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Home My WebLink About06-07 Proffer StatementPROPOSED PROFFER STATEMENT REZONING: RZ. /Yalu Rural Areas (RA) and ME-I-1 (Mobile Home Community) to Light Industrial (Ml) PROPERTY: 75.38 acres Tax Map Parcels 54 -A -89 (portion), 54 -A -91 (portion) [the "Property"] RECORD OWNER: William J. Lockhart et als (54 -A -89) Arcadia Mobile Park, Inc. (54 -A -91) APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 1 of 5 REVISION DATE(S): 11/8/06; 11/9/06; 11/30/06; 12/5/06; 12/6/06; 12/12/06; 12/13/06 Arcadia Mobile Park, Inc. is the fee simple owner of Parcel 54 -A -91 by virtue of that certain Deed from William J Lockhart and Dellitt J. Lockhart, as grantors, and Arcadia Mobile Park, Inc., as grantee, dated February 6, 1979, and recorded in Deed Book 350, Page 481 of the Frederick County, VA records. William J. Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson are the fee simple owners of Parcel 54 -A -89. William J. Lockhart, Sr. obtained title to the property by virtue of that certain Deed from E. B. Clevenger, et al, dated January 23, 1948, and recorded January 27, 1948 in Deed Book 204, Page 3, Frederick County, records. William J Lockhart, Sr. died and by his Last Will and Testament recorded in Will Book 75, Page 720, devised, without qualification, Parcel II to his surviving widow, Dellitt Elizabeth Lockhart. Dellitt Elizabeth Lockhart died, intestate, and by Affidavit recorded in Deed Book 934, Page 658 and documents filed as part of her Estate No. 98 -123 in Will Book 113, Page 94, her only heirs at law were established as William J Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson. Donald Eugene Lockhart died after Delitt Elizabeth Lockhart, and by will devised his interest in the property to his wife, Tamara Lockhart. 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. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void.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" deemed as that 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 term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. Proffer Statement Cash Proffers 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriffs office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. 1.4 The Applicant shall pay to the County the total sum of Four Hundred Thousand Dollars ($400,000.00), to be used by the County, in its discretion, for transportation improvements in the Route 11 North Fort Collier Route 7 East area. Within five (5) business days of transfer of ownership by the Record Owner or Record Owners of all or any part of the Property, or upon approval of the first site plan on the Property, whichever first occurs, the Applicant shall provide to the County a letter of credit or other instrument, in a form satisfactory to the County, upon which the county may draw the funds, in full or in increments. Any unpaid portion of the $400,000.00 shall be paid to the County on a date (2) years from the date the aforesaid letter of credit or other instrument is provided to the County. 2. /Site Development 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 22 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 3. Transportation 3.1 A direct connection between the Property and Fort Collier Road shall be prohibited. Furthermore, the Applicant shall vacate by recorded document the existing access easement located on the property identified as Tax Map Parcel 54 -A -92B within 120 days of rezoning approval. 3.2 The project entrance will be located on Brooke Road. 3.3 The Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to the issuance of the first occupancy permit for any building on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of 5 Seefried Property Proffer Statement Respectfully submitted, William J Lockhart, Jr j `ce J9an E. Brock Tamara Lockhart STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: fL The foregoing instrument was acknowledged before me this J day of 3-pc o m 1„ 2006, by William J. Lockhart, Jr. My commissio9 expire 7 Notary Public L 7 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this /3 1A- day of 2006, by Joan E. Brock, Tamara Lockhart, Walter M. Lockhart, Robert S. Lockhart, and Linda L. Wilson, by William J Lockhart, Jr., their attorney in fact. My commission ex ix Atty7 tc 3/ ZOD Public Notary t" Ai7Ct 31 zoo? 3 of 5 `i/ Z%e 4 Walter M. Lockhart Seefried Property Robert S. Lockhart ✓'�'t`2�G`L ji Linda L. Wilson Proffer Statement Arcadia Mobile Park, Inc. By: 4 ?r Date: My commiss Notary Public 4 of 5 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 13 day of 2006, by William J Lockhart, Jr. Seefried Property u 41 Proffer Statement Seefried Properties, Inc. Ry:T <E /F r'Ll ("2) Dare: 0-Add6 6 Go rei iA STATE OF >'}A 1, AT LARGE fREDERICK COUNTY, To -wic The fo cgoin instniment was acknowledged before me this 2006, lay V (C CI WA Sill My commission C it Notary Public if v at D.Vaset 5 of 5 Sect)l ed Property 13 d ay of PP�'i/t?{�lt' www 1L D. I. EXPIRES GEORGIA AUG. 26. 2007 '/.°ee