HomeMy WebLinkAbout06-17 Deed - Section 1DEED OF DEDICATION, SUBDIVISION,
EASEMENT AND CONVEYANCE
THIS DEED OF DEDICATION, SUBDIVISION, EASEMENT AND CONVEYANCE
is made this Z044 day of May, 2018, by and between MREC SHENANDOAH VA LLC, a
Delaware limited liability company, its successors and assigns ("Owner"), JAMES B. LEEDS,
TRUSTEE, KIMBERLY SOMERS, TRUSTEE (together with James B. Leeds, Trustee, the
"Trustee"), either of whom may sign this Instrument, SANDY SPRING BANK, a Maryland
banking corporation, (`Beneficiary"), parties of the first part, and the COUNTY OF
FREDERICK, VIRGINIA, a body corporate and politic (the "County"), FREDERICK
COUNTY SANITATION AUTHORITY d.b.a. FREDERICK WATER, a body corporate and
politic (the "Authority"), and SHENANDOAH HOMEOWNERS ASSOCIATION, INC., an
association formed pursuant to the Virginia Property Owners Association Act ("Shenandoah
HOA"), parties of the second part.
WITNESSETH
WHEREAS, Owner is the owner of the property known as Tax Map No. 87-A-103 by
Document prepared without the
benefit of title examination by:
Thomas Moore Lawson, Esquire
P. O. Box 2740
Winchester, VA 22604
Tax Map No. 87-A-103
Consideration: $0.00
Return to:
Thomas Moore Lawson, Esquire
P. O. Box 2740
Winchester, VA 22604
Grantees' Address:
County of Frederick, Virginia
107 N. Kent Street
Winchester, VA 22601
Frederick County Sanitation Authority
d.b.a. Frederick Water
P.O. Box 1877
Winchester, VA 22604
Shenandoah Homeowners Association, Inc.
3863 Centerview Drive, Suite 300
Chantilly, VA 20151
Instrument No. 130010885, located in Opequon Magisterial District, Frederick County, Virginia
and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia (the
"Property"); and
WHEREAS, it is the desire and intent of Owner to subdivide a portion of the Property
into lots and parcels, and to dedicate, grant and convey for private use by the residents of the
Lake Frederick community and their guests and invitees, the streets and thoroughfares in
accordance with this Deed and the plat dated October, 2017, entitled "Final Plat Lake Frederick
Phase 5 — Section 1" and prepared by Urban, Ltd., certified land surveyors, (the "Plat") which is
attached hereto and incorporated herein by reference as "Exhibit A"; and
WHEREAS, it is the desire and intent of Owner to grant and convey unto the County and
unto the Authority, the easements in the locations as shown on the Plat and as hereinafter
provided; and
WHEREAS, it is the desire and intent of Owner to grant and convey unto Shenandoah
HOA, the easements in the locations as shown on the Plat and as hereinafter provided; and
WHEREAS, it is the desire and intent of Owner to create and establish easements for
ingress and egress over and across the Property, said easements being more particularly bounded
and described on the Plat and as hereinafter provided; and
WHEREAS, it is the desire and intent of Owner to convey a portion of the Property unto
Shenandoah HOA; and
WHEREAS, the Property is subject to a lien of a certain First Modification to First
Modified and Restated Credit Line Deed of Trust, Assignment, Security Agreement and Fixture
Filing dated May 18, 2018, and recorded as Instrument No. 180004741 in the aforesaid Clerk's
K
Office (the "Credit Line Deed of Trust"), wherein the Property was conveyed unto the Trustee in
trust, to secure a certain indebtedness, as more specifically set forth therein; and
WHEREAS, the Property is, or will be, subject to the terms and conditions of the
Declaration of Covenants, Conditions, Restrictions and Reservation of Easements Shenandoah
Homeowners Association, Inc., a declaration for a property owners association formed pursuant
to the Virginia nonstock corporation act and recorded in the aforesaid Clerk's Office as
Instrument No. 060001208 (the "Declaration").
SUBDIVISION
NOW THEREFORE WITNESSETH, in consideration of the premises and the sum of
One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner hereby
subdivides that portion of the Property containing 33.1689 acres into lots and parcels to be
known as Parcel D, Lots 1 through 12, inclusive, Lots 37 through 46, inclusive, Lots 92 through
113, inclusive, Lots 129 through 145, inclusive, and Open Space Parcels A-1, B-1, C-1, F-1,
Phase 5, Section 1, Lake Frederick as well as six (6) private drives shown and depicted on the
Plat as "Rachel Carson Drive Parcel E-1," "Song Sparrow Drive Parcel E-1," "Wax Wing Court
Parcel E-1," "Witherod Court Parcel E-1," `Barred Owl Way Parcel E-1" and "Mallard Drive
Parcel E-1" labeled as private streets in accordance with the Plat which is expressly incorporated
herein and made a part of this Deed.
I
STREET DEDICATION
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, Owner
dedicates unto the County 0.9069 acres for public street purposes as so designated on the Plat.
This dedication is made in accordance with the statutes made and provided therefore.
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 paid, receipt of which is hereby acknowledged, Owner
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 performing 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/or private access easements, and ingress and egress easements, as
shown on the Plat. Notwithstanding the foregoing, in the event any of such public and/or private
access easements, and/or ingress and egress easements are hereafter adjusted, relocated,
reconfigured, or otherwise altered, these easements shall automatically be adjusted so that no
portion of the Property which ceases either to be a public or private access easement, or ingress
and egress easement, shall be subject to these easements.
STORM DRAINAGE EASEMENT
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, Owner
C!
grants and conveys unto the County, its successors and assigns, with general warranty of title,
several storm drainage easements described on the Plat as "20' x 20' Storm Easement," "15'
Storm Easement" and "Storm Easement," which shall run with the land and be perpetual
easements for the purposes of 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 stormwater and its transmission
through and across the Property, said easements being more particularly bounded and described
on the Plat.
The foregoing easements are subject to the following conditions where applicable:
1. All sewers, manholes, inlet structures, and appurtenant facilities which are
installed in the easements 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 said easements for the
purposes named, and shall have all rights and privileges reasonably necessary to the exercise of
the easements including the right of access to and from the easements and right to use adjoining
land where necessary; provided, however, that this right to use adjoining land shall be exercised
only during periods of actual construction or 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 or facilities in or near the easements being conveyed, deemed by
it to interfere with the proper and efficient construction, operation, and maintenance of said
5
easements; provided, however, that the County, at its own expense, shall restore, as nearly as
possible, the premises to their original condition. Such restoration shall include the backfilling
of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or
pasture areas, and the replacement of structures and other facilities located outside the
easements, but shall not include the replacement of structures, trees and shrubs, or other facilities
located within the easements.
4. The County shall have the right to demolish all paving, curbing, and/or guttering
in the easements being conveyed, deemed by it to interfere with the proper and efficient
construction, installation, operation, and maintenance of said stormwater drainage lines and
appurtenant facilities; provided, however, that the County, at its own expense, shall restore all
non -interfering paving, curbing, and/or guttering which are disturbed in any manner by the
construction, operation, and maintenance of said stormwater drainage lines and appurtenant
facilities.
5. Owner reserves the right to construct and maintain roadways over said easements
to the extent not prohibited or restricted by ordinance and to make any use of the easements
herein granted which may not be inconsistent with the rights herein conveyed, or interfere with
the use of said easements by the County for the purposes named; provided, however, that Owner
shall not erect any building or other structure, excepting a fence, on the easements without
obtaining the prior written approval of the County.
6. Owner covenants that it is seized of and has the right to convey said storm
drainage easements, rights and privileges, that the County shall have quiet and peaceable
possession, use and enjoyment of the storm drainage easements, rights and privileges, and that
Owner shall execute such further assurances thereof as may be required.
C9
7. Owner agrees that the agreements and covenants stated in this Deed are not
covenants personal to Owner but are covenants running with the land which are and shall be
binding upon Owner, its heirs, personal representatives, successors and assigns.
8. The individual lot owners and/or Shenandoah HOA shall be responsible for
maintenance of the storm drainage casements conveyed herein in accordance with the terms and
conditions of the Declaration. Each lot owner's responsibility to perform such maintenance
obligations shall run with the land.
SANITARY SEWER AND WATERLINE EASEMENTS
THIS DEED FURTHER WITNESSETH, that for and in consideration of the premises
and the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which is
hereby acknowledged, Owner does hereby grant and convey unto the Authority, its successors
and assigns, an easement and right of way (the "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 of Owner bounded and described as
"Frederick Water Easement" (the "Easement Area") on the plat entitled "Final Plat Lake
Frederick Phase 5 — Section l " and prepared by Urban, Ltd., certified land surveyors, (the "Plat")
attached hereto and made a part hereof, subject to the following conditions:
7
I . 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 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 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 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. Owner 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 Authority for
the purposes named; provided, however, that Owner 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 Owner 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 Owner. Owner 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 Owner's risk and the Authority shall have no obligation to
replant such flowers, shrubbery and vegetable plants nor to compensate Owner 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 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
E
continued operation, maintenance, inspection, repair and replacement of its facilities in said
location.
6. Owner 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 Easement, rights and privileges, and that Owner shall execute such further
assurances thereof as may be required.
7. In the event the Authority notifies Owner, or their successors or assigns, of a
violation of the terms of this Easement and Owner 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 Owner'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 Owner, within thirty (30) days from the date
Owner 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
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's fees.
10
9. Owner agrees that the agreements and covenants stated in this Deed are not
covenants personal to Owner but are covenants running with the land which are and shall be
binding upon Owner, its heirs, personal representatives, successors and assigns.
CONVEYANCE OF PARCEL[_. D
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, Owner
grants and conveys unto the Authority, its successors and assigns, with general warranty of title,
the following property: Parcel D, containing 0.1260 acres, for the purposes of building a pump
station. Parcel D is more particularly bounded and described on the Plat as "Parcel D." This
conveyance is made subject to the easements, right of way, restrictions and conditions contained
in the deeds forming the chain of title to this Property.
PRIVATE DRIVE INGRESS/EGRESS EASEMENTS
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, Owner
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 "Rachel Carson
Drive Parcel E-1," "Song Sparrow Drive Parcel E-1," "Wax Wing Court Parcel E-1," "Witherod
Court Parcel E-1," "Barred Owl Way Parcel E-1" and "Mallard Drive Parcel E-1" 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." Song
Sparrow Drive shall serve Lots I through 12, inclusive, and Lots 45 through 46, inclusive, Phase
11
5, Section 1, Lake Frederick. Wax Wing Court shall serve Lots 37 through 44, inclusive, Phase
5, Section 1, Lake Frederick. Witherod Court shall serve Lots 129 through 145, inclusive, Phase
5, Section 1, Lake Frederick. Barred Owl Way shall serve Lots 98 through 113, inclusive, Phase
5, Section 1, Lake Frederick. Mallard Drive shall serve Lots 92 through 97, inclusive, Phase 5,
Section 1, Lake Frederick. Shenandoah HOA 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 applicable Private Drive, as "Special Assessments,"
as determined by the Board of Directors of Shenandoah HOA, pursuant to the terms and
conditions of the Declaration. The construction, maintenance and repair of the easement areas
shall not be the responsibility of the County or the Commonwealth of Virginia. The Private
Drives in this subdivision do not meet the Virginia Secondary Street Acceptance Requirements
necessary for inclusion in the system of state highways and will not be maintained by the
Virginia Department of Transportation or the County. These roads are not eligible for rural
addition funds or any other funds appropriated by the General Assembly and allocated by the
Commonwealth Transportation Board.
These easements shall include the irrevocable right of each owner of a benefited lot, their
successors, assigns, tenants, guests and invitees to have pedestrian access, as necessary, to and
from their respective lots over the respective Private Drive. Parking within the easements shall
be subject to the terms and conditions of the Declaration, as the same may be amended and
modified from time to time. The easements may be modified by the Board of Directors of
Shenandoah HOA, 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
12
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 Privates Drives shall be subject to the following conditions:
1. Shenandoah HOA shall be responsible for any and all maintenance of the Private
Drives and shall conduct periodic inspections of the Private Drives. Should Shenandoah HOA
fail to perform maintenance and/or conduct inspections of the Private Drives, Owner, and/or its
successors or assigns, is hereby granted the right to perform any maintenance or inspections of
the Private Drives it deems necessary. All costs and expenses incurred by Owner, and/or its
successors or assigns, in exercising or enforcing its rights hereunder shall be paid or, at Owner's,
and/or its successors or assigns', election, reimbursed by Shenandoah HOA (or its successors or
assigns, as applicable), within thirty (30) days from the date Shenandoah HOA (or its successors
or assigns, as applicable) receives a bill or invoice from Owner, 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, Owner'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. Owner,
and/or its successors or assigns, shall have the right to enforce the terms of the Private Drives
maintenance easement by any remedy available at law or in equity. Shenandoah HOA is
responsible for and shall indemnify Owner, and/or its successor and assigns, for all of its losses,
costs and damages, including, but not limited to, attorneys' fees and costs.
13
PEDESTRIAN ACCESS AND UTILITY EASEMENTS
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, Owner
grants and conveys with special warranty of title unto Shenandoah HOA several public access
easements and utility easements for the purposes of constructing, using and maintaining utilities
and a sidewalk/trail over and across the Property as shown on the Plat described as "7 Private
Access Easement" and "12' Private Access Easement," said easements to be used exclusively for
utilities and pedestrian and non -motorized vehicular uses, subject to the following terms and
conditions:
1. Shenandoah HOA, its members and the residents of the Lake Frederick
community shall have full and free use of the easements for the purposes named, and shall have
all rights and privileges reasonably necessary to the exercise thereof and the right to use
adjoining land where necessary; provided, however, that this right to use adjoining land shall be
exercised only during periods of actual construction or maintenance, and further, this right shall
not be construed to allow Shenandoah HOA to erect any building or structure of a permanent
nature on such adjoining land.
2. Shenandoah HOA shall have the use of the easements free from any obstructions
and shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other
obstructions or facilities in or near the easements being conveyed, deemed by it to interfere with
the proper and efficient construction, use and maintenance of said easements.
3. Shenandoah HOA shall have the right in its sole discretion to provide paving and
to plant trees and shrubbery within the easements which shall remain the property of Shenandoah
HOA, its successors and assigns.
14
4. The construction, repair and maintenance of the easement areas shall be the
responsibility of Shenandoah HOA.
5. Shenandoah HOA shall be responsible for any and all maintenance of the
pedestrian access and utility easements and shall conduct periodic inspections of the pedestrian
access and utility easements. Should Shenandoah HOA fail to perform maintenance and/or
conduct inspections of the pedestrian access and utility easements, Owner, and/or its successors
or assigns, is hereby granted the right to perform any maintenance or inspections of the
pedestrian access and utility easements it deems necessary. All costs and expenses incurred by
Owner, and/or its successors or assigns, in exercising or enforcing its rights hereunder shall be
paid or, at Owner's, and/or its successors or assigns', election, reimbursed by Shenandoah HOA
(or its successors or assigns, as applicable), within thirty (30) days from the date Shenandoah
HOA (or its successors or assigns, as applicable) receives a bill or invoice from Owner, 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, Owner'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. Owner, and/or its successors or assigns, shall have the right to enforce the terms of the
pedestrian access, trail and utility easements by any remedy available at law or in equity.
Shenandoah HOA is responsible for and shall indemnify Owner, and/or its successor and
assigns, for all of its losses, costs and damages, including, but not limited to, attorneys' fees and
costs.
15
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, Owner
grants and conveys with special warranty of title unto Shenandoah HOA, Open Space Parcels A-
1, B-1, C-1 and F-1, Phase 5, Section 1, Lake Frederick, containing 17.3351 acres, to have and to
hold unto Shenandoah HOA, its successors and assigns.
The foregoing conveyance of the Open Space Parcels to Shenandoah HOA is subject to
the following rights and conditions:
1. Shenandoah HOA shall be responsible for any and all maintenance of the Open
Space Parcels and shall conduct periodic inspections of the Open Space Parcels. Should
Shenandoah HOA fail to perform maintenance and/or conduct inspections of the Open Space
Parcels, Owner, and/or its successors or assigns, is hereby granted the right to perform any
maintenance or inspections of the Open Space Parcels it deems necessary. All costs and
expenses incurred by Owner, and/or its successors or assigns, in exercising or enforcing its rights
hereunder shall be paid or, at Owner's, and/or its successors or assigns', election, reimbursed by
Shenandoah HOA (or its successors or assigns, as applicable), within thirty (30) days from the
date Shenandoah HOA (or its successors or assigns, as applicable) receives a bill or invoice from
Owner, 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, Owner'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. Owner, and/or its successors or assigns, shall have the right to
16
enforce the terms of the Open Space Parcels by any remedy available at law or in equity.
Shenandoah HOA is responsible for and shall indemnify Owner, and/or its successor and
assigns, for all of its losses, costs and damages, including, but not limited to, attorneys' fees and
costs.
TRUSTEE'S RELEASE AND SUBORDINATION
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, the
Trustee, as authorized to act by Beneficiary, as shown by its execution hereto, does release and
discharge from the lien of the Credit Line Deed of Trust those portions of the Property dedicated
for public use, Parcel D, Open Space Parcels A-1, B-1, CA and F-1, Phase 5, Section 1, Lake
Frederick and each Private Drive and subordinate the lien of the Credit Line Deed of Trust to the
easements herein conveyed.
TO HAVE AND TO HOLD SAID released property unto Owner, its successors and
assigns, fully release and discharged from the liens and operations of the Credit Line Deed of
Trust.
It is expressly understood that the release of the portion of the Property from the lien of
the Credit Line Deed of Trust shall not affect in any way the lien of the Credit Line Deed of
Trust upon other land conveyed thereby and not released hereby, and the Credit Line Deed of
Trust shall remain in full force and effect as to the land conveyed thereby and not released
hereby, subject to the easements herein conveyed.
17
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 proper 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
Owner, the owner and proprietor of the Property and the Trustee.
Shenandoah HOA shall execute this Deed for the purpose of accepting responsibility for
all maintenance and other obligations assigned to or assumed by Shenandoah HOA under this
Deed.
[remainder of page intentionally left blank]
IN
WITNESS the following seals and signatures:
MREC SHENANDOAH VA LLC
By: Shenandoah Ston Partners, LLC
Its: Manager_
By: Timothy L. Kissler
Its: Manager
STATE/COMMONWEALTH OF %r�u M fA
CITY/COUNTY of L�✓�1�✓n , to -wit:
The foregoing instrument was acknowledged before me thisAay of L:1 , 2018
by Timothy L. Kissler, Manager of Shenandoah Station Partners, LLC, Manager of MREC
SHENANDOAH VA LLC.
My commission expires -031 2.0
Registration No. j ?4 "
Notary ublic
i -
SHENANDOAH HOMEOWNERS ASSOCIATION, INC.
By: Timothy L. Kissler
Its: Vice President
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF I _�� �R,� , to -wit:
The foregoing instrument was acknowledged before me this) -A, �d'ay of, 2018
by Timothy L. Kissler, Vice President of SHENANDOAH HOMEOWNERS A�ATION,
INC.
—Zgi
Notary Publi
My commission expires:
Registration Number:
19
STATE/COMMONWEALTH OF
CITY/COUNTY OF
JAMES B. LEEDS, TRUSTEE
to -wit:
The foregoing instrument was acknowledged before me this _day of , 2018
by JAMES B. LEEDS, TRUSTEE.
Notary Public
My commission expires:
Registration Number:
KI RLY ZOME`RS, TRUSTEE
STATE/COMMONWEALTH OF 6i
CITY/COUNTY OFz. v� .. , to -wit:
The foregoing instrument was acknowledged before me this I" day of 2018
by KIMBERLY SOMERS, TRUSTEE.
Notary Public
My commission expires: ( —,) 6
Registration Number: 3 -7-3 G% (� ��``1I � �
.G
REGISTRATION NO.. -
323696 =
'My COMM, EXPIRES:
06/30/2018
QOF �IRG�N�P'
1PUe\\
20
__�!
SANDY SPRING ANK
By: Thomas P. Loomis
Its: Senior Vice President
STATE/ ,4WNW ALTH OF _
CIT OIJNT OFA' , to -wit:
The foregoing instrument was acknowledged before me this Ay of
by Thomas P. Loomis, Vice President of SANDY -S-PRING BANK
-.
My commission expires: p:%-1 .
Registration Number: _ l i
21
a`''`4/1/1//t't�I
aA'�pONNA C
. REG U6(1C : 75 -
YC
yC 119333
O81
31
;
�• EXP R 1 SSICN :�
��'%lniFgC TH OF ��F .•�� ,
2018
A_Al(lh0t( MIN
FREDERICK COUNTY SANITATION AUTHORITY
d.b.a. FLEDE ICI TERM
By: d
Its:iC,-
STATE/COMMONWEALTH OF ) f t n E ck.
CITY/COUNTY OF to -wit:
�1
by NThe foreoing jnstru ?ent vyas ac{k�nowledged before me this`�s day of 2018
j � �� { [�t t'� I t�, tc �s�ioni Uta &- of FREDERICK COUNTY SANITATION
AUTHORITY d.b.a. FREDERICK WATER.
My commission expires:
Registration Number: (,
�e�`rt,�d`1iM01Nft 10110
MbTMV PAUC
awmwmea th or V"kv
Gag;. Or 7k -S-5*) w'T
My Cmnmission Exit 7., I _21
22
Notary Public 6