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HomeMy WebLinkAbout05-17 Deed170013055 ^ �J THIS DEED OF DEDICATION, SUBDIVISION, EASEMENTS, c CONVEYANCE and COVENANTS (the "Dedication"), made and dated this 2-1 day of — I o.i Fim Z , 2017, by and between FREETOWN, LLC, a Virginia limited liability company, hereinafter called the "Freetown," or "Declarant," party of the first part, and the COUNTY OF FREDERICK, VIRGINIA, hereafter called the "County", FREDERICK COUNTY SANITATION AUTHORITY d.b.a. FREDERICK WATER, a body corporate and politic ("the Authority") and FREEDOM CROSSING COMMUNITY ASSOCIATION, an association formed pursuant to the Virginia Property Owners Association Act ("Freedom Crossing Association"), parties of the second part. OWNERSHIP OF LAND WHEREAS, Freetown is owner in fee simple of a parcel of land identified as All of those certain lots or parcels of land containing in the aggregate 55,541 sq. ft., lying and being situate in Opequon Magisterial District, Frederick County, Virginia, more particularly described on that "Subdivision Plat FREEDOM CROSSING Land of Freetown, LLC" dated October 9, 2017, drawn by Christopher G. Blair, L.S., attached hereto and incorporated herein by reference. BEING a portion of the property conveyed to Freetown, LLC by deed from Bowman - Shoemaker Companies, Inc. by deed dated April 4, 2017, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 170004040. SUBDIVISION OF LAND WHEREAS, said real estate, as shown on the aforesaid attached final plats, has been subdivided into lots for the construction of townhouses thereon and the attached plats accurately described the metes and bounds of the subdivided land, together with the dimension of each lot thereof. The plats and other instruments of record furthermore show certain surrounding lands in said subdivision to be used as open space, and easements for ingress and egress, storm sewer, drainage, sanitary sewer and water, utility and other purposes, all of which shall constitute a part of that development known as Freedom Crossing. Z AND WHEREAS, "common area" as defined herein shall be owned and/or maintained by Freedom Crossing Association, , upon the terms and conditions set forth rn hereinafter. N AND WHEREAS, Freetown now desires to subdivide the same into lots to be known as Freedom Crossing, the subdivision of said real estate is with the free consent and in accordance with the desires of Freetown, which further desires to subdivide the aforesaid real estate in accordance with the provisions of "the Virginia Land Subdivision Act" applicable and in force as of this date. NOW THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and benefits that will accrue by reason of this Dedication, Freetown does hereby subdivide all of that certain tract or parcel of land designated as Freedom Crossing, lying and being situate in the Opequon Magisterial District, Frederick County, Virginia, into Lots 1 through 7 inclusive and Open Space, and being more particularly described by the attached plat, which is incorporated herein by reference as if set out in full. EMERGENCY INGRESS AND EGRESS EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand, receipt of which is hereby acknowledged, Freetown grants and conveys unto the County, its successors and assigns, an easement for ingress and egress, for construction and maintenance of utilities, for County and other emergency vehicles, and for the purpose of preforming any governmental functions which the County may find necessary or desirable to perform, including, but not limited to, police and fire protection, over and across all public and private easements. Notwithstanding the forgoing, in the event any of such public and private easements are hereafter adjusted, relocated, reconfigured, or otherwise altered, these easements shall automatically be adjusted so that no portion of the Property which ceased to be a public or private easement shall be subject to these easements. STORM DRAINAGE EASEMENTS THIS DEED FURTHER WITNESSETH, that that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand, receipt of which is hereby acknowledged, Freetown grants and conveys unto the County, its successors and assigns, a variable width storm drainage easement identified on the attached plat as "Storm M Easement", which shall run with the land and be a perpetual easement for the purpose of W constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm water and its transmission through and across said Property of Freetown, said easement being more particularly bounded and described on the Plat. The foregoing easements are subject to the following conditions where applicable: 1. All storm sewers, manholes, inlet structures, and appurtenant facilities which are installed in the Easement Area shall be and remain the property of the County, its successors and assigns. 2. The County and its agents shall have full and free use of the Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the Easement, including the right of access to and from the Easement Area, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land. 3. The County shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Easement Area, including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that the County, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining the Easement Area which are disturbed in any manner by the construction, operation and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (iii) the reseeding or resodding of lawns or pasture areas, and (iv) 3 -7:7 c-� the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Easement Area, .:— but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Easement Area. 4. Freetown reserves the right to construct and maintain roadways over the Easement Area and to make any use of the Easement Area which may not be inconsistent with the Easement rights herein conveyed, or interfere with the use of the Easement by the County for the purposes named; provided, however, that Freetown shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Easement Area without obtaining the prior written approval of the County. In the event a use of the Easement Area by Freetown is approved by the County, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by Freetown. Freetown agrees that no vegetation other than (i) grass, (ii) shrubbery, and (iii) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at Freetown's risk and the County shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate Freetown for such vegetation in the event such vegetation is damaged or destroyed during the exercise of the County's rights under this Easement. 5. At such time as any portion of the land within the Easement Area is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the County by this instrument in such portion of land shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the County all necessary permits for the continued operation, maintenance, inspection, repair and replacement of its facilities in said location. 0 6. Freetown covenants that it is seized of and has the right to convey said Easement, rights and privileges, that the County shall have quiet and peaceable possession, use and enjoyment of the Easement, rights and privileges, and that Freetown shall execute such further assurances thereof as may be required. 7. Freetown covenants that it is seized of and has the right to convey said Easement, rights and privileges, that the County shall have quiet and peaceable possession, use and enjoyment of the Easement, rights and privileges, and that Freetown shall execute such further assurances thereof as may be required. 8. In the event the County notifies Freetown, or its successors or assigns, of a violation of the terms of this Easement and Freetown does not cure such violation within thirty (30) days of such notice, the County may take such action as necessary to cure such violation, including ingress and egress over any portion of Freetown's property deemed necessary by the County to access the Easement Area or to enforce the County's rights hereunder. All costs and expenses incurred by the County in exercising or enforcing its rights hereunder shall be paid or, at the County's election, reimbursed, by Freetown, within thirty (30) days from the date Freetown receives a bill or invoice from the County for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. The County shall have the right to enforce the terms of this Easement by any remedy available at law or in equity. 9. If the County is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of this Easement, the County shall be awarded its costs and expenses, including reasonable attorney fees. 10. Freetown agrees that the agreements and covenants stated in this Deed are not covenants personal to Freetown but are covenants running with the land which are and shall be binding upon, its heirs, personal representatives, successors and assigns. 5 c� SANITARY SEWER AND WATER LINE EASEMENT THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in had paid, receipt of which is hereby acknowledged, Declarant does hereby grant and convey unto the Authority, its successors and assigns, a water and sanitary sewer easement (the "FCSA Easement") for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities"), for the transmission and distribution of water and the collection of sanitary sewer and its transmission through, upon and across the portion of the Property bounded and described as "20' F.W. Easement" (the "Easement Area") on the Plat, attached hereto and mate a part hereof, subject to the following conditions: The foregoing easements are subject to the following conditions where applicable: 1. All Facilities which are installed in the Easement Area shall be and remain the property of the Authority, its successors and assigns. 2. The Authority and its agents shall have full and free use of the FCSA Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the FCSA Easement, including the right of access to and from the Easement Area, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land. 3. The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Easement Area, including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that the Authority, at its own I c -a O expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining the Easement Area which are disturbed in any manner by the construction, operation and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (iii) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Easement Area, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Easement Area. 4. Freetown reserves the right to construct and maintain roadways over the Easement Area and to make any use of the Easement Area which may not be inconsistent with the FCSA Easement rights herein conveyed, or interfere with the use of the FCSA Easement by the Authority for the purposes named; provided, however, that Freetown shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Easement Area without obtaining the prior written approval of the Authority. In the event a use of the Easement Area by Freetown is approved by the Authority, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by Freetown. Freetown agrees that no vegetation other than (i) grass, (ii) shrubbery, and (iii) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at Freetown's risk and the Authority shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate Freetown for such vegetation in the event such vegetation is damaged or destroyed during the exercise of the Authority's rights under this Easement. 5. At such time as any portion of the land within the Easement Area is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the 7 tiY J Authority by this instrument in such portion of land shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the Authority all necessary permits for the continued operation, maintenance, inspection, repair and replacement of its facilities in said location. 6. Freetown covenants that it is seized of and has the right to convey said Easement, rights and privileges, that the Authority shall have quiet and peaceable possession, use and enjoyment of the FCSA Easement, rights and privileges, and that Freetown shall execute such further assurances thereof as may be required. 7. In the event the Authority notifies Freetown, or their successors or assigns, of a violation of the terms of this Easement and Freetown does not cure such violation within thirty (30) days of such notice, the Authority may take such action as necessary to cure such violation, including ingress and egress over any portion of Freetown's property deemed necessary by the Authority to access the Easement Area or to enforce the Authority's rights hereunder. All costs and expenses incurred by the Authority in exercising or enforcing its rights hereunder shall be paid or, at the Authority's election, reimbursed, by Freetown, within thirty (30) days from the date Freetown receives a bill or invoice from the Authority for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. The Authority shall have the right to enforce the terms of this FCSA Easement by any remedy available at law or in equity. 8. If the Authority is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of this Easement, the Authority shall be awarded its costs and expenses, including reasonable attorney fees. 9. Freetown agrees that the agreements and covenants stated in this Deed are not covenants personal to Freetown but are covenants running with the land which are and shall be binding upon Freetown, its heirs, personal representatives, successors and assigns. 0 01 PRIVATE DRIVE INGRESS/EGRESS EASEMENT `'0 THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Freetown creates and establishes for ingress and egress and for the construction and maintenance of utilities in the locations as shown on the Plat, easements designated thereon as "Private Access Easement" for the use and benefit of the lot(s) served thereby. Each parcel subject to an easement for ingress and egress, as well as the easement itself, may hereinafter collectively be referred to as "Private Drive." Anthem Court shall serve Lots 1 through 7, inclusive. Freedom Crossing Association shall be responsible for the maintenance and repair of the easement areas. The costs of maintenance, repair and/or replacement shall be assessed against the individual lots benefited by the Private Drive, as determined by the Board of Directors of Freedom Crossing Association, pursuant to the terms and conditions stated herein. The construction, maintenance and repair of the easement area shall not be the responsibility of the County. These easements shall include the irrevocable right of each owner of a benefited lot, their successors, assigns, tenants, guests and invitees to have vehicular and pedestrian access, as necessary, to and from their respective lots over the Private Drive. Parking within the easements shall be subject to the restrictions, covenants and conditions stated herein, as the same may be amended and modified from time to time. The easements may be modified by the Board of Directors of Freedom Crossing Association, from time to time, provided that in no event shall any lot's access be eliminated or materially impaired. In the event the parties hereafter enter into any boundary line adjustments or similar documents affecting any Private Drive, the easement shall only affect the Private Drive, as so adjusted, and shall not affect any individual residential lot. The foregoing Private Drive granted to Freedom Crossing Association is subject to the following rights and conditions: Freedom Crossing Association shall be responsible for any and all maintenance of the Private Drive and shall conduct periodic inspections of the Private Drive. Should Freedom Crossing Association fail to perform maintenance and/or T conduct inspections of the Private Drive, Freetown, and/or its successors and _ assigns, is hereby granted the right to perform any maintenance or inspection the Private Drive it deems necessary. All costs and expenses incurred by Freetown, and/or its successors and assigns, in exercising or enforcing its rights hereunder shall be paid or, at Freetown's, and/or its successors and assigns', election, reimbursed by Freedom Crossing Association (or its successors or assigns, as applicable) within thirty (30) days from the date Freedom Crossing Association (or its successors or assigns, as applicable) receives a bill or invoice from Freetown, and/or its successors or assigns, for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expense, including, but not limited to , Freetown's, and/or its successors and assigns', attorneys' fees and costs, shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. Freetown, and/or its successors or assigns, shall have the right to enforce the terms of the Private Drive by any remedy available at low or in equity. Freedom Crossing Association is responsible for and shall indemnity Freetown, and/or its successor and assigns, for all of its losses, costs and damages, including, but not limited to, attorneys' fees and costs. CONVEYANCE OF OPEN SPACE THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Freetown grants and conveys with special warranty of title unto Freedom Crossing Association, the Open Space, containing 33,854 square feet (the "Open Space" parcel), to have and to hold unto Freedom Crossing Association, its successors and assigns. The foregoing conveyance of the Open Space parcel to Freedom Crossing Association is subject to the following rights and conditions: Freedom Crossing Association shall be responsible for any and all maintenance of the Open Space parcel and shall conduct periodic inspections of the Open Space parcel. Should Freedom Crossing Association fail to perform maintenance and/or conduct inspections of the Open Space parcel, Freetown, and/or its successors or assigns, is 10 hereby granted the right to perform any maintenance or inspections of the Open SpZ parcel it deems necessary. All costs and expenses incurred by Freetown, and/or its successors or assigns, in exercising or enforcing its rights hereunder shall be paid or, at Freetown's, and/or its successors or assigns, election, reimbursed by Freedom Crossing Association (or its successors or assigns, as applicable), within thirty (30) days from the date Freedom Crossing Association (or its successors or assigns, as applicable), receives a bill or invoice from Freetown, and/or its successors or assigns, for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses, including, but not limited to, Freetown's, and/or its successors and assigns', attorneys' fees and costs, shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. Freetown, and/or its successors or assigns, shall have the right to enforce the terms of this open space conveyance by any remedy available at law or in equity. Freedom Crossing Association is responsible for and shall indemnify Freetown, and/or its successor and assigns, for all of its losses, costs and damages, including, but not limited to, attorneys' fees and costs. RESTRICTIONS, COVENANTS and CONDITIONS All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real running with the land and shall be binding upon all parties having any right, title or interest in and to the aforesaid lots or any part thereof; and these shall be binding upon those parties, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. To provide a means for meeting the purposes and intents set forth herein, the Declarant has caused Freedom Crossing Community Association to be incorporated under the laws of the Commonwealth of Virginia. Section I. General Provisions "Definitions" Terms used herein without definition shall have the meanings specified for such terms in Section 13.1-803 of the Act. Capitalized terms used herein shall have the meanings specified for such terms below. 1I "Act" the Virginia Non -stock Corporation Act, Chapter 10 of Title 13.1 of the Code of Virginia (1950), as the same may be amended, supplemented or replaced from time to _ time. t'V "Articles of Incorporation" means the Articles of Incorporation for the Association filed with the Virginia State Corporation Commission, as amended from time to time. "Assessments" means the sums levied against the Lots to pay Common Expenses and other expenditures by the Association, as provided herein. "Association" shall refer to Freedom Crossing Community Association, its successors and assigns. "Common Area" shall refer to that certain real property described as common open space, particularly that area designated as "Open Space" on the attached plat. "Lot" shall refer to any of the Lots 1 through 7 inclusive, designated upon the final plat of Christopher G. Blair, L.S., with the exception of the "Common Area" defined above. "Member" shall refer to every person or entity who holds membership in the Association. "Majority Vote" means a simple majority (more than fifty percent) of the votes cast by members present or by proxy "Owner" shall refer to the record owner, whether one or more persons or entitles, of a fee simple title to any lot that is a part of Freedom Crossing, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. "Declarant" shall refer to Freetown, LLC, a Virginia limited liability company, its successors and assigns. "Written Notice" shall refer to the sending by first class mail to any Owner of record of certain announcements of proposed actions specified herein, and shall be sent to every Member not less than thirty (30) days nor more than sixty (60) days in advance of any scheduled vote on such proposal. 12 T Section II. Membership a Every person or entity who is a record owner of a fee or undivided fee interest in any lot that is subject to assessments by the Association, including contract sellers, shall be a W member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per lot. Membership shall be appurtenant to and may not be separated from ownership of any lot. Ownership of such lot shall be the sole qualification for membership. Section III. Voting Rights Each Member of the association shall have one vote for each lot owned in which said member shall hold the interest required for membership in Section Il. When more than one person holds such interest in any lot, all such persons shall be members. The vote for any such lot shall be exercise as they among themselves determine, but in no event shall more than one vote be cast per lot. Section IV, Board of Directors The affairs of the Association shall be managed by a board of directors consisting of not less than three (3) but no more than five persons, who must be members of the association. The initial Board of directors shall be appointed by the Declarant herein and shall serve until the first annual meeting following conveyance of the first lot in Freedom Crossing to a grantee other than the Declarant. Thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. The board of directors shall decide whether or not the Treasurer of the association shall be bonded with surety; if so, the expense of a fidelity bond for the treasurer shall be borne by the Association. Section V. Property Rights in the Common Area Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the "Common Area," specifically including but not limited to the rights of ingress and egress across the aforesaid "Common Area," and such easement shall be appurtenant to and shall pass with the title to every assessed lot, subject to the following provisions: 13 C --_J (a) The rights of the association, in accordance with its Articles and by-laws, to Z__ borrow money for the purpose of improving the "Common Area". The association is further empowered, with the consent of at least Majority of the members, to mortgage the area in said Subdivision designated as "Common Area" to secure any such borrowed funds, but such mortgage shall be subordinate to the rights of the Homeowners hereunder. In conducting the required vote of the members in connection with any such mortgage of the "Common Area," the lot owners shall be given written notice s provided herein. (b) The right so the Association to suspend the voting rights and the right to the use of the "Common Area" by a member for any period during which an assessment against his lot remains unpaid' and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Common Area" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members, provided such is accepted by the public agency, authority or utility. No such dedication or transfer shall be effective unless memorialized by a recorded instrument signed by Members entitled to cast Majority of the votes agreeing to such dedication or transfer, and unless written notice of the proposed action has been provided. Delegation of Use: Any Member may delegate, in accordance with the By-laws, his right of enjoyment to the "Common Area" to the members of his family, his tenants, or contract purchasers ho reside on the property. Public safety access. Law enforcement, fire and rescue personnel, and employees of the Freedom Crossing are allowed in the common area to perform their official duties. Section VI. Covenants for Maintenance Assessment Assessments: Each subsequent owner of any lot conveyed by the Declarant covenants that, by acceptance of a deed, he agrees to pay the association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the 14 -_J land and shall be a continuing lien upon the property against which each such assessmen is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a line upon said lot as set forth hereinabove. Purposes of Assessments: The assessments levied by the Association shall be used exclusively for improvements and maintenance of the "Common Area," specifically including, but not limited to, payment of real estate taxes, repairs, maintenance of streets, removal of snow from street within said subdivision, maintenance and repair of any drainage and detention facilities, maintenance of street lights and payment of all utility charges therefore, maintenance and repair of utility and drainage easements, maintenance, and services and facilities devoted to the aforesaid purposes, and expenses related to the use of and enjoyment of the "Common Area"; and further, for the purpose of promoting the recreation, health, safety and welfare of the residents in the "Common Area" of Freedom Crossing. Initial Annual Assessment: Until January 1 of the year immediately following the conveyance of the first lot by the Declarant to another Owner, the maximum annual assessment shall be $400.00 per lot. The Declarant is expressly excluded from all assessments unless a unit owned by the Declarant is occupied, at which time the Declarant shall become responsible for assessments imposed on said unit. From and after the first day of January of the year immediately following the conveyance of the first lot to any owner, the maximum annual assessment per lot may be increased above that set forth hereinabove by a vote of the members for the next succeeding year and, at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the consent of a Majority of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose, with written notice provided to all members. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the association may levy in any assessment year a special assessment applicable to that year only, for the purples of defraying, in whole or in part, 15 J the cost of any construction or reconstruction, unexpected repair or replacement of a cr) described capital improvement upon the "Common Area," including play equipment, provided that any such assessment shall have the assent of a Majority of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose, with written notice provided to each member. Quorum for any Action or Assessments: At any meeting called for any action on assessments, as provided above, the presence at the meeting of members or of proxies entitled to cast 51 percent of all votes shall constitute a quorum. Date of Commencement of Annual Assessments — Due Date: The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the first lot to a grantee other than Freetown Crossing, LLC. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The board of directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. An invoice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Effect of Non -Payment of Assessments: Any assessments which are not paid when due shall be delinquent if the assessments are not paid within thirty (30) days after the due date. A delinquent assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose said lien against property. Any interest, costs and reasonable attorney's fees for any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Area" or abandonment of his lot. 16 Subordination of the Lien to Mortgages. The lien of the assessments provided ,J,� herein shall be subordinated to the lien of any mortgage or mortgages now in effect or hereafter encumbering any lot. Sale or transfer or any lot shall not affect the assessment lien,. But the sale of transfer of any lot that is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. Disclosure packet fee: The Association shall charge a fee of $100.00 to any Owner, other than the Declarant, for preparation and delivery of an association disclosure packet pursuant to the Virginia Property Owners Association Act. Such fee shall be paid to the Association at the closing or settlement of the property. A notice of this requirement shall be contained in every deed conveying the subject lots. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) Any property owned by the Association; (b) All properties dedicated to and accepted by a local public authority; (c) Any and all lots owned by the Declarant; and (d) All properties owned by a charitable or non-profit organization exempt from taxation under the laws of the State of Virginia provided that such property is not used as a residence. Failure to Maintain "Common Area" : In the event that the Association or its successors fails to maintain the "Common Area" in reasonable order and condition, the County of Frederick, Virginia may take such action as authorized by the Ordinances of the County of Frederick, Virginia, and other laws of the Commonwealth of Virginia. The County of Frederick Zoning Ordinance and any and all amendments thereto are by this reference made a part hereof as if set out in full. Dissolution of the Association: Dissolution of the association shall only be permitted with the consent of the County of Frederick. Section VII. Restrictive Covenants The lots in Freetown Crossing, (Lots 1 through 7, inclusive) shall be subject to the following restrictions, which are constituted covenants real to run with the land. 17 C All lots shall be used for townhouse residential purposes only. No townhouse CO may be modified to provide for a garage thereto after such townhouse has been erected. 2. No more than two (2) unrelated adults may reside in the home at any time, whether they are owners of the said lot or tenants. 3. No profession or home occupation shall be conducted in or on any part of a lot; provided, however, that an owner may maintain such use if it is operated by a member of the owner's household residing on the Lot, there are no displays or signs indicating that the Lot is being used other than as a residence and that such office or business does not generate significant traffic or parking usage by clients, customers or other persons related to the business. Declarant, its successors and assigns reserve the right to use one or more of said lots or a portion of the "Common Area" for business purposes in connection with the development, sale and operation of said townhouse subdivision. 4. No signs or advertising of any nature shall be erected or maintained on any lot except "For Sale" signs for said lot, which signs shall not exceed five (5) square feet in area, or signs used by the Declarant to advertise the property during construction and sale. No "For Rent" or similar signs shall be allowed on any lot. 5. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, vans or trucks of more than 3/a ton, shall be permitted on any lot or in any driveway except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. 6. No vehicles shall be parked in an area other than the driveways, garages or designated parking. No motorized vehicles of any kind shall be permitted upon any area within said Subdivision except for the streets and parking areas constructed by Declarant. No right of vehicular access shall exist across any lot in said Subdivision except as otherwise provided herein. 7. No animals of any kind (including livestock and poultry) shall be permitted on any lot, except that licensed dogs, cats and other customary household pets may be kept, provided that they are not kept, bred or maintained for commercial or 18 J charitable purposes or in unusual numbers; and further, provided that no dogs shall be permitted to run at large without restraint in said Subdivision. No dog may be tied and left unattended outdoors. Members with pets shall be responsible for cleaning up after their own pets, both on their own lots and in "Common Area." 8. There shall be no fencing or hedges in the front of any of the townhouse units, and all fencing to the rear of the townhouse units shall be attached to the individual unit, and be one -inch -by -six-inch pressure -treated lumber on both sides of board - on -board fence not higher than five feet, provided further, that there must be a gate at the rear to access the back yard. No fence shall be constructed, stained or painted until the Board of Directors of the Association shall have approved the same. 9. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 10. In the event that a dwelling is destroyed, the Owner of the dwelling within thirty (30) days from said destruction shall clear away the any remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 11. Each owner shall keep all lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any lot in Freetown Crossing shall fail to maintain the premises and the improvements situated thereon as provided herein, the Association, after providing written notice to the Owner and after approval by a simple majority vote of the Board of Directors, shall have the right to enter upon such lot to correct any damage and to repair, maintain and restore the lot and the exterior of the building erected thereon. All costs related to 19 such correction repair or restoration shall become a special assessment upon su© lot. 12. The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoin landowners, except to the extent the wall is not of use to one of the Owners. If a party wall is destroyed or damages by fire or other casualty, any Owner who has use of the wall may restore it, and if the other Owner thereafter makes use of the wall, the other owner shall contribute to the cost os the restoration thereof in proportion to such use without prejudice, however, to the rights of any such Owners to call for a larger contribution from the owners under any rule of law regarding liability for negligence or for willful acts or omissions. 13. Notwithstanding any other provision of this Article, any Owner who by his negligence or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such element. The rights of any Owner to contribution from any other Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successor in title. 14. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage and other waste shall be in sanitary containers. All containers or equipment for storage and disposal of such material shall be kept in a clean and sanitary condition in the rea. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the scheduled date of garbage pickup. 15. No trees shall be planted or no digging shall be undertaken without first securing the approval of the local power company and without first determining the location of all underground electrical and telephone wires. 16. No baby carriages, bicycles or other articles of personal property shall be deposited, allowed or permitted to remain outside of any townhouse except in the enclosed rear area. The Association shall specifically have authority to impound C all such articles that remain outside in violation of this provision and to make a charge for the safekeeping and return thereof. c� 17. No exterior clothesline or handing device shall be allowed upon any unit, except co for an umbrella -type one with a diameter not exceeding seven (7) feet, provided that it is located in the rear of the unit. 18. The color of the paint on the exterior of every building on each lot shall be kept the same as the original color unless approved in writing by the Association. 19. No building, structure, addition or exterior alteration (including basketball backboards and storage buildings of sheds) or improvements of any character shall be constructed upon any lot or dwelling located thereon unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Association as being in harmony with the whole Subdivision, and particularly with the adjoining townhouse units. 20. If in the construction of any dwelling by Declarant there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant lot. 21. No lot upon which a townhouse has been constructed shall be further subdivided or separated into smaller lots by any Owner, and no portion less than all of such lot shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction deeds to resolve boundary disputes and similar corrective instrument. 22. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of five (5) years from the date of this instrument and shall be renewed automatically for additional successive five year periods unless the Owners of a Majority of the lots in Freetown Crossing shall execute and record in the land records of this jurisdiction an agreement amending or modifying said covenants and restrictions. 23. The invalidation of any one of the covenants or restrictions contained herein by judgment, decree or other court order shall not affect any of the other provisions, which shall remain in full force and effect. The failure of the lot Owners or the Declarant herein to enforce any covenant or restriction shall not be deemed to be a 21 waiver of the right to do so thereafter as to a default occurring prior or subsequent c=3 thereto. 24. The Association, its successors or assigns, or any Owner shall have the right to co enforce, by any proceeding, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigs, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter, All costs that the Association, its successors or assigns, or any Owner shall incur in the successful enforcement of the restrictions, condition, covenants, reservations, liens and charges, now or hereafter imposed, shall be borne by the party against which action is taken, and shall include reasonable attorney's fees, costs, and damages. The Declarant reserves the right of itself to waive any of the restrictive covenants, conditions, reservations, and restrictions with respect to the sale or transfer of any future lot or lots, except that (a) it cannot change the provisions concerning open space easements without the permission of the County of Frederick and (b) cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions and conditions upon any other lots. The Declarant does further reserve the right for itself to impose additional restrictive covenants, conditions, reservation, and restrictions as to the sale and transfer of any other lots. MISCELLANEOUS Headings made in this Deed are for convenience purposes only and are not intended to affect the express terms herein set forth. This Deed is made in accordance with the statutes made and provided in such cases; with the approval of the property authorities of Frederick County, Virginia, as shown by the signatures affixed to the Plat, as applicable, and is with the free consent and in accordance with the desire of Freetown, the owner of the property. Freedom Crossing Association shall execute this Deed for the purpose of accepting the responsibility for maintenance and other obligations assigned to or assumed by Freedom Crossing Association under this Deed. WITNESS the following signatures and seals: 22 FRE TOWN, LLC. _,-. c_ B (SEAL) c o ame: Jeremy Tweedie cli Title: Manager STATE of VIRGINIA, CITY/COUNTY OF ��Q(�{'1Ci�- , to -wit: The foregoing instrument was acknowledged before me in my City/County and State this �� day of �Q&Ur 2017, by Jeremy Tweedie, as Manager of Freetown, LLC. My Commission Expires: m�� �► 0100 ffA " M FREEDOM CROSSING COMMUNITY ASSOCIATION. By: (SEAL) ame: Jeremy Tweedie Title: President STATE of VIRGINIA, CITY/COUNTY OF ��PC�eh C , to -wit: The foregoing instrument was acknowledged before me in my City/County and State this n day of l�On - , 2017, by Jeremy Tweedie, as President of Freedom Crossing Community Association. My Commission Expires: n N 3 , aoa I V/),&WW N TARY BLI RAYNA Y. FLYTHE NOTARY PUBLIC 10REG. 07754086 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MAY 31, 2021 23 FREDERICK COUNTY SANITATION AUTHORITY d.b.a. FREDERICK WATER: 0o Z— BY: STATE OF VIRGINIA, CITY/COUNTY OF—j::�Q 1-? n �� C1 , TO -WIT: I, Amyy/ _ 'L 1 a notary public in and for the State and County aforesaid, do certify that ,whose name is signed to the foregoing instrument dated 2017, has acknowledged the same before me. GIVEN under my hand this day of , 2017. Registration No.: Tema Ls wffw Long y PUBUC Cwww wemo a1 wordy My Commission Expires: 0 J 24 VICINITY MAP SITE FAIRFAX PIKE ?77 SCALE 1 " = 1000' swr of \h L�n 101 OWNERS CERTIFICATE � wy/CaCIN WJ2 W ME THE ABOVE AND FOREGOING SUBDIVISION, IS WITH THE FREE CONSENT 15 — MY a V�20-0 'f AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. ALL LOT CORNER MY cowism ixpm. IDA/ -V �Q�a� MONUMENTATION WILL BE SET IN ACCORDANCE WITH THE FREDERICK APOTARI: til COUNTY ZONING ORDINANCE SECTION 144-30 BY A LAND SURVEYOR LICENSED /N THE COMMONWEALTH OF VIRGINIA. DEANNA D ALEXANDER NOTARY PUBLIC REG. #7135427 I COMMONWEALTH OF VIRGINIA 1+.94,GS�(�IiVII i3iCN EXPIRE 15 SEPT 30 2020 o y t S zol -7 FRE W LLC DATE APPROVALS: Z'5 boi VIRGINIA D ARTMENT OF TRANSPORTATION DATE Ll Nov Fu 17 FREDERICK/* W -'` DATE FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE SURVEYORS CERTIFICATE: 1, CHRISTOPHER G. BLAIR, A DULY LICENSED LAND SURVEYOR /N THE COMMONWEALTH OF VIRGINIA, DO HEREBY CERT/FY THAT THIS PLAT IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THIS IS A SUBDIVISION OF THE LAND OF FREETOWN, LLC, AS RECORDED /N INSTRUMENT No. 170004040 AMONG THE LAND RECORDS OF FREDER UN � Q / CHR/STO . BLAIR, L.S. No. 3276 DATE SUBDIVISION PLA T FREEDOM CROSS/NG '�,ALTH p � 1 LAND OF FREETOWN, LLC TAX MAP #86-A-6 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VA STOPHER G. BLAIR y LiC. No. 3276 SCALE.- AS SHOWN DATE OCTOBER 9, 2017 a GREENWA Y ENGINEERING, INC. 151 Windy Hill Lane D SuPN Winchester, Virginia 22602 G RE E N WAY Telephone: (540) 662-4185 FAX- (540) 722-9528 4634T SHEET 1 OF 4 ENGINEERING www.greenwayeng. com STONE FOUND N 34'26'05" W 448.97' TO A STONE FOUND 13.90' IRF EX. EDGE OF PAVEMENT 30' PRESCRIPTIVE r RIGHT-OF-WAY LINE ��?• �\ 2 /1-100 �,1�F�6� gcy9\ ry cyl110 \ 9y \• 50' 0 50' GRAPHIC SCALE l'-- 50 ' AREA HEREBY DEDICATED TO COUNTY OF FREDERICK FOR PUBLIC RIGHT-OF-WAY SUBDIVISION PLA T FREEDOM CROSSING LAND OF FREETOWN, LLC TAX MAP 186-A-6 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VA SCALE.- 1 " = 50' DATE. OCTOBER 9, 2017 1 GREEAWAYENGINEERING, INC. 151 Windy Hill Lane �7 1971 Winchester, Virginia 22602 Telephone: (540) 662-4185 G R E E N WAY FAX.- (540) 722-9528 ENGINEERING www.greenwayeng.com 10.21' NLTH 0,��D 0 elii,. N o. 476 4634T SHEET 2 OF 4 1 Z G" 7� O o cc C�/C� z / ZCn Apj Q6 �o� THE PINES ASSOCIAT ION, INC.DB.457, PG.365DB. 534, PG. 764 \- "S 342605 E IRF 144.97' TO 5/8"IRON ROD FOUND o IRF L5 ��1 � \•..� S 63'48'14" E 95.00' K b / �r-----10' BRL� vN' LOT 7 Ni 3087 SgFt oN i 63'48'14 W 95. q0 zQNi ; LOT ; o 1:� oN i 63'48'14 W 95.0 "o EX. WIRE FENCE NI ; LOT 5 i 1900 S Ft 1 N 4, o° N71 -6J48'14" W 95.0 LOT 4o INN � i 1900 7nFt i �v � Z a N 163'48 14 W 95. QO o LOT 3 1 I 0 3 Pv Q o 1900 SnFt i N 163'4814 W 95. qo, o Z o I LOT 2 ; I m I N i 63'48'14" W 9.5.00' N N N LOT ; L_3087 SgFt o co 10' BRL 0 N 63'48'14" W 95.00' 0 OPEN SPACE 33,854 SgFt 2� \ ��?• �\ 2 /1-100 �,1�F�6� gcy9\ ry cyl110 \ 9y \• 50' 0 50' GRAPHIC SCALE l'-- 50 ' AREA HEREBY DEDICATED TO COUNTY OF FREDERICK FOR PUBLIC RIGHT-OF-WAY SUBDIVISION PLA T FREEDOM CROSSING LAND OF FREETOWN, LLC TAX MAP 186-A-6 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VA SCALE.- 1 " = 50' DATE. OCTOBER 9, 2017 1 GREEAWAYENGINEERING, INC. 151 Windy Hill Lane �7 1971 Winchester, Virginia 22602 Telephone: (540) 662-4185 G R E E N WAY FAX.- (540) 722-9528 ENGINEERING www.greenwayeng.com 10.21' NLTH 0,��D 0 elii,. N o. 476 4634T SHEET 2 OF 4 1 EX. UTILITY POLE (TYP.) z o`� p� v THE PINES ASSOCIATION, INC. p� D8.457, PG.365 DB. 534, PG. 764 W / 0 Cd STORM l L EASEMENT I L 1� ,, Q � o 6 IJ /��' LOT 7 20 F. W. L34 IEASEMENT 0 1 _L21_ L1J6I � LOT 6 o EX. WIRE FENCE I� I LOT 5 EXISTING OVERHEAD v Q L10� I ,{ LOT 4 UTILITY LINES L8 pk �n `O LOT 3 Q LL 6 c� ° I CIO� I � \� I Lor 2 o LOT 1 EX. EDGE OF �� 7`500: `::. :::. \ OPEN :- . PAVEMENT :.:. :... ; :::.:. \��� SPACE \ .�`` .:. 30' PRESCRIPTIVE t\: °� RIGHT-OF-WAY LINE � ,` 200, lPF (TIE) 'S'T Q \ 50 0 50 AREA HEREBY DEDICATED TO COUNTY \ \, GRAPHIC SCALE 1 "= 50' OF FREDERICK FOR PUBLIC RIGHT—OF—WAY _ \ SUBDIVISION PLA T FREEDOM CROSSING ,NLTH 0 LAND OF FREETOWN, LLCM �� TAX MAP 186—A-6 ,'� ';_A, OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VA CH, ItPHER G. A LAI y a'iC N 0. '6 SCALE. 1 " = 50' DATE.• OCTOBER 9, 2017 a GREENWAYENGINEERING, INC. �151 Windy Hill Lane 9� Winchester, Virginia 22602 WAY Telephone: (540) 662-4185 G R E E N FAY.- (540) 722-9528 4634T SHEET 3 OF 4 ENGINEERING www.greenwayeng. com AREA TABULATION DEDICATED RIGHT-OF-WAY -6,012 SQ FT OPEN SPACE PARCEL -33.854 SQ FT LOTS 1-7 -15,675 SQ FT ORIGINAL AREA (TM186-A-6) 55,541 SQ FT CURVE TABLE CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 7.38 24.00 1 T37'41 " N 74-07'41 ' E 7.35' C2 12.97' 19.00' 39'07'04' N 45'45'18" E 12.72' C3 3.14' 2.00' 90700'00' N 18-48'11 " W 2.83' C4 3.14' 2.00' 90'00'00" N 71'11'46" E 2.83' C5 3.14' 2.00' 90'00'00" N 18'48'14" W 2.83' C6 3.14' 2.00' 90'00'00 ' N 71-11 '46" E 2.83' C7 19.37' 25.00' 44 23 35" N 03'59 59" T 18.89' C8 19.90' 25.00' 45J625 " S 41'00'0 1 " E 19.38' C9 39.27' 25.00' 90'00'00 " S 71'11'46" W 35.36' C10 19.56' 45.00' 1 2454'14 " IS 38'38 53 " W 1 19.4 1 ' C11 11.08' 1 24.00'1 2626J5" I S 37'52'42 " W 1 10.98' LEGEND IRF = IRON ROD FOUND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE INST = INSTRUMENT D.B. = DEED BOOK PG. = PAGE EX. = EXISTING T M. = TAX MAP (PARCEL) N 26'11'46" E 0 1/2" IRON ROD SET (UNLESS OTHERWISE NOTED) S 6J'4824 " E ¢ UTILITY POLE N 26'11'46" E 4.00' TELEPHONE PEDESTAL N 63'48' 14 " W 15.50' CENTERLINE OF ROAD NOTES 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. CURRENTLY ZONED - RP 3. THE SURVEY SHOWN HEREON IS BASED ON A FIELD SURVEY CONDUCTED BY GREENWAY ENGINEERING DATED DECEMBER 12, 2014, AS RECORDED AT INSTRUMENT 1150000479. 4. CURRENT OWNER: FREETOWN, LLC. INSTRUMENT #170004040 5. SUBJECT PROPERTY LIES WITHIN FLOOD ZONE 'X', AS SHOWN ON FLOOD INSURANCE RATE 51069C0330D, EFFECTIVE DATE SEPTEMBER 2, 2009. 6 ALL EASEMENTS SHO co C) C LINE TABLE LINE BEARING DISTANCE Ll S 13'5637" E 39.65 L2 S 70-06'17" W 1.62' L3 S 19'53'43" E 15.57' L4 S 13'5637" E 101.14' L5 N 26'11'46" E 20.61' L6 N 6J'4824 " W 15.70' L7 N 26'11'46" E 32.00' L8 S 6J'4824 " E 15.70' L9 N 26'11'46" E 4.00' L10 N 63'48' 14 " W 15.50' L11 N 26'11'46" E 32.00' L 12 S 63'48'14" E 15.50' L13 N 26'11'46" E 59.71' L 14 N 18'11'49" W 15.20' L 15 N 71'48'11 " E 22.00' L16 S 18'11'49" E 41.01' L17 S 6J'48'1 4 " E 27.50' L 18 S 26' 11 '46" W 22.00' L19 N 6J'48'1 4 " W 21.00' L20 S 26'11'46" W 118.79' L21 N 63'40'05" W 29.07' L22 N 26'19 55" E 194.27' L23 S 13'5637" E 81.93' L24 N 76'03 23" E 20.57' L25 N 26'11'3 1 ' E 143.62' L26 N 71'11'05" E 35.68' L27 S 18'4855" E 20.00' L28 S 70'42' 14 " W 27.63' L29 S 26'11'46" W 123.49' L30 S 6J'48'1 4 " E 4.12' L31 S 255644" W 10.38' L32 S 36'08'26" E 97.57' L33 N 26'09 54" E 183.37' L34 S 63'50'03" E 20.00' L35 S 26'09 54 " W 191.83' L36 S 02'15'09" E 21.84' MAP GRANTED. WN ON THIS PLAT OTHER THAN THOSE LABELED AS EXISTING, ARE HEREBY 7. ANTHEM COURT AS SHOWN ON THIS PLAT IS INTENDED TO BE A PRIVATE ACCESS EASEMENT FOR INGRESS AND EGRESS AND IS HEREBY CREATED. SUBDIVISION PLA T FREEDOM CROSSING LAND OF FREETOWN, LLC TAX MAP 186-A-6 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VA SCALE: N/A DATE.' OCTOBER 9, 2017 rND`� 1971 GREENWAY ENGINEERING GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Winchester, Virginia 22602 Telephone: (540) 662-4185FAX.-FA• (540) 722-9528 www.greenwayeng. com ,_LTH AFD CIS R)HER G LAIR y -c. N o. 3276 1�11L,b S UR 14634T SHEET 4 OF 4 1 �J CO Q0 VIXUIN1A: Fh'DERICK CUUNTY.SUI. This instrument of writing was produced to me on IA -13-17 at_ -31 plln and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. X8.1-802 of $ , and X8.1-801 have been paid, if assessable. 4 � � , Clerk