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HomeMy WebLinkAbout06-17 Deed - Section 27 DEED OF DEDICATION, UBDIVISI0N, = EASEMENT AND CONVEYANCE THIS DEED OF DEDICATION, SUBDIVISION, EASEMENT A ID CONVEYANCE is made thisday of July, 2018, by and between MREC S14ENANTDOAH 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 COUNITY SANITATION AUTHORITY d.b-a. FREDERICK WATER, a body corporate and politic (the "Authority-"), and SHENANDOAH HOl'VIEOWNERS ASSOCiAT1ON, 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,lap No. 87-A-103 Consideration: $0.00 Return to: Thomas Moore Lawson, r'squire 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 Instrurrerit No. 130010885, located in, -")is[icl. Frederick County, 4'77"slnl3 and nocorded in the Office of the Clerk of t17e Circuit Co -tut of Fr<derick Count ,, Vi; inia (the "Property"'; and WHEREAS; it is the desire and intent of Okvner to subdivide a portion of the Prroperty 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 July, 2018, entitled "Final Plat Lake Frederick Phase 5 — Section 2" 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 Oxvner to grant and convey unto the Coi7nty 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 IIOA, 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 sul;iect 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 2 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 WITNESSi✓TI-I•, 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 47.2785 acres into lots and parcels to be known as Lots 13 through 36, inclusive, Lots 47 through 91, inclusive, Lots 114 through 128, inclusive, and Open Space Parcels A-1, B-1 and C-1, Phase 5, Section 2, Lake _Frederick as well as six (6) private drives shown and depicted on the Plat as "Rachel Carson Drive Parcel D-1," "Merlin. Court Parcel D-1," "Song Sparrow Drive Parcel D-1," "Walleye Court Parcel D-1," "Wakeley Way Parcel D -I" and "Mallard Drive Parcel D-1" labeled as private streets in accordance with the Plat which is expressly incorporated herein and made a pant of this Deed. 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 3 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, including that emergency access easement identified as "25' Wide Emergency Access Easement." 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 casements. 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 grants and conveys unto the County, its successors and assigns, with general warranty of title, several storm drainage easements described on the Plat as "Storm Easement" and "15' Wide 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 storm -water management facilities, storm drainage lines, storm sewer Iines, 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: M I . 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. �. 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 casements; provided, however, that the County, at its ow71 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 R 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. 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 easements conveyed herein in accordance .with the terms and conditions of the Declaration. Each lot owner's responsibility to perforni such maintenance obligations shall run with the land. rel 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 fi.iture 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," "I' Wide Frederick Water Easement," "20' Wide Frederick Water Easement," "2' Wide Frederick Water Easement" and "I0' Wide Frederick Water Temporary Construction Easement" (the "Easement Area") oil the plat entitled "Final Plat Lake Frederick Phase 5 — Section 2" and prepared by Urban, Ltd., certified land surveyors, (the "Plat") attached hereto and made a part hereof, subject to the following conditions: 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 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 7 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 lav�ns 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 8 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 risl, 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 or 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 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, 0 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. 9. Owner agrees that the agreements and covenants stated in this Deed are not covenants personal to Owner bort are covenants running with the land which are and shall be binding upon Owner, its heirs, personal representatives, successors and assigns. RETAINING WALL MAINTENANCE EASEMENT THIS DEED FURTHER WTTNESSETH, 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 Shenandoah HOA a retaining wall maintenance easement over Lots 64 through 67, inclusive, Phase .5, Section 2, Lake Frederick, and over those certain areas and in the locations shown on the Plat for the purposes of installing; providing access to and maintaining a retaining wall, identified as "12' Wide Retaining Wall Easement," in accordance with the terms 10 and conditions of the Declaration. This easement is supplemental to, and not in lieu of or otherwise restrictive of easements for utilities, as set forth in the Declaration. The _foregoing retaining wall maintenance easement shall be subject to the following conditions: 1. Shenandoah HOA and its agents shall have full and free use of the retaining wall maintenance easement, including ingress and egress on the retaining wall maintenance easement, for the purposes named herein, and shall have all rights and privileges reasonably necessary to utilize the retaining wall maintenance easement. In the event Shenandoah HOA is unable to reasonably exercise the right of ingress and egress over the retaining wall maintenance easement, Shenandoah HOA shall have the right of ingress and egress over the Property adjacent to the retaining wall maintenance easement in order to access the retaining wall maintenance easement; provided, however, that this right to use such adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow Shenandoah HOA to erect any building, structure or facilities on such adjoining land. 2. Shenandoah HOA shall have the use of the easement 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 easement being conveyed, deemed by it to interfere with the proper and efficient construction, use and maintenance of said easement. 3. Owner, and/or its successors and assigns, shall have the right to use the retaining wall maintenance easement in any manner which is not inconsistent with the rights granted to Shenandoah HOA herein. Owner, and/or its successors and assigns, shall at all times have the right to cross over and upon said retaining wall maintenance easement and to use the surface ll over the said retaining wall maintenance easement in such a manner as will _neither injure nor interfere with the maintenance of the retaining wall on the Property. 4_ Shenandoah HOA shall be responsible for any and all maintenance of the retaining wall maintenance easement and shall conduct periodic inspections of the retaining wall maintenance easement. Should Shenandoah HOA fail to perforin maintenance and/or conduct inspections of the retaining wail maintenance casement, Owner, and/or its successors or assigns, is hereby granted the right to perform any maintenance or inspections of the retaining wall maintenance easement 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 aimum. Owner, and/or its successors or assigns, shall have the right to enforce the terms of the retaining wall maintenance easement by any remedy available at law or in equity. Shenandoah. HOA is responsible for and shall indemnify Owner, anal/or its successor and assigns, for all of its losses, costs and damages, including, but not limited to, attorneys' fees and costs. 12 PRIVATE, SANITARY SEWER EASEMENT THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dol1_ar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner creates and establishes an easement for the purpose of constructing, operating, maintaining, adding or altering present or future sanitary sever lines, structures and appurtenances installed for the collection and transmission of sanitary sewage through and across the Property, for the use and 'benefit of Lots 56 and 57, Phase 5, Section 2, Lake Frederick said easement being more particularly bounded and described on the Plat as "20' Wide Private Sanitary Easement." This easement may be modified, amended, altered, or extinguished hereafter, by an instrument recorded among the land records of the aforesaid Clerk's Office, and executed jointly by the respective owners of Lots 56 and 57, Phase 5, Section 2, Lake Frederick. Owner, its successors and assigns, shall be responsible for the repair and maintenance of the easement area until such time that Lots 56 and 57, Phase 5, Section 2, Lake. Frederick may be conveyed to individual owners. At such time that the lots are conveyed the individual owners shall be jointly and severally responsible for construction, repair and maintenance of the easement area and shall equally bear the cost of such construction; repair and maintenance. An individual owner shall have the right to use the adjoining Property in order to perform such maintenance and repairs as are necessary. The construction, repair and maintenance of the easement area shall not be the responsibility of the County, the Authority or the Commonwealth of Virginia. The foregoing private sanitary sewer easement shall be subject to the following conditions: 1. Owner, and/or its successors and assigns, shall be responsible for any and all maintenance of the private sanitary sewer easement and shall conduct periodic inspections of the 13 private sanitary sewer easement. Should Owner, and/or its successors and assigns, fail to perform maintenance and/or conduct inspections of the private sanitary sewer casement, Shenandoah HOA is hereby granted the right to perform any maintenance or inspections of the private sanitary sewer easement it deems necessary. All costs and expenses incurred by Shenandoah HOA in exercising or enforcing its rights hereunder shall be paid or, at Shenandoah HOA's election, reimbursed by Owner (or its successors or assigns, as applicable), within thirty (30) days from the. date Owner (or its successors or assigns, as applicable) receives a bill or invoice from Shenandoah IJOA, 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, Shenandoah HOA's attorneys' fes and costs, shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. Shenandoah HOA shall have the right to enforce the terms of the private sanitary sewer easement by any remedy available at la -vv or in equity. Owner, and/or its successors and assigns, is responsible for and shall indenuvfy Shenandoah HOA, for all of its losses, costs and damages, including, but not limited to, attorneys' fees and costs. PRIVATE DRIVE INGRESSIEGRESS EASEMENTS THIS DEED FURTHER Wi1NESSETH, 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 D-1," "Merlin Court Parcel D -I," "Song Sparrow Drive Parcel D-1," "Walleye Court Parcel D -I," "Wakeley Way Parcel D-1" and "Mallard Drive Parcel D-1" for the use and 14 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." Merlin Court shall serve Lots 14 through 20, inclusive, Phase 5, Section 2, Lake Frederick. Song Sparrow Drive shall serve Lot 13 and Lots 21 through 36, inclusive, Phase 5; Section 2, Lake Frederick. Rachel Carson Drive, Wakeley Way and NValleye Court shall serve Lots 47 through 69, inclusive, Phase 5, Section 2, Lake Frederick. Rachel Carson Drive and Mallard Drive shall sere Lots 70 through 91, inclusive, and Lots 114 through 128, inclusive, Phase 5, Section 2, 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 CommonN�,ealth 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 15 Shenandoah 140A, frolic time to time, provided that ;n no went shall :li:y lot's Cf =SF 'Dd; eliminated or materially impaired. In the event the parties hcreaftei er]te:r iri s; any bo rt(hiry line <7djustinenis or similar docui ients affecting any Private Drive, the easelnclit , a1.1 orilct atfeci #hc. P.rivsate. Drive, as so ae-usted, and, shall not affect any .indli,4dual resid.eotial lc.t. The foreboixig l�ri�.-ates Drives shall be subject to the :folio,viiii, coriditiuiis: 1. Shenandoah ITOA shall be responsible, for an and/ all ]arainteIi;;ll.:e of the .Pi-]vrtc Drives and shall conduct periodic mspectiorls of the Private Drives, Should +.honandoah BOA fail to perforin irrainte]]ance mad/or conduct Inspections of Ube Private Drives, aznd/`or its suc.cessors or assigns. is hereby oranti'd the i'r£T}]t to perform a3r`,' .Izratiitenance c - It1s�]eCtiOnS of the !Titrate Drives it deems necessary. All costs and expenses incurn d by Owner: ander its saxcessors or assigns, in exe;cis.iiag crr ;n.tolciug its xiglits liercunder shall be 1,l-. (! or. at t)w tier's. and."or Its successors or assif`.{ns% election, reimbursed by Sh ri ndoall IJO (or its successors or assigns, as applicable)_ „ithirt thirty ('30) days frorn the date Sheiiandoah Il0A. (or its successors or assigns, as applicable) receives a bill or invoice from Owrier, and. -'Or its suec ssors or assigns, for such costs and expenses, If such costs and expenses are not paid ,-tithi_ri the thirty ( 10) day period referon.ced in the preceding sentence, all such costs and etperu es,inciiadint„ bili not limited to, Owner's, and/or its successors and assigns', attorneys' .fes axidl 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 rinht to en.f c]rce the terms of til;: i'.r i, -ate Drives maintenance easement by any rerriedly available ill. law or in equity. S#icil.aridoah tiOA is responsible for and shall indeniniN O,vner, and/or :its successor and assigns, fox all of its costs and damages, including, birt not liiz] ted to, attorneys trees and Costs. 16 PEDESTRIAN ACCESS AND-UTILFFY LASENI>fWI:; THIS DEED FURTHER `WI INTESSETH. that iII colzsideration o,� the ►� ►o �vs N•. i" and the stem of One Dollar ($1.00) cashin +trthrl paid, receipt of wh r lI is hereby ackno•,84edged, Owjier grants C t u comicys with special currant of title unto Shetu:indoa4 HOA several pobtic access case.nients and utility easements for tl-tC purpos:-s ofconstructilig, using and rrtr,iniaining util:" and a si.dewalkltrail over and acrossthe Property els shoLti'n oras I'l,.t r1tSG2'7hCd. as `Prl1%ill: Access EaseMCDt," "T ' Vide _tlriva-te Access s Easernent" atld "12' W1; -.1e Private Access asement,s; said easerocrlts to be ;Iscd exchlsively for t►i_iliti.es and pcdestritjn axtcl nc-,ji-motorized vehicular uses, subject to the f611011. Ing tern -is a tld con(litions.- 1. Shenandoah HOA, its aictr►bers and die residents of the Lake Tri°dirk,: cornnumity shall have full and free use of the easements _tbr the pu poses Ilan:Iezl. z►ld slI Ill have all riehts and privileges reascnably neee,sary to th-e exerciso thereof an(] tic ri ht to use adjoining'Land vvhere necessary; pro"Ided; 1-,.otivever, that this right to use adjoining land sha t be exercised only during periods of actual construction or inainteriance, and further_ tris right. shall -lot be construed to allow Shenani o 311 TIO:i. to erect any bhlilc'ing 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. 17 4. The constriction, repair and maintenance of the easement areas shall be the responsibility of Shenandoah HOA. 5. Shenandoah HOA sh=all be responsible for any and ..1i razaai.J.ierja+net of flat. pedestrian access and utility easertienis and shaall conduct periodic in:specrif�a,.s of the fic.aest-tiara access and utility easements, Should Shunandoah 14OA Bail to perforrcz. !?:;,F�z.ena?rre �7Lf,c?!t?i conduct inspections of the pedestrian access and utility easements, C�rta:.r carr;'=,, a successo,s or assigns; is hereby granted the right to perforin any Mamt.enance or insi)c ctioiis of the pedestrian access and utility easeirent.s it deems necessary. All costs at.d erpea,ses incurred by Owner, and/or its successors or assigns, in exercising or enforcing its rights here -ander :shall be paid or, at O,.vner's, and/or its successors or assigns', elect.io.n, rei_nibursed b., Shenandoah HOA (or its successors or assigns; as applicable.), within thirty (30 ) days from the dale .Shenandoaah 1=10A (or its successors or assigns, ars applicable) receives as bill or invcaice irov, Owr. e •. and/or isi soccessors or assigns, for such costs and expenses, If such costs an(' e\verses, acre; not paid wit the thirty (30) day period referenced in the preceding sentence, all wash costs: and expanses, including, but not limited to, OkvneCs. and/or its successors and assa'ns', attij:rnLy. ices and costs, shall immediately commence bearing interest at the rate of tNvelvc percent (121Y)") per a.tinum. Owner, and/or its successors or assigns, shall have the right io onforce the terms of tine pedestrian. access, trail and utility easements by any remedy available at la v- or it) egiiity. Shenandoah HOA is .responsible. for and shall indemnify 0Avi.?er, and/or its successor and assigns, for all of its losses, costs and damages, including, but not lin.?ited to, attorneys, fees and costs. is 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 and C-1, Phase 5, Section 2, Lake Frederick, containing 28.5984 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 6e followi.n.g 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 Mthin 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 Open Space Parcels by any remedy available at law or ir. equity. 19 MISCELLANEOUS Headings made in this Deed are for convenience purposes only and are not intended to affect the express terins 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] 21 WITNESS the following seals and signatures: MREC SHENPNDOAH VA LLC By: Shenandoah Station Partners, LLC Its: Manager By: Timothy L. Kissler Its: Manager OF, C!TY/COUNTof _=-to-wit: The -foregoing instrument was ackr-ovvledped before me this Yr oI 20 -S by Timothy L. Kissier, Nlaiia-ger of Shenandoah Station Parh.-Ie,- SHENANDOAH VA LLC. s, UC, Manager of N"IRI--'C I 2-o My cornmission, 3 1expires 1 f Registration No. 17-f�k SHENANDOAH HOMEOWNERS ASSOCIATION, INC. By: Timothy L. Kissler Its: Vice President Notary .public COMMONWEALTH OF VIRGINIA, CITY/COUNTY QF The foregoing instrument was acknowledged before me this�Ll:day of_2018 by Timothy L. Kissler, Vice President of SHENANDOAH HOMEOWNERS --ASS-*( �TION, INC. Xotary Public My commission expires: Registration NTumber-., 22 JAMES B. LEEDS, TRUSTEE STATE/COMMONWEALTH OF CITY/COUNTY OF -- - — - I to -wit: The foregoing instrument was acknowledged before me this_ day of 2018 by JAMES B. LEEDS, TRUSTEE. Notary Public My commission expires: Registratiort Number. k*11B RL SOMERS, TRUSTEE STATE/COMMONWEAL FIOF CITY/COUNTY OF -to -wit: The foregoing instrument was acknowledged before me this Zhtv Of A—t/Pj 2018 by KIMBERLY SOMERS, TRUSTEE. LYNDA MARIE STEWART Notary Public Commonwealth of Virginia Registration No. 7073654 My Commission, Expires Jun 30, 2022 My commission expires: Registration Number: '-1T13t15q 23 Notary Public BANDIT SPRING BANK -_ By: Thomas P. Loomis Its: Senior Vice President STATE/ MMONWEALTH OF �t�r CIT CUUOF _- o----- : The foregoing instrument was acknowledged before me this day, ofA c._t 17,.- 201 8 by Thomas P. Loomis, Vice President of SANDY SPRING Bails__ { My commission expires: i-,31 i Registration Number: _JA 2� 24 �A otary off 1'0000 Pill Z " y'* �% ate, •�� � 6�x ���.L7W `�� 1••b4 10'I-11/111110