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75A2C_RenaissanceCommercialCntr0 AMENDMENT o CJl Action: PLANNING COMMISSION: February 15, 2012 - Recommended Approval BOARD OF SUPERVISORS: March 14, 2012 d APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-12 OF RENAISSANCE COMMERCIAL CENTER WHEREAS, Rezoning #02-12 of Renaissance Commercial Center, submitted by Greenway Engineering, to rezone 8.9817 acres from the B3 (Industrial Transition) District and 0.4989 acres from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with proffers dated November 30, 2011 and revised on January 18, 2012, for commercial use, was considered. The properties are located on the west side of Valley Pike (Route 1 1 South), approximately % mile south of the Route 37 interchange near Interstate 81 Exit 310 and are identified by Property Identification Numbers 75 -A -2C and 75 -A -2R in the Back Creek Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on February 15, 2012; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 14, 2012; 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, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 8.9817 acres from the B3 (Industria; Transition Business) District and 0.4989 acres from the RA (Rural Areas) District to the 132 (General Business) District; and, 1.5527 acres from the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 1 1.1772 acres, with proffers dated November 30, 2011 and revised on January 18, 2012, for commercial use. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES# 10-i 2 This ordinance shall be in effect on the date of adoption. Passed this 14th day of March, 2012 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Ross P. Spicer Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Abstained Christopher E. Collins Ave A COPY ATTEST r John Rl' Ney, Jr. Frederik County Administrator VIRGINIA FRE.DERICKCOUNFY.SCT. This instrument of writing was produced to me on lIA -2012 at 10!01 awn and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1.802 of E...N A , and 58.1-801 bave been paid, if assessable. PDRESM-12 4&e4 ) aAr,-j , Qerk 1.,6?" - r Ir - Greenway Engineering November 30, 2011 1 Revised January 18, 2012 CD 1:20003346 0 RENAISSANCE COMMERCIAL CENTER r" PROFFER STATEMENT REZONING: RZ # tl)- 1Z Tax Parcel #75 -((A)) -2C: 8.9817± acres from the B-3 (Industrial Transition) District to the B-2 (General Business) District, with proffers, and 0.4989± acres from the RA (Rural Areas) to the B-2 (General Business) District, with proffers Tax Parcel #75 -((A)) -2R: 1.5527± acres from the B-3 (Industrial Transition) District to the B-3 (Industrial Transition) District, with proffers, and 0.1439± acres from the RA (Rural Areas) to the B-3 (Industrial Transition) District, with proffers PROPERTY: Tax Parcels #75 -((A)) -2C, and 75 -((A)) -2R, (hereinafter the "Property") RECORD OWNER: Bowman -Shoemaker Companies, Inc., and Alizarin Crimson, LLC APPLICANT: Bowman -Shoemaker Companies, Inc., and Alizarin Crimson, LLC (hereinafter the "Applicant") PROJECT NAME: Renaissance Commercial Center ORIGINAL DATE OF PROFFERS: November 30, 2011 REVISION DATE: January 18, 2012 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # e1"ia for the rezoning of 9.48± -acres from the B-3 (Industrial Transition) District and the RA (Rural Areas) District to the B-2 (General Business) District and 1.69± -acres from the B-3 (Industrial Transition) District and the RA (Rural Areas) District to the B-3 (Industrial Transition) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors and their legal successors, heirs, or assigns in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. In the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #oJ-LL , these proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. File #4613 Rezoning Proffer Statement Greenway Engineering November 30, 2011 2 Revised January 18, 2012 O O The Property, more particularly described as the land owned by Bowman -Shoemaker Companies, C.J Inc., being all of Tax Map Parcel 75 -((A)) -2C, and further described by Instrument Numbers 110001988, and the land owned by Alizarin Crimson, LLC. being all of Tax Map Parcel 75- ((A)) -2R, and further described by Instrument Number 110001988. (Please refer to Rezoning Application Deed Information). PROFFER STATEMENT A. Renaissance Drive Right -of -Way Dedication The Applicant hereby proffers to dedicate a variable width right-of-way to Frederick County to allow for the construction of Renaissance Drive as described in the Revenue Sharing Agreement between the County of Frederick, Renaissance Commercial Center, Inc., and Alizarin Crimson, LLC, a copy of which is attached with this rezoning application. A variable width right-of-way dedication plat is provided as an exhibit with this rezoning application, which conforms to the final geometry design plan prepared by Greenway Engineering, Inc., with said right-of- way being dedicated at no cost to Frederick County. The plat for this right-of- way dedication will be recorded among the land records of Frederick County within 30 days of final non -appealable rezoning approval by the Frederick County Board of Supervisors. 2. The Applicant hereby proffers to dedicate a right-of-way that is 80 feet in width on a portion of Tax Map parcel 75 -((A)) -2C to allow for the future extension of Renaissance Drive from the limits of the project described in the Revenue Sharing Agreement to the CSX railroad right-of-way. This right-of-way dedication shall be provided at no cost to Frederick County, and shall be provided to Frederick County within 90 days of written request by the County. B. Land Uses Restrictions I. The Applicant hereby proffers to prohibit the following land uses on Tax Map Parcel 75 -((A)) -2C and Tax Map Parcel 75 -((A)) -2R: Truck Stops — SIC 5541 Adult Retail — No SIC C. Fire and Rescue Monetary Contribution The Applicant hereby proffers to provide a monetary contribution in the amount of $0.05 per square foot of structural development for all land uses within the Property. This monetary contribution shall be provided to Frederick County for fire and rescue purposes prior to the issuance of a certificate of occupancy permit for each building permit issued within the Property. File #4613 Rezoning Proffer Statement Greenway Fagineering November 30, 2011 Revised January is, 2012 Proffer Statement Applicant Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assignsr and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: � BB By: 1Pi y.tl!i�l b1 `'2�.I� d i4) Date: 7_ Bow an -Shoemaker Companies, Inc. Commonwealth of Virginia. City, oumy o Fi�eAej6'c L To Witte The foregoing instrument was acknowledged before me this! 'day of J avI L)Q✓c �OLl < by o�..•�,p;It�Fy,4n :v OF = brormission Expires L� Z Notary Public Registration No.: 2 -Cl G 10 (o By: 6j[U ll& L 9Z Ax tom. 1ziL Date: Alizarin Vrimson. LLC Commonwealth of Virginia, City/ oumy f t-�(-ecy r'lcAL To Wit: The foregoing instrument was acknowledged before me Chit -Ay of 201Z-by;�ie�2r�e� ;O of ,I,'•.liNirt5lssion Expires `',J" �1 Notary Public Registration No.: -;l� �o 0 File #4613 Rezoning Proffer Statement Michael L. Bryan 116 S. Braddock St. Winchester, VA � 2pU04193 THIS DEED OF STREET DEDICATION AND DEED OF EASEMENTS, made and dated this chi$ 4ay of ;1 '2012, by and between BOWMAN -SHOEMAKER COMPANIES, INC., a Virginia Corporation, hereinafter referred to as `Bowman - Shoemaker", ALIZARIN CRIMSON, LLC, a Virginia Limited Liability Company, hereinafter referred to as "Alizarin", the COUNTY OF FREDERICK, VIRGINIA, hereinafter referred to as "Frederick County', FREDERICK COUNTY SANITATION AUTHORITY, a Virginia corporation organized and existing under the provisions of the Virginia Water and Waste Authorities Act (§ 15.2-5100, et seq., Code of Virginia, 1950 as amended), hereinafter referred to as "FCSA", and WASHINGTON GAS LIGHT COMPANY, hereinafter referred to as "Gas Company". RECITALS: A. Bowman -Shoemaker is vested with fee simple title to that certain parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the Northwest side of Valley Pike (U. S. Route 11), containing 7.9548 acres, more or less, as more particularly described on that certain plat titled "Boundary Survey Of The Property Of Horton Investments, LLC" dated April 15, 2005, drawn by Mark D. Smith, L.S., which plat is attached to and made a part of that certain Deed dated April 20, 2005, of record in the aforesaid Clerk's Office as Instrument No. 050014247 (Tax Map No. 75-A-2) ("Bowman -Shoemaker Parcel #1"). B. Bowman -Shoemaker is vested with fee simple title to that certain parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia located on the Northwest side of Valley Pike (U. S. Route 11), containing 9.4806 acres, more or less, being more particularly described on that certain plat titled "Final Plat For Boundary Line Adjustment Between The Lands Of Bowman -Shoemaker Companies, Inc., Alizarin Crimson, LLC And Judith Brim Cates, et al" dated November 15, 2010, drawn by Richard A. Edens, L.S. (the "BLA Plat"), which plat is attached to and made a part of that certain Deed and Deed of Boundary Line Adjustments And Easement, dated February 10, 2011, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. l:. Y"ry Michael L. Bryan 116 S. Braddock St. Winchester, VA 110001988 (Tax Map No. 75 -A -2C) ("Bowman -Shoemaker Parcel #2"). C. Alizarin is vested with fee simple title to that certain parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the Northwest side of Valley Pike (U. S. Route 11), containing 2.8942 acres, more or less, as more particularly described on that certain plat titled "Boundary Survey Of The Land Of Valley Pike, L.L.C." dated November 21, 2005, drawn by Mark D. Smith, L.S., a copy of which is attached to and made a part of that certain Deed dated January 12, 2006, of record in the aforesaid Clerk's Office as Instrument No. 060001096 (Tax Map No. 75-A- 213) ("Alizarin Parcel 41 "). D. Alizarin is vested with fee simple title to that certain parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, situate on the Western side of Prosperity Drive, containing 1.6927 acres, more or less, designated as Lot 10, Kernstown Business Park, Section 1, as more fully set forth on the aforesaid BLA Plat (Tax Map No. 75-A- 2R) ("Alizarin Parcel #2") E. Alizarin has agreed to convey various parcels of land to Bowman -Shoemaker so as to the adjust the respective boundaries of Bowman -Shoemaker Parcel #1, Bowman - Shoemaker Parcel #2 and Alizarin Parcel 41. The boundary lines for Alizarin Parcel #1 shall be vacated and portions of said Alizarin Parcel 91 shall be off -conveyed as follows: (i) Alizarin shall convey 0.0078 acre, more or less, to Bowman -Shoemaker, Iwhich parcel shall become a part of Bowman -Shoemaker Parcel #1 (as hereinafter defined); (ii) Alizarin shall convey 2.2646 acres, more or less, to Bowman -Shoemaker, I which parcel shall become a part of Bowman -Shoemaker Parcel #2 (as hereinafter defined); hand, (iii) Alizarin shall dedicate 0.6218 acres, more or less, to Frederick County as a (part of Renaissance Drive (the "Alizarin Street Dedication Parcel"). F. Bowman -Shoemaker has agreed to dedicate a portion of Adjusted Bowman - Parcel #1 (as hereinafter defined) and Adjusted Bowman -Shoemaker Parcel 42 2 0 tv Michael L. Bryan 116 S. Braddock St. Winchester, VA (as hereinafter defined), containing 1.9747 acres, more or less, to Frederick County as a part of Renaissance Drive (the "Bowman -Shoemaker Street Dedication Parcel"). G. Alizarin and Bowman -Shoemaker have agreed to dedicate the Alizarin Street Dedication Parcel and the Bowman -Shoemaker Street Dedication Parcel, containing in the aggregate 2.5965 acres, more or less (the "Renaissance Drive Parcel") in order to provide right of way, variable in width, for public street purposes, designated as "Renaissance Drive Variable Width Strip Containing 2.5965 Acres Hereby Dedicated To Frederick County For Public Street Purposes" on that certain plat titled "Final Plat For Lot Consolidation And Right Of Way Dedication Of The Land Of Bowman -Shoemaker Companies, Inc. And Alizarin Crimson, LLC Renaissance Drive" dated December 2, 2011, revised April 10, 2012, drawn by Richard A. Edens, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full (the "Street Dedication Plat"), as more fully set forth hereinafter. H. Bowman -Shoemaker and Alizarin have agreed to create and impress upon a portion of Adjusted Bowman -Shoemaker Parcel #1 (as hereinafter defined), Adjusted Bowman -Shoemaker Parcel #2 (as hereinafter defined), and Alizarin Parcel #2 those certain permanent slope maintenance easements, a temporary construction easement, drainage easement, ingress -egress easement, a gas easement, utility easement, sanitary sewer easements and waterline easements (the "Easements"), as more fully set forth on the Street Dedication Plat, as more fully set forth hereinafter. I. Bowman -Shoemaker and FCSA have agreed to vacate a portion of that certain existing permanent waterline easement in favor of FCSA previously created and impressed by Deed of Easement dated October 29, 1988, of record in the aforesaid Clerk's Office in Deed Book 696, at Page 603 (the "Vacated Waterline Easement"), as more fully set forth on the Street Dedication Plat. NOW, THEREFORE, WITNESSETH: That for and in consideration of the premises conveyed, and other good and valuable considered deemed adequate at law, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Michael L. Bryan 116 S. Braddock St. Winchester, VA RECITALS: The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. RENAISSANCE DRIVE DEDICATION: Bowman -Shoemaker and Alizarin hereby dedicate and convey the Renaissance Drive Parcel, containing 2.5965 acres, more or less, unto Frederick County for future public street purposes, as more particularly described on the attached Street Dedication Plat. Bowman -Shoemaker and Alizarin hereby acknowledge and agree that Frederick County may hereafter dedicate and convey the Renaissance Drive Parcel to the Virginia Department of Transportation. 3. BOUNDARY LINE ADJUSTMENTS: (a) Alizarin hereby grants and conveys with general warranty and English covenants of title unto Bowman -Shoemaker, in fee simple, that certain lot or parcel of land containing 0.0078 acre, more or less, which parcel shall be merged into and made a part of Bowman -Shoemaker Parcel #1, in order to create that certain parcel of land containing 7.3310 acres, more or less, designated as ".Adjusted Tax Parcel 75-A-2" on the attached Street Dedication Plat ("Adjusted Bowman -Shoemaker Parcel #1"). This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. (b) Alizarin hereby grants and conveys with general warranty and English covenants of title unto Bowman -Shoemaker, in fee simple, that certain lot or parcel of land containing 2.2646 acres, more or less, which parcel shall be merged into and made a part of Bowman -Shoemaker Parcel #2, in order to create that certain parcel of land containing 10.4021 acres, more or less, designated as "Adjusted Tax Parcel 75 -A -2C" on the attached Street Dedication Plat ("Adjusted Bowman -Shoemaker Parcel 92"). This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. L:J Michael L. Bryan 16 S. Braddock St. Winchester, VA 4. BOWMAN -SHOEMAKER EASEMENTS: (a) Bowman -Shoemaker hereby creates and impresses the following Easements upon a portion of Adjusted Bowman -Shoemaker Parcel #1 and Adjusted Bowman -Shoemaker Parcel #2: (i) Those certain waterline easements, 20' in width, designated as "20' Waterline Easement See Sheet 7 For Detail" and "DOT -Shaded Area Denotes A 20' Waterline Easement Hereby Dedicated" over a portion of Adjusted Bowman -Shoemaker Parcel #1 and Adjusted Bowman -Shoemaker Parcel #2 as set forth on the attached Street Dedication Plat (the "Waterline Easements"). The Waterline Easements shall include a temporary construction easement, 10 feet in width, immediately adjacent to the easement areas designated as "DOT -Shaded Area Denotes A 20' Waterline Easement Hereby Dedicated" on the attached Street Dedication Plat. Bowman -Shoemaker hereby conveys the Waterline Easements unto FCSA. The Waterline Easements shall be exclusive, perpetual, appurtenant and permanent easements or rights of way which shall run with the title to Adjusted Bowman -Shoemaker Parcel 41 and Adjusted Bowman -Shoemaker Parcel #2 for the benefit of FCSA, its successors and assigns. The Waterline Easements shall be subject to those certain terms and conditions set forth on Exhibit "A" attached hereto and incorporated herein by reference as if set out in full. (ii) Those certain sanitary sewer easements, designated as "DOT -Shaded Area Denotes A 20' Sanitary Sewer Easement Hereby Dedicated" and that certain "DOT - Shaded Area Denotes A Variable Width Sanitary Sewer Easement Hereby Dedicated" on the attached Street Dedication Plat (the "Sanitary Sewer Easements"). The Sanitary Sewer Easements shall include a temporary construction easement, 10' in feet, immediately adjacent to the easement areas designated as "DOT -Shaded Area Denotes A 20' Sanitary Sewer Easement Hereby Dedicated" and that certain "DOT -Shaded Area Denotes A Variable Width Sanitary Sewer Easement Hereby Dedicated" on the attached Street Dedication Plat. Bowman -Shoemaker hereby conveys the Sanitary Sewer Easements unto FCSA. The Sanitary Sewer Easements shall be exclusive, perpetual, appurtenant and permanent O w Q Michael L. Bryan 116 S. Braddock St. Winchester, VA easements or rights of way which shall run with the title to the Adjusted Bowman -Shoemaker Parcel #1 and Adjusted Bowman -Shoemaker Parcel #2 for the benefit of FCSA, its successors and assigns. The Sanitary Sewer Easements shall be subject to those certain terms and conditions set forth on Exhibit `B" attached hereto and incorporated herein by reference as if set out in full. (iii) Those certain temporary construction and permanent slope maintenance, drainage and ingress -egress easements, designated as "10' Temporary Construction And Permanent Slope Maintenance, Drainage And Ingress -Egress Easement Hereby Dedicated" on the attached Street Dedication Plat. Bowman -Shoemaker hereby grants and conveys the aforesaid easements unto Frederick County and its successors and assigns, which easements shall be non-exclusive, perpetual, appurtenant and permanent easements or rights of way which shall run with the title to the Adjusted Bowman -Shoemaker Parcel #1 and Adjusted Bowman -Shoemaker Parcel #2 for the benefit of Frederick County, its successors and assigns. (iv) That certain gas easement designated as "Hatched Area Denotes A 20' Easement Hereby Established" over a portion of Adjusted Bowman -Shoemaker Parcel 41 set forth on the attached Street Dedication plat (the "Gas Easement"). Bowman - hereby conveys the Gas Easement unto the Gas Company for purposes of laying, maintaining, operating, removing, replacing, altering, extending, repairing and or decreasing in size a gas pipe line or pipes lines, service pipes, valves, regulators accessory equipment (the "Equipment") in, through and across a portion of Adjusted Parcel #1. The Gas Easement shall be a non-exclusive, perpetual, and permanent easement or right of way which shall run with the title to Adjusted Parcel #1 for the benefit of the Gas Company. The Gas Easement shall subject to those certain terms and conditions set forth on Exhibit "C" attached hereto and herein by reference as if set out in full. (v) Those certain variable width permanent slope maintenance designated as "DOT -Shaded Area Denotes A Variable Width, Permanent Slope 0 W Michael L. Bryan 116 S. Braddock St. Winchester, VA Easement Hereby Dedicated" on the attached Street Dedication Plat. Bowman - hereby grants and conveys the aforesaid easements unto Frederick County and its and assigns, which easements shall be non-exclusive, perpetual, appurtenant and easements or rights of way which shall run with the title to Adjusted Bowman - Parcel #1 and Adjusted Bowman -Shoemaker Parcel 42 for the benefit of Frederick its successors and assigns. ALIZARIN EASEMENTS: Alizarin hereby creates and impresses that variable width permanent slope maintenance easement upon a portion of Alizarin 42, designated as "DOT -Shaded Area Denotes A Variable Width, Permanent Slope Easements Hereby Dedicated" on the attached Street Dedication Plat. Alizarin grants and conveys the aforesaid easement unto Frederick County and its successors assigns, which easement shall be a non-exclusive, perpetual, appurtenant and permanent or right of way which shall run with the title to Alizarin Parcel #2 for the benefit of County, its successors and assigns. 6. PERPETUAL EASEMENTS: The Easements created and impressed hereby be perpetual, appurtenant and permanent easements or rights of way which run with the to Adjusted Bowman -Shoemaker Parcel #l, Adjusted Bowman -Shoemaker Parcel #2 and Parcel #2. VACATION OF PORTION OF WATERLINE EASEMENT: Bowman - and FCSA hereby vacate a portion of the existing Vacated Waterline Easement, as "Hatched Portions of Existing Waterline Easement Per DB 696 PG 603 Hereby on the attached Street Dedication Plat. 8. FREDERICK COUNTY CONSENT: (a) Frederick County consents to the dedication of the Street Dedication Parcel Bowman -Shoemaker and the creation of the Bowman -Shoemaker Easements as set forth in 4, above, as evidenced by its execution of the attached Plat. (b) Frederick County consents to the dedication of the Alizarin Street Parcel by Alizarin and the creation of the Alizarin Easements as set forth in Michael L. Bryan 116 S. Braddock St. Winchester, VA 5, above, as evidenced by its execution of the attached Plat. 9. RETAINED USE: (a) Subject to the provisions of Exhibit "A", Exhibit "B" and Exhibit "C", hereby expressly retains the use of those portions of Adjusted Bowman - Parcel #1 and Adjusted Bowman -Shoemaker Parcel #2 subject to the Easements such manner as will not interfere with the purposes for which the Easements are created and hereby. (b) Alizarin hereby expressly retains the use of that portion of Alizarin Parcel subject to the Easements in such manner as will not interfere with the purposes for which Easements are created and impressed hereby. 10. SUCCESSORS AND ASSIGNS: The terms of this Deed of Street and Deed of Easements shall extend to and be binding upon the successors and of the respective parties hereto. WITNESS the following signatures and seals: BOWMAN -SHOEMAKER COMPANIES, INC. By: L d ,(YUA�, Paj), (SEAL) Beverley B. hoemaker, President ATE OF VIRGINIA, ,pp�-� fY/G913N-W OF i nLhg_z v The foregoing instrument was acknowledged before me on the may of t I , 2012, by Beverley B. Shoemaker, President of Bowman -Shoemaker nies, Inc., a Virginia Corporation. My Commission expires: 7 131 1 1Lj " NOTARY PUBLIC �` �Y • 2 ='s c ��� :�,.�i�WEA;,N�.. w L� ALIZARIN CRIMSON, LLC By: " 4J%m."(SEAL) Beverley IV Shoemaker, Manager ATE OF VIRGINIAS FY/eebNd•Y OF LNi Michael L. Bryan 116 S. Braddock St. Winchester, VA EXHIBIT "A" The Waterline Easements granted to FCSA herein shall be subject to the following and conditions: 1. The Waterline Easements shall be exclusive, permanent and perpetual waterline of way and easements 20 feet in width, and shall include a temporary construction 10 feet in width immediately adjacent thereto. 2. The Waterline Easements granted herein shall convey unto FCSA the perpetual and right to construct, install, lay, maintain, repair, add to, alter, replace, extend and present or future underground water lines and water mains, including manholes, fire valves, meters, building service connections and lines, and all other appurtenant lities necessary for the transmission and distribution of water through, upon and across a of Adjusted Bowman -Shoemaker Parcel #1 and Adjusted Bowman -Shoemaker Parcel as shown on the Street Dedication Plat, and includes the right to go on, over and upon said Easements for the purpose of installing, laying, maintaining, repairing and replacing same as needed. 3. The temporary construction easement granted to FCSA herein shall include the to enter upon Adjusted Bowman -Shoemaker Parcel #1 and Adjusted Bowman - Parcel 42 to the extent necessary for and during the original construction, and laying of said water lines and water mains. Said temporary construction to expire and to become null and void upon completion of construction of said water and water mains and the acceptance thereof by FCSA. 4. The Waterline Easements granted to FCSA herein are subject to the following and conditions: (i) All water lines, water mains and appurtenant facilities which are installed in the and perpetual Waterline Easements shall be and remain the property of FSCA, its and assigns. (ii) FCSA and its agents shall have full and free use of said Waterline Easements the purposes named herein, and shall have all rights and privileges reasonably necessary to Im the exercise of the Waterline Easements. In the event FCSA is unable reasonably to exercise Ithe right of ingress and egress over the Waterline Easements (including the temporary construction easements) FCSA shall have the right of ingress and egress over the land of Bowman -Shoemaker adjacent to the Waterline Easements in order to access the Waterline Easements; provided, however, that this right to use such adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow FCSA to erect any building, structure or facilities on such adjoining land. (iii) FCSA shall have the right to trim, cut and remove trees, shrubbery, fences, istructures or other obstructions of facilities in or near the easements being conveyed deemed Eby FCSA to interfere with the proper and efficient construction, operation and maintenance of water lines, water mains and appurtenant facilities; provided, however, that FCSA, at its expenses, shall restore, as nearly as possible, to their original condition all land or included within or adjoining said Waterline Easements which are disturbed in any by the construction, operation and maintenance of said water lines, water mains and facilities. Such restoration shall include the backfilling of trenches and the re - of lawns or pasture areas, but shall not include the replacement of structures, fences, shrubbery and other facilities located within the area of the Waterline Easements. (iv) Bowman -Shoemaker shall retain the right to use its land which is subject to Waterline Easements conveyed herein in any manner which shall not interfere with the use enjoyment of said easement rights by FCSA. Bowman -Shoemaker shall all times have the to cross over and upon said Waterline Easements and to use the surface over the said Easements in such a manner as will neither injure nor interfere with the operation or maintenance of the water lines and water mains except that no or other permanent or temporary structure shall be erected over said permanent and Waterline Easements. Michael L. Bryan 116 S. Braddock St. Winchester, VA 11 V C� G-' EXHIBIT "B" The Sanitary Sewer Easements granted to FCSA herein shall be subject to the terms and conditions: 1. The Sanitary Sewer Easements shall be exclusive, permanent and perpetual sanitary rights of way and easements 20 feet in width, and shall include a temporary construction 10 feet in width immediately adjacent thereto. 2. The Sanitary Sewer Easements granted herein shall convey unto FCSA the and perpetual right to construct, install, lay, maintain, repair, add to, alter, replace, and operate present or future underground sanitary sewer lines, including building lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary the collection of sanitary sewage and its transmission through, upon and across a portion of Bowman -Shoemaker Parcel #1 and Adjusted Bowman -Shoemaker Parcel 42 as on the Street Dedication Plat, and includes the right to go on, over and upon said Sewer Easements for the purpose of installing, laying, maintaining, repairing and the same as needed. 3. The temporary construction easement granted to FCSA herein shall include the to enter upon Adjusted Bowman -Shoemaker Parcel #1 and Adjusted Bowman - Parcel 92 to the extent necessary for and during the original construction, and laying of said sanitary sewer lines. Said temporary construction easement to and to become null and void upon completion of construction of said sewer lines the acceptance thereof by FCSA. 4. The Sanitary Sewer Easements granted to FCSA herein are subject to the following and conditions: (i) All sanitary sewer lines and appurtenant facilities which are installed in the and perpetual Sanitary Sewer Easements shall be and remain the property of FSCA, successors and assigns. Michael L. Bryan 116 S. Braddock St. Winchester, VA 12 Michael L. Bryan 116 S. Braddock St. Winchester. VA (ii) FCSA and its agents shall have full and free use of said Sanitary Sewer Easements for the purposes named herein, and shall have all rights and privileges reasonably necessary to the exercise of the Sanitary Sewer Easements. In the event FCSA is unable to exercise the right of ingress and egress over the Sanitary Sewer Easements (including the temporary construction easement) FCSA shall have the right of ingress and over the land of Bowman -Shoemaker adjacent to such Sanitary Sewer Easements in to access the Sanitary Sewer Easements; provided, however, that this right to use such land shall be exercised only during periods of actual construction or maintenance, further, this right shall not be construed to allow FCSA to erect any building, structure or Facilities on such adjoining land. (iii) FCSA shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions of facilities in or near the easements being conveyed deemed )y FCSA to interfere with the proper and efficient construction, operation and maintenance of Said sanitary sewer lines and appurtenant facilities; provided, however, that FCSA, at its own -xpenses, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining said Sanitary Sewer Easements which are disturbed in any nanner by the construction, operation and maintenance of said sewer lines and appurtenant facilities. Such restoration shall include the backfilling of trenches and the re -seeding of or pasture areas, but shall not include the replacement of structures, fences, trees, and other facilities located within the area of the Sanitary Sewer Easements. (iv) Bowman -Shoemaker shall retain the right to use its land which is subject to Sanitary Sewer Easements conveyed herein in any manner which shall not interfere with use and enjoyment of said easement rights by FCSA. Bowman -Shoemaker shall all times e the right to cross over and upon said Sanitary Sewer Easements and to use the surface r the said Sanitary Sewer Easements in such a manner as will neither injure nor interfere the construction, operation or maintenance of the sanitary sewer lines except that no or other permanent or temporary structure shall be erected over said permanent and Sanitary Sewer Easements. 13 CD w EXHIBIT "C" The Gas Easement granted to the Gas Company as set forth herein shall be subject to following terms and conditions: 1. The Equipment shall be and remain the property of the Gas Company. 2. The Gas Company and its agents shall have full and free use of the Gas Easement the purposes named, including the right of access to and from the Gas Easement; and, in the Gas Company shall have the right during the period of original construction of Gas Equipment, to use additional space, as needed, for construction use only. 3. The gas pipeline and service pipes shall be installed below cultivation and and accessory equipment may be above the surface. Bowman -Shoemaker reserves right to construct and maintain private roadways and fences over the Gas Easement and to any use of the Gas Easement herein granted not inconsistent with the rights herein to the Gas Company or with the use of the Gas Easement by the Gas Company for purposes named. Uses inconsistent with the Gas Easement include, but are not limited to, erection of any building or other structure within the Gas Easement, the making of a fill or excavation on the Gas Easement, or the inundation of the Gas Easement, without written of the Gas Company. 4. The Gas Company shall have the right to trim, cut, and remove trees, shrubbery, structures, or other obstructions of facilities in the Gas Easement deemed by the Gas to interfere with the proper and efficient use of the Gas Easement for the purposes provided, however, the Gas Company at its own expense shall restore, as nearly as the property to its original condition, including the backfilling of trenches, the of fences, and the reseeding of lawns or pasture areas, but not the replacement of trees, or other obstructions. 5. Bowman -Shoemaker warrants generally the Gas Easement and will execute such assurances thereof as the Gas Company may request. Michael L. Bryan 116 S. Braddock St. 6. The Gas Company shall pay Bowman -Shoemaker actual damages that may arise Winchester, VA the original construction, maintenance, replacement, operation and removal of the 14 Equipment. NOTICE TO LANDOWNER: You are conveying rights to a public service ;orporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being -onveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire 116 South Braddock Street Winchester, Virginia 22601 540/545-4130 Deeds\Renaissance Street Dedication 4/25/12 Michael L. Bryan 116 S. Braddock St. Winchester, VA 15 0 Z_ C� FINAL PLAT FOR LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION OF THE LAND OF BOWMAN -SHOEMAKER COMPANIES, INC AND ALIZARIN CRIMSON, LLC RENAISSANCE DRIVE BACK CREEK MAGISTERAL DISTRICT, FREDERICK COUNTY, VIRGINIA DECEMBER 2, 2011 REVISED: APRIL 10, 2012 Exit 310 0 & 0 ry 91 uggK . . ..... .. ode Rd ORLY q11 i VIC71VFFY MAP Bartonville 1" = 2,000' SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION SURVEY IS (i) ALL OF THE LAND CONVEYED TO JASB0, INC. BY DEED DATED APRIL 20, 2005 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE AS INSTRUMENT No. 050014247 (THE SAID JAS60, INC. HAVING SINCE CHANGED THE NAME OF THE CORPORATION TO BOWMAN -SHOEMAKER COMPANIES, INC., AS EVIDENCED BY A CERTIFICATE OF CHANGE OF NAME DATED NOVEMBER 7, 2007 OF RECORD IN SAID CLERKS OFFICE AS INSTRUMENT No. 070017J67), (d) ALL OF THE LAND CONVEYED TO ALIZARIN CRIMSON LLC BY DEED DATED JANUARY 12, 2006 OF RECORD IN SAID CLERKS OFFICE AS INSTRUMENT No. 060001096, (iii) ALL OF "ADJUSTED TAX PARCEL 75-A-2Cm AS ESTABLISHED BY DEED AND DEED OF BOUNDARY LINE ADJUSTMENTS AND EASEMENT DATED FEBRUARY 10, 2011 OF RECORD IN SAID CLERKS OFFICE AS INSTRUMENT No. 110001988, BEING ALL OF THE LAND CONVEYED TO BOWMAN -SHOEMAKER COMPANIES INC. BY THE AFORESAID DEED AND ALL OF THE REMAINING LAND CONVEYED TO JASBO, INC (NOW KNOWN AS BOWMAN -SHOEMAKER COMPANIES, INC, AS NOTED ABOVE) BY TWO DEEDS, BOTH DATED MARCH 2, 2005, OF RECORD IN SAID CLERKS OFFICE AS INSTRUMENTS No. 050004465 AND 050004466, AND (iv) ALL OF -ADJUSTED TAX PARCEL 75 -A -2R" AS ESTABLISHED BY DEED AND DEED OF BOUNDARY LINE ADJUSTMENTS AND EASEMENT DATED FEBRUARY, 10, 2011 OF RECORD IN SAID CLERKS OFFICE AS INSTRUMENT No. 110001988, BEING ALL OF THE LAND CONVEYED TO ALIZARIN CRIMSON, LLC BY THE AFORESAID DEED AND BY DEED DATED JULY 18, 2006 OF RECORD IN SAID CLERKS OFFICE AS INSTRUMENT No. 060013844. RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION (i) T.M. 75-A-2 79548 ACRES ZONE: B2 USE: VACANT (#) T.M. 75 -A -2B 2.8942 ACRES ZONE: 82 USE: COMMERCIAL (N) T.M. 75 -A -2C 9.4806 ACRES ZONE: B2 USE- VACANT (iv) T.M. 75-A-21? 1.6927 ACRES ZONE: BJ USE: VACANT APPROVALS.• tjTH pl,P DA T FREDERICK COUNTYSAIVIAT16NATHORITY E q -7D A TION VIRGIN14 D ARTM'ENT OE TRANSPORT NT ? RICHARD A. EDENS I 2 ' My;;E! 4 0 >_ Lic. No. 2550 71EDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE GREENWAY ENGINEERINGg INC. S U 11-4 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 4613 SHEET I OF FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com ESMT 11-14 w OWNER'S CERTIFICATE THE ABOVE AND FOREGOING LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION OF THE LANDS OF BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. BOWMAN -SHOEMAKER COMPANIES, INC. By. BEVERIr B. SHOEMAKER, PRESIDENT ALIZARIN CRIMSON, LLC By' 16 t.. ,..,. ,r BEVERLEY 8. SHOEMIKER, MANAGER COMMONWEALTH OF VIRGINIA CITY/ 606W -TY OF W i r? h25 , TO WIT: THE FOREGOING OWNERS CERTIFICATE W S ACKNOWLEDGED BEFORE ME THIS aL 4. DAY OF 20� BY BEVERLEY B. SHOEMAKER. AS PRESIDENT OF BOWMAN-SHOEMA MY COMMISSION EXPIRES 20 I REGISTRATION No. 13 8Ny AREA TABULAAON TAX PARCEL 75-A-2 IRF = EXISTING AREA OF T.M. 75-A-2 = Z9548 ACRES LESS RENAISSANCE DRIVE _ - 0.6316 ACRES PLUS PORTION OF T.M. 75 -A -2B = + 0.0078 ACRE ADJUSTED AREA OF T.M. 75-A-2 = 7.3310 ACRES TAX PARCEL 75 -A -2B = FENCE LINE EXISTING AREA OF T.M. 75 -A -2B = 2.8942 ACRES LESS RENAISSANCE DRIVE _ - 0.6218 ACRES LESS PORTION TO T.M. 75-A-2 = - 0.0078 ACRE LESS PORTION TO T.M. 75 -A -2C = - 2.2646 ACRES REMAINING AREA OF T.M. 75-A-26 = 0.0000 ACRES TAX PARCEL 75 -A -2C EXISTING AREA OF T.M. 75 -A -2C = 9.4806 ACRES LESS RENAISSANCE DRIVE _ - 1.3431 ACRES PLUS PORTION OF T.M. 75 -A -2B = + 2.2646 ACRES ADJUSTED AREA OF T.M. 75 -A -2C = 10.4021 ACRES RENAISSANCE DRIVE RIGHT OF WAY DEDICATION PORTION OF T.M. 75-A-2 = 0.6316 ACRE PORTION OF T.M. 75-A-28 = + 0.6218 ACRE PORTION OF T.M. 75 -A -2C = + 1.3431 ACRES TOTAL AREA OF DEDICATION = 2.5965 ACRES FINAL PLAT FOR LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION OF THE LAND OF BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, v.r..NFA - MV COMMISSION c S o2i'• �� -�Q': R '' o�wEh NOTARY PUBLIC o DENOTES 1/2" IRON REBAR & CAP SET (UNLESS OTHERWISE NOTED) o IRF = 1/2" IRON REBAR FOUND (UNLESS OTHERWISE NOTED) = OVERHEAD UTILITY WIRES —� = FENCE LINE BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE CO = SANITARY SEWER CLEANOUT -8^ FH = FIRE HYDRANT - GM = GAS LINE MARKER POST • GV = GAS VALVE 0 MH = SANITARY SEWER MANHOLE o NFP = NAIL FOUND IN POST o PP = POWER/TELEPHONE POLE - SD = SATELLITE DISH ANTENNA • SP = SUMP PUMP " SS = SEPTIC SYSTEM STRUCTURE " SV = SPRINKLER VALVE TR = TRANSFORMER CABINET TP = TELEPHONE PEDESTAL a WW = WATER METER WV = WATER VALVE • YH = YARD HYDRANT REVISED: APRIL 10, 2012 BACK CREEK SCALE. _0__ Founded in 1971 RENAISSA NCE ®RIVE LLC FREDERICK COUNTY, VIRGINIA DATE: DECEMBER 2, 2011 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 www.greenwayeng.com ,TH RICHARD A. EDENS 11c. No. 2550 4-ro-fZ 14613 SHEET 2 OF 9 1 F ARC = 97.76' 20' WATERLINE EASEMENT SEE SHEET 7 FOR DETAIL OB 69 MENT PG 60� DOT—SHADED AREA c >. DENOTES A VARIABLE �.:,:. WIDTH, PERMANENT�`I.: C SLOPE MAINTENANCE I :':':� EASEMENT HEREBY 0t- / DEDICATED. Si N'V II Q/ � C4 f ^h h � i � I EXISTING LOT LINES HEREBY VACATED I / ADJUSTED TAX PARCEL 75-A-2) SEE SHEET 6 WM I PP 10' TEMPORARY CONSTRUCTION AND , PERMANENT SLOPE MAINTENANCE, DRAINAGE AND INGRESS -EGRESS EASEMENT HEREBY / DEDICATED. / /FH GV/ / ,m ISD wv MATCH TO SHEET 4 ( / CARLTON R. NEWUN / � DB 974 PG 1699 y, ZONE. 83 USE. COMM. 20' WATERLINE EASEMENT SEE SHEET 7 FOR DETAIL h HATCHED AREA DENOTES A 20' GAS EASEMENT HEREBY ESTABLISHED. r-WM 91%0 RENAISSANCE DR/VE VARIABLE WIDTH STRIP CONTAINING 2.5965 ACRES HEREBY DEDICATED 1 TO FREDERICK COUNTY FOR { app PUBLIC STREET PURPOSES. S17 PV,1 PP p916308 Of 295 ] w I� ADJUSTED r TAX PARCEL 75—A-2 SEE SHEEP 5 U / U 1 DOT—SHADED AREA U DENOTES A VARIABLE I/Q MANENT SLOPE MAINTENANCE h { EASEMENT HEREBY DEDICATED. NO p.'PP ....10� ] CgRP L10'�S �6 X.00• OB 614 p 6,?;;, ENT PP *4f SEE SHEET 8 FOR DETAIL OF SANITARY SEWER EASEMENTS ALSO DEDICATED ALONG THIS SEGMENT. `a SyEO 411.3 Z9 C70 0. 34, Ap 80, ;,QpU EKE DB 165PG S�7 SHEET 2 FOR LEGEND AND AREA TABULATION. SEE SHEET 9 FOR LINE DATA, CURVE DATA, EASEMENT UNE DATA AND NOTES. PROSPER/ 9p TO 100 0 100 R>F �R 9 - GRAPHIC SCALE (IN FEET) RNAL PLAT FOR LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION OF THE LAND OF BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC RENAISSANCE ®RIVE BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE 1" = 100' 1 DATE DECEMBER 2, 2011 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, I/irginia 22602 Surveyors Telephone: (540) 662-4185 FAX., (540) 722-9528 Founded in 1971 www.greenwayeng.com 10, '`(29..Q 4'i - RICHARD A. EDENS Lic. No. 2550 4-10,11 „ I 4613 SHEET 3 OF 9 1 W 65' POWER RIGHT OF WAY DB 583 PG 585- & DB 582 PG 495 T.M. 74-A-71 JUDITH BRIM CATES, ET AL DB 453 PG 35 & DB 755 PG 491 SEE INST. No. 000013515 & INST No. 110001988 ZONE. RA & B3 USE: AGRI. 20' TEMP. GRADING EASEMENT SERVING TM 75 -A -2C INST. No. 110001988 OR/C/NAffY {y/NC �S & -9.4 gDAD lY/p`VAR�fE R4SgURG Og� PG �6/{yR9/Gp�O C,OMP,91VY 20' TEMP. GR4DING EASEMENT SERVING TM. 74-A-71 INST. No. 110001988 I I � \ I � I DOT -SHADED AREA DENOTES' A VARIABLE WIDTH, PERMANENT SLOPE MAINTENANCE E4SEMENT� HEREBY DEDICATED. 1 WIRE FFNCE L6 I N 52758132" W 1: ; .. 3521.62'_----4L' I . ^ �I ADJUSTED (.: f.. 1 (TAX PARCEL 75 -A -2C 1 INN N et I 1 SEE SHEET 6 /(J h W 10' TEMPORARY CONSTRUCTION ��.::, zt �I AND PERMANENT SLOPE MAINTENANCE, DR41NAGE AND INGRESS -EGRESS EASEMENT F'1: hl HEREBY DEDICATED. �j:{ 40.00' 40.00' �1 RENAISSANCE DRIVE "I14. VARIABLE WIDTH STRIP'` `� I CONTAINING 2.5965 ACRES I HEREBY DEDICATED TO FREDERICK COUNTY FOR PUBLIC STREET PURPOSES 13 36.4 f` GORE AREA 14 f SEE INST. No. 110001988 T.M. 75 -A -2H CARLTON R. NEWLIN DB 974 PG 1699 ZONE: B3 USE: COMMERCIAL MATO. 70 S.EET 3 100 0 100 NOTE GRAPHIC SCALE (IN FEET) SEE SHEET 2 FOR LEGEND AND AREA TABULATION. SEE SHEET 9 FOR LINE DATA, CURVE DATA, EASEMENT LINE DATA AND NOTES. FINAL PLAT FOR LOT CONSOLIDATION AND REVISED: APRIL 10, 2012 RIGHT OF WAY DEDICATION OF THE LAND OF ALTs of BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC 1.ti� Pj, RENAISSANCE DRIVE LACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE. 1" = 100' 1 DATE., DECEMBER 2, 2011 Founded in 1971 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 www.greenwayeng.com -0j.QA.-Qk. RICHARD A. EDENS Lic. No. 2550 4613 -G- TAX PARCEL IZ 75-A -2R o ro� 1.6927 ACRES Q) `Moir o�Lo� ^/ m 1 DOT -SHADED AREA I ^ 1 -2 Q W DENOTES A m Q o h r o y I VARIABLE WIDTH, co o IPERMANENT SLOPE ~ m MAINTENANCE N 2 y EASEMENT HEREBY I? e 2 W 9 DEDICATED.a y.. 112 S11 b` a . No 3= 20' UTILITY EASEMENT �S12 ..; :: ''�— _ F: r DB 841 PG 1341 180 r .90:....::u L L15 aTR 7Pt---- NS= 60013387 EA/TY VA ROUTE 11299 DB 841 pG 1341 20' UTILITY \ EASEMENT DB 841 PG 1341 20' TELEPHONE EASEMENT DB 955 PG 1556 T.M. 75 -A -2H CARLTON R. NEWLIN DB 974 PG 1699 ZONE: B3 USE: COMMERCIAL MATO. 70 S.EET 3 100 0 100 NOTE GRAPHIC SCALE (IN FEET) SEE SHEET 2 FOR LEGEND AND AREA TABULATION. SEE SHEET 9 FOR LINE DATA, CURVE DATA, EASEMENT LINE DATA AND NOTES. FINAL PLAT FOR LOT CONSOLIDATION AND REVISED: APRIL 10, 2012 RIGHT OF WAY DEDICATION OF THE LAND OF ALTs of BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC 1.ti� Pj, RENAISSANCE DRIVE LACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE. 1" = 100' 1 DATE., DECEMBER 2, 2011 Founded in 1971 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 www.greenwayeng.com -0j.QA.-Qk. RICHARD A. EDENS Lic. No. 2550 4613 -G- T.M. 75—A-2H T.M. 75—A-21 I CARLTON R. NEWLIN GRAYSTONE CORPORATION OF VIRGINIA DB 974 PG 1699 INST. No. 000013357 Q�5 ZONE. B3 SEE INST. No. 090011513 OF ti9 CL ZONE.- BJ QG USE: COMMERCIAL �Og��6 0 x_20' U77L111 EASEMENT DB 841 PG 1341 N 35024'19" E 531.82' i 19.30' IRF 19.30, FENCE L21 -- oIRS - . S14 o 20' WATERLINE EASEMENT N �i Im SEE SHEET 7 FOR DETAIL PP PP WELL h o I' 515 CAP 1I Q mz I►... HATCHED AREA DENOTES zi A 20' GAS EASEMENT IWM HEREBY ESTABLISHED.LU cnc NN ` 3 �O PP h uj PP 2 I3 m� S17 ADJUSTED sv m�PP TAX PARCEL r�RETAINING 75-A-2 WALL R� S18 PP o )r 7.3310 ACRES sP 5 �2 9e A.:.::..i w 2 C� Z' obi W EXlS77NG / m ROOF DRAIN/ m N W o T LINES�::::: LOHEREBY ` OUTLET Qj v N In DOT-SHADED AREA ENCROACHES 5.4' o d y :::::\ ^ 2 VACATED DENOTES A VARIABLE 2° WIDTH, PERMANENT m SLOPE MAINTENANCE ~ 2 m EASEMENT HEREBY CO 2 Q I Q I DEDICATED. 2 v> o n PP 20' SEWER -CO I CARPORT & ACCESS PP E] rSfg EASEMENT I DB 696 PG 136 PP SHED WELL I L19 50' BRL CAP CO PP l 7.38' L 17 SV L18 L16 -PP -- ---- - — ------------ PP o TP PP MH PP IRF 190,E TO SSEESHEET 2 FOR LEGEND AND AREA TABULATION. VALLEY PIKE PROSPERITY DRIVE SEE SHEET 8 FOR DETAIL OF SANITARY WE 1129 U.S ROUTE 11 SEWER EASEMENT ALSO DEDICATED OVER 100 0 100 ADJUSTED TAX PARCEL 75-A-2. 80' R/W - DB 165 PG 77 SEE SHEET 9 FOR LINE DATA, CURVE DATA, EASEMENT UNE DATA AND NOTES. GRAPHIC SCALE (IN FEET) FINAL PLAT FOR LOT CONSOLIDATION AND REVISED: APRIL 10, 2012 RIGHT OF WAY DEDICATION OF THE LAND OF p,LTH pA, BOWMAN-SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC RENAISSANCE DR/VE LACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA RICHARD A. EDENS a Lic. No. 2550 SCALE.- 1" = 100" 1 DATE.- DECEMBER 2, 2011 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane �Qttr°4 d Engineers Winchester, Virginia 22602 SUIIN Surveyors Telephone: (540) 662-4185 4613 SHEET 5 OF 9 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com ESMT 11-14 WIRE FENCE IRF, y i U x 5 ZZ v Sncxs I nW�h ti�2m, 0302 �o H j 20' TEMP. GRADING EASEMENT 1 L22 IRF SERNNG F.M. 75-A -2C--- PORTION OF ��x--o— INST No. 110001988 I t ADJUSTED TAX \ \ o'`� O I PARCEL fJ `` 75 -A -2C C 10 SEE SHEET 4 1 \o/p iso C12 C DOT -SHADED AREA `t DENOTES A VARIABLE WIDTH, PERMANENT SLOPE::: Q MAINTENANCE EASEMENT j I 0011 HEREBY DEDICATED. I lU O h 0`41 am ADJUSTED TAX �t:t i PARCEL 75 -A -2C }j 10.4021 ACRES 10 TEMPORARY CONSTRUCTION AND PERMANENT SLOPE m MAINTENANCE, DRAINAGE AND M INGRESS -EGRESS EASEMENT HEREBY DEDICATED. R\ 20' WATERLINE WVr4p� EASEMENT WMi MH 11 f SEE SHEET 7 FOR DETAIL I TP 20' WATERLINE I S3f EASEMENT --i I� DB 696 PG 603 I -----J L --S2 3/4"o x 2' 7 x - IRF I S 35'32'35" W 225.00' SEE E SSHEET 2 FOR LEGEND AND AREA TABULATION. SEE SHEET 8 FOR DETAIL OF SANITARY SEWER EASEMENT ALSO DEDICATED OVER ADJUSTED TAX PARCEL 75 -A -2C. SEE SHEET 9 FOR UNE DATA, CURVE DATA, EASEMENT LINE DATA, KEY TO ADJOINING PROPERTY OWNERS AND NOTES. s�2U S W�L m 11 Q. X30 �' • ~020 J o� UQ 3/4" 1 IRF I U 3 h 2 0 NIN C14 FH p TR n GVI w CO `} T.M. 75 -A -2H `v CARLTON R. NEWLIN DB 974 PG 1699 Ln ZONE: B3 W USE. COMMERCIAL W m ARC = 97.76' EXISTING LOT /LINES HEREBY VACATED WM .YH \ of L24 u III,1 50' BRL app SIGN L27 7 150 0 150 10' GAS EASEMENT] VALLEY PIKE GRAPHIC SCALE DB 674 PG 677 U.S. ROUTE 11 (IN FEET) 80' R/W - DB 165 PG 77 FINAL PLAT FOR LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION OF THE LAND OF BOWMAN -SHOEMAKER COMPANIES, INC. AND AUZARIN CRIMSON, LLC QACK CREEK SCALE.' Founded in 1971 RENAISSANCE DRIVE FREDERICK DATE.' DE DOT -SHADED AREA DENOTES A VARIABLE WIDTH, PERMANENT SLOPE MAINTENANCE EASEMENT HEREBY DEDICATED. II L26 677't TO PROSPERITY DRIVE RTE. 1129 10, 201 NH VRGINIA u&C�RAiA� DE NS a 2011 Lic. No. 2550 GREENWAY ENGINEERING) INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 www.greenwayeng.com 46 4-10-12 ESMT 11- C SEE SHEET 2 FOR SCALE.• 1 " = 50' LEGEND AND AREA TABULATION. 80.00' I SEE SHEET 9 FOR LINE DATA, CURVE I T.M. 75–A -2H DATA, EASEMENT LINE Co W I CARLTON R. NEWLIN DATA, KEY TO DB 974 PG 1699 ADJOINING PROPERTYv I ZONE.- B3 OWNERS AND NOTES. Y �g5 ' I USE. COMMERCIAL LU !�F'��p6 � VG p8 20' U77LITY EASEMENT �— DB 841 PG 1341 CN N oy 20.0111 N_ 35'24'19" E 1 w6 531.82' o ARC = 11.28' "2 r77 W I :':::':: ARC = 29.16, 13 Q I Cd.......:W4 W DOT–SHADED AREA DENOTES A 20' DOT–SHADED AREA I::: ; :::::� I WATERLINE EASEMENT DENOTES A 20'�I:::: HEREBY DEDICATED. WATERLINE EASEMENT HEREBY DEDICATED. _ N N ¢(TP, EXISTING LOT LINES HEREBY TR J'N VACATED h x HATCHED PORTIONS OF f: I FH ~ h W EXIS77NG WATERLINEGV I ^ a EASEMENT PER I:♦'::. '� DB 696 PG 603 I `' HEREBY VACATED. I I. WM A .. w I 20' WATERLINE EASEMENT DB 696 PG 603 _ --------- 5 n _ _wV _ _ UD HATCHED POR770N OF =r — — — - EXISTING WATERLINE T _ EASEMENT PER vI �j DB 696 PG 603 I I `I I` EXIS77NG LOT c N �+ HEREBY VACATED. ¢i ¢i LINES HEREBY o I I ¢ N I n VACATED D to- PP I4 oYH 50 0 50 0 SD GRAPHIC SCALE \1L (° (IN FEET) I FINAL PLAT FOR LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION OF THE LAND OF BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC RENA/83,4NCE ®RIVE Founded in 1971 DA TE.- VIRGINIA 2011 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 www.greenwayeng.com 10, 2012 TH RICHARD A. EDENS a Lic. No. 2550 W012M .q ADJUSTED TAX PARCEL 75 -A -2C SEE SHEET 6 /lJ DOT -SHADED AREA I DENOTES A 20' SS3 SANITARY SEWER EASEMENT HEREBY �� 9- C DEDICATED. 1n1::<:.I SSl L27o 28.06' 94.00' 6.92' 8.07' U� O J OVERHEAD UTILITY W/RES VALLEY pIXE 80'_ ROUTE 11 RI - DB 165 PG 77 SANITARY SEWER EASEMENT LINE DATA LINE BEARING DISTANCE S51 S 3524'09' W 7.50' SS2 N 54'3551 ' W 20.00' SS3 N 35'24'09' E 22.50' S54 N 3524'09' E 18.47' SS5 N 6717'41 ' E 66.76' SS6 S 56'26'11' E 2.69' 1VG OB (ADJUSTED TAX PARCEL 75-A-2� SEE SHEET 5 / DOT -SHADED AREA DENOTES A VARIABLE '4 WIDTH SANITARY SEWER EASEMENT HEREBY DEDICATED. CS36 \��......_.�-- L17 S 3522.09' W 487.34' 50 0 50 GRAPHIC SCALE (IN FEET) N07E SEE SHEET 2 FOR LEGEND AND AREA TABULATION. SEE SHEET 9 FOR LINE DATA, CURVE DATA, EASEMENT LINE DATA, KEY TO ADJOINING PROPERTY OWNERS AND NOTES. FINAL PLAT FOR LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION OF THE LAND OF BOWMAN—SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC RENAISSANCE ®RIVE MAGISTERML DISTRICT, FREDERICK COUNTY, VIRGINIA I" = 50' 1 DATE. DECEMBER 2, 2011 GREENWAY ENGINEERING, mc. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com 10, 2012 RICHARD A, EDENS a Lic. No. 2550 ,3 CD G CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 25'13'J50 762.00' 335.49' 170.51' N 6712'44" W 332.79' C2 26'50'59' 762.00' 357.09' 181.88' N 66'24'02' W 353.83' C3 25'0639' 708.00' 310.29' 157.68' N 6716'12' W 307.82' C4 03'5848" 816.00' 56.68' 28.35' N 7750'07" W 56.67' C5 21'5139' 802.00' 306.00' 154.88' N 6J5421" W 304.14' C6 26'5059" 722.00' 338.34' 172.34' S 6624'02" E 335.25' C7 20'09'45" 802.00' 1 28223' 142.59' S 69'4439" E 280.77' C8 20'09'45" 802.00' 1 28223' 142.59' N 694439" W 280.77' C9 26'50'59" 722.00' 338.34' 172.34' N 66'24'02' W 335.25' C10 06'51'06' 428.28' 51.22' 25.64' N 69'26'18" E 51.19' C11 2735:18' 330.00' 158.93' 81.04' N 5751'50" E 157.40' C12 82'57 27" 25.00' 36.20' 22.10' N 85'32'45' E 33.12' C13 21'51:19 802.00' 306.00' 154.88' S 6J54'21 ' E 304.14' C14 ' 816.00' 6' 30747' 56.6 7' C75 06;19' 310.29' 57 .68 ' '7' 6'0035848" S708.00' 71612 E 307.82' WATERLINE EASEMENT CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH WCl 14'44'07" 822.00' 211.40' 106.29' 1 N 61'08'56' W 210.82' LINE DATA LINE BEARING DISTANCE L 1 N 54'35 57" W 54.93' L2 N 543745" W 8.40' L3 N 1743'30" W 60.00' L4 S 35'24'03' W 14.00' L5 N 30'50'43" W 19.97' L6 N 3701'28" E 80.00' L7 S 62'03'260 E 69.95' L8 N 78'42'43' E 52.48' L9 S 54'35'57" E 7.50' L10 N 3524'03" E 169.16' L11 N 3958'06" E 158.55' L12 N 4705 23' E 81.25' L 13 N 4705'2,30 E 47.99' L14 N 48'21 56' E 135.69' L15 S 44'09 21 ' W 223.20' L16 S 39'58'06' W 158.55' L17 S 35'24'03' W 169.16' L18 N 543557" W 7.50' L19 S 784243' W 52.48' L20 N 62'03'26" W 69.95' L21 N 52'5832" W 0.82' L22 I N 38'03'26" E 54.32' L23 N 71'39 J9" E 140.66' L24 S 30'50'43' E 19.97' L25 N 3524'03' E 14.00' L26 S 17'4330" E 60.00' L27 S 543745" E 8.40' L28 35'22'09 S35-22 09 W 30747' NOTES 1. THE BOUNDARY INFORMATION SHOWN ON THIS PLAT IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO 777LE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. SLOPE MAINTENANCE EASEMENT LINE DATA LINE BEARING DISTANCE S1 S 24'1920m W 20.00' S2 N 65'40'40' W 176.98' Si N 58'43'20" W 29.69' S4 N 14'4320" W 27.79' S5 S 76'28'35' W 25.90' S6 N 525832" W 39.25' S7 N 61'1526" W 101.87' S8 N 51'14'45" W 172.42' S9 N 370128' E 29.76' S10 S 55'32'46' E 2754' S11 N 58'1822" E 64.52' S12 N 43'48'18" E 72.61' S13 S 84'00'09" E 31.60' S14 S 54'2847" E 45.48' S15 S 624829' E 118.39' S16 S 7555'18' E 110.23' 517 S 81'43'27' E 73.56' SIB S 70'3234" E 174.47' S19 S 61'58'48" E 20341' WATERLINE EASEMENT UNE DATA LINE BEARING DISTANCE W1 S 525832" E 10.01' W2 N 35'30'16" E 11.73' W3 S 54'29'440 E 20.00' W4 S 35'30'16" W 31.68' W5 S 3348'14" W 20.48' W6 N 36' 13'07' E 20.00' KEY TO ADJOINING PROPERTY OWNERS T.M. 74-A-71 JUDITH BRIM CATES, ET AL A DB 453 PG 35 & DB 755 PG 491 SEE INST. Nos. 000013515 & 110001988 ZONE. RA USE. AGRICULTURAL FINAL PLAT FOR LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION OF THE LAND OF BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC BACK CREEK SCALE: Founded in 1971 RENAISSANCE DRIVE DA TE: ,TH VIRGIN14 �� RICHARD A. EDENS 2011 1 Lic. No. 2550 GREENWAY ENGINEERING, iNc. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 www.greenwayeng.com -1012 - VIRGINIA: FR,.DERICK COUNTY.SCT. This instrument of writin., was produced to me on l ac., ao►-;:t, .a, i a= \b Pry and with ceti:i`r•:;, ;��I ment thereto annexed was dZ""ttc�����,_,�,;; ,i hi�,.�„sed by Sec. 58.1-802 of $ � , and5,ti.1-p;UI have been paid, if assessable. 4&e4 �/ , Clerk