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022-22 (RezoningRenaissance65&Renaissance35)
ORDINANCE Action: PLANNING COMMISSION: September 21, 2022 Recommended Approval BOARD OF SUPERVISORS: September 28, 2022 Adopted. ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#07-22 RENAISSANCE 65 & RENAISSANCE 35 WHEREAS,REZONING#07-22 RENAISSANCE 65&RENAISSANCE 35,submitted to revise the proffers associated with Rezoning#04-17 Carbaugh Business Center. This proffer amendment seeks to change the restriction on the nunnber of entrances allowed from future Renaissance Drive. The subject properties are located south of Shady Elm Road (Route 65 1) and north of the railroad and are identified with Property Identification Numbers 74-A-68 and 74-A-69 in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Corrrnnission held a public meeting on this Rezoning on September 21, 2022 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public meeting on this Rezoning during their regular meeting on September 28, 2022; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance with Chapter 165 of the Frederick County Code,Zoning,the Zoning District Map is amended to revise the proffers associated with Rezoning#04-17 Carbaugh Business Center to change from two to four the restriction on the number of entrances allowed from future Renaissance Drive, subject to VDOT approval of the entrances. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. Res#022-22 This ordinance shall be in effect on the date of adoption. Passed this 2$h day of September 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST ME Michael L. Bollhoefer Frederick County Administrator Res# 022-22 �1GK r COQ REZONING APPLICATION #07-22 RENAISSANCE 65 LC & RENAISSANCE 35 LC w Staff Report for the Board of Supervisors w ® � Prepared: September 22,2022 „Bwr Staff Contacts: M. Tyler Klein, AICP, Senior Planner 1738 Reviewed Action Planning Commission: 09/21/2022 Recommended Approval Board of Supervisors: 09/28/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/28/22 BOARD OF SUPERVISORS MEETING: This is a proposed rezoning to amend the proffer statement approved with REZ #04-17 (Carbaugh Business Center). The proposed amendment seeks to remove the restriction on the number of entrances allowed from future Renaissance Drive.No other provisions in the previously approved proffer statement, including approved land uses,are proposed to be amended. The 107.21-acres subject property is zoned M 1 (Light Industrial) District and located in the Back Creek District. Following the required public meeting, a decision regarding this rezoning application by the Board o Supervisors would be aggrogriate. The Agglicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning 907-22—Renaissance 65 LC&Renaissance 35 LC September 22,2022 Page 2 This report is prepared by the Frederick County Planninz Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. PROPOSAL: This is a proposed rezoning to amend the proffer statement approved with REZ#04-17 (Carbaugh Business Center).The proposed amendment seeks to remove the restriction on the number of entrances allowed from future Renaissance Drive. LOCATION: The subject properties are located south of Shady Elm Road(Route 65 1)and north of the railroad. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 74-A-68 and 74-A-69 PROPERTY ZONING: M1 (Light Industrial) District PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING& PRESENT USE: North: RA (Rural Areas) Use: Residential (Single-Family Detached, SFD) South: RA (Rural Areas) Use: Vacant/Agricultural East: Ml (Light Industrial) Use: Vacant/Unimproved West: RA (Rural Areas) Use: Residential (SFD) Rezoning 907-22—Renaissance 65 LC&Renaissance 35 LC September 22,2022 Page 3 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the subject properties as being zoned A-2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA(Rural Areas)District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. On December 13,2017,the Board of Supervisors approved rezoning application(REZ)#04-17 (Carbaugh Business Center)which rezoned two(2)parcels totaling 107.21-acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County.The Area Plans and Appendix I of the Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning efforts of the County. Comprehensive Plan Land Use Compatibility The subject properties are located within the limits of the Sewer and Water Service Area (SWSA)and are within the limits of the Kernstown Area Plan of the 2040 Comprehensive Plan. The Kernstown Area Plan identifies these properties with an industrial land use designation as outlined in the "Shady Elm Economic Development Area." The "Shady Elm Economic Development Area" is designed to be a significant area of industrial and commercial opportunity that is fully supportive ofthe County Economic Development Authority's targeted goals and strategies. The intent of the industrial designation is to further enhance the County's commercial and industrial areas and to provide focus to the County's future regional employment centers. The existing zoning of the property,M I (Light Industrial)District,is consistent with the Plan. The proposed rezoning(proffer amendment)while altering restrictions to site access, does not change the zoning district or approved land uses and as such remains in conformance with the Comprehensive Plan. 3) Access & Transportation Rezoning 907-22—Renaissance 65 LC&Renaissance 35 LC September 22,2022 Page 4 As stipulated in the proffer statement approved with REZ 904-17,two(2)commercial entrances are permitted from future Renaissance Drive(a future collector road).The proposed rezoning(proffer amendment)removes the restriction on the number of entrances allowed from future Renaissance Drive. The proffer amendment would allow the property owner to apply to and receive VDOT approval for any number of entrances as required for industrial development of the subject properties. Additional entrances could be necessary to ensure appropriate circulation within the development and/or to separate tractor truck trips from passenger vehicles for employees.Entrance permitting would occur at time of site plan review and approval. The proffer amendment will not impact the Frederick County's revenue share project design, construction, or anticipated completion)for future Renaissance Drive. County of Frederick Attorney: Please see attached comments from Roderick B. Williams, County Attorney dated July 15, 2022. Virginia Department of Transportation Please see attached comments from VDOT dated July 26, 2022. Frederick County Fire and Rescue Please see attached comments from the Office of the Fire Marshal, dated July 14, 2022. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/21/22 MEETING: The Planning Commission received a presentation on September 21,2022 and offered no comments. The rezoning application was sent forward to the Board of Supervisors with a recommendation of approval (11-0-2; Commissioners Kozel &Molden absent). Following the required public meeting, a decision regarding this rezoning a1212lication by the Board o Supervisors would be appropriate. The Applicant should be nrevared to adeauately address all concerns raised by the Board of Supervisors. �;.. ELM RD •�� I DEVELOPMENT LN ,.' 190 "4z 188 HOCKMAN Ci HOCKMAN CT w,. "a"- - • r SHADY ELM RD 166 750 HOCKMAN Ci SHADY 1.91 130 ELM RD �. ' HOCKMAN Ci H- -K - • 114 1,7.1 HOCKMAN Ci 291 HOCKMAN Ci PROSPEF 147 220 HOCKMAN Ci PROSPERffY DF 133 HOCKMAN Ci240 MOWPROSPERFIY DR SH:4DY 113 A 74LA O.8, 20 180 _ ELM RD HOCKMAN Ci PROSPEF :YJES LN 138 .�•r,.�, 251 SICYJES LNPROSPERITY SKYJES LN i 134 63 SICYJES LN 4046 ..,: . --': PIKE 169 SKYJESLN 141 SICYJES LN SKYJES LN r 957 I\\�S ^., 4118 •• • ; SHADY 74 A 69 �¢.,.. VALLEY - ELMRD p1KE 983 p SHADY 970 E;M RD ELM RD 1006 ��• ��� ". �� SHADY1043 Af s ' ELM RD SHADY 224 'ELM RD SPRINGDALE RD �j •\�f 316 ,�' /�l�►�i ♦ �/ SPRINGDALE RD - l��L4W*#�� 400 SPRINGDALE RDS 117 ��'� �•�� �� JJ •• • SPRINGDALERD SPRINGDALE RD. •� 222 SPRINGDALE RD. a, r W 81 �� 6 - •. �, ©� 385 385 1 1 It 1 65 LC and Renaissance 35 LC Minor • -r Amendment Lo - • - • • • • • ELM RD "�.`> D. EELLOPMENi LN x t 188 ". *HOCKMAN Ci HOCKMAN Ci v 353 ""''�w•/� e <.r. . / •• - SHADY ELM RD 166 750 HOCKMAN Ci SHADY - ELM RD 1.91 130 ' HOCKMAN Ci • HOCKMANGi "''` "� � 114 1,7.1 HOCKMAN Ci � . 211 t r 0)-C Ci PROSPEF 147 220 HOCKMAN Ci - PROSPERITY DF 133 HOCKMAN Cip F � ,.,PROSPERIT1'DR OF 834 SHAD 113 74�A'68' 20 180 _ ELM RD HOCKMAN Ci/ PROSP.EF :YJES LN �� 138 251 { SKYJESLN - f PROS ' SKYJESES LN L< 134 63 SK1'JES LN ES LN 4046 1 VALLEY PIKE 169 SKYJES LN 121 141 SKYJES LN SKYJES LN F 125 SKYJESLNk. a 957 • 4118 •• • SHADY 74.A69 VALLEY ELM RD ',. 'xs.' PIKE 983 - SHADY r ' 970 ELM Rd \'�� \NPOW��� ELM RD SHADY ":' , e�•`,�� /,�� , ELM RD SHADY P, I'. 224 qw'`If � SPRINGDALERD,' ,,.,/., ,`• ELMRD 316 ��� SPRINGDALE RD \ � •' ' 400 634 SPRINGDALE RD SPRINGDALERD` ' s' '' 364 - 117 1•�'� L ���� �� _ 421 SPRINGDALERD •1 222 .. � �l SPRINGDALERD. 4 507 .435 SPRINGDALE RD F• '�� is SPRINGDALE RD "- 81 SPF;INGDD SPRINGDALE RD 385 385,0 -D •• • • - A - • - �;.. ELM RD �� DEVELOPMENiLN • ' • • / sm • / 190 `' 188 j.HOCKMAN Ci HOCKMAN Ci _ 553 '� �"-�' • SHADY ELM RD 166 750 HOCKMAN Ci SHADY 1.91 130 ELM RD HOCKMAN Ci HOCKMANCi • 114 1,7.1 HOCKMAN Ci 2'11 HOCKMAN Ci PROSPEF r 147 220 HOCKMAN Ci PROSPERITY DF 133 HOCKMAN-Ci 240 PROSPERITY DR 834 SH:4DY 113 74.A 68 20 180 ELM RD HOCK MAN Ci PROSPEF SYJES LN 138 251 .. SKYJES LN PROS 164 SICYJES LN 134 63 SF:1'JES LN ES LN 4046 1 VALLEY PIKE 169 SKYJES LN 141 121 SICYJESLN SKYJES LN '`� r �♦�♦�♦�♦` 125 �♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦� SICYJES LNc:..:.. ✓�♦♦♦♦♦�♦♦♦♦♦♦♦�♦♦♦♦♦♦� SHADYELM ♦♦i ♦♦♦♦ ' ♦♦♦♦♦i 957 `. ♦♦ ♦,�♦,�♦ ••• • ♦♦♦♦♦♦♦♦♦14198♦♦♦♦♦ SHADY 74 A 69 ♦♦♦♦♦♦♦♦�ALLEYS♦♦♦♦♦♦ ELM RD ♦�♦� ♦♦♦♦ ♦♦♦♦P.IKE�♦♦♦♦♦� 983. ._ ♦ SHADY; :♦♦♦♦♦♦♦♦♦�♦♦i♦�♦♦♦♦♦♦♦� 970 ELM Rd °� � SHADY 1006 ''>`"` • ELM RD 'c SHADY ELM RD SHADY ELM RD 316 OleSPRINGDALE RD �j •\�f INGDALE.RD •• w �"''C$ ,���=I' 400 •'' ' ',� .•.. . T RINGDALE RD - 364 - 1171,. '�A L ���•• ~�, SPRINGDALEiRD � • � SF'RINGD"ALE RD •1 222 �� +1�81.6� SPRINGDALE RD y 385385, �' �� �� � ♦:- 1 1 11 FIRST AMENDMENT TO PROFFER STATEMENT REZONING: PROPERTY: 74-A-68 and 74-A-69 RECORD OWNER: Renaissance 65 LC and Renaissance 35 LC (collectively "Owner") APPLICANT: Renaissance 65 LC and Renaissance 35 LC PROJECT NAME: Carbaugh Business Center ORIGINAL DATE OF October 6, 2017 (Rezoning 104-17) PROFFERS: The undersigned Owner hereby submits its First Amendment to Proffer Statement, which First Amendment states that the following conditions, to the extent amended, shall supersede the indicated provisions of the Proffer Statement on the Properties that have been made prior hereto. In the event that the above-referenced First Amendment to Proffer Statement is not granted as applied for by the Owner, this First Amendment to Proffer Statement shall be deemed withdrawn and shall be null and void. The following sections of the Proffer Statement dated October 6, 2017 are amended as follows: Revision to Site Improvements Proffer 5 The language of the first paragraph of Site Improvements Proffer 5 is replaced in its entirety with the following: 5. The Owner agrees to construct commercial entrances approved by the Virginia Department of Transportation for the Property along Renaissance Drive. Revision to Site Improvements Proffer 6 The language of Site Improvements Proffer 6 is deleted in its entirety. Respectfully submitted, RENAISSANCE 65 LC Jame$ . Vecchiarelli Its: Authorized Signatory, MVP Management, LLC, Manager of Renaissance 65 LC COMMONWEALTH1 OF U',f 5 " , AT LARGE __GI/COUNTY OF 'CC% - i C-y , to-wit: The foregoing instrument was acknowledge before me this7m day of�J�1� , 2022 by ��> - <<.��.���l: 11���•;. of RENAISSANCE 65 LC. n-,c- <. Kearsley Rosalind Robin Rand NOTARY PUBLIC REGISTRATION ft37806864 COMMONWEALTH OF VIRGINIA NOTARY PUBLIC My COMMISSION EXPIRES July 31,2023 My commission expires: -4 R 3 z 1 z Registration number: 8 b RENAISSANCE 35 LC i y B . Jame . Vecchiarelli Its: Authorized Signatory, MVP Management, LLC, Manager of Renaissance 35 LC COMMONWEALTH/ST-ATE OF U e , ,, ; 4ti , AT LARGE _C�ICOUNTY OF « .r . , to-wit: The foregoing instrument was acknowledge before me this day of ��' �`t , 2022 by of RENAISSANCE 35 LC. Kearsley Rosalind Robin Rand LIC REGISOTRATION#67806864 COMMONWEALTH OF VIRGINIA NOTARY PUBLIC MY COMMISSION EXPIRES July 31,2023 My commission expires: 2 t.3 Registration number: `1 16 8 6 y 2 1 '7001325 REZONING REQUEST PROFFER o 0 Property Identification dumber 74- ((A)) -68 and 74- ((A)) -69 Back Creek Magisterial District Carbaugh Business Center Record Owner: The Henry J. Carbaugh Trust Applicant: Timothy Stowe Original Date of Proffers: 10/6/17 Revisions Date of Proffers: 10/19/17 Preliminary Matters Pursuant to Section 15.2-2296 et.sea•, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 04- 17 for the rezoning of Tax Map Parcel 74-A-68, a 89.8719-acre parcel, and Tax Map Parcel 74-A-69, a 17.3391-acre parcel, to establish 107.21 +/- acres of Light Industrial (M-1) Zoning District, development of the 107.21 +/- acre Light Industrial (M-1) Zoning District, hereinafter referred to as the "Property", shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia Law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the owner and their legal successors or assigns. Site Improvements 1. The owner agrees to participate in the cost of transportation improvements in the nearby area. The owner will contribute to Frederick County, Virginia, a maximum of one million and eighty thousand dollars ($1,080,000.00). Such payment shall be made either within 30 calendar days after the start of construction on the extension of Renaissance Drive that will connect with Shady Elm Road or prior to the issuance Proffer Statement Page 1 of 4 of the certificate of occupancy permit for the first building structure developed on CD the Property, whichever event occurs first. Such funds can be used by the Board of CD Supervisors in its discretion for transportation improvements related to the extension of Renaissance Drive, an East-West Collector Road, to Shady Elm Road and can be used as local match funding for County Revenue Sharing Program projects related to the aforementioned extension. 2. The owner agrees to dedicate 60' (sixty feet) of right-of-way along Shady Elm Road to Frederick County as depicted on the Generalized Development Plan (GDP), which is attached and incorporated as part of the Proffer Statement. 10' (ten feet) of which is to be used for the construction of a pedestrian trail adjacent to the Property. This dedication is to be made within 90 (ninety) days after the date of the approved Rezoning Application. 3. The owner agrees to dedicate 20' (twenty feet) of right-of-way along its northeast boundary to Fredrick County for the extension of the East-West Collector Road (Renaissance Drive) from Valley Pike (Rt. 11) to Shady Elm Road. This right-of-way is depicted on the GDP. This dedication is to be made within 90 (ninety) days of a written request by Frederick County. 4. The owner agrees to grant to Frederick County an 80' (80 feet) grading/slope easement for the construction and maintenance of a bridge over the CSX rail line that will be part of the extension of the East-West Collector Road (Renaissance Drive) from Valley Pike (Rt. 11) to Shady Elm Road if needed. The final length of the easement will be determined during the design phase of the extension of the East-West Collector Road. The length shall not exceed the distance from the CSX rail line to the start of the bridge ramp.This grant is to be made within 90 (ninety) days of a written request by Frederick County. 5. The owner agrees to limit the number of construct commercial entrances approved by the Virginia Department of Transportation for the Property to be rezoned to a maximum of two (2) entrances along the new collector road to be constructed as an extension of along Renaissance Drive and intersecting with Shady Elm Road. a. In the event the property is developed prior to the completion of Renaissance Drive collector road extension, the owner may build a portion of Renaissance Drive collector road extension from Shady Elm Road to the first entrance to the site to enable use of the site. The portion of the collector road to be built in this event will meet with both VDOT and Frederick County approval. b. In the event that Frederick County request that the owner not build a portion of the Renaissance Drive collector road extension,the owner may build a temporary entrance onto Shady Elm Road for commercial use.The temporary entrance on Shady Elm Road will be permanently closed Proffer Statement Page 2 of 4 CD CD immediately after the Renaissance Drive collector road extension is available C.) for use by the owner. 6. The owner herby proffers to provide for inter-parcel connections for all new lots to provide access to the two new access points on Renaissance Drive. Building Restrictions The development of the subject Property shall include the following building restrictions: 1. All loading docks shall be screened from view from all adjacent properties in the Rural Area (RA) Zoning Districts that are located west of Shady Elm Road. The Owner will utilize a Class C—Full Screen (As defined by Frederick County at the date of this rezoning) 100' (one hundred feet) buffer adjacent to Rural Area (RA) Zoning Districts west of Shady Elm Road. 2. Individual business signs will be prohibited along Shady Elm Road. 3. The owner will perform an intensive level survey on the historic structure located on-site (Henry Carbaugh House -#34-1040) prior to its demolition. Landscape Design Features The development of the subject Property, and the submission of any Master Development Plan, shall include the following landscape design features: 1. The owner shall provide street trees planted 50 (fifty) feet on center adjacent to the Renaissance Drive collector road extension. The trees are to be planted within 120 (one hundred and twenty) days of written request by Frederick County. Monetary Contributions to Offset Impact of Development The owner, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 107.21+/- acre property to the Light Industrial (M-1) Zoning District, the undersigned will pay Frederick County, prior to the issuance of the Proffer Statement Page 3 of 4 O CD Certificate of Occupancy Permit for the first structure constructed on the Light Industrial (M-1) Zoning District portion of the parcel,the sum of thirty thousand dollars ($30,000.00),for use by the Board in its discretion for fire and rescue purposes. Additionally, the owner shall contribute five thousand dollars ($5,000.00)to the Kernstown Battlefield Association prior to the issuance of the Certificate of Occupancy Permit for the first structure constructed on the property. Escalator In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick County within eighteen (18) months of the approval of this rezoning, as applied for by the owner, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in this Proffer Statement which are paid to the County after eighteen (18) months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid they shall be adjusted by the percentage change in the CPI-U from that date eighteen (18) months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 4 percent (4%) per year, non-compounded. Respectfully Submitted, The Henry J. Carbaugh Trust OWNER: " CyJ :- ,1 ;J: JrL4_ � �.( v�c� •� A ✓r(_'o/LC'� � cc�,Hh �� / 1� E �> J�'�• C��.f �-� ����� ny 5 cttc•.Ss�` By: Date: #c,X/r✓y� �'/^ , L�l .� STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-Wit: .x'11 The foregoing instrument was acknowledged before me this day of 2017, by C(4r\ li'SA'zf 1 `�S�fly, rrtris',jon expires `_? r ,is "-q?jRffV,1?iatement Page 4 of 4 -iffy,l't 't SHADY ._ ,w , m 1p b EO ... �y G w M1 DISTRICT TOTAL ACREAGE:107.2 AC, r. I CSX RAILROAD —_---- o` 1 dl �j Gi SQ009d REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Renaissance 65 LC and Renaissance 35 LC Specific Contact Person if Other than Above: c/o The Peterson Companies Address: 12500 Fair Lakes Circle,Suite 400, Fairfax, VA 22033 Telephone: 703-631-7560 Email: koosterbeek@petersoncos.com Name: Katie Oosterbeek, PE, Assistant Vice President, Development Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm,or other person, if any, serving as the primary contact person for this application: Firm Name: Thomas Moore Lawson, P.C. Specific Contact Person at Firm: Thomas Moore Lawson, Esquire Address: P.O. Box 2740, Winchester, VA 22604 Telephone: (540) 665-0050 Email: tlawson@lsplc.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. I 4. Project Name(if any): S. Property Information: a. Property Identification Number(s): 74-A-68; 74-A-69 b. Total acreage of the parcel(s): 107.21 c. Total acreage of parcel(s)to be rezoned(if other than whole parcel(s) is being rezoned): 107.21 d. Current zoning designation(s) and acreage(s) in each designation: M1 (107.21 acres) e. Proposed zoning designation(s) and acreage(s) in each designation: M1 (107.21 acres) f. Magisterial District(s): Back Creek g. Location -the property is located at(give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 831 Shady Elm Road h. Adjoining Properties: See attached Parcel ID Number Use Zoning Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership,the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in,or who is an officer or director of, any entity that is an owner or contract purchaser of the property(you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. See attached Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ❑� Location Map �✓ Plat Depicting Metes.,-'Bounds of Proposed Zoning ❑ Impact Analysis Statement Proffer Statement(if any) ❑� Agency Comments Q Fee ✓Q Copies of Deed(s)to Property(ies) Z Tax Payment Verification ✓❑ Digital copies (pdf s)of all submitted items 3 8. Signature(s): I (we), the undersigned,do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we)authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we)hereby certify that this application and its accompanying materials are true and accurate to the best of my(our) knowledge. James J. Vecchiarelli, Authorized S' natory, MVP Management, LLC, M,:aIner Maof n#issan 65 LC Owner: Date If signing on behalf of an entity, pleas state name of entity and your title: Javhe J. Vecc arelli, Authorized Signatory, MVP Management, LLC Mager of naissance 35 LC Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party(if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 4 5h. Adjoining Properties Parcel ID Number Use Zoning 75-A-1 Vacant MI 74-3-2 Vacant RA 74-3-3 Vacant RA 74-A-67 Residential/Farm RA 74-3-4 Residential RA 74-3-5 Residential RA 74-3-14 Residential RA 74-6-12A Residential Open Space RA 74-6-12B Residential Open Space RA 74-A-64 Residential/Farm RA 74-A-62 Vacant RA 74-A-63 Residential RA 74-A-61 Residential RA 74-A-59 Residential RA 74-A-57 Residential RA 74-A-72 Residential RA 74-A-70 Vacant RA 74-A-71 Vacant RA/B3 75-A-211 Vacant B3 -- I CSX Railroad Tracks -- 6. Disclosure of real parties in interest. Renaissance 65 LC Chesterfield Retail LC (Sole Member) 12500 Fair Lakes Circle, Suite 400 Fairfax, VA 22033 LPF Master Limited Partnership (Member of Chesterfield Retail LC) 12500 Fair Lakes Circle, Suite 400 Fairfax, VA 22033 WEP Master Limited Partnership (Member of Chesterfield Retail LC) 12500 Fair Lakes Circle, Suite 400 Fairfax, VA 22033 JMP Master Limited Partnership (Member of Chesterfield Retail LC) 12500 Fair Lakes Circle, Suite 400 Fairfax, VA 22033 SBP Master Limited Partnership(Member of Chesterfield Retail LC) 12500 Fair Lakes Circle, Suite 400 Fairfax, VA 22033 Renaissance 35 LC Chesterfield Retail Investors LC (Sole Member) 12500 Fair Lakes Circle, Suite 400 Fairfax, VA 22033 Peterson Family Trust(Member of Chesterfield Retail Investors LC) 12500 Fair Lakes Circle, Suite 400 Fairfax, VA 22033 MVA Master Limited Partnership (Member of Chesterfield Retail Investors LC) 12500 Fair Lakes Circle, Suite 400 Fairfax, VA 22033 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address EamedyElm 55 LC and Shad Elm 45 LC c/o The Peterson Companies Y 92540 Fair Lakes Circle,Suite 400 5-A-1 Attn:Bryan Lytton,Esquire Fairfax,VA 22033 Name Kitty Hockman Nicholas and Robin H. Eddy 690 Shady Elm Road Property#74-3-2; 74-3-3; 74-A-67 Winchester, VA 22602 NameJacob T. and Heather R. Rudolph 750 Shady Elm Road Property#74-3-4 Winchester, VA 22602 NameGregory R. and Johanna A. Brown 114 Hockman Court Property#74-3-5 Winchester, VA 22602 Name Joseph and Katherine O'Donnell 113 Hockman Court Property#74-3-14 Winchester, VA 22602 Name Shady Elm Farms Homeowners Association 107 N. Kent Street Property#74-6-12A; 74-6-12B Winchester, VA 22601 Name Ronald L. Brown 970 Shady Elm Road Property 0 74-A-64 Winchester, VA 22602 Name Edward Lee Sampson 420 Reliance Road Property#74-A-62; 74-A-63 Middletown, VA 22645 Name Robert D. Patton and Anita K. Rukavina-Patton 983 Shady Elm Road Property#74-A-61 Winchester, VA 22602 7 Name and Property Identification Number Address Name Robert J. and Donna L. Diaz 1006 Shady Elm Road Property#74-A-59 Winchester, VA 22602 Name Vernon E. and Lisa M. Heavner 1043 Shady Elm Road Property#74-A-57 Winchester, VA 22602 Name Elizabeth Ann Haymaker 316 Springdale Road Property #74-A-72; 74-A-70 Winchester, VA 22602 Fm eStephen D. Brim, et als. 254 W. Queen Street perty 4 74-A-71 Strasburg, VA 22657 Name Renaissance Commercial Center Inc. P.O. Box 480 Property#7 5-A-2 R Stephens City, VA 22655 Name Property# Name Property# Name Property x Name Property Name Property Name Property Name Property r Name Property Name Property r. 8 From: Carter, Edwin <edwin.carter@vdot.virginia.gov> Sent: Friday,July 22, 2022 9:02 AM To: Thomas Moore Lawson, Esq. Cc: Matthew Smith; Lloyd Ingram Subject: Re: FW: Minor Proffer Amendment Good morning Ty. Our Land Development group has reviewed and do not have any concerns from VDOT with the proposed changes. Ed Edwin Z. Carter Residency Administrator Office-540 534-3204 Cell-804.396.0082 edwin.carter(a�vdot.virginia.gov On Wed, Jul 20, 2022 at 2:10 PM Thomas Moore Lawson, Esq. <tlawsonglsplc.com>wrote: Ed, This is a follow up to my correspondence of July 8th regarding the minor proffer amendment for the Renaissance 65 LC and Renaissance 35 LC property in Frederick County. Please let me know if VDOT has any comments to the application. Thanks, Ty Thomas Moore Lawson, Esquire 1 Thomas Moore Lawson, P.C. Of Counsel-Williams Mullen P.O. Box 2740 Winchester, VA 22604 Ph: 540-665-0050 Fax: 540-722-4051 Email: tlawson(cDlsplc.com The information contained in this message is information intended only for the use of individual or entity named above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address. From: Thomas Moore Lawson, Esq. Sent: Friday, July 8, 2022 10:34 AM To: 'Carter, Edwin' Subject: Minor Proffer Amendment Ed, Please see the attached correspondence. Thanks, Ty Thomas Moore Lawson, Esquire Thomas Moore Lawson, P.C. Of Counsel-Williams Mullen P.O. Box 2740 2 Winchester, VA 22604 Ph: 540-665-0050 Fax: 540-722-4051 Email: tlawson(cDlsplc.com The information contained in this message is information intended only for the use of individual or entity named above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address. 3 c cod Rezoning Comments Virginia Department of Transportation Mail to: Hand deliver to: Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 2275 Northwestern Pike Edinburg, Virginia 22824 Winchester, Virginia 22603 (540) 984-5600 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Renaissance 65 LC and Renaissance 35 LC 'Telephone: (540)665-0050 Mailing Address. c/o Thomas Moore Lawson,Esquire P.O.sox 2740 Winchester,VA 22604 Location of property: i#31 shady Elm Road Current zoning: M1 Zoning requested: 1011 Acreage: 107.21 Virginia Department of Transportation Comments, See attached email from Lloyd Ingram w/VDOT To Mr. Ty Lawson dated July 26, 2022. VDOT Signature & Date: Notice to VDOT -Please Return Form to Applicant 21 From: Rhonda Funkhouser <Rhonda.Funkhouser@vdot.virginia.gov> Sent: Tuesday,July 26, 2022 4:21 PM To: Thomas Moore Lawson, Esq. Cc: Lloyd Ingram;jbishop@fcva.us Subject: Renaissance 65 LC and Renaissance 35 LC - Proffer Adjustment Attachments: Renaissance 65 LC & Renaissance 35 LC.pdf of DEPARTMENT OF TRANSPORTATION Edinburg Land Use 14031 Old Valley Pike Edinburg,VA 22824 Mr. Lawson: A VDOT review has been conducted for the Renaissance 65 LC and Renaissance 35 LC Proffer Adjustment proposal with a submittal date of July 08, 2022. Based on the review of the proposed changes to the proffers, the request is acceptable to our office. If you have any questions or need further information, please do not hesitate to contact me. Regards, Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency—Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540)534-3214 Fax#(540)984-5607 1 From: Rod Williams <rwillia@fcva.us> Sent: Friday,July 15, 2022 11:20 AM To: Thomas Moore Lawson, Esq. Cc: Wyatt Pearson;John Bishop; Tyler Klein Subject: Carbaugh Business Center, Revision to Proffer Statement for Rezoning #04-17 for Parcels 74-A-68 and 74-A-69 Dear Ty: I am in receipt of the proposed minor proffer amendment, to Site Improvements Items 5 and 6 of the Proffer Statement for above 2017 rezoning. I have reviewed the draft amendment and it is my opinion that the proposed Amendment to the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement. Sincerely yours, Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia(a)-fcva.us i RECEIVED JUL 0 8 2022 N Rezoning Comments �`�?ice ti, ? ' Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Renaissance 65 LC and Renaissance 35 LC Telephone: (540)665-0050 Mailing Address: c/o Thomas Moore Lawson,Esquire P.O.Box 2740 Winchester,VA 22604 Location of property: 831 shady Elm Road Current zoning: M1 Zoning requested: M1 Acreage: 107.21 Fire Marshal's Comments: SEE A�ifttft�7 Fire Marshal's Signature & Date: 7� a Notice to Fire Marshal-Please Return This Form to the Applicant 23 Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester,VA 22602 w_ Phone: 540-665-6350 Fax: 540-678-4739 fmo@fcva.us Plan Review Rezoning Status: Approved Owner Renaissance 65 LC& Renaissance 35 LC 831 Shady Elm Rd Winchester , Virginia 22603 Other: Printed Date: 07/14/2022 Thomas Moore Lawson. P.C. General Information Received Date: 07/08/2022 Occupancy Type: Review Begin Date: 07/14/2022 Property Use: Review End Date: 07/14/2022 Activity Number: 1071049 Hours: 1.0000 Review Cause: Application 'Activity Details Minor Proffer Amendment Project Name Comments: No comments at this time. *me ww� Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 ti�x CoG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development,County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Renaissance 35 LC Name of Property Owner Applicant Please note If the property owner.apphcant is an entity.the name of the entity should appear above If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed do The Peterson Companies,12500 Fair Lakes Circle,Suite 400,Fairfax,VA 22033 (703)631-7560 Mailing Address of Property Owner,Applicant Telephone Number as owner of,or applicant with respect to, the tract(s)or parcel(s)of land in Frederick County, Virginia, identified by following property identification numbers: 74-A-68. 74-A-69 do hereby make,constitute,and appoint: Thomas Moore Lawson, Esquire Name of Attomey-In-Fact P.O. Box 2740,Winchester,VA 22604 (540)665-0050 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,but only to file and act on my behalf with respect to application with Frederick County,Virginia for the following,for the above identifiproperty: ✓ Rezoning e Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim.or final) F1 Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title(if signi ehalf Of an entity)ion M Peterson,Manager,MVP Management,LLC.Manger of Renaissance 35 LC State of r ,County/City of w t t,c_� , To wit: Is [,Kc t-r v14 IQ d sj_ ,l a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this IS r`' day of Jr , 20 .Z t My Commission Expires:.-----) I Z,) 2 Notary Public egistration Number: —1 8L C� 'Mrs, Rasdlad Robin Rand Reg otarrPublic� Cmummieda of Vt tt3a Mr co�tniWsn E_ � 3t,2023 COG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us w Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Renaissance 65 LC Name of Property Owner/Applicant Please note- If the property ownerlapplicant is an entity,the name of the entity should appear above If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed do The Peterson Companies,12500 Fair Lakes Circle,Suite 400,Fairfax,VA 22033 (703)631-7580 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to, the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-68;74-A-69 do hereby make,constitute,and appoint: Thomas Moore Lawson, Esquire Name of Attorney-In-Fact P.O. Box 2740,Winchester,VA 22604 (540)665-0050 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,but only to file and act on my behalf with respect to application with Frederick County,Virginia for the following,for the above identified property: ✓ Rezoning BB Subdivision Conditional Use Permit Site Plan Master Development Plan(prelim. or final) ff Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to o er proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature ape Title(if si behalf of an entity)ion M.Peterson,Manager,MVP Management,LLC,Manager of Renatssance 65 LC State of U , r County/City of ,To wit: ILL A, a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this I S rl- day of -i ,20 Z Z-- y Commission Expires,. otary u tc Registration Number: 6 Kash Rttatlod Roble oe Raotf CsroRaRes Frederick Home Frederick County Virginia LIFE ar rHE rop Pay/Lookup Taxes Payment Home Personal Property Real Estate nog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2022 REAL ESTATE Dept/Ticket# RE2022/337850001 Frequency 1 Supplement# 0 Name RENAISSANCE 65 LC&RENAISSANC Map# 74 A 68 Account# 8023410 Name 2 C/O THE PETERSON COMPANIES Bill Date 04/25/2022 Acreage 89.870 Address 12500 FAIR LAKES CIR Due Date 06/06/2022 Improvements $71,100.00 STE 400 ATTN:BRYAN LYTTON Desc 89.87 ACRES Land Value $3,184,000.00 FAIRFAX VA Land Use $102,400.00 Zip 22033 3804 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/06/2022 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $529.18 ($529.18) $0.00 $0.00 $0.00 Transaction History Date Type Transaction# Amount Balance 6/6/2022 Charge 0 5529.18 5529.18 6/6/2022 Principal Paid 9630 ($529.18) $0.00 Previous Frederick Home Frederick County Virginia LIFE ar rHE rop Pay/Lookup Taxes Payment Home Personal Property Real Estate nog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2022 REAL ESTATE Dept/Ticket# RE2022/337860001 Frequency 1 Supplement# 0 Name RENAISSANCE 65 LC&RENAISSANC Map# 74 A 69 Account# 8023411 Name 2 C/O THE PETERSON COMPANIES Bill Date 04/25/2022 Acreage 17.340 Address 12500 FAIR LAKES CIR Due Date 06/06/2022 Improvements $0.00 STE 400 ATTN:BRYAN LYTTON Desc 17.34 ACRES Land Value $1,127,100.00 FAIRFAX VA Land Use $5,600.00 Zip 22033 3804 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/07/2022 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $17.08 ($17.08) $0.00 $0.00 $0.00 Transaction History Date Type Transaction# Amount Balance 6/6/2022 Charge 0 $17.08 S17.08 6/6/2022 Principal Paid 44687 (S17.08) $0.00 Previous 21002 .342 - G-7 DEED PREPARED BY: H.Edmunds Coleman,III VSB#15449 Bryan&Coleman,PLC - 118 S Braddock Street Winchester,VA 22601 CONSIDERATION: $9,000,000.00 Assessed Value: $4,382,200.00 Grantor: Graystone Corporation,a West Virginia corporation Grantor's Address: 1057 Martinsburg Pike,Winchester,Virginia 22603 Grantee: Renaissance 65 LC, a Virginia limited liability company, and Renaissance 35 LC,a Virginia limited liability company Grantee's Address: 12500 Fair Lakes Circle,Suite 400,Fairfax,Virginia 22033 Tax Map Nos.: 74-A-68 and 74-A-69 Record and Return to: Commercial Title Group,Inc. Attention: Barbara Blitz 1320 Old Chain Bridge Road,Suite 210 McLean,VA 22101 File No.192004145 1 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made, executed and delivered this 0 day of December, 2021, between GRAYSTONE CORPORATION OF VIRGINIA, a West Virginia corporation, the designated name in Virginia of GRAYSTONE CORPORATION, A West Virginia corporation registered and qualified to do business in Virginia under the name of Graystone Corporation of Virginia ("Grantor"), whose address is 1057 Martinsburg Pike, Winchester, Virginia 22603, and RENAISSANCE 65 LC, a Virginia limited liability company, as to a 6454. co- tenant interest, and RENAISSANCE 35 LC, a Virginia limited liability company, as to a 36%co- tenant interest(collectively, "Grantee'),whose address is c/o The Peterson Companies, 12500 Fair Lakes Circle,Suite 400,Fairfax,Virginia 22033,Attn:Bryan Lytton,Esq. WHEREAS, Grantor acquired the property being conveyed herein to Grantors, by Deed dated January 11,2018 from Bank of Clarke County,Successor Trustee of the Henry J.Carbaugh Trust Under Agreement dated December 18, 2006, recorded in the office of the Clerk of the Circuit Court of Frederick County,Virginia,as Instrument No.180000683(the"Carbaugh Deed"); WHEREAS, said Carbaugh Deed erroneously referred to the Grantor as Graystone o Corporation of Virginia,a Virginia corporation;and WHEREAS,Grantor hereby corrects and confirms that Graystone Corporation of Virginia is the name in Virginia of Graystone Corporation, a West Virginia corporation registered and qualified to do business in Virginia under the name of Graystone Corporation of Virginia. WITNESSETH: That Grantor,for and in consideration of the sum of Ten and NO/100 Dollars and other good and valuable consideration, to it in hand paid by Grantee, the receipt and sufficiency whereof are hereby acknowledged, hereby grants, sells and conveys with special warranty to Grantee,its successors and assigns forever,the following described land,situate,lying and being in the County of Frederick,Commonwealth of Virginia,to wit(the"Land"): See Exhibit"A"attached hereto and by this reference made a part hereof. together with all improvements, rights, alleys, ways, easements, privileges,tenements, hereditaments and appurtenances of Grantor belonging or in any wise appertaining to the Land (collectively,the"Property"),subject to all matters of record. To have and to hold the Property in fee simple forever. And Grantor,for itself and its successors and assigns,does hereby warrant the title to said Property,will defend the same against the lawful claims of all persons claiming by,through,or under Grantor, but not otherwise, and will execute such further assurances thereof as may be requisite. [signature page follows] 2 CD IN WITNESS WHEREOF,the said'grantor has caused this instrument to be executed in its name by its duly authorized representative the day and year first above written. GRANTOR: GRAYSTONE CORPORATION OF VIRGINIA,a West Virginia corporation rB (SEAL) John P. oo reasurer COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER,to-wit: On this 3�1' day of December, 2021, before me the undersigned officer, personally appeared John P. Good, Jr., in his capacity as Treasurer of GRAYSTONE CORPORATION OF VIRGINIA,a West Virginia corporation,personally known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he/she has executed the same for the purpose therein contained. In witness whereof,I have hereunto s y hand and official seal. o ary u is My Commission Expires. a-Ola_3 Notary Registration No.: f34dCe$ DENISE L.THOMAS NOTARY PUBLIC Commonwealth of Virginia Registration No.139068 My Commission Expires August 31,2023 3 EXHIBIT"A" 0 LEGAL DESCRIPTION All that certain lot,piece or parcel of land,lying and being situate in Frederick County,Virginia, more particularly described as follows: PARCEL ONE:All that certain lot or parcel of land,together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, fronting on the eastern side of Shady Elm Road (VA. Sec. Route 651), in Back Creek Magisterial District, Frederick County, Virginia,containing 89.8719 acres, more or less,and more particularly designated as"Fax Map 74-A-68 89.8719 Acres"on that certain plat titled"Boundary Survey Of The Land Of The Henry J. Carbaugh Trust" dated August 12, 2016, drawn by S.W. Marsh, L.S., which is attached to and made a part of that certain Confirmation of Plat dated January 3,2017,of record in the Clerk's Office of the Circuit Court of Frederick County,Virginia as Instrument No.170005695. PARCEL TWO:All that certain lot or parcel of land,together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, fronting on the eastern side of Shady Elm Road (VA. Sec. Route 651), in Back Creek Magisterial District, Frederick County, Virginia,containing 17.3391 acres, more or less,and more particularly designated as"Tax Map 74-A-6917.3391 Acres"on that certain plat titled"Boundary Survey Of The Land Of The Henry J. Carbaugh Trust" dated August 12, 2016, drawn by S.W. Marsh, L.S., which is attached to and made a part of that certain Confirmation of Plat dated January 3,2017,of record in the Clerk's Office of the Circuit Court of Frederick County,Virginia as Instrument No.170005695. AND BEING the same property conveyed to Graystone Corporation of Virginia, a Virginia corporation from Bank of Clarke County,Successor Trustee of The Henry J.Carbaugh Trust Under Agreement Dated December 18,2006 by Deed dated January 11,2018 and recorded on January 23,2018 as Instrument No.180000683 among the land records of Frederick County,Virginia. M:\Graystone Corporation of VA(Sale to Real Estate Pursuits LC)\Special Warranty Deed(final)12-8-21.docx VIRGITIIA:FREDERICK COU 'CTI me on 'ibis instrument of writing was produced -aa_a atS s ted ith Cetfio record-Ttaxwmp g sed by Sec 58.1-802 of was 4 (� d 58.1-801 have been paid.if assessahle Clerk