The URL can be used to link to this page

Home My WebLink About028-22 (RezoningTheCanyonLC) ORDINANCE 7 :f Action: PLANNING COMMISSION: October 19, 2022 Recommended Approval BOARD OF SUPERVISORS: October 26, 2022 Adopted w � nuirsm ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#09-22 THE CANYON LC WHEREAS,REZONING#09-22 THE CANYON LC,submitted to amend the proffer statement approved with REZ #06-15 (Opequon Crossing). The proposed minor proffer amendment seeks to specify no "Certificate of Occupancy"shall be issued for any dwelling unit without completion of improveinents to Route 7 and the proposed collector"spine"road and further clarify the monetaiy escalation occurs from the original 2015 rezoning; and WHEREAS, the Frederick County Planning Commission held a public meeting on this Rezoning on October 19, 2.022 and recommended approval;--and WHEREAS, the Frederick County Board of Supervisors held a public meeting on this Rezoning during their regular meeting on October 26, 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 1_65 of the Frederick County Code, Zoning, the Zoning District Map is amended to revise the proffers associated with Rezoning #06-15 Opequon Crossing to specify no "certificate of occupancy"shall be issued for any dwelling unit without completion of improvements to Route 7 and the proposed collector"spine"road.; and The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 26 day of October 2022 by the following recorded vote: Res# 028-22 Charles S. DeHaven, Jr., Chainnan Aye Shawn L. Graber Aye J. Douglas McCarthy Absent Robert W. Wells Aye Josh E. Ludwig Aye Judith McCain-i-Slaughter Aye Blaine P. Durm Absent A COPY ATTEST Michael L. Bollhoefer Frederick County Ad i istrator Res# 028-22 COQ REZONING APPLICATION #09-22 THE CANYON,LC w Staff Report for the Board of Supervisors ® 0 Prepared: October 20,2022 „B�wr Staff Contacts: M. Tyler Klein, AICP, Senior Planner 1738 Reviewed Action Planning Commission: 10/19/2022 Recommended Approval Board of Supervisors: 10/26/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/26/22 BOARD OF SUPERVISORS MEETING: This is an application to rezone (minor proffer amendment) +/-174.98 acres from RP (Residential Performance)District with proffers to RP (Residential Performance) District with revised proffers. This proposal would amend the previously approved proffer statement for REZ 906-15,Opequon Crossing,to further specify no"certificate of occupancy" shall be issued for any dwelling unit without completion of improvements to Route 7 and the proposed collector "spine" road (Proffer 9.2) and further clarify the monetary escalation occurs from the original 2015 rezoning (Proffer 13.1). All other provisions in the approved proffer statement(land use, density,other transportation improvements)remain unaltered. The subject properties are located wholly in the Red Bud District. The Planning Commission recommended approval of the rezoning application at their October 19, 2022 meeting (7-0-5-1; Commissioners Aikens, Kerns, Molden, Thomas & Triplett absent; Commissioner Manuel abstain). Following the gublic meeting, a decision regarding this rezoning application by the Board o Supervisors would be aggro,2riate. The A,2,2licant should be prepared to adequately address all concerns raised by the Board ofSupervisors. Rezoning 909-22 The Canyon,LC October 20,2022 Page 2 This report is prepared by the Frederick County Planninz Staff to provide information to the Planninz 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 zonin,-matter. Unresolved issues concerninz this application are noted by staff where relevant throughout this staff report. PROPOSAL: This is an application to rezone (minor proffer amendment) +/-174.98 acres from RP (Residential Performance) District with proffers to RP (Residential Performance) District with revised proffers. LOCATION: The properties are located south of Route 7, east and west of Eddy's Lane and adjacent to the Opequon Wastewater Reclamation facility at the eastern boundary of Frederick County along Opequon Creek. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-210, 55-A- 212 and 55-A-212A PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: Rural Areas (RA) Use: Vacant/Residential South: Residential Performance (RP) Use: Open Space/Residential East: Clarke County Use: Clarke County/Vacant West: Residential Performance (RP) Use: Residential Rezoning 909-22 The Canyon,LC October 20,2022 Page 3 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The subject properties, collectively known as "Opequon Crossing" were originally rezoned from RA (Rural Areas)to RP (Residential Performance) in November 2009 (REZ#12-07). A subsequent rezoning (906-15; approved December 2015) modified the previously approved proffer statement. Since 2015,the subject properties have remained vacant and undeveloped.A Master Development Plan (MDP, 901-22) was administratively approved in March 2022 for 574 residential dwelling units,and a Subdivision Design Plan(SDP)is presently under review by the Department of Planning and Development prior to commencement of land disturbing activities. 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; the Plan is 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 parcels comprising this rezoning application are located within the County's Urban Development Area(UDA)and Sewer and Water Service Area(SWSA). The UDA defines the general area in which more intensive forms of residential development will occur. In addition, the Opequon Crossing property is located within the Senseny/Eastern Frederick Urban Area Plan. This land use plan calls for the subject properties to be developed as "residential."The existing zoning of the property, RP, is in conformance with the Plan. The proposed rezoning (minor proffer amendment) does not propose any changes to the previously approved zoning district(RP)or land uses.The proposed minor proffer amendment, to clarify the"trigger"for proffered transportation improvements, changing"building permit" to"certificate of occupancy"(proffer 9.2) does not impact the conformity of the application to the Plan. 3) Access & Transportation The proposed rezoning (minor proffer amendment) does not propose any changes to the previously approved proffered transportation improvements. However, the proposed proffer amendment does clarify that the proffered transportation improvements to Route 7 and the Rezoning 909-22 The Canyon,LC October 20,2022 Page 4 future collector road ("spine road") will need to be completedrip �or to issuance of the first "certificate of occupancy"and that the monetary escalation occurs from the original rezoning application approved in 2015. 4) Potential Impacts & Proffers The proposed rezoning (minor proffer amendment) does not propose any changes to the previously approved total number of units or other capital contributions. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/19/22 MEETING: The Planning Commission received a presentation on October 20,2022 and offered no comments.The rezoning application was sent forward to the Board of Supervisors with a recommendation of approval (7-0-5-1; Commissioners Aikens, Kerns, Molden, Thomas & Triplett absent; Commissioner Manuel abstain). Following the public meetine, a decision regardine this rezoning application by the Board o Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board ofSunervisors. BERRYVILLEI 2826 10 PIKE BERRYVILLE ILL PIKE { ® E DR ,9 1580 PCE♦DR VALLEY MILL RD t� � 1560 4CE DR 111 VALLEY MILL RD 1494 EDDYSLN 1291 VA�t 1496 145 193 VALEY LLE L MILL RD VALLEY EDDYSLN EDDYS LN E DR MILL RD M°ILL RD- 151 EDDYS LN 1494 108 VALLEY MILLRACE DR MILL RD 1— • 1430 )NE CIR VALLEY 27 1494 MILL RD 3100 /MILL RD VALLEY BER VI MILL RD 233 PIKE 290 EDDYSLN .105 155 EDDYS LN I9"," `BI CANE�CT I II BISCANE�Ci � - TONEigp. ISRA DR 283 164. SO�i -/ LAR DR 71 SOLARA DR LIRE CT, _ 55 A 210 13 / SHIRE Ci 120 25= SOL4RA DR / TIRE Ci 140 SEQUOIA DR 55 A 2T2A • ..s 2247, THOMPSON Ci s A,428 5 ; Ijp440,6ANYON jRD •THOMPSON C��1W0 !7 CAN YON�RD 414► `EATHTCi . ON RD 1,75 CANYON RD 10 55 A 272 N ✓IN Ci , ,3,•�MOOING �'I, /HEATHLCi 10 7 GLORY DR 10011 AULEE Ci ip•7 165 PANGBORNE Ci 111 AULEE Ci � MORNING HEATH Ci A&LOR DR GLORY DRQ 343 `BENATFI Ci - ,15CANYONRD AULEE'Ci 11NG.GLORY BEN08 CANYON RD �y4 HEATH Ci `2'.1..5 107 iER 104 •1`A'NGBORNE`C� 2,4 HE` NORFOLKC PRIMROSE PL 2.10 HEATH Ci ALPINEI/NEAD0 / 10106 20�� ~CANYON RD •NORFOLK Ci 2737 •• ALPINEMEADO JRD 105 SENSENYRD +� l� 3U0 CANYON RD .1�j1YaA 313 .A 1 7RNING f '"�/ WHIPP DR CANYON RD ..�' ` •, .ORY DR�, uax,...... CIR COMBE DR 308 � �p�i► L15 r' �T�1 CANYON RD � •�� 1NING ` 1=....; CANYON 2� 4VHIPP�RI w,i►,....,,;_.' ., =_,►. �Boo,Y--/L)R• COMBEiDR•', ��,ti.0� ' ';Y„•.•, 7,.;-rti�' iii, it p 20 lVING ls SENSENJ GLEN D_R = •• 2747 BERRYVILLE 2826 _ T X ILL IL PIKE BER LLE PIKE - { E DR ,9 1580 \�-E♦DR VALLEY MILL RD 21560 4CE DR III VALLEY MILL RD O 1494 EDDYS LN 1291 1496 145 193 Al VALLEY VALLEY VALLEY EDDYSLN EDDYS LN EDR,. MILL RD MILL RD .MI'L`1-RD. I51 EDDYS LN 1. 1494 108 VALLEY MILLRACE DR MILL RD r3= 1430 )NE -IR VALLEY 2'7 1494 MILL RD 3100 MILL RD VALLEY BERRYVILLE MILL RD 233 PIKE 290 EDDYSLN ah155 EDDYSLN 19 �1„=BISCANECi I��BISCANE,- ;T�y �ONE,DR. _ '• �� / 283 ' A DR EDDYS LN SOLTARA DR 150 IIR E C -- _ - SOLARAID R 'IRi �.,: 'SHIRE Ci 120 `. SOLARA DR i1RE Ci 140 ” SEQUOIA DR 55 A '.� 212A 15 i5 CT •• • 117 2441,•�'THOMPSON Ci a k3�cr ais . . �- . E125 � ', 440k.CANY,ON RD 7HOMPSON C�i1L00 - ONO CAN NERD "y}•CANY,O RD �107H� 107 RD, L75 414 �• '3 MORNING �' IHEATHHf 55 A 212 ✓IN Ci 'GLORY DR _ , 100 AULEE Ci llb7 16PANGBORNE Ci 111 AULEE Ci 1 ='AMORNING♦ 115 I� HEATH Ci GLORY DRQ 157-y ��B {ATFI Ci CANYON RD1336ULEE'Ci LING GLORY DRQ.,..-BE_NTP.ATH Ci 208 CANYON RD 215 i 114 HEATHA 4 4.. •107 iER �P.ANGBORNE C, 21q HEATH Ci NORE'OK�Ci 104 "�r�'HEATHCT� I. PRIMROSE PL ALPINEIMEADOW�R�ful .�1t106 203 CANYyON RD NORFOLK Ci 2737 •• ALPINE-MEADO JRD 105 _ - SENSENY RD 1363 0 CA•+NIYOMRD 1�Q,2,,� 3113• .1 7RNING� TAMARACK 212,V IPP'DR CANYON R� ,.•! ',� � .ORY DRdo•� CIR COMBE DR 308 •�,� L15 r11 CANYON WING CANYON RDWHIPP DR I ��i 0 e ► RYoDR 'ter 209 .•r ® A\�, ,.-r-��;1 20 kokeSENSE NY GLEN D_R VING ALPINE SENSENY4GLEN DR 220 <�y !Y/DR MEADOWRD - 310 i + , SENSENY 'SE 100 NSENY •�� -1113 GLEN DR GLEN DR . 1 19 PN�CyyT SENSENY SENSENY GLEN�DRr�� ~ GLDRY/DK�•�GLENDR �" �, lUI 234 204 217,[CO/NBEi15R CANYON RD n - IS p �.•. �6ANYON.RD _ 2747 O •.. . 100 SNYRD .ri �+ II" •. • • •• i, - A , ♦ + 10 BERRYVILLE 2826 ILL PIKE BERRYVILLE E DR PIKE 1580 .9 VALLEY MILL RD VCE DR 2 {4�C-E-I-DR 111 VALLEY MILL RD 1291 1494 EDDYS LN 145 193 ��Ii I1 VALLEY VALLEY 1496 EDDYS+LN E DR MILL RD MILL RD ,M RD EDDYS LN ♦ - i��-� 1494 ► ��♦ / i ♦11111111♦ .� 108t•�t•�t•�t•��4W� ��t•��</ MILL•RACEDR VALLEY �.►�� MILL RD i�t•��t•��t•��f•��t: 13 1430 ,� G ��t•��t: 5'r 2'7 1494 �Vi ��t3100�� /MILL RD VALLEY "' , ►��-��BERRYVILLE�� MILLRD t•��i��t•��l 233 yy�j ►j�t.�j�j�t;wo;w .IKE�� S� ►wt•t•t•t+t•t•�t•t•�t•t.t. 'go EDDYS�LN ,(►�� . .105 155 EDDYS LN p�� t•*W,t• WW�� t9�„\1 SBI CANE Ci I I��BISCANE Ci +•••••••••••• t•��t• BONE DRF — 180�/ ,A1��W��t•��♦tl��t•� _ - .......... �'/ EDDYS LN •/.,, - ��:::♦��t, 71 'SOLARA DR TIRE Ci _ 55 A 210 3 SHIRE Ci .' 120 25- SOIARA DR i1RE Ci 140 �' SEQUOIA DR 55 A 212A P5 • '5,Ci A `j rt� i 24i"iHOMSON .• x125 Y �ggp�CANY.ON RDCX iHOMPSON zw,luu, !7 GANYOND •� `AN�Y1 RN D 107 ON�RDL75 T y '3'�GMORNING� >•v 'W+' INC 'r.RY D IHEAiHLCi AULEE Ci X14 7 ✓INS iy�GLORY DRQ - 1011, , y1 r.- GPyy ,165 >' PANGBORNE'Ci HEAiH Ci �AULEI y�MORNING 116 ..,-....,♦ -195 �d•�� + GLORY DRQ 343 AULEE'Ci Iy BENTPAiH C r i S -m Iw i CANYON RD> 1157 +119 VlrX IING GLORY(DR BEWATH, 208 CANYON RD 8�, >�5•e 114., HE iHM tZ 1.5 107 4M iER )P.ANGBORNE Ci, 214 HEAiH Ci NORFOLKCi -��... �t104Y - TAiH�CT�� w� -PRIMROSEjL 210 2ALPINEtMEADOW RD 1016 03S Y` ' ^. CANYON RD NORFOLK Ci 2737 SENSEY RD 1 6� �Y`�A YON'RDR WHI � 1.12'I13 r ti� i_. �RNINGyvINE MEA K MAk i 1 N 212 PP DCANYON R .�` 300 ORY DR ,yiCIR > COMBE DR 308 C.•�' `o 115 �iil ZNNGIY'✓DR� ':ANYON'RDWHIPP•DR20 '. w�ii�„ ,•' r� � ►. SENSENY GLENIDR • ' .. 7� -'SENSENY =',�= • � •+ - GLEN DR u�r •. 1 234 E'DR C-A ON RD � '�. n ✓ 2747. e' .., •� • - 100105 <SENSENY RD DocuSign Envelope ID:5F384A7B-BF42-4C24-B3F9-DE09FDC12A92 To be An ted Zai,Planning Stu : Fee-AmountPaid s l:o t'.'Z Zoning Ar neftd ber - a Anticipated PIC'Hearing.date Date Received 14t Trt A'A .Anticipated DOS Hearing Date 101�(rf dj REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING& DEVELOPMENT 1. Property Owner(s) (please attach additional page(s)if more than two owners): Name: The Canyon, LC Specific Contact Person if Other than Above: Patrick Sowers Address: 420 W. Jubal Early Drive, Suite 103, Winchester, VA 22601 Telephone: 540-336-3333 Email: Patrick.R.Sowers(agmail.com Name: 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: D.R. Horton, Inc. Specific Contact Person if Other than Above: Tony Free Address: 7925 Jones Branch Drive, Suite 6200, Tysons, VA 22102 Telephone: 301-481-8934 Email: TVFree(adrhorton.com 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Specific Contact Person at Firm: Address: Telephone: Email: 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. 12 DocuSign Envelope ID:5F384A7B-BF42-4C24-B3F9-DE09FDC12A92 4. Project Name (if any): Opeguon Crossing 5. Property Information: a. Property Identification Number(s): 55-A-210, 55-A-212, 55-A-212A b. Total acreage of the parcel(s): 174.98 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: RP (Residential Performance) - 174.98 Acres e. Proposed zoning designation(s) and acreage(s) in each designation: - RP (Residential Performance) - 174.98 Acres f. Magisterial District(s): Red Bud 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): h. Adjoining Properties: Parcel ID Number Use Zoning See attached 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. 13 DocuSign Envelope ID:5F384A7B-BF42-4C24-B3F9-DE09FDC12A92 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. The Canyon, LC (David Holliday, sole member) D.R. Horton, Inc. Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: FRI Location Map FRI Plat Depicting Metes/Bounds of Proposed Zoning Z Impact Analysis Statement Proffer Statement(if any) ❑ N/A Agency Comments Fee Qx Copies of Deed(s) to Property(ies) Tax Payment Verification Digital copies (pdf s) of all submitted items 14 DocuSign Envelope ID:5F384A7B-BF42-4C24-B3F9-DE09FDC12A92 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. Owner: Date vz Z If signin n behalf of an e ity, please state name of entity and your title: Owner: Date If signing on behalf of an entity,please state name of entity and your title: DocuSigned by: Other Applicant Party(if any):Eon Date 8/26/2022 If signing on behalf of an entity, please state name of entity and your title: D.R. Horton, Inc., City Manager, Northern Virginia Division If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 15 Adjoining Property Owners — Opequon Crossing 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 Property Identification Number PIN Address Name: Toll VA IV LP 19775 Belmont Exec Piz, Suite 250 Property#: 55-A-209 Ashburn, VA, 20147 Name: Toll VA IV LP 19775 Belmont Exec Piz, Suite 250 Property#: 55-A-211 Ashburn, VA, 20147 Name: Lisa Riggleman and Mildred Riggleman 7000 Ben Franklin Road Property#: 65-A-195 Springfield, VA 22150 Name: Twin Lakes Overlook Community Association 19775 Belmont Exec Piz, Suite 250 Property#: 55M-2-9-149D Ashburn, VA, 20147 Name: Arcadia Communities LLC 9900 Main St, Suite 500 Property#: 55G-5-3-225A Fairfax, VA 22031 Name: Arcadia Communities LLC 9900 Main St, Suite 500 Property#: 55G-5-4-179A Fairfax, VA 22031 Name: Katherine McHale 1291 Valley Mill Road Property#: 55-A-165C Winchester, VA 22602 Name: Valley Mill Farm LC 8739 C Street Property#: 55-A-165 Chesa Bake Beach, MD 20732 Name: Santos E. Villalta 750 Hetzel Ter SE Property#: 55-4-4A Leesbur , VA 20175 Name: Michael McKee 283 Eddys Ln Property#: 55-4-3 Winchester, VA 22602 Name: Investors At, LLC P.O. Box 550 Property#: 55-4-2 Stephens City, VA 22655 Name: Frederick-Winchester Service Authority P.O. Box 43 Property#: 55-4-1 Winchester, VA 22604 Name: Frederick-Winchester Service Authority P.O. Box 43 Property#: 56-A-19 Winchester, VA 22604 Name: Frederick-Winchester Service Authority P.O. Box 43 Property#: 56-A-18 Winchester, VA 22604 Name: Shenandoah Valley Battlefields Foundation P.Q. Box 897 Property#: 56-A-18A New Market, VA 22844 Name: John Bradfield, Trustee 3 Woodcreek Ct Pro ert #: 55-A-174 Durham, NC 27713 PROFFER STATEMENT REZONING: RZ. 9 Residential Performance (RP) to Residential Performance(RP) PROPERTY: 174.98 +/- Tax Map Parcel 55-A-210, 212, & 212A (the"Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: May 29, 2015 REVISION DATE(S): September 2, 2015; October 20, 2015; November 20, 2015, October 20, 2022 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the "GDP"), and shall include the following: Page 1 of 8 1. LAND USE 1.1 No more than 574 dwelling units shall be constructed on the property. A minimum of 215 dwelling units constructed on the property shall be single family detached dwellings. Multi-family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. PARKS AND RECREATION: 2.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 250th building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-402.08 of the Frederick County Code. The recreation building shall be an enclosed clubhouse with a minimum finished floor area of 3,000 square feet. Additionally, the Applicant shall construct a neighborhood swimming pool or pools with a minimum water surface area of 3,500 square feet. The swimming pool(s) shall be constructed concurrent with construction of the recreation building and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 2.2 The Applicant shall contribute to the County the sum of $1,482 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 2.3 The Applicant shall contribute to the County the sum of $1,020 per single family attached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 2.4 The recreation building and swimming pool(s) provided for by Proffer 2.1 shall be owned and maintained by the homeowners association ("HOA") for the Property. 2.5 A trail system utilizing a 10' wide asphalt surface shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, in the areas depicted on the GDP. The HOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. Page 2 of 8 3. FIRE& RESCUE: 3.1 The Applicant shall contribute to the County the sum of $446 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 3.2 The Applicant shall contribute to the County the sum of $298 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 4. SCHOOL CONSTRUCTION: 4.1 The Applicant shall contribute to the County the sum of$12,626 per single family detached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $7,696 per single family attached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 5. LIBRARY: 5.1 The Applicant shall contribute to the County the sum of $360 per single family detached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $248 per single family attached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 6. GENERAL GOVERNMENT: 6.1 The Applicant shall contribute to the County the sum of $1,118 per single family detached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 6.2 The Applicant shall contribute to the County the sum of $770 per single family attached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. Page 3 of 8 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building and associated swimming pool(s), excluding any areas that may be dedicated to Frederick County (the "County") or other public entities. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such HOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stormwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon Crossing Homeowner's Association (OCHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant prior to issuance of the first certificate of occupancy for any dwelling constructed on the Property and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing community. Language will be incorporated into the OCHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCHOA. The start-up funds for the OCHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or other operating expenses and/or capital expenses of the OCHOA. 8. WATER& SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). Page 4 of 8 8.2 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101st building permit is issued. (See 1 on GDP) 8.3 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. 9. TRANSPORTATION: 9.1 The Applicant shall construct a North-South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point B on the GDP. The North-South collector road shall generally run along the planned right of way for VA Route 37 as shown on the GDP. Said North-South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations consistent with existing approved plans for the North-South collector road. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project. The Applicant reserves the right to request for partial funding for the construction of the collector road and VA Route 7 improvements through revenue sharing or other programs as may be available through VDOT and/or Frederick County. 9.2 The Applicant shall install those improvements necessary to complete the cross-over at the intersection of the "spine" collector road and VA Route 7. No bail ing ro,- ertificate of occupancy shall be issued for any dwelling units located on the Property until such time that the following improvements are constructed at VA Route 7 and the "spine" collector road: signalization, Westbound lanes (1 left, 2 thru), Eastbound lanes (1 right, 2 thru),Northbound lanes (I left, I right). 9.3 The Applicant shall construct an entrance on the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. As part of these improvements, the Applicant shall remove the existing Route 7 median crossing and the existing Route 7 entrance to the Opequon Regional Wastewater Facility. Page 5 of 8 9.4 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant shall dedicate the right of way, 250 feet in width, for VA Route 37 across the Property, at no cost to the County, within 90 days of request by the County. 9.5 The Applicant shall construct a single east-west road crossing of the right of way for VA Route 37. Said road shall be designed to accommodate the future Route 37 fly-over bridges. 9.6 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussions with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. 9.7 Direct lot access to the"spine" collector road shall be prohibited. 9.8 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT requirements from the north Property boundary to the south Property boundary as depicted on the GDP from Point C to Point D. Said connection shall be made prior to issuance of the 350th building permit. 9.9 The Applicant shall provide a reserve area that is a maximum of 56 feet in width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparcel connector and use of the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 2 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. Page 6 of 8 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the proposed landscape screen. (See 3 on the GDP) 11. OPTION FOR USE OF TRANSFER OF DEVELOPMENT RIGHT ORDINANCE 11.1 In lieu of the per unit monetary contributions as provided above, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments, shall remain applicable to such dwelling units. 12. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 12.1 Any portion of the Property may hereafter be dedicated for public purposes (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 13 ESCALATOR FOR MONETARY PROFFERS: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of the 2015 Rezoning Application RZ 406-15 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 24 months after approval of this fezoningthe 2015 Rezoning Application RZ #06-15 to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6%per year, non-compounded. SIGNATURE(S)APPEAR ON THE FOLLOWING PAGE(S) Page 7of8 Respectfully submitted, The Canyon, LC By: Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-wit: The foregoing instrument was acknowledged before me this day of 5241-5 2022,by My commission expires: Notary Public Page 8 of 8 t Real Estate Ticket Detail Previous t..._..I_..._.1 2022 FALS A E Dept(Ticket# RE2022/410640001 Frequency 1 Supplement# 0 Name THE CANYON Map# 55 A 210 Account# 8015929 Name 2 CIO DAVE HOLLIDAY CONSTR INC Bill Date 04/2512022 Acreage 70.150 Address 420 W JUBAL EARLY DR STE 103 Due Date 06/06/2022 Improvements $87,100.00 WINCHESTER VA Desc 70.15 ACRES Land Value $1,441,500.00 Land Use $0.00 Lip 22601 6435 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/01/2022 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $4,662.23 ($4,662.23) $0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction# Amount Balance 616!2022 Charge 0 $4,662.23 $4,662.23 61112022 Principal Paid 12037 ($4,662.23) $0.00 Previous i Real Estate Ticket Detail P 2-0212 y �P reviou-s, yg,,qq Dept/Ticket# RE2022/410650001 Frequency 1 Supplement# 0 Name THE CANYON LC Map# 55 A 212 Account# 8015931 Name 2 C/O DAVE HOLLIDAY CONSTR INC Bill Date 04/25/2022 Acreage 103.830 Address 420 W JUBAL EARLY DR STE 103 Due Date 06/06/2022 Improvements $0.00 WINCHESTER VA Desc 103.83 ACRES Land Value $1,800,600.00 Land Use $0.00 Zip 22601 6435 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/01/2022 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $5,491.83 ($5,491.83) $0.00 $0.00 $0.00 $0.00 Transaction'History Date Type Transaction# Amount Balance 6/6/2022 Charge 0 $5,491_83 $5,491.83 6/1/2022 Principal Paid 12037 ($5,491.83) $0.00 Previous Virginia Real Estate Ticket Detail larevious_ 2022 REAL E-P 3TATE- Dept/Ticket# RE2022J410660001 Frequency 1 Supplement# 0 Name THE CANYON LC Map# 55 A 212A Account# 8034941 Name 2 C/O DAVE HOLLIDAY CONSTR INC Bill Date 0412512022 Acreage 5M0 Address 420 W JUGAL EARLY DR STE 103 Due Date 06/06/2022 Improvements $0.00 WINCHESTER VA Dese 5.00 ACRES Land Value $203,500.00 Land Use $0.00 Zip 22601 6435 Minerals $0,00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 0711112022 Current Payment Status Original Bill Payments Principal Balance Due Penalty interest Balance Due $620.68 ($620.68) $0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction# Amount Balance 61612022 Charge 0 $620.68 $620.68, 6/112022 Principal Paid 12037 ($620.00) $0.68 7/11/2022 Abated 0 ($0.68) $0.00 Previous 040014715 C171 --A co Prepared By, Walsh,Colucci,Lubalcy,Emrich&Terpak,P.C. 4310 Prince William Parkway,Suite 300 Prince William,Va.21'91 Grantees Address: PO Box 3276, Winchester, VA 22604 Consideration. s1,400,000.00 T..Map N. -5S-A-212-4 SPECIAL WARRANTY DEED THIS DEED is made this day of 7"1:2 2004, by and between Edward D. Haggerty and John S. Haggerty, as Trustee of the John S. Haggerty Revocable Trust and in his individual capacity,hereinafter,GRANTORS;and The Canyon,LC,a Virginia limited liability company,hereinafter,GRANTEE; WITNESSETH: That for and in consideration of the sum of Ten Dollars($10.00)and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the said Grantors do hereby grant, bargain, sell and convey, with Special Warranty of Title,unto the Grantee as all that certain lot or parcel of land situate,lying and being in Frederick County,Virginia,and more particularly described as follows: See Exhibit"A" AND BEING part of the property conveyed to John J. Haggerty and Alice S.Haggerty,his wife,as tenants by the entirety,by Deed from Leonard C. Ellis and Esther P. Ellis, his wife, dated November 23, 1966, recorded February 26, 1968, in Deed Book 328, at page 16; John S. Haggerty died as evidenced by recital in Deed recorded in Deed Book 448, at page 131, leaving Alice S. Haggerty as the surviving tenant;Alice S. Haggerty conveyed an undivided one-forth (1/4) interest to John S. Haggerty and an undivided one-forth(1/4)interest to Edward D. Haggerty by Deed dated August 15, 1975, recorded August 18, 1975 in Deed Book 448,at page 131; Alice S. Haggerty died testate on January 5, 1993 and devised her interest in the subject property to John S. Haggerty and Edward D.Haggerty by her Last Will and Testament recorded in Will Book 1:05, at page 463; John S. Haggerty conveyed his interest in the subject property to John S.Haggerty, C=) Cil Trustee of the John S. Haggerty Revocable Trust by Deed dated __J December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia.(AS TO PARCELS I AND 2) AND BEING the a portion of same property conveyed to Alice S. Haggerty,widow,as to a one-half(1/2)undivided interest,Edward D.Haggerty,as to a one-forth(1/4)undivided interest and John S. Haggerty, as to a one-forth (1/4) undivided interest; Alice S. Haggerty died restate on January 5, 1993 and devised her interest in the subject property to John S. Haggerty and Edward D, Haggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13,2004 in Instrument No. 04000543,all among the land records of Frederick County, Virginia. (AS TO PARCEL 3) AND BEING the same property conveyed to Alice S. Haggerty, John H.Haggerty and Edward D,Haggerty,as tenants in common, each as to a one-third (1/3) undivided interest, by Deed dated October 3, 1979,recorded October 3, 1979 in Deed Book 514,at page 601, Alice S. Haggerty died testate on January 5,1993 and devised her interest in the subject property to John S.Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S.Haggerty,Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003,recorded January 13,2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCEL 4) Grantors do hereby reserve unto themselves and their successors in interest an ingresslegress easement across the said property hereby conveyed("Property")serving all of that remaining property in Clarke County, ownership of which is being retained by the Grantors. Such easement shall be an easement in gross across the Property until such time as a specific access is provided by the Grantee, as set forth herein,below. Such easement shall be sufficient to allow for vehicular access to the property in Clarke County retained by Grantors from any 2 C:) Cq CIO public street serving the Property,provided,however,that the inability of the Grantors to obtain permission to cross Opequon Creek shall in no way affect the conveyance made herein. In the event that Grantee develops the Property, Grantee shall provide public access easement over the Property from the property retained by Grantor in Clarke County,Virginia,to the street network, as the network may be approved by the appropriate governmental authority, and then over said streets to a public street or road serving the Property. If possible,such access shall not be located within any floodplain associated with Opequon Creek or within any wetland that may be subject to state or federal regulation. The exact location of such connection shall be mutually agreeable to both Grantors and Grantee,or their successors in title,and neither party's consent thereto will be unreasonably withheld,conditioned or delayed. In no event shall Grantee be required to construct any crossing of Opequon Creek or any public improvements on the Property in Clarke County retained by the Grantors. The Grantors shall bear the cost of constructing any access road over the easement hereby granted up to the point where it joins the street network of the Grantee mentioned herein. The reservations set forth above shall be construed as covenants running with the land, and shall continue in force and effect until access satisfying the conditions set forth above have been fully and completely satisfied. Upon full and complete satisfaction of the conditions set forth herein, Grantor or its successors in title shall execute such documents as are necessary to evidence the satisfaction of the covenants set forth herein. The above-described Property is conveyed subject to all rights of ways, easements and restrictions of record that legally affect the title to said Property. The Grantors covenant that it has the right to convey the property described herein and that the Grantors will execute such further assurances of the said land as may be requisite. 3 C:) c-n CO Witness the following signatures and se Commonwealth of;lifoai f*$4SS4eA-'!WtYS Countylc-ity-of P%1 d 14,s*,v -.,,to-wit: The foregoing Deed was acknowledged before me in my aforesaid jurisdiction by Edw Haggerty,Grantor,this.?.,7'llay ofV 2004. My Commission expires: ............. Notary Public 5drrtP John S.Hagglip,IiIII11iohn S. Haggerty Revocable Trust and in his individual capacity Commonwealth of is f'IA%5SAChwSe#5 County/Elitiyof to-wit: The foregoing Deed was acknowledged before me in my aforesaid jurisdiction by John S. Haggerty as Trustee of the John S. Haggerty Revocable Trust and in his individual capaci Grantor,this a 7t*&v of V 1 2004. & My Commission expires: It/')/ Notary P'2uAbIicLq.vo-*o-o"�e* 'S v. CRY P is 4 C:) EXHIBIT"A" ry PARCEL 1: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereunto belonging,containing 111.505 acres,more or less, lying and being situate in Redbud(formerly Shawnee)Magisterial District,Frederick County,Virginia and being more particularly described on that certain plat and survey made by Thomas A. Shockey, L.S., dated October 20, 1978 and recorded in the Office of the Circuit Court of Frederick County, Virginia,in Deed Book 505 at Page 280. LESS AND EXCEPT that 5.000 acres,more or less as shown on plat attached to confirmation of plat and survey recorded in Deed Book 754, at page 1101, among the land records of Frederick County,Virginia. PARCEL 2:All that certain tract or parcel of land, together with the improvements thereon and appurtenance thereunto belonging, containing 5.000 acres, more or less as shown on plat attached to Confirmation of Plat and Survey recorded in Deed Book 754, at page 1101, among the land records of Frederick County,Virginia. PARCEL 3: All of that certain lot of parcel of land,together with the improvements thereon and the appurtenances thereunto belonging, containing 1,813 square feet, more or less, lying and being situate in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia, and more particularly described as Parcel"B"on that certain plat of survey drawn by Thomas A. Shockey,C.L.C.,dated January 11, 1979,and recorded in the Office of the Clerk of that Circuit Court of Frederick County,Virginia,in Deed Book 506 at page 376, PARCEL 4: All of that certain lot or parcel of land, together with all rights, rights of way, privileges,improvements thereon and appurtenances thereunto belonging, lying and being situate on the eastern side of Route 820 in Redbud(formerly Shawnee)Magisterial District, Frederick County, Virginia containing 1,974 square feet,, as shown on the plat and survey of Thomas A. Shockey,C.L.S., dated October 1, 1979, and recorded in the Office of the Clerk of the Circuit Court of Frederick County,Virginia in Deed Book 514,at page 601, VIRGINIA--FREDERICK CO(INTy"S(,T JA47\4796�MSpedat Warranty Deed.doc This instrument W Wiling W&,z pr('ju�'-ed to me on 0`fl VX :it—�L� arid with was aill"i t toil to "'YQO—OC7,a"Ll SIR-l-807 have heed laud,it assessable AW ,Clerk 5 CD 060006110 1:7- 1: Cry THIS DEED, made and dated as of the day of March, 2006, by and between GOLDIE'S LC, a Virginia limited liability company, party of the first part, hereinafter referred to as Grantor, and THE CANYON, LC, a Virginia limited liability company, party of the second part, hereinafter referred to as Grantee. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid the Grantor by the Grantee on or before the delivery of this Deed, the receipt and sufficiency of all of which are hereby acknowledged, the Grantor does hereby grant and convey with Special Warranty of Title unto the Grantee, in fee simple, the following described real estate, together ty with all rights of way, privileges and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: All of that certain tract or parcel of land, containing 71- 1/2 acres, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate about five miles East of Winchester, in Red Bud District, (formerly Shawnee District) , Frederick County, Virginia, and more particularly set forth on the attached Schedule A. Q1 This is the same property conveyed to the Grantor herein by Deed dated May 23, 2000 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 966, at Page 1166. TAX MAP NO. : 55-A-210 WITNESS the following signature and seal: GOLDIES, LC, a V, inia sited liability company BY (SEAL) er STATE OF VIRGINIA, At-Large CITY OF WINCHESTER, To-wit: The foregoing document was acknowle ged before me in the jurisdiction aforesaid this 44 day of 2006, by VARY E. ADAMS, Manager of GOLDIES, LC, a Virginia limited liability company, on behalf of such company. My Commk 47 >t qjsiqD expires Zo"/ L� ioX40 j_Mommm,Ems, NOT G.1die,60-d wA .TTCRNEYS AT LAW zz3auno,VtRQ1"1A RETURN TO: mcma:�Tcm, • COMMONWEALTH LAND TITLE 10513 JUDICAL DRIVE FAIRFAX,VA. 22030 SCHEDULE A Description of CD Goldie Tract Property of -_j Goldies,LC Deed Book 966 Page 1166 (Instr.No.000005388) Red Bud District Frederick County,Virginia Being all of the property acquired by Goldies,LC,as recorded in Deed Book 966 Page 1166(Instrument Number 000005398)among the Land Records of the Clerk of the Circuit Court of Frederick County,Virginia and being more particularly described as follows Beginning at a point marking the oentaline of Eddy's Lane,State Route 820(40'right- of-way)and said point intersecting with the property of The Canyon,LC(Inst No. 040014715);thence running with said property of The Canyon L,C,the following five(5) course and distances 1.) South 40115'33"East, 13.09 feet to a point;thence 2.) South 29'20'58"East,90.15 feet to a stone found(held);thence 3.) South 14*12'27"West,725.09 feet to a stone found(held);;thence 4.) North 77-1947"West,251.34 feet to a point;thence 5.) South 27'54'43"West,800,25 feet to a point,said point lying on the northerly property line of Toll VA IV,LP(Inst-No.040015217);thence departing the property of The Canyon LC and running with said property line of Toll VA IV,LP and running with said northerly line of Toll VA W,LP the following course and distance 6.) North 71'18'28"West,2034.94 feet to an iron rod found(held)[passing an iron post found at 28.79 feet(held for line)],said point being on the easterly property line of Eastern Frederick Development Co.(DB.652 Pg 478);thence departing the property of Toll VA IV,LP and running with said property line of Eastern Frederick Development Co.the following course and distance 7.) North 19-26'03"East, 1067.74 feet to a stone found(held);,said point being on the southerly property line of Matthew C.and Katherine A McHale(DB. 959,Pg. 1851);thence departing the property of Eastern Frederick Development Co.and running with said line of the McHale Property the following course and distance CD 8.) South 89*29'53"East,8.73 feet to an iron rod found(held),said point being the southwesterly most comer of the property of Valley Mill Farm L.CL (lot-No.010001352);thence departing the property of Matthew C.and Katherine M.McHale and continuing with said property of Valley Mill Farm L.CL the following two(2)courses and distances 9.) South 86-21'01PEast,436.83 feet to an iron rod found(held);thence 10.) South 86'42'52"East,1315.28 feet to an iron and found(held),said point being the southwesterly most corner of the property of Alicia F.Grey(DB 858,Pg.693);thence departing the property of Valley NEI]Farm L.CL and continuing with said property line of Alicia F.Grey the following two(2) courses and distances 11) South 8634'29"East,356.02 feet to a point;thence 12.) South 65"58'54"East,223.68 feet to the point of beginning,containing 3,055,552 square feet or 70.14581 acres of land, VIRGINIA:FREDERICK COUNTY,SCT. chis instrument of writing was produced to me on and with certificate of acknowledgement thereto annexed was admitted to reA-Axd.T imposed by See,58.1-802 of and 58.1-801 have been paid,if assessable Clerk >w w NO E s VICINITY MAP SCALE: 1" = 2,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATO DATE OVMNER'S CONSENT. (AS TO PIN 55-A-212) THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT ON AND THROUGH THE PROPERTY OF THE CANYON, LC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDA E WITH THE SIRES OF THE UNDRS, PROPRIETORS AND TRUSTEES, IF ANY. PY D TE , IIJG�',,+++1.,,,,.,,,, PRINTED NAME & TITLE +. RA,ti1.y'",, NOTARY.PUBLIC STATE OF i�Cdl/1 CITY/COUNTY OF ��{'�" = �'�•o •' E FOREGOING 14SUYENT WAS ACKNOWLEDGED BEFORE ME ON PATE) ��, MY COMMISSION EXPIRES 1I4K 'Y (NOT BL ) 314 (DATE ++ OWNER'S CONSENT: (AS TO PINS 55-4-1, 56—A-18 & 56—A-18) THE ABOVE AND FOREGOING RESERVATION OF EASEMENT AND BOUNDARY LINE ADJUSTMENT ON AND THROUGH THE PROPERTIES OF FREDERICK—WINCHESTER SERVICE AUTHORITY, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE NTH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. uTuun D -"T- o7 �14DALF DATE " a y. PRINTED NAME & TITLE 4.Rf :0 •: NOTARY P BUC 4� STATE OF C4.t1 1 C. THE F REGOING INSTRUV,94T WAS ACKNOWLEp � t BY DATE) + - BOUNDARY LINE ADJUSTMENT (NOTARY PUBLIC) AND EASEMENT PLAT t�yy MY COMMISSION EXPIRES `" F c -dn I r) BETWEEN (DATE) FREDERICK—WINCHESTER g,LTH o� SERVICE ADUTHORITY �' THE CANYON, LC O� { RED BUD MAGISTERIAL DISTRICT FRED RICK COUNTY, VIRGINIA SCALE: N A DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2046 C0RY M. HAYNES > REsS : stGUSTs' 007 UG. No. 259 Patton Harris Rust Engineers. Surveyors. Planners, Landscape Architects m 8 j2a�o7 117 East Piccadilly Street r, Winchester, Virginia 22601 ° T 540.667.2139 h PHR+A 2087 F 540.665.0493 SHEET i OF 6 N NEW FREDERICK WINCHESTER SERVICE AUTHORITY �C {NEWT 55—A rs� C� pi 56—A W%A .5:Y-A-164 k EDERICK-WINCHESTER _p SERVICE AUTHORITY N co P� V NCpR� 6-1—(OLD) PROPERTY s q s—r—s LINES HEREBY VACATED 55—A-210 1. *.,� ' OFI�N6 I-4 a ''�✓ AREA TABULATION: TOTAL AREA OF (PROPOSED) ROW = 120,614 SFf2,7689 AC (SEE NOTE A) �S :::. :.;'.:•:.:a iry ...... ':::•:.. TOTAL AREA OF BLA = b �:: 241,228 SFf5.5378 AC (SEE NOTE 8) 6-A-S9 NOTE A: AREA OF LAND MAKING UP THE 55-A-209 :• .. :.: RIGHT-OF-WAY WHICH IS CONTAINED WITHIN PIN gr�A 55-4-1, 56-A-18 AND 56-A-19, PROPERTY OF THS THE FREDERICK-WINCHESTER SERVICE AUTHORITY, TOTALING 2.7689 ACRES, IS TO BE CONVEYED TO Cr1F1;1( I!X ::::L{`;:•::;:,: THE CANYON, LC AND TO BE ADDED TO PIN 55M-2-9-14911 55—A-212. NOTE B. AREA OF LAND WHICH IS CONTAINED WITHIN PIN 55—A-212, PROPERTY OF THE CANYON, LC AND TOTALING 5.5378 ACRES, IS TO BE CONVEYED TO THE FREDERICK—WINCHESTER SERVICE AUTHORITY B5--A-1'95 ":`::::•;:::: AND ADDED TO PIN 56—A-19, OVERALL MAP SCALE: 1" = 1000' FOR GIS PURPOSES: AD} PIN 55-4-1 - 7.82 AC W) PIN 55-4-1A 7.3930 AC OLD PIN 55—A-212 = 106.4811 AC* NOTES: NEW) PIN 55—A-212B = 103.8311 AC* 1. FREDERICK COUNTY PINS: 55—A-212, 55-4-1, 56—A-18 (OLD) PIN 56—A-18 = 23.48 AC & 56—A-19, ZONED: RA (FWSA) & RP (THE CANYON, LC). (NEW) PIN 58—A-18A = 59,1261 AC 2. THE PURPOSE OF THIS PLAT IS TO ADJUST THE (OLD) PIN 56-A-19 = 56.52 AC BOUNDARY LINES IN SUCH A WAY AS TO CONVEY 2.7689 (NEW) PIN 56-A-19A = 24.069$ AC ACRES TO THE CANYON, LC FOR PURPOSES OF FUTURE UNLESS OTHERWISE NOTED THUS *, ALL OLD DEDICATION OF RIGHT-OF-WAY FOR HAGGERTY BLVD, AND AREAS ARE BASED ON RECORD INFORMATION 5.5378 ACRES TO FREDERICK-WINCHESTER SERVICE HEREIN REFERENCED, NOT A FIELD RUN SURVEY. AUTHORITY IN EXCHANGE. 3. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. *BASED ON A CURRENT FIELD RUN SURVEY, 4. BASIS OF MERIDIAN SHOWN HEREIN IS A FIELD RUN GPS �Q,.TH O,F. SURVEY WHICH TIES THIS PROJECT TO NAD 83, VIRGINIA jr STATE PLANE (NORTH ZONE) DATUM. tJ�` fG� 5. PERMANENT MONUMENTATION WILL BE SET AT ALL " PROPERTY CORNERS IN COMPLIANCE WITH COMMONWEALTH U CORY M. HAYNES :P OF VIRGINIA AND FREDERICK COUNTY REGULATIONS, Uc. No. 2539 6. ADJOINING PROPERTY INFORMATION SHOWN HEREIN (SEE $l 167 SHEET 3) IS DERIVED FROM INFORMATION OBTAINED FROM t THE FREDERICK COUNTY MAPPING SERVICE (INTERNET WEBSITE gis.co.frederick.va.us) AUGUST, 2007. `�1J 7. VARIABLE WIDTH SLOPE & DRAINAGE EASEMENT IS BOUNDARY LINE ADJUSTMENT HEREBY RESERVED FOR DEDICATION TO VDOT AT SUCH TIME AND EASEMENT PLAT AS RIGHT OF WAY FOR PUBLIC STREET PURPOSES IS BETWEEN DEDICATED FOR HAGGERTY BLVD. FREDERICK—WINCHESTER SURVEYOR'S CERTIFICATION: SERVICE AUTHORITY I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR THE CANYON, LC IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY TO RED BUD MAGISTERIAL DISTRICT THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE FREDERICK COUNTY, VIRGINIAPROPERTIES gppg ADJUSTMENT ARE CONTAINED S1AME PROPERTIESDEDICATION CONVEYED TO SCALE: 1"=1000' REVAf;E:`AUGU�T24; 2006 THE CANYON, LC BY DEED RECORDED AS INSTRUMENT REVISED: AUGUST 20, 2Q07 ;x€040014715 [55—A-212) AND TO Patton Harris Rust $ Associates FREDERICK—WINCHESTER SERVICE AUTHORITY BY DEEDS Engineers, Surveyors, Planners. Landscape Architects. T DRECORDED A5 DEED BOOK 600, PAGE 691 [55-4-1] AND PkRA 1i7 East Piccadilly Street DEED BOOK 564, PAGE TH LAND 18 & Winchester, Virginia 22601 56-A-19); ALL AMONG THE LAND T 540.667.2139 RECORDS OF FREDERICK COUNTY, VIRGINIA, JL JL F 540.665.0493%M 2 OF 6 N CURVE TABLE ADJOINERS: CURVE RADIUS DELTA LENGTH TANGENT I BEARING CHORD C1 - _2839.79' 7*21'22* 364,60' 182.55' S73'55'50'E 364.35' FREDERICK TY PINS; C2 2839.79' 7 * XQ.78' 175.61- S67-29-05-E 3.50.!56- 4F110 'OV32 4 C3 593.00' 33*2325' 345.58' 177.85' N19'47'30"E 340.71' NVF BAYLIS - -W 337.80' INVESTMENTS, LLC C4 5 13-,0 0' -36'56'59 343-73' 178.08 S21-34".8 DB 806, PG 136 C5 407.79' 17'48`34" 126.76' 63.89' S48'57'04"W 126.25' ZONED-. RA C6 527.00' 6'30'07' 59.80, 29.93' S61'06' 5'W 59.77' USE: RESIDENTIAL C7 599.00' 38W'00' 397.27' 206.25' _a4 1' "W 390.03' 55-A-164 C8 2814.79' 3*40'50* 1_ 99.44' _109.79' N�rGLADDIE R_ CARTER C9 527.00' 38-00'00* 349.52' 181.46' N45'21'28'E W.15* D 4 45, PC 833 C10 59%00' 6-30-07- 67.97' 4.OZ N61 "E67.94' ZONED: RA USE: RESIDENTIAL C11 473.80' 17'48'34' 147,27' 74.23' N48' 7'04"E 146.68' C12 593,00' 36*56-59- 382.9L_ 198.13- Nj 6-E 375.83- 55-A-209 C13 533.00' 17'38'41" 116414* 82.73! N1V55'09-g 163.49' N/ST TOLL VA IV, LP I ST 1..040015217 C14 641.75' 2`57'50" 3 .20' 16,60, N31 6'15'E 33.19' NS RP C15 139.16' 13-30!15- 32,80- , 1§,48' N37VZ'5 -E.... 32.7Z USE: OPEN SPACE C16 1378.30' 2'41'58' 64.9,V 32.40 $44*24*39"W 64.93' 55-A-210 C17 863.84! 7*54*58" 119.35' 59.77' N49'19*01"E 119.26* N C 8 458.36' 6*29'29" 51.93' 25.99' S54'48'25*W 51.90' INSTTHE CANYON, LC 1 ST #060006113 C199 3'4a* , 34.4-V 17,26' N58-14'21"E 34.40' ZONE13; RA USE: VACANT C20 11137,0,' 5*6'04" 101.29' 50.68' S58*29*13'W 101,26' C21 620.67' 11'4 '4 " 128,15' ..__fi4.3f S52-37-48-W 127.93' 55-A-211 C22 592,21' 3'22'42' 34.92' 17,46' N481)0'47E 34.91' N/F TOLL VA IV, LP C23 131.63' 17'02'44* 39.16' INST 0#,040015217 C24 _I 9.7.3' N551 e23*E 39.02' . F ZONE . RA 297,24' 12*57'58* 67.26' 33.78' S59'11'57"W 67.12' USE: RESIDENTIAL C25 401.70' 19'01'25* 13.3.37' 6741' S39-42'45-W 1 .76' 55-A-212A C26 448.14' 18'31'06' 144.84' 73.06'-. 525'25'06"W 144.21' N/F THE CANYON, LC C27 2363.39' 2' 3'33" 84.91' 42,48' 516.45"5"W 84.94' INST P40014715 C28 727.52' 3'31'47* 44.82' 22.42' N1524' 'E. 44.811' ZONE RP C29 158.49' 9*30*44" 26.31' 13.19' S14*11*04"W 26.28' USE: VACANT C30 1027.11' 1406'42* 252.97' 127.13' SOI'56'31'W 252,33! 55-3-B. C & D C31 351.50' 2V2*51" 138.33' 70.07' N07*36'18'E 137.43' NIF LUWANNA S. CARTER C32 2630.00' 2*06'2,3* 96.69' 48,35' S17*1_3'_1Q*W 96.68' INST #020000231 C33 319.50' 5'51*39* 32,68' 16.35' N1§'15'45-E 3167' D. ZONE RA USE: RESIDENTIAL C34 669..04' 9-16-59- 108,410' NMVWE 108,28' 55-3-E C35 1133.02' 249'4r 55.94! 27.98' N27*1.3'02"E 55.94' N/F ROGER W. CARTER C36 700,109' 7'OV31 9&88' 48.00' N34*39'50*E 95.82' DB 303, PG 345 C37 22§,&]1' 8'47'1 e 34.70' 17.38' S36'40'44"W 34,66' ZONED: RA C38 341L54' 3300'07* 201.3e 103,55' N51*56*32*E 198.56' USE: RESIDENTIAL C39 1594.62' 4'06'01" 114.1 ' .--._�7.08' N6 '04'20"E 114.09' 55-4-11A C40 705.21' _7700'48* 86.32' 43.22' .-N7455'23"E 6.2 N/F RICHARD S. & C41 515.78' 7'11'05* 64.68' 32.313' S76'22'52"W 64.63' MARY E. DIMMEL C42 37.90' 14*58'33" 9.91' 4.98' S6859'30"W 9.88! INST Df60012622 ZONE RA C43 237.71' 19*07'10* 79.32' 40,03' S52' 6'16"W 78.96' USE: RESIDENTIAL C44 1765.08' 2'59'12* 92,01' 46.02' _N44M2§E. 55-4-2 C45 432.66' 17'5r53" 135.66' 68.39' S32'15'37"W 135.10' N/F INVESTORS AT, ULC 04,6.1 531.55' 3119'13" 30.80' 15.41' N25*31'48*E X80' INST F50006592 C47 199.41' 17*32'10" 61.03' 30.76' S19*17'5a"W 60.79' ZONE RA C48 168,37' 14*22'51* 42.26'_ 21.24' S02*20`46*W 42.15' USE; RESIDENTIAL C49 1775.04' 4*52*30" 1 75.56' NO3 3*52'E 150,99' 55-4-3 C50 236,25' 8"30'29" 3 08' 17,57' NO8*43'20"E 35.05' N/F MICHAEL EDWARD C51 393.65' 9-34*41" 65.81, 32.98' S08-32'07-)y 65.73' MCKEE - INST #030024787 C52 485.41' 9*18'58" 7&U' 39.55' SOG'2337"W 78.84! ZONE D� C53 487.QV 11'40'10* 99.20' RA !j2,77' SO4*05'32*W 99�03' USE: RESIDENTIAL C54 169.42' 29*17*06* 86.59' 44.26' S24*04' 2!.W__85.65' 55M-2-9-149D C55 5278.89' 11 Q'39' 120.78' 60.39' S40'23'55*W 120.7V, N/F TOLL VA IV, LP C56 80247,12' 0*03'38" 84.70' 42.35' S3546'37*W 84J0' INST #050022857 C57 1191' 42*08'00" 9.49' 4.97' S46*33'20"E ZONED: RP C58 1940.51' 1 0*52'06" ' 14.70' - 29.40 USE: OPEN SPACE - . S67'46'5aF 29,40' C59 160-43' 11*24'41' ILUX _574*56'WE 31.90' 65-A-195 C60 828.62' 4'44' 1" 6866, 34.9 S 1*32*43*E 68.64' N(F USA ANN & C61 446.55' X35'29" 27,99' - M LDRED L. RIGGLEMAN -14,00' S84*45'58*E ]7. q INST D#.010000231 C62 241.05' 20*52'41* 67,84' 44.41' '1 "W ZONE RA C83 USE: RESIDENTIAL 64,V- I T57'49! 14,62' 724' N5r43'46"W 14_5Q' E-ft COUNTY PIN N/F EDWARD D. BOUNDARY LINE ADJUSTMENT HAGGERTY AND EASEMENT PLAT DID 413, PG 914 USE: VACANT FRED E R I CV'WINCHESTER' 6-1-1, 2, 3 & 4 SERVICE AYTHORITY KEYSTONE ESTATES op D8 91, PC 83 THE CANYON, LC USE: RESIDENTIAL pati G RED BUD MAGISTERIAL DISTRICT G' FREDERICK COUNTY, VIRGINIA A SCALE: N/A DATE: APRIL 27, 2006 CJ CORY M. HAS REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Uc. No. 2539 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 Eost Piccadilly Street V NOTE. SEE UNE TABLE Winchester, Virginia 22601 ON SHEET 5. PHRA T 540,667.2139 X X r RAn&r r,,NiO'k wm x nr r G c� `NArCH LINE — EE SHEET 5 Lj o PORTION OF (OLD) PRPETY LINE z P-0 C50 HEROEBYR VACATED `<ci :n'--LSI 0 u�o U) O}m 60, EASEMENT RESERVATION (NEW) 56-A-18A r� , (SEE NOTE 7) 59.1261 AC Z �7 EASEMENT — RESERVATION / (SEE NOTE 7) * ! (OLD) 56—A-19 IV ! � FREDERICK---WINCHESTER c SERVICE AUTHORITY _j� # v DB 564, PG 414 ty h N 40 ?�ys't� PORTION OF (OLD) a� ,0 -Z\ V, PROPERTY LINE �o p.K / �c� HEREBY VACATED d (NEW) PROPERTY LINES HEREBY CREATED w z .rwQ U (NEW) PROPERTY 4QJ; LINES HEREBY Cr i--m a W CREATED �2 v N zz (NEW) 55—A-212B 61- Stp. 103.8311 AC �Sy, (OLD) 55-A-212 •' S1255��3 THE CANYON, LC iNST #040014715 opfoupN �s -9 EDWARD D. HAGGERTY 04 D8 413, PC 914 (CLARKE COUNTY) BOUNDARY LINE ADJUSTMENT H pay, �' AND EASEMENT PLAT Qom' , FREDERICK—WINCHESTER ..�., SERVICE AUTHORITY CORY M. HAYNES REDTg 0 MACANYON, NYON,ISTERIAL OISTRiCT NOTE; SEE CURVE TABLE LIC. N0. 2539 FREDERICK COUNTY, VIRGINIA TA SHEET 3 AND LINE � �� SCALE: 1°=100' DATE: APRIL 27, 2006 TABLE ON SHEET 5. REVISED: AUGUST 4 2006 ;r REVISED: AUGUST 20, 2007 L fl4 Patton Harris Rust & Associates GRAPHIC SCALE Engineers. Surveyors. Planners. Landscape Architects. 100 0 50 10D i ! 117 East Piccadilly Street (NEW) + Winchester, Virginia 22601 IN FEET PROPERTY LINES T 540.667.2139 1 inch = 100 it. HEREBY CREATED F 540,665.0493 9ET 4 OF 6 N° alatta.e �nn� (OLD) 56—A-19 CI-i FREDERICK—WINCHESTER SERVICE AUTHORITY 27. DB 564, PG 414 01 (NEW) 56—A-19A 24.0698 AC EASEMENT 0 RESERVATION (SEE NOTE 7) 0 '--11�42C41 �. k 4) tit; ks) EASEMENT RESERVATION (SEE NOTE 7) 70 ILIA. try )3 \x- ` (NEW) 56—A-18A �G- 59.1261 AC VIA ar7,v, /�cr --9,,o (OLD) 56—A-19 60. ?tiFREDERICK—WINCHESTER SERVICE AUTHORITY DB 564, PG 414 QO PA S' / / C.) LINE TABLE LINE BEARING LENGTH Ll N36-29'13-E 43.67' L3 NO3'05'48*E 321.83' L4 S03'05'48"W 321-83' L5 508*4a*39*w 58.13, L6 302'09'23"E 58.67' (NEW) PROPERTY L7 I S1248'19*W 41.03' LINES HEREBY CREATED L8 I N49'02'47"E 38.29' L9 S57'51*21"W 38.29' L10 564-21'28*W 202.78' 1-11 N64"21"28"E 202.78' T""0# L12 S87al2*"*W 64,59' T H H po� L13 -s7s,52'35"w 48.43' BOUNDARY LINE ADJUSTMENT L14 S26'21'2WW 76.93' AND EASEMENT PLAT L15 N26 1'28"E 64.93' BETWEEN L16 N3437'30-W 44.09' CJ CORY M HAYNES :P- FREDERICK-WINCHESTER S51*37'27"E 29.09' Uc. No'. 2539 SERVICE AUTHORITY L18 --566:08'43"E ---41.68' —I AND L19 N70'14'16"W 15.97' THE CANYON, LC L20 N66*4,5'1,9"W gQ0.36' RED BUD MAGISTERIAL DISTRICT L21 N61*39'50*W 50.57' ' FREDERICK COUNTY, VIRGINIA L—L22 I S23-49'52"E 1 139-93' SCALE: 1"- 100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 NOTE; LINE L2 WAS REVISED: AUGUST 20, 2007 OMITTED INTENTIONALLY. Patton Harris Rust & Associates 100 GRAPHIC SCAM Engineers. Surveyors. Planners. Landscape Architects. 'L' 50 '00 NOTE: SEE CURVE 117 East Piccadilly Street b' TABLE ON SHEET 3. + Winchester, Virginia 22601 F"RA IN FEET } T 540.667,2139 Iinch - 100 ft. -jL JL F 540.665.0493 SHEET 5 or 6 PHR*7 2007 g3 2oN� 0 • JtR J o �;zo cf� (OLD) 56--A-19 FREDERICK—WINCHESTER SERVICE AUTHORITY rip,, w ' DB 564, PC 414 Ito z v , co U0 C57 10 7-r,Ir, _y i 0 �I `n w°- 10 (NEW) 56-A-19A l w a /. 24.0698 AC � � 0 -j � coLq IM z OD EASEMENT g� f C RESERVATION �O l9 (SEE NOTEAll C%j 7) � S6 03 � C1 77 cis * �� R "+} *05 tl ti r�rn (OLD) 56-A-19z P FREDERICK-WINCHESTER C37 to SERVICE AUTHORITY C36 � DB 564, PC 414 EASEMENT --...�C g , 34 RESERVATION (SEE NOTE 7) N NNS (OLD PROPERTY LINES HEREBY VACATED +U? �`' {NEW) 56—A-18A 59.1261 AC res (OLD) 56—A-18 kp% FREDERICK—WINCHESTER 16 kw U\ N Li SERVICE AUTHORITY CIQ WCL DB 564, PC 414 . 14L �LAJ v- 'o co�5 cn cyq j,Q`L"rH 0 56-A-18A , (nom , �G? BOUNDARY LINE ADJUSTMENT civ=! AND EASEMENT PLAT ` b CORY M. HAYNES :" BETWEEN PROPERTY q0i;! Uc. No. 2539 FREDERICK—WINCHESTER LINE HEREBY u) ;��o"" Fl o SERVICE AUTHORITY VACATED j rpt- AND REDTHE BUDD MAAGIS�TERIIALL'DISTRRiCT FREDERICK COUNTY, VIRGINIA DETAIL SCALE: 1"=100' DATE: APRIL 27, 2006 SCALE: 1"=10' * = (NEW) REVISED: AUGUST 4, 2006 PROPERTY LINES REVISED: AUGUST 20, 2007 0 GRAPHIC SCALE HEREBY CREATED Patton Harris Rust B Associates m 400 a 56 t00 Engineers. Surveyors, Planners. Landscape Architects, OVA NOTE: SEE CURVE 117 East PiccadillyStreei �� _ I TABLE ON SHEET 3 + Winchester, Virginia 22601 ( IN FEET } AND LINE TABLE ON T 540.667.2139 1 inch = 100 ft. SHEET 5. F 540.665.0493 SM 6 of 6 H PHR+A 20n7