W-11 FA 571"I'Dn IDO% 0 100P/. U S S. Rtewd hA install Ml101 T Funtirll 4t iae'all Yard bdru xn S2,4W.00 EA S2,400 % IOUS4 1) 0 0 160r1 0 lJ 53,460.0C S 0,6G0.00 S 2.40oA0 U FUndsll&a nsall 13"FS.1'MIKIV-49 HA S645.00 I'JC% IC'(a! 0 S 1,Z90.00 V Fumiih do instill Undergrawld Storm I f$ 5145,OW.00 IDO% O WOy u Y 143:;113U.UU j W .W L)t01wwa rand qt. nbti%h at imftol"AWM Fund A LS S2,130.00 V036 0� IN% 0 5 2,550.00' 7 Fumish & install raailw*s j A, Fwrdsh& ilutWl Apple Valley Rud)*idenl g L% $23,30000 0, 523,500.00 h7A 0 S 23,500(Y) $. An4sh&2latauIlatiliti4e Onus IS S14.06D,00 S25.200.0 S58,600.00 RIA 0 S 94,00.00 C. Furnish& lanai] Curs. omvic lDrim LS 179,SNIOG S4,67$.GU SI4,625,00 X!A 0 S 19.500.fx) DMuaialiA iAMAL Calico C,OUIT LS $18,Dmoo $4,500.00 51 MOU 00 NIA 0 S 11,00.03 E. i'urW"ikW1,11 CIA"t' Cewe LS $46,00D.00 S12,V).O0 S36,000.(51 N,A I U S' 43.000.OD 1'.lumish&inarullNuuttegLaw L8 $45.500.00 0 J 511,375.Ou 154,123AC S 455001)0 L3. Amdut ♦ imull Butlanworah Cate I.8 S53.M.'JO 1131250.00 539,750.00 S 53W0.00 H F—in, R iotOl O.s ..bar) Drina LS $! 3,000.00 $1,07255 53,217.50 53,4d4.M 15 _2: 4 S 0".L,.M I I. F%utiahA matull l..Jttwlsxck Court LS y49,IXA.0f1 (7 0 512,250 UO nc,150 fx, S 0 ow M B. Fu Wa, & mmll.F.Jis 1N'aewM.ts LS 541,000.00 38 200.0.7 51 AL?.JD CAP S'8 KINK 111 30106 S 4] 000.U0 J 06V1W COAU(w.t An,u(W S1,7t4,325.15 Lars Amnrtt tar Al-_ Pip+IDw=ruion Pwxl (saol" G01 Submi SI,G74.M.JS I:.VO FCSA :ap rem (534.123.OJi Sub(aua S1,tA)7.[M). 15 Leta Fxtimunx & Fame"' "3 a Cau (Moo(X1.GV7 C1srr,w Cauau[x Amouat 11.630.200.15 V:tlox ,W x k cralplensl it — (Melee. n5 1. 891M? Z / .w fta Jan. 15. 2001 (Las C.O. work) vW. ell Wcrk RexMimoF, 1641,ISG,60 / •So IionI 5349,9A .) ✓ Gacwu 11 S291,242 9U Ov.ra11 site suWas ant—d m 6e Nis r i?lere Sec I a —hog 50,,a of Qv ovc ai era4m& (.50 x 5346,707.CO - SO'5,353.50 x.63 = OICK.012, 10, $69,341,40 remaking) allb rr tk ckffw l t4 4 OdN , inc TO ,� l DATE Y6� TI : S AM / P Votes PM FROM (� A�A CODE54 O 0 �„�i 3b $ OF &"% N `ice 1� EXT. E m E �5S C•2e� , o SSo� E s •et q- a CS A M G O E SIGNFD PHONEDNZ BACK CALL RNED SEE YOU AGAIN CALL WAS IN URGENT FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 July 27, 2000 Mr. Ron Mislowsky G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 RE: Approval of Subdivision Design Plan #03-00 - Cross Creek Village: PIN 63-A-40 Dear Ron: This letter is to confirm that the Subdivision Design Plan for the Cross Creek Village Subdivision was, administratively approved on July 24, 2000. The approval of this subdivision design plan will enable the development of ninety-one (91) single family small lot, zero lot line residential units with an average lot size of 4,800 square feet. At your convenience, please forward the final plats, deed of dedication, covenants and restrictions, and any necessary bonding for the development, to this office for review and approval. Please call me if you have any questions regarding the approval of this subdivision design plan. Sincerely, t Michael T. Ruddy, AICP Zoning Administrator MTR/ch cc: Margaret B. Douglas, Back Creek District Supervisor Ed Strawsnyder, Public Works Jane Anderson, Real Estate Jerry Copp, Virginia Department of Transportation Albert Orndorff, Frederick County Schools U:\MIKE\Common\SUBDI VISWpprovals\crosscreekapp.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Surveyors — Land Planners — Water Quality July 6, 2000 Mike Ruddy Zoning Administrator Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Cross Creek Dear Mike, Board of Directors: President. Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: P. Duane Brown, L.S. William L. Wright Michael A. Hammer Thomas W. Price I've attached a copy of the Key Map for Cross Creek on which we've detailed the appropriate screening and buffers. We have determined that the Neff lot, TM 63-A-52A, is not served by public sewer. Therefore, we are providing only a landscape screen behind lots 60 thru 62. A note regarding the additional lot plantings is also provided. Additionally a copy of sheet 10 is enclosed on which our landscape screen detail has been added. Referenced to this detail is made on the Key Map. The appropriate plantings, their relation to the fence and the development and the associated inactive and active areas are shown. If this layout is acceptable, we will add this information to the plats early next week and forward those to you for review. Please call if you have questions. Regards, gilbert w. clifford & associates, inc. abnd WAMislowsky, P.E., VP Cc: Greg Unger DEPT. OF PLANNING/DEVELOPMENT 200 North Cameron Street, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com MemberAmerican Consulting Engineers Council •A COMMONWEALTH of VIRGINIA DEPARTMENTOF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG, VA 22824 COMMISSIONER April 17, 2000 Mr. Ronald A. Mislowsky, P.E., V.P. G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Ron: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: Cross Creek Village Route 652 (Apple Valley Road) Frederick County This is to acknowledge receipt of your revised plans dated April 18, 2000 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide eight (8) sets of approved construction plans with signed seal for VDOT distribution. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & 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 information needed prior to acceptance of subdivision streets 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 48 hours notice for inspections. WE KEEP VIRGINIA MOVING Mr. Ronald A. Mislowsky Ref: Cross Creek Village April 17, 2000 Page #2 • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. • Private entrances will be installed in accordance with CG-9D Modified (Rad). This is the developer's responsibility. See attached current VDOT I & IM LD-96 (D) 208.2. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with attachments. • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21 B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way required for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use permit. We are providing a copy of our e-mail to you dated 01 / 19/00 indicating our concern for safe and appropriate access treatment from and to State Route 652, Apple Valley Road. The need to establish a timeframe for use of the temporary entrance as shown on the site plan has become evident. If construction of the relocation of Route 652 as proposed on the Coca-Cola site plan (approved 5/26/99 and 1/12/00) has not commenced by 01/00/02, then the owner/developer of Cross Creek V91age should construct the right turn lane and taper as shown on Plan Sheet 5 of 10, but should be constructed to tie into existing Route 652. Further the owner/developer of Cross Creek Village should provide a bond in the amount estimated by G. W. Clifford & Associates, Inc. to cover the cost of the necessary improvements: 100' right turn lane w/ CG-6;150' taper. Should you need additional information, do not hesitate to call. Sincerely, �17 Barry J. Sweitzer, Trans. Roadway Engineer For: Steven A. Melniko$ Transportation Engineer BJS/rf Attachments xc: Mr. Terry Jackson, Attn: Mr. Guy Tudor Mr. Dave Heironimus Mr. Kris Tierney Ms. Kim Holliday, Fred. Co. Utility Coordinating Committee REQUEST FOR SUBDIVISION COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 (540) "4-5600 The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates Inc. C/O Stephen M. Gyurisin 200 N. Cameron St. Winchester, VA 22601 Name of development and/or description of the request: Cross Creek Village Location: North of Apple Valley Road, Route 652, 0.1 miles west of Shady Elm Road, Route 651 Virginia Department of Transportation Comments: No objection to the subdivision of this property. Before development, this office will require a complete set of construction plans for review. Entrances will have to be constructed to VDOT minimum standards o allow for sae egress and ingress of the property. Sur- attached totter fLow TDOT to G. W. ord & VDOT Signature and Dat . (NOTICE TO RESIDENT ENGINEER*PLEASE Trans. Engineer 04/17/00 THIS FORM TO APPLICANT) NOITCE 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 (2) copies of your application form, location map and all other pertinent information. Funhhouser, Rhonda R From: Funkhouser: ionda on behalf of Sweitzer, B / Sent: Wednesday, .January 19, 2000 8:52 AM To: G. W. Clifford & Associates (E-mai.l) Cc: Heironimus, David (Dave); Melnikoff, Steve; 'Kris Tierney'; Sweitzer, Barry Subject: Cross Creek Access XV1111® CommonNvealth of Virginia — Department of Transportation Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 2 (540) 984-5600 — Fax (540) 984-56 r i January 19, 2000 � - Mr. Ronald A. Mislowsky, P.E., V.P. G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Ref: Cross Creek Access Route 652 (Apple Valley Road) Frederick County Dear Ron: i: L: - 2c..�I t ► a �� <�lease eaJ C'> E3/CU!71 ►ELF A VDOT review has been completed on the proposed temporary access as identified in the fax dated January 18, 2000 for the referenced project. General approval is granted for the concept offered as a temporary access only. If/when the actual relocation of Route 652 is constructed, the temporary access should be reconstructed to meet VDOT standards for entrances (revised 09/03/98). This may include a right turn lane and taper along Route 652 and any other modifications necessary due to traffic volumes generated by Cross Creek development. If Central Coca-Cola fails to reconstruct Route 652 for any reason, the owner/developer should submit a complete and detailed entrance site plan for Cross Creek to include adequate access to Route 652. If there are any questions, please do not hesitate to call. Sincerely, BarryJ. Sweitzer, Trans. Roadway Engineer For: Steven A. Melnikoff, Transportation Engineer BJS/rf xc: Mr. Dave Heironimus Mr. Kris Tierney �� r 1IUOT INFORMATION NEEDED PRIOR TO ACCEPTANCE OF S UBDI VISION STREETS INTO STATE SECONDARY SYSTEM Subdi�-ision 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 or three (3) businesses per sireet). THE FOLLOWING WILL BE REQUIRED 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: 1. Three (3) copies of as -built construction plans showing: • Roadway Geometrics • Drainage & Drainage Easements 2. Three (3) copies of the final plat with date & place of recordation, deed book number and page number. 3. Signed permits covering all utilities, publicly or privately owned, to occupy or cross the right-of-way and quitclaiming any prior rights. 4. Bond to guarantee workmanship and performance of material for one year from date of acceptance. (See reverse side for schedule.) 5. Maintenance Fee - check payable to the "Virginia Department of Transportation". This fee is based on the length of the streets involved from the date of acceptance to the end of the fiscal year (June 3(r). No maintenance fee is required if the addition is effective July 1". (See reverse side for schedule.) ADDITIONS WILL BE MADE EFFECTIVE ONLY ON THE FIRST OF THE MONTH. ALL DATA IS TO BE IN THE EDINBURG RESIDENCY OFFICE OF THE DEPARTMENT OF TRANSPORTATION BY THE IsT OF THE PRECEDING MONTH. (30 DAYS) 2-I.:1NE STREET: Minimum (up to 0.25 mile) From 0.25 to 0.50 mile Over 0.50 mile 4-LANE STREET: Minimum (up to 0.25 mile) From 0.25 to 0.50 mile Over 0.50 mile EXAMPLES FEE & SURETY SCHEL -.E for S UBDI VISION STREET ADDITIONS SURETY $ 3,750 $ 7,500 $ 1,500/tenth of mile & fraction. thereof $ 7,500 $15,000 $ 3,000/tenth of mile & fraction thereof MAINTENANCE FEE $375/year $750/year $150/tenth of mile & fraction thereof $750/year $1,500/year $300/tenth of mile & fraction thereof A two lane street, 0.35 mile long, is processed for addition effective September 1". Therefore, surety is required for four -tenths mile and maintenance fee is required for ten months. SLirety required: $7,500 Maintenance fee required: $750 x 10/12 = $625 A four lane street, 0.78 mile long, is processed for addition effective February 1 ". Therefore, surety is required for eight -tenths mile and maintenance fee is required for five months. Surety required: 8 x $3,000 = $24,000 Maintenance fee required: 8 x $300 x 5/ 12 = $1,000 "qGINIA DEPARTMENT OF TRANSPORT ON LOCATION AND DESIGN DIVISION INSTRUCTIONAL & INFORMATIONAL MEMORANDUM GENERAL SUBJECT: NUMBER: LD-96 (D) 208.2 ENTRANCE GUIDELINES DATE: SPECIFIC SUBJECT: February 21, 1996 ENTRANCES WITH CURB OR SUPERSEDES: COMBINATION CURB & GUTTER LD-94 (D) 208.1 SIGNATURE: Changes are CURRENT REVISION ................... ... ....... ........... aim: 222 Instructionai & Informational Memorandum LD-96 (D) 20&2 Sheet 2 of 4 1W EFFECTIVE DATE GUIDELINES • ALL proposed entrances to be constructed with VDOT projects will be designed in accordance with the 1989 Minimum Standards of Entrances to State Hiabvays or as amended by this memorandum. • The Standard CG-9D entrance gutter is to be used for most single-family residential entrances with curb or combination curb and gutter. • The Standard CG-9A, and 9B entrance gutters should be considered only as a last resort in situations>the � ..� x.:..�...,.�,.:..w �;,�.,.��<;� •30 � o�a�e . S�anrlard $C�D�or� if �l�ri sown tha'�e '"1 n �"•ad�a�cen'`"°`�o`�°"°"fiie "cu=b wi•1�:""be used as a parking lane AT ALL TIMES. • If "accessible routes" (See IIM LD- (D) 55) are being provided for pedestrians, the Standard CG-9B and Standard CG-9D entrances must be modified to provide a minimum 900 mm (31) traversable width (as indicated on the insertable sheets.) • Additional right of way is NOT required for entrance construction except in cases where the limits of the "accessible route" extend beyond existing or proposed VDOT right of way. For situations where the difference in elevation between pavement and adjacent property is such that a desirable entrance grade cannot be provided, it is recommended that Standard CG-11 be used with the grade beginning at the flow line. Care shall be exercised to provide adequate drainage. Instructional & Informational 1-96 P) 208.2 +eet 3 of 4 The Standard CG-11 entrance design is the required method of treatment for ALL entrances with curb and gutter except for single-family residential entrances. Exceptions to this requirement must be approved by the appropriate Assistant Location and Design Division Administrator or District Location and Design Engineer. In those rare instances when the Assistant Location and Design Division Administrator or District Location and Design Engineer has given approval to use the Standard CG-9D entrance design for a commercial entrance, use Standard CG-13 if heavy truck traffic is anticipated. The minimum entrance radii outlined in the 1989 Minimum Standards of Entrances to State Highways should be adhered to in the design of ALL entrances. For commercial entrances where a high percentage of trucks is anticipated, consideration should be given to increasing the entrance radii to accommodate the turning requirements of those vehicles. If the Standard CG-11 entrance design is used and there is insufficient right of way to construct the full curb return using the minimum entrance radii outlined as stated above, a partial curb return should be constructed to the right of way line. Radial curb or combination curb and gutter shall not be constructed beyond the right of way line except for replacement purposes (as shown in the attached. sketches.) INSERTABLE SHEETS :..a.:::h.v..a•........nwaawwv.vaawawsiina..::IXtiJOiw!"+w.4:55vwiiMi4itAfwJw'NiriwiIXJWWn .apawytiS���. \ "L. ^IlPDa'v YMPawa' .dM +^]^. vw.nyvpwpwa n,v :•: • C�-9� f StannEazdnz" {i8`): .._........,a.a.w....w..wwa.a� CG 3_Z , Cur x''Bam. : instructional& InformotionalMemorenoum 10-94 (0) 208.2 Sheet 4 of 4 (Rodam to be as 4' shown on pions) ISidewaltcl St'd CG-12 ♦ l 4• Side.alk I X Esoonsiwr Jost - — Note: width " 8- 2'-0- or as shown on typical section. ZXstreet approach some A surfacing as moryne rocowoy ( st'd. j n I !IX � bond Flow L' I A —J ++ tlanina roodway PLAN VIEW (Radius to be as shown on pions) (—,'S When the entrance re6 cannot accommodate the turningg requirements or anticipated heavy truck traffic, the death /or eide.dk & curb romps within the krKits of the rodishoWd be increased to 7-. Joint A PORTION OF THE STANDARD CG-11 METHOD OF TREATMENT DRAWING FIGURE A (Sufficient R/W - Full curb return constructed.) Existing Curb Return i J FIGURE B (insufficient R/W, no existing curb - PQtial curb return constructed to the R/W line.) FIGURE C (Insufficient R/W - Full Cuf0 return constructed for replacement purposes only.) CURB RETURNS FOR VARIOUS R/W CONDITIONS (STANDARD CG-11 ENTRANCES) ROADSIDE SIGN RURAL DISTRICT �_L 1• SPEED LIMIT ROADSIDE SIGN 50 _ BUSINESS OR ,. - RESIDENCE DISTRICT 1- -. . - '.I.'1 ROADSIDE ASSEMBLY U413 RURAL DISTRICT 1441 3 15 --e e- e- OVERHEADI MOUNTING ROADSIDE SIGN RURAL DISTRICT Im I I onrco sN ou�ot a� 'III._ WARNING SIGN WITH ADVISORY SPEED PLATE RURAL DISTRICT I. — � 2 -- t WARNING SIGN ON ISLAND IN THE LINE OF TRAFFIC n I F-- 6Mln �nri :�ipnl�IN Figure 2-1. Height and lateral location o/ signs —typical installations. 2A-14 S '7 MI NIMIIM r-MINIMUM 12% � •/�, , ACUTE ANGLE INTERSECTION CHANNELIZED INTERSECTIO MINOR CROSSROAD 1 SIGf Nf.I N MMISM AMwwt .s �..a_,. i4'MIt11MI�1M 1 (r 2'MINIMUM URBAN INTERSECTION r tek� COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG, VA 22824 JERRY A. COPP COMMISSIONER RESIDENT ENGINEER TELE (540) 984-5600 FAX (540)984-5607 March 8, 2000 Mr. Ronald A. Mislowsky, P.E., V.P. G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Ron: Ref: Cross Creek Village Subdivision Route 652 (Apple Valley Road) Frederick County A VDOT review has been completed on the preliminary plan dated 01/01/00 (received 02/15/00) for the referenced project. It should be noted this review is centered on the access street (Homespun Drive) at its intersection with Virginia Secondary Route 652 (Apple Valley Road) to its end of the cul-de-sac. Our comments are as follows and are shown in red on the enclosed plan sheets: Plan Sheets 3 of 9 and 5 of 9 1. At the two locations identified, the space between radii termini should be a minimum of 50'. 2. Proposed Candlewick Drive should be lined up opposite Calico Court. This would also solve one of the conditions mentioned in Item #1. Plan Sheet 4 of 9 3. Erosion control stone should be placed at the discharge end of the curb & gutter. Plan Sheet 5 of 9 4. Please see the attached example of a typical section which constitutes the preferred size for use on subdivision plans. 5. These additional VDOT standard details should be added to the plans: CG-6, CG-11, CG-12, DI-3A/313 and IS-1. WE KEEP VIRGINIA MOVING r► Mr. Ronald A. Mislowsky Ref: Cross Creek Village Subdivision March 8, 2000 Page #2 6. All miscellaneous comments shown in red on the plan sheets should be applied at appropriate locations. When all the above comments have been addressed, please provide one set of revised plans to VDOT for review. If there are any questions, please do not hesitate to call. Sinc rel a I Barry J. Sweitzer Trans. Roadway Engineer For: Steven A. Melnikoff Transportation Engineer BJS/rf Enclosures xc: Mr. J. B. Diamond, Attn: Mr. K. B. Downs Mr. Dave Heironimus Mr. Kris Tierney RECEIVED MAR 10 2000 DEPT. OF PLANNINGIDEVELOPMENT, gilbert w clifford & associates, inc. 200 N. Cameron Street Winchester, Virginia 22601 540-667-2139 Fax:540-665-0493 e-mail: gwclif *mnsinr-com To: Frederick Count 1 U7 N . Kent Street I Winchester, VA 22601 We are sending you Q Hand Delivered Shop Drawings 0 Copy of Letter Q Attached Change Order Prints 0 Plats LETTER OF TRANSMITTAL Present Date Job No. 4-27-00 6148-3F Attention: Mike Rudd Re: Cross Creek Village — Section 1 Under Separate via Samples Plans the following items Specifications Other Copies Date Description 1 Aril 2000 Final Plat of Subdivision 1 April 2000 San. Sewer Easement Plat 1 April 2000 Drainage Easement Plat x� Are Transmitted 0 For Approval For Your Use QAs Requested x 1 For Review or Comment Approved/Submitted Approved/As Noted Ej Return/Corrections 0 Approval/Signature Resubmit for Approval 0 Submit for Distribution QReturned Corrected Prints Loan Print/Return 0 Retum/with Signatures For Bids Due 19 RECEIVED Remarks Please check the attached plats and let me know if everything appears satisfactory. After all review agencies have commented on the plats, I will make any rem%W 7 2000 necessary and circulate the plats for signature. DEPT. OF PLANNING/DEVELOPMENT Copy To: Barry Sweitzer, VDOT Signed P. Duane Brown, C.L.S. John Whitacre, FCSA Jim Vickers Rev 3.0 3/10/97 BOTMAN TRUCE{NG COMPANY, INC. & FRED IL GLAIZE, III F l�<� y N40V4'45"E 38.00' y ' `` � :• "\_ ems• N40134451E 48.27' DRAINAGE EASEMENT ti" r ' h N76196 47�"E 11 73' N521�0'13 E 21.15 , N8417'38'E 134 ¢4 S3731'10'E 29.49' ` \--Si078'50"E 47.71' S2939'10"E N0177'50"W 26.01' r y ;2�8-4'�� LS55'02'22"W 14.42' S7917244"W 1332'—� N60S7'54"E 23 34' PROPOSED CROSS CREEK VILLAGE N SECTION 1 20' DRAINAGE EASEMENT DRAINAGE SCALE: 1 "-40' 9.20' PLAT SHOWING PROPOSED DRAINAGE EASEMENT through the land of NTH OF BOWMAN TRUCKING COMPANY, INC. & FRED L. GLAIZE, III Gr Deed Book 598 Page 541, Tax Map 63—A-40 �, Back Creek Magisterial District, Frederick County, Virginia P. DUANE ,� U BROWN DATE: APRIL XX, 2000 SCALE: 17=100' FILE: C:\CROSSCREEK\PLATS.DWG gNbert w. dlfford & aasocWe% Ina 6148-3F NO. 1 885 ENGINEERS - LAND PLANNERS - SURVEYORS 1�C Oft Gmanv h Drin 200 North Cameron Stmt SHEET �q O� `�tVhptlb 22401 Wirdmbm Vkgb 11191 1 ti0 SURVEY 0 50 100 200 �� OF 1 NIF PRES8YIERIAN N/F THE TREDEG R TRUST CO., SUCCESSOR TRUSTEE / BOWitAN TRUCKING COIiPANY, IN . M L. GLARE, III EX 0' SAN. SE _ (TDB 915 PG. ' f �Z S4934'18'E 164.75' y F 20' SAN. SEINEIR EASEMENT N49151'491E 71.04. *7 f r �.4 ' S27'44'070E 198.59- ' w . r--S69'24'15"E 48.23' S1115'48'W 40.35' N/F BETTY BARYON STINE & �CHARLES B. STINE 9 ` d&n 10- ti � ., ►.�,TH 4F Pip P. DUANE U BROWN NO. 1285 _�D SURVEY_O� NIF VALLEY DEVELOPMENT GROUP, INC (WOOOBROOK WLLAGE) T. 20' PROPOSED CROSS CREEK VILLAGE - SECTION 1 PLAT SHOWING SM EASEMENT '41'E 13505' PROPOSED 20' SANITARY SEWER EASEMENT through the land of BOWMAN TRUCKING COMPANY, INC. & FRED L. GLAIZE, I Deed Book 598 Page 541, Tax Map 63-A-40 Back Creek Magisterial District, Frederick County, Virginia DATE: APRIL XX, 2000 1 SCALE: 1"=200' 1 FILE: C:\CROSSCREEK\PLATS.DWG gpbert w. dlfford & assodates, Ina 6148-3F ENGINEERS - LAND PLANNERS - SURVEYORS 150-C Oft Qwnuloh Orin 200 North 0mimm Sbvd SHEET (540) 80-2115 0 100 200 400 (540) 867-2139 OF 1 gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Surveyors — Land Planners — Water Quality April 19, 2000 Mr. Mike Ruddy Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Cross Creek Village Dear Mike, Bosh of Directors: President: Thomas J. O'Toole, P.E. Vice Preside: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A Mislowsky, P.E. David J. Saunders, P.E. Directors: P. Duane Brown, L.S. William L. Wright Michael A Hammer Thomas W. Price Previously we had submitted subdivision plans for Cross Creek Village, a small lot subdivision off of Apple Valley Road (Route 652). I've attached approval letters from VDOT, Public Works, The Fire Marshal, and FCSA. Additionally comment letters from the Building Inspection and Street Review are also attached. We have addressed each of their concerns. I've attached an additional copy of the plans revised per agency comments for your review. Please call if you have questions. Regards, gilbert w. clitford & associates, inc. Id . Mislowsky, P.E., VP Cc: Jim Vickers RECEIVED APR 1 9 2000 DEPT, OF PLANNINGIDEVELOPMENT 200 North Cameron Street, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com Member American Consulting Engineers Council gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Surveyors — Land Planners — Water Quality memorandum To: Barry Sweitzer, VDOT John Whitacre, FCSA Joe Wilder, Frederick County Public Works John Ternary, Frederick County Building Inspections Mike Ruddy, Frederick County Zoning Admin. From: Ron Mislowsky, P.E.,VP/. Re: Cross Creek Date: April 3, 2000 I've attached revised plans for the Cross Creek subdivision on Apple Valley Road. I believe we have been able to address each of your comments. If you have any questions, upon review of these plans, please give me a call. Cc: Greg Unger RECEIVED APR 0 4 2000 DEPT. OF PLANNING/DEVELOPMENT �+ 200 North Cameron Street, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail givcliffeamnsinc.conh MemberAmerican Consulting Engineers Council gilbert w. clifford & associates, INCORPORATED 1972 Engineers — Surveyors — Land Planners — Water April 17, 2000 John Whitacre Frederick County Sanitation Authority P.O. BOX 1877 Winchester, VA 22604 RE: Cross Creek Dear John, We've revised the Cross Creek Subdivision plans pre your comments. a j 19 1ULJu 44S buu Board of Directors: President: Thomas J O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. ^ _ .< .•—, P.E. Ronald A Mislowsky, P.E. David J Saunders, P.E. Directors: P. Duane Brown, L.S. William L Wright Michael A Hammer Thomas W. Price Regarding the meter quantity and sizes, we've revised the plan to relocate the meters as requested, but we maintain 3 meters. It is our opinion that 3 meters will provide additional reliability. Also please note we've reduced the meter size to 2 inches. The peak flow per unit, at 400 gpd per unit and a peak factor of 2.5 is 0.7 gpm. A 2 inch meter can pass 128 gpm with minimal head loss. We believe the two inch meter sizing is adequate. Please call if you have additional questions or comments. Regards, gilbert w. clifford & associates, inc. RECEIVED APR 2 5 2000 Donald A. Mislowsky, P.E., VP DEPL OF PLANNING/DEVELOPMENT CC: G ---g Linea{ V14LZ' — 4?/�'/f OV466d // S �foli r,c�� �A 57/5'T RRIA' TS OrO 5,�K6�69 7-5 i`�'. . 200 North Camerone5-O493 ester, Virguua 2601 (540) 667-2139 Fax (540-mail gwciiff@mnsinc.com Member American Consulting Engineers Council REQUEST FOR SUBDIVISION COMMENTS Frederick County Parks and Recreation Dept. Attn: Director of Parks and Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 The Frederick County Parks and Recreation Department is located on the second floor of the Frederick County Administration Building, 107 N. Kent Street, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates. Inc. C/O Stephen M. Gyurisin 200 N. Cameron St. Winchester, VA 22601 Name of development and/or description of the request: Cross Creek Village Location: North of Apple Valley Road, Route 652, 0.1 miles west of Shady Elm Road, Route 651 Parks & Recreation Dept. Comments: Based on the revised information provided for the Cross Creek Subdivision delivered and reviewed on February 14, 2000, the plan appears to meet open space and recreation unit requirements for a single family small lot housing development. If you should have any questions regarding this review, please let me know. A Parks Signature and Date: (NOTICE TO PARKS PLEASE RETURN THIS F RM TO APPLICANT) NOITCE 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 your application form. COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 April 7, 2000 Mr. Ronald A. Mislowsky, Jr. P.E. Gilbert W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 Re: Subdivision and Site Plan Comments - Cross Creek Village Frederick County, Virginia Dear Ron: Upon review of the revised subdivision plan dated April 3, 2000, all of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. If you have any questions, do not hesitate to contact me. Sincerely, Joe C. Wilder Engineering Technician Public Works Jcw cc: Mike Ruddy, Frederick County Zoning Administrator; file 107 North Kent Street • Winchester, Virginia 22601-5000 P, COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 March 6, 2000 Mr. Ronald A. Mislowsky, Jr. P.E. Gilbert W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 Re: Subdivision and Site Plan Comments - Cross Creek Village Frederick County, Virginia Dear Ron: Upon review of the subject subdivision plan, we offer the -following comments: Sheet 4 of 9 Provide a- temporary sediment basin or traps within drainage area "B" to provide adequate control of erosion run-off during construction. A series of sediment traps may be required since the maximum drainage- area for a sediment trap is three (3) acres. 2. There is a discrepancy concerning stormwater pond A3. The plans indicate that the pond is labeled as pond A2 and the drainage- calculations label the pond as A3. Provide details of the proposed sediment trap that is specified in the narrative. Also, since the grades are less than one (1) percent within the- pond; we recommend placing a- trickle ditch or provide a french drain to allow standing water to drain out of the pond. 3. Stormwater run-off from drainage area A -A is flowing into structure 19 of Woodbrook Village. Ensure that the structure and drainage channel in Woodbrook Village is adequate for the post -developed- run-off from this area. 4. Place a note indicating that a wash rack is required in conjunction with the construction entrance. Provide apron lengths for all the proposed outlet protection in accordance with the Virginia Erosion and Sediment Control Handbook (vesch) specification 3.18. 107 North Kent Street - Winchester, Virginia 22601-5000 Cross Creek Village March 6, 2000 Page 2 6. Stormwater pond Al has a slope -less than 0.5 %. Provide a trickle ditch or a french drain to allow standing water to drain out of the pond. Once these comments have been addressed, submit two, (2) copies of the subdivision plan for review. If you have any questions, do not hesitate to contact me. Sincerely, 4oe C. Wilder Engineering Technician Public Works jcw cc: Zoning Administrator, Frederick County Planning Department file SITE PLAN CHECKLIST The checklist below indicates all the information that needs to be submitted as part of the site plan application. All required information must be submitted prior to the final approval of any site plan. The Department of Planning and Development will review the application to ensure that it is complete. If any portion is not included or complete, the site plan application will not be accepted and returned to the applicant(s). Site Plan Package 1. One set of approved comment sheets are required from the following review agencies prior to final site plan approval. It is recommended that applicants contact the Department of Planning and Development to determine which review agencies are relevant to their site plan application. _::firgrnia Department of Transportation (VOOT) County Health Department rededck County Sanitation Authority �' City of Winchester Department of Planning and Development Town of Stephens City :Zpections Department Town of Middletown Frederick County Engineer (Public Works) x Airport Authority Frederick County Fire Marshal Soil & Water Conservation District Department of Parks and Recreation 2. One copy of the Site Plan application 3. Five Copies of the Final Site Plan for approval 4. One reproducible copy of the Site Plan (if required) 5. A 35mm slide of the Site Plan (if required) 8 Site Plan Information Checklist The following information must be included an your site plan. If your site plan is incomplete or is missing information, it will not be reviewed and returned to you for revisions. Administrative Information - Y N 1. Name of proposed development. _ 2. Name, address, and phone number of owner. 3. Name, address, and phone number of developer. 4. Name, address, and phone number of designer. ✓f S. Certificate of surveyor, engineer, or architect. ✓ 6. Date plan prepared and date of revisions. ✓���'°` 7. A listing of all conditions placed on the site as a result of a conditional use permit or conditional zoning approval. / "Approved ✓ 8. A space labeled by the Zoning Administrator~ for the approval signature and date of approval. ✓ �+1rQ► 9. A description of setbacks or conditions placed on the site as a result of a variance approval. (Reference the variance application number.) General Site Information Y N I 10. Location map (scale 1:2000) ✓/✓ 11. Magisterial District ✓/ 12. Scale of site plan (not to exceed 1:50) ✓ 13: North Arrow 14. Zoning of site 15. Use, zoning. and Property Identification Number (PIN#) of all adjoining properties. This includes properties located across right -of --ways, streams, and railroad tracks. Surveyed boundaries for all lots and parcels. /V 9 ,F�botc.a-�Gd General Site (can't Y N 17. Acreage of all lots included in the plan. I d S 18. The location and dimensions of all required setbacks and yard areas. rnown•Uev�+vte._ eo a.cJo.44%.r Av �t.�a !ari ( ,e. ✓� c.C.G 19. The location and type of all dwelling units. 20. Location and description of all recreation facilities. 21. Location of sidewalks and pedestrian ways. 011t� 65z 22. Location and area of common open space.-6Tv"`e, tit-t�S 23. The location, height, and dimensions of all signs. ✓^ 24. Location, height, and specifications of outdoor.lighting fixtures. 25. Location and nature of outdoor storage areas. i ,a 26. Location of outdoor trash receptacles and dimensions of structure (fencing, etc.) required to enclose receptacles. Building Information Y/ N Y 27. The height of all buildings and structures. 28. Location of all buildings, structures and uses. 29. The proposed use of each building, structure and area. 30. Ground floor area and total floor area of all buildings with PAR calculations for commercial and industrial zoning districts. Roads Y N olz 31. Name and number of existing and planned streets on and adjoining the site. 32. Location of existing and planned streets on and adjoining the site. 33. Posted speed limit of existing adjacent roads. ✓ 34. Location and dimensions of all proposed entrances from public right-of-ways. E 35. Location of all entrances on adjoining roads within 200 feet of the proposed or existing entrance. 36. Dimensions, boundaries, width, pavement, and construction of planned roads. Utilities Y N _� • 37. Location of all utilities, including sewer and water lines with the size of lines, mains, and laterals. ./ 38. Location and width of all easements, including access, utility, / and drainage easements. 39. Location and nature of fire lanes, fire hydrants, and all other facilities necessary to meet Fire Code requirements. Parking Y N 40. Calculations describing the required number of parking and loading spaces. 41. Location and dimensions of all parking and loading spaces, driveways, parking aisles, curbing and other features to be used. 42. Location and dimension of all disabled parking spaces and ramps. Natural Features Y N ✓ 43. Existing and finished contour lines. 44. Location of steep slopes, woodlands, floodpiains, wetlands, sinkholes, and other environmental features. 45. Location of streams and drainage ways. t LandscatAnd Y N 46. 47. Erosion and Sediment Control Y . N laN•��p� c 3 I o t�..��o.. �'e.c.� Landscaping plan describing location and types of plants to be used. Location of required buffers and screening with cross sections or profiles. 48. A stonnwater management plan with run off calculations and location and description of facilities to be used. 49. Soil erosion and sedimentation control plan describing the location and methods to be used to minimize erosion and sedimentation during development. l 12 § 165-65 ZONING § 165-65 (c) A maintenance easement of eight to 10 feet in width must be obtained on the lot adjacent to the zero lot line side. F. [Amended 10-27-19991 Single-family small lot. Single-family small lot housing shall be a single-family detached residence on an individual lot. The intent of this housing type is to provide an alternative to conventional single-family lots that can be tailored to the unique needs of specialized populations such as those of the older person. (1) Dimensional requirements shall be as follows: (a) Minimum lot size: 3,800 square feet. (b) Off-street parking spaces: 2. (c) Setback from state road: 25 feet. (d) Setback from private road: 20 feet. (e) Rear yard: 15 feet. (f) Side yard: Zero lot line option may be used with this housing type. If chosen, the minimum side yard shall be 10 feet for that yard opposite the zero lot line side. If not chosen, the minimum side yard shall be five feet. (2) A minimum of 20 landscape plantings shall be provided on each individual lot. At least 1/4 of the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a minimum of two inches in caliper at time of planting, and the shrubs shall be a minimum three -gallon container at time of planting. (3) Maximum building heights shall not exceed 20 feet in height. (4) Detached accessory buildings shall not be permitted. G. Duplex. A "duplex" is a single-family semidetached residence, having one dwelling unit from ground to roof and only one wall in common with another dwelling unit. The two dwelling units in a duplex building may or may not have individual outside access. (1) Dimensional requirements shall be as follows: 12-15-99 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: Application # _ V Fee Paid Applicant/Agent: Address: _00 /JDv 4— ��c..ic✓o.J ��. (k)L.,.),_ OA- a2 6� Phone: Owners name: l�ow,�., � � 2�•c�c., .,,, ",. T,-L . Q64> L . Address: CO. go tti1�Kc. �%/�- ZZGO Phone: Scj c7 - &6 9' ! 8 o t) Please list names of all owners, principals and /or majority stockholders: J A Contact Person: �o�J ►'- l 1 'd b c'7C k Phone: .9-`-i0-GG7-Ll31 1� II Name of Subdivision: C✓'o SS C.rc�l� V IL Number of Lots Total Acreage Z 1. 01:3j T Property Location: (Give State Rt.#, name, v. �4-cQ,�►' FJ w, act stance and direction from intersection) Magisterial District Property Identification Number (PIN)) �3-fr -90 9 Property zoning and present use: R, p - V*C'+J-I Adjoining property zoning and use: AA/ Has a Master Development Plan been submitted for this project? Yes I_ No If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the MDP title? (— OLO SS C ✓ZeE« V % Does the plat contain any changes from the approved MDP? Yes No C If yes, specify what changes: Minimum Lot Size (smallest lot) 3, SO S. F. Number and types of housing units in this development: Number c1l Types L�o T - ZF-P-O LO i L I.•� 9 SUBDIVISION DESIGN PLAN CHECKLIST , The subdivision design plan shall be drawn at a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: title "Subdivision Design Plan for 11 Cvvss Cl2sF,tc- V, lit with a notation of all previous names of the subdivision. original property identification number. page number and total pages on each page. name of the owner and/or subdivider vicinity map [scale of one to two thousand (1:2000)] showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. written and graphic scale. day, month and year plan prepared and revised. North arrow. —� name of the Magisterial District where located. zoning of all land to be subdivided. boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to the nearest one-hundreth (1/100) of a foot. topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. names of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. / proposed use of each lot, with the number of lots in each use category. area of each lot and parcel, the total area of the subdivision and the total area in lots. 10 location and area of each parcel of common open space and the total area of common open space. location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. / ✓ existing or proposed utilities, sewer and water lines, manholes, fire hydrants and easements. existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details. stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed facilities. proposed grading plan including spot elevations and f low arrows. cross sections, profiles and design details of all _ proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. locations, dimensions and cross sections of existing and proposed sidewalks and walkways. location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. names of all streams and bodies of water, including all one -hundred -year flood limits as mapped by FEMA. location of all land to be dedicated or reserved for public use. location of required setback lines on each lot. location of proposed recreational areas and facilities. location of proposed buffers and screening with design details, locations and types of plants and screening. / proposed landscaping with location and types of plants. certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. 11 signature of the owner or principals certifying ownership of the property. statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit, signature line for the Subdivision Administrator. 12 REQUEST FOR SUBDIVISION COMMENTSl Frederick County Department of Planning and De opment - p,, Attn: Planning Director W,1 107 North Kent Street Winchester, VA 22601`'� (540) 665-5651 V'ELOPMENT The Frederick County Planning Department is located at 107 North Kent Street, 4' Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. C/O Stephen M. Gyurisin 200 N. Cameron St. Winchester, VA 22601 Name of development and/or description of the request: Cross Creek Village Location: North of Apple Valley Road, Route 652, 0.1 miles west of Shady Elm Road, Route 651 Planning and Development Comments: Director Signature and Date: (NOTICE TO DIRECTOR - PLEASE RETURN THIS FORM TO APPLICANT) NOITCE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your application form, location map, proffer statement, impact analysis, and all other pertinent information. SUBDIVISION #l0 0 CROSS CREEK VILT,AGE \ ApBack Creek