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HomeMy WebLinkAbout067-26 (AbramsCreekTrail-DedicationOfOpenSpaceEasement) RESOLUTION DEDICATING AN OPEN SPACE EASEMENT TO THE VIRGINIA OUTDOORS FOUNDATION'S OPEN-SPACE LANDS PRESERVATION TRUST AT THE ABRAMS CREEK TRAIL PARKING AND TRAILHEAD LOCATION WHEREAS, pursuant to Chapter 18, Title 10.1, Section 10.1-1801.1 the Virginia Outdoors Foundation (VOF)has provided an Open-Space Lands Preservation Trust Fund Grant in the amount of Two Hundred Six Thousand Six Hundred Eighty-Eight Dollars ($206,688.00) to the County of Frederick for the land protection and necessary infrastructure to provide public access and promote public safety as set forth in the Virginia Outdoors Foundation Open-Space Lands Preservation Trust Fund Grant Agreement; and WHEREAS, in accordance with the grant agreement, the Property is to be retained and used by the County of Frederick in perpetuity as open-space land pursuant to Chapter 17,Title 10.1, Section 10.1- 1701 of the Code of Virginia(1950),as amended,and to provide a permanent public access easement; and WHEREAS, Chapter 461 of the Acts of 1966, codified in Chapter 17, Title 10.1, Sections 10.1-1700 through 10.1-1705 of the Code of Virginia, as amended (the "Open-Space Land Act"), declares that the preservation of open-space land serves a public purpose by curbing urban sprawl, preventing the spread of urban blight and deterioration and encouraging more economic and desirable urban development, helping provide or preserve necessary park,recreational,historic and scenic areas, and conserving land and other natural resources, and authorizes the acquisition of interests in real property, including easements in gross, as a means of preserving open-space land; and WHEREAS, pursuant to Sections 10.1-1700 and 10.1-1703 of the Open-Space Land Act, the purposes of this deed include helping provide necessary park, recreational, and scenic area resources of the property,and the limitation on,division,residential construction and commercial and industrial uses contained in this deed ensures that the Property will remain perpetually available for recreation or open-space use, all as more particularly set forth below; and WHEREAS, Chapter 525 of the Acts of 1966, Chapter 18, Title 10.1, Sections 10.1-1800 through 10.1-1804 of the Code of Virginia, declares it to be the public policy of the Commonwealth to encourage preservation of open-space land and authorizes the Virginia Outdoors Foundation to hold real property or any estate or interest therein for the purpose of preserving the natural, scenic,historic, scientific, open-space and recreational lands of the Commonwealth; and WHEREAS, as required under Section 10.1-1701 of the Open-Space Land Act, the use of the Property for open-space and recreational purposes conforms to the County of Frederick's Comprehensive Plan adopted on November 10, 2021 (the"Comprehensive Plan") as the Comprehensive Plan calls for the completion of a linear recreation path encompassing the Senseny Road, Abrams Creek, and Channing Drive areas. NOW, THEREFORE, the County of Frederick does hereby dedicate the following described Property in Frederick County, Virginia, as open-space land pursuant to Chapter 17, Title 10.1, Section 10.1-1701 of the Code of Virginia(1950), as amended, to-wit: No. 067-26 Tax Parcel 54C-10-A-8 BEING Lot 8, Block "A" on plat and survey of Rolling Fields Subdivision prepared by Richard U. Goode dated January 31 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 270 at Page 188 "Beginning at a point in the northwesterly right of way line of Meade Drive at the southeasterly corner of the area reserved for recreation and drainage; thence with the northerly line of the area reserved for recreation and drainage,N 48' 10' W-120.0 feet to a point in Abrams Creek; thence with Abrams Creek N 29'5 F E -168.7 feet to a point at the northwesterly corner of Lot 1 of Rolling Fields, Block `B"; thence with the southerly line of lot 1, Rolling Fields, Block`B", S 48' 10'E-155.0 feet to a point in the northwesterly right of way line of Meade Drive; thence with the northwesterly right of way line of Meade Drive, S 41°50'E-165.0 feet to the point of the beginning." Containing...... 22,687 square feet AND BEING a portion of the same property conveyed to the GRANTOR herein by Deed of Gift dated March 8, 2019, recorded on May 23,2019, in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 190004847. Adhering to the terms of the VOF grant, it is the County of Frederick's intent to do the following on the Property: 1. To keep the Property as a single undivided parcel. 2. To allow a permanent right of public access on the Property on a regular basis. 3. To include an asphalt entrance and parking to provide public access for the Abrams Creek Trail. 4. To allow only those structures that support public vise of the Property. 5. To limit total impervious surface on the Property, including both existing and additional improvements, to no more than fifty percent(50%). Passed this 25th, day of February 2026 by the following recorded vote: John F. Jewell, Chairman Aye Jason C. Aikens Aye Albert L. Orndorff Aye Robert W. Wells Aye Michael D. Guevremont Aye Robert T. Liero Aye Gary R. Oates Aye A COPY ATTEST Michael Bollhoefer i ~ Frederick County Adm*yriistrator l No. 067-26 I Q "� COUNTY of FREDERICK Parks and Recreation Department 540/665-5678 Fax: 540/665-9687 E-mail: fcprd@fcva.us www.fcprd.net MEMO To: Frederick County Board of Supervisors From: Jon Turkel,Assistant Director Subject: Virginia Outdoors Foundation, Open-Space Lands Preservation Trust Easement Date: February 10,2026 The Parks and Recreation Department is requesting the approval of an easement to the Virginia Outdoors Foundation Open Space Lands Preservation Trust(VOF)on a 1 acre,county owned, parcel in the Redbud District. This parcel is to serve as a trailhead and parking area for the Abrams Creek Trail. The purpose of the VOF easement is to ensure public access to the parcel and is a condition of receiving grant funds awarded to Frederick County by the VOF. In FY24 Parks and Recreation applied for and received a grant in the amount of$206,688 from VOF for the purpose of supporting the construction of a trailhead and trailhead parking for the Abrams Creek Trail. As this project is now nearing advertisement and construction phase, finalizing the easement will allow Frederick County to access the grant funds. The conditions of this easement are consistent with the intended use of the property as an access point for the Abrams Creek Trail. The purpose of the public hearing is to receive comments on the County's dedication of an open space easement to the VOFs' Open-Space Lands Preservation Trust on the 1.0 acre parcel upon which the Abrams Creek Trail parking and trailhead will be located (PIN: 54C-10-A-8). Attachment 1 shows a map with the parcel location. 107 North Kent Street • Winchester, Virginia 22601 ATTACHMENT 1 Parcel 54C-10-A-B, 1.0 Acre Located on Meade Drive near the intersection with Senseny Road 7 5 i 19 16 15 6 17 14 L., . f Vil' 30 6 7 13 16 i 3 1 12 15 I 9 1• 13 Vy 10 9 12 r 9 �I g � Parcel Identification Number(PIN):54G 10A 1 2 12a7 S0 � 35 11 PIN A:54C 10 A 8 2 S1A / Chmeeship lrr(ormation Lockup _ t>r Account Number 8014682 1®A T-..p 54 y Double 10 Section A 1 .. Lm 8 27 Su6lot Zoom to ... s 25 34r 6 20 J�� k I- r �1, P, 102 2 11 A4 ,tl m OFJ 12 13 EXHIBIT A min VIRGINIA OUTDOORS FOUNDATION VIRGIMAOUTDOORS FOUNDATION OPEN-SPACE LANDS PRESERVATION TRUST FUND GRANT AGREEMENT Cram Roedpient: County of Fredenck,birginia Project Title: Abrams Creek Trail TraiIhead and Parking Approval Date: October 12,2023 VOFGrant Number: PTF2024-003 WebGrants Number: 2474 Project Period: 1 1/1 312023—1 111 4f2025 Project Description: This projectprovides a trailhead and parking for the Abrams Creek Trail.The[railhead will include an asphalt entrance and parking to provide public access far the Abrams Creek Trail. Location: Frederick County Cram Amount: $2t?i,688-00(Exhibit A,budget attached) Multiple Finding Sources: While it is the sole res pons i bi I ity of the grant red pi ant to meet all program requirements,should this project utilize additional funding souroes to achieve the goals listed in the proj act dascription above,all parties shall collaborate to ensure that the required land protection instrument satisfies true requirements of all funding sources. The County of Frederick,Virginia,in consideration of the grant funds in the anux"of$206,688.00 being provided to it pursuart to this agreement by VOF; agrees to comply to the following terms and conditions: GRANT POI.JaES Scope of work 1. The following deliverables are included in the grantagreement and are expected to be completed within the grant lifespan: a. Conveyance by the County of Frederick,4tfginia of a right,interest,or privilege that that will protect,in accordance with\4rginia Code§10.1-1801.1 and §10.1-1700,approAmately 0.54 acres of open space on Frederick Tax Map PIN#54C 10 A 8. b. Such right,interest,or privilege shall also convey a permanent right of public access to the property. c. Infrastructure to promote public safety and public access such as: Entrance and[railhead parking area 2. Anyvariance from the listed scope ofwortk and deliverables must be approved byWF. Schedule 3. All components listed above must be completed by 11/14J2025. 4, ff no signilkxant progress has been made after the first year of the contract,the grant agreement maybe nullified,and funds reassigned. PTF2024-003 County of Frederick,Virginia 1 of 5 Finding 5. Grrantfunds distributed shall not exceed eligible documented costs incurred,not to exceed the total grant amount of$206,688.00. 6. Funding maybe disbursed only once areal estate interest has been conveyed,such as the recordation of an open space easement,the dedication of land to open space,or another mechanism approved by 4C7F. 7. The general budget is a guide for expenditure.Funds from any item category may be reallocated toward other deliverables in the grant agreement if there is no impact to ft scope of work.The grant red pient should inform VCJF regarding line-item changes greater than 5%of the total award. B. Eligible expenses for scope of work/deliverables must be verified.IVhterials to be submitted to s upport e>pe ns e reports may indude bills of sage,copies of invNoas,contracts,canceled checks,etc. 9. The parties understand that the grant funding hereunder maybe subject to rescission by the birginia General Assembly.In such event VOF shall have the right to cancel this Agreementwithout I iabi 14 thereon. Land Protection 10. A recordable legal i nstrument reflecting the conve)ence of a real estate right,interest or prirAlege,such as deed of Open-Space dedication or easement executed on behalf of Grant Recipient,must be preuousIyapproved in fors and substance by VOF.See Exhibit 8:Sample Deed Language for exam pie language that may be ind uded. 11. The deed must designate such property as open-space land in accordance with the Open-Space Land Ad(Va.Code§10.1-1700 et seq.)including Section 10.1- 1701 of the Code of Mrginia(1950),as amended and the restrictions outlined below shall be imposed in perpetu ity by enforceable restrictions set forth in the deed of corneyanoe or by restricbons set forth in a deed of easement or other i nstrument to be granted.The decision of whether deed restrictions,a deed of easement or some other instrument thereof shall be used shall be determined by VC7F. a. A right of public access b. Ano-iiusion clause c. Acap on impervious surface(50%maximum) d. Aconversionldkersion clause 12. The County of Frederick,Ltrginia must provide the following due diligence: a. Asurveyof the property prepared by Mrginia licensed surveyor or professional engineer,preferable in digital form,depicting the metes and bards of the property unless VOF determines that an adequate legal description of the Property is available. b. Copies of title work showing grantor's fee simple interest in the properlyancUor a tide insurance policy showing title vested in the grantor as well as any easements,rights,and other encumbrances of record acceptable to 1+CaF. c. It Mcation of eligible expenditures related to property protection at dosing including,but not limited to survey fees,appraisal fees,legal fees including title reports and insurance,required reports,and recordation fees. 13. The County of Frederick,M rginia must provide contact information to the settlement agent who will be receiving the grant funds for dosing and must also provide a W-9 for that company at least two weeks before the desired dosing date. 14. The County of Frederick,Mrginia shall work doselyWth WF to set up all property dosings and must contact MOF at least one month before the desired dosing date to ensure that VOF vaII have suffi dent funds available to meet the funding obligations created hereunder. 15. The County of Frederick,4lrginia must provide copies of ail recorded deeds of transfer,open space easements,and right-of--way or trail easements for which 1OF monies have been awarded,showing the locality,deed book,page of recordation,ancVcw instrument number to\ADF no later than one month after recordation. Reporting 16. Progress reports are required throughout the lifespan of the grant.Reports should be submitted everysixmonths following the signing of the grant agreement Reports should be submitted through the VOF standardized process.Additionally,a final report is due upon completion of the project-Photo documentation should be included when appropriate.The grant Mll not be considered oomplete,nor dosed out until a final report has been received. PrW4-003 County of Frederick,Virginia 2 of 5 Media and Jsu6icity 17_ The grant recipient will release information to the n*&a ink mtinq the cxommunity of the grant award to the projed and acknowledging that it has receivad funding from VOF. 18. Al press releases and other printed materials and publications,aucfioosuals,and signs pertaining to the project should reference the 1Arginia Ouldoors Foundation or include the\CF logo.WF staff is available to assist with drafting and release of press releases byrequest Please contact Jason Kt an/eyat jmoga veyvuf.org to coordinate. 19. Each project site will be pemnarrently marked with a kGF sign or signs(as appropriate)in locations reasonably selected or appro►ed byVOF.VOF shall provide such sicns at no cost to the property owner.In cases where there are multiple fenders this requirement maybe fulflled by including VGF m the sign acdrrowtedgrna all furxfing sources. 20. All material submitted as s upport or documentation of project progress,like photographs,may be used by Vt7F to promote ttie grant program.,any\ADF publicabon will cite the source of tie repnn"material.Tihese records will also be deemed public records and subject to Mrgrnra's Freedom of Irformation Act; hohnewer,copyright holders will retain their oDoyrights. Coir*act.Authority 21. AhyAcation of this Agreement must be in a writing,eaecutod byline parties hereto. 22. The inie pretation and performance of this Agreement shall be in accordance with the laws of the Commonwealth of lArginia.If anyprovfsion of iris Pgreement is determined by a oourtof competentjunsdidion to be invalid,the remaining prows tons shall not be affected thereby. 23, The Countyof Frederick,Virginia,shall,to the exdent permissible under applicable law,hold We Commonwealth ealtih of 4 RjNa harmless from all Icgai liablity under he Comprehensive Environmental Response,Compensation and LiabilityAtt of 1980(CERCLA),as amended,42 u.&C.§§9801 etseq.,togetfnervAth any otherfeoeral.state,or local law or ordinance related to hazardous substances or hazardous waste. 24. This Agreement shalt inure to tK!benefitof and be binding upon the parties hereto and their respective successors. 25. The individuals crecuting this Agreement on behalf of VOFand the Countyof Frederick,lArginia possess all necessarypovver and authontyto bind the parties hereto and,upon emcution,this Agreement shall constitute a Ingal and valid obligation of the parties hereto. Termination: 26 VC7F resenes the right to recarm grunt funds,or properties purchased with grant funds,or to nullifythe grant agreement I recipient fails to meet land transfer deadlines,obtain appropnate open space protection,or pravide required documentation regardless of transterof ownership.If no significant progress has been made at the one-year review of the project,the grant agreement may be nullified. In witness whereof,tie parties hereto haveeeaded this conrr cLd agreement as of the dates entered belmv. "Pine Virginia Outdoors Foundation 12.15.2023 Leslie Grayson.Deputy Director C to Grant Recipient,Tile Courdyof Frederick,Virginia 1-21IS-12 o 13 (Signature) Date .'.,cl-,r Please Pnntivfame Here Tile Ai'P V D .�AS TO FORM PiF20241�C}3 Cburtty of Frederick,UrgirWa i 3 ttF C©LINTY ATTQR,NEY VIRGINIA OUTDOORS FOUNDATION VIRGNIAOUfDOORS FOUNDATION OPEN-SPACE LANDS PRESERVATION TRUST RIND Grant Agreement Exhibit A General Budget Grant Recipient: The Ccuntyof Frederick,Lbrginia Project Title: Abrams Creek Trail Trailhead and Parking VOF Grant Number: PTF2024-OW WebGrants Number: 2474 Grant Amount: $206,688.00 Itern Expense Pennanent protection of approArnately0.54 acres of land,Frederick County Tax I ft PIN#54C 10 A as n space including associated due diligence costs. Entranoe 8 TraiIhead Construction 206,688.00 TOTAL $206,688.00 The general budget is a guide for expenditure.Items and quantities included in the budget were specified at the time of application.Alternative or substitute materials maybe used witliout prior approval from V[T if the use and/or purpose is unchanged. Funds from any item category maybe reallocated toward other deliverables in the grant agreement as long as there is no impact to the scope o l'work.Chant recipient should inform MY regarding tine item changes greaterthan 5%of total award.Grantfunds distributed shall not exceed eligible documented costs incurred, not to exceed the total grant amount of$206,688.00. Funding maybe disbursed onlyoroe a real estate interest has been conveyed,such as the recordation of an open space easement,the dedication of land to open space,or another mechanism approkmd by VJF. PIF2M4-003 County of Frederick,Virginia 4 of 5 VIRGINIA OUTDOORS FOUNDATION VIRGINIA OUTDOORS FOUNDATION OPEN-SPACE LANDS PRESERVATION TRUST FUND-PUBLIC ACCESS Grant Agreement Exhibit B. Sample Deed Language Adraft deed must be approved by V)F and meet the following requirements: • The property interest,the form ofwhioh maybe determined byVOF,must be specified in Mrginia Code§10.1-1801.1. • The property interest must be dedicated in perpetuity as open-space land under the Open-Space Land Act(\Arginia Code§§10.1-1700 to 10.1-1705). • The grant agreement must be recorded as an exhibit to the deed. Recitals: • Pursuant to Chapter 18,Title 10.1,Section 10.1-1801.1 the Mrginia Outdoors Foundation(VOF)has provided an Open-Space Lands Preservation Trust Fund Gant in the amount of$ to Grantee for the protection and enhancement of public open space,as more fullydescribed in the Mrginia Outdoors Foundation Open-Space Lands Preservation Trust Fund-Publio Acres s Gra nt Agreem ent attached hereto as Fib to • Men there is acquisition of a property interest by locality, ■ Grantor is oonveying the described properly(the'ProperV)to Grantee to be retained and used by Grantee in perpetuity as open-space land pursuant to Chapter 17,Tile 10.1,Section 10.1-1701 of the Code of Mrginia(1950).as amended. OR • Ww property interest is already held bya locality. ■ Grantor is dedicating the described property(the"ProperV)to be retained and used in perpetuityas open-space land pursuant to Chapter 17,Tile 10.1, Section 10.1-1701 of the Code of Virginia(1950),as amended. Designation: The owvnerbublic grantiae hereby designates the Property to be retained and used in perpetuity as open-space land to Chapter 17.Title 10.1,Section 10.1- 1701 ofthe Code ofMrginia(1950)as amended. Restrictions: The deed must include the following restrictions to be imposed in perpetuity • A rig htofpublicacosss • No division • Onlystrudures allowed are those that support public use of the property.Impervious surface will be limited/capped-10%of property is average cap,though up to 50%vAll be considered for urban areasfcommunityneeds. • AcomwsioNdiversion clause • No part of the Property maybe converted or diverted from its open-space use unless such conversion or diversion is determined bythe owner/public bodyto be in compliance with the provisions of Section 10.1-1704 of the Open-Space Land Act. a The deed"include the following restrictions th be imposed in perpetuity • Aclause in which 1ROF must agree that the determination of the public bodyto oonvert/divertthe public land has met all the requirements of 10.1-1704,such as: No part of the Property maybe converted or diverted from its open-space use unless such conversion or diversion is determined byWF to be in compliance with the provisions of Section 10.1-1704 of the Clpen-Space Land Act PTF2024-OW County of Frederick,Virginia 5 of 5 NOTE TO TITLE EXAMINERS: This deed contains a restriction on use of the property described below, which runs with the land and is applicable to the property in perpetuity. Prepared by: Natalie A.White,Esquire,VSB No. 99598 Return to: Briel PC Attorneys 440 W. Jubal Early Drive, Suite 200 Winchester,VA 22601 Tax Map Number: 54C-10-A-8 Exempt from recordation tax under the Code of Virginia(1950), as amended, Section 58.1-811A.3 and from Circuit Court Clerk's fees under Sections 17.1-266 and 17.1-279. THIS DEED OF DEDICATION OF OPEN SPACE made the_day of , 2026, by the COUNTY OF FREDERICK,VIRGINIA, a Virginia municipality ("County of Frederick"), GRANTOR; witnesseth: RECITALS R-1 Pursuant to Chapter 18, Title 10.1, Section 10.1-1801.1 the Virginia Outdoors Foundation (VOF) has provided an Open-Space Lands Preservation Trust Fund Grant in the amount of Two Hundred Six Thousand Six Hundred Eighty-Eight Dollars ($206,688.00) to the County of Frederick for the land protection and necessary infrastructure to provide public access and promote public safety as set forth in the Virginia Outdoors Foundation Open- Space Lands Preservation Trust Fund Grant Agreement (the "Grant Agreement") attached hereto as Exhibit A. R-2 In accordance with the grant agreement, the Property is to be retained and used by the County of Frederick in perpetuity as open-space land pursuant to Chapter 17, Title 10.1, Section 10.1-1701 of the Code of Virginia (1950), as amended, and to provide a permanent public access easement. R-3 Chapter 461 of the Acts of 1966, codified in Chapter 17, Title 10.1, Sections 10.1-1700 through 10.1-1705 of the Code of Virginia, as amended (the "Open-Space Land Act"), declares that the preservation of open-space land serves a public purpose by curbing urban sprawl, preventing the spread of urban blight and deterioration and encouraging more economic and desirable urban development, helping provide or preserve necessary park, recreational, historic and scenic areas, and conserving land and other natural resources, and authorizes the acquisition of interests in real property, including easements in gross, as a means of preserving open-space land; and R-4 Pursuant to Sections 10.1-1700 and 10.1-1703 of the Open-Space Land Act, the purposes of this deed include helping provide necessary park, recreational, and scenic area resources of the property, and the limitation on, division, residential construction and commercial and industrial uses contained in this deed ensures that the Property will remain perpetually available for recreation or open-space use, all as more particularly set forth below; and R-5 Chapter 525 of the Acts of 1966, Chapter 18, Title 10.1, Sections 10.1-1800 through 10.1-1804 of the Code of Virginia, declares it to be the public policy of the Commonwealth to encourage preservation of open-space land and authorizes the Virginia Outdoors Foundation to hold real property or any estate or interest therein for the purpose of preserving the natural, scenic, historic, scientific, open-space and recreational lands of the Commonwealth; and R-6 As required under Section 10.1-1701 of the Open-Space Land Act, the use of the Property for open-space and recreational purposes conforms to the County of Frederick's Comprehensive Plan adopted on November 10, 2021 (the "Comprehensive Plan") as the Comprehensive Plan calls for the completion of a linear recreation path encompassing the Senseny Road, Abrams Creek, and Charming Drive areas. NOW, THEREFORE, the County of Frederick, does hereby dedicate the following described Property in Frederick County, Virginia as open-space land pursuant to Chapter 17, Title 10.1, Section 10.1-1701 of the Code of Virginia (1950), as amended, to-wit: Tax Parcel 54C-10-A-8 BEING Lot 8, Block "A" on plat and survey of Rolling Fields Subdivision prepared by Richard U. Goode dated January 31 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 270 at Page 188 "Beginning at a point in the northwesterly right of way line of Meade Drive at the southeasterly corner of the area reserved for recreation and drainage; thence with the northerly line of the area reserved for recreation and drainage, N 48' 10' W-120.0 feet to a point in Abrams Creek; thence with Abrams Creek N 29' 5 F E -168.7 feet to a point at the northwesterly corner of Lot 1 of Rolling Fields, Block `B"; thence with the southerly line of lot 1, Rolling Fields, Block`B", S 48' 10' E-155.0 feet to a point in the northwesterly right of way line of Meade Drive; thence with the northwesterly right of way line of Meade Drive, S 41° 50' E -165.0 feet to the point of the beginning." Containing...... 22,687 square feet AND BEING a portion of the same property conveyed to the GRANTOR herein by Deed of Gift dated March 8, 2019, recorded on May 23, 2019, in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 190004847. Adhering to the terms of the VOF grant, it is the County of Frederick's intent to do the following on the Property: 2 1. To keep the Property as a single undivided parcel. 2. To allow a permanent right of public access on the Property on a regular basis. 3. To include an asphalt entrance and parking to provide public access for the Abrams Creek Trail. 4. To allow only those structures that support public use of the Property. 5. To limit total impervious surface on the Property, including both existing and additional improvements, to no more than fifty percent (50%). In accordance with the Grant Agreement,responsibility for compliance with the preceding terms rests solely with the County of Frederick. No part of the Property may be converted or diverted from its open-space use unless such conversion or diversion is determined by the County of Frederick to be in compliance with the provisions of Section 10.1-1704 of the Open-Space Land Act. This Deed is executed by Michael Bollhoefer, County Administrator of the County of Frederick, Virginia, after having been authorized to act on behalf of the County by a motion duly passed on February 25, 2026, by the Board of Supervisors of the County of Frederick. This Deed is approved as to form by Andrew Fox, County Attorney, accordingly by § 15.2-1803 of the Code of Virginia (1950), as amended, as evidenced by his/her signature. WITNESS the following signature and seal: COUNTY OF FREDERICK, VIRGINIA, GRANTOR By: (SEAL) COMMONWEALTH OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER, to wit: The foregoing instrument was acknowledged before me this day of February 2026, by Michael Bollhoefer, County Administrator, on behalf of the County of Frederick, Virginia, GRANTOR. Notary Public My Registration No. My Commission Expires: Approved as to form: By: Andrew Fox, County Attorney 3