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HomeMy WebLinkAbout08-17 Deed - Section 1DEED OF DEDICATION SUBDIVISION EASEMENT AND CONVEYANCE THIS DEED OF DEDICATION, SUBDIVISION, EASEMENT AND CONVEYANCE is made this 244' 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 LAKE FREDERICK HOMEOWNERS ASSOCIATION, INC., an association formed pursuant to the Virginia Property Owners Association Act ("Lake Frederick HOA"), parties of the second part. 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 Lake Frederick Homeowners Association, Inc. c/o Community Management Corp 4840 Westfields Boulevard, Suite 300 Chantilly. VA 20151 WITNESSETH WHEREAS, Owner is the owner of the property known as Tax Map No. 87-A-103 by 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 November 19, 2017, entitled "Final Plat Property of Shenandoah Phase 3, Section 1 Lots 140 — 155" and prepared by Smith Engineering, 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 Lake Frederick 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, 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 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 Lake Frederick 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. 140007661 (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 2.8969 acres into lots and parcels to be known as Lots 140 through 155, inclusive, Phase 3, Section 1, Lake Frederick as well as one (1) private drive shown and depicted on the Plat as "Fringetree Court Parcel R I/E6" labeled as private street in accordance with the Plat which is expressly incorporated herein and made a part 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 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 3 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 grants and conveys unto the County, its successors and assigns, with general warranty of title, several fifteen foot (15') storm drainage easements, several twenty foot (20') storm drainage easements, several variable width storm drain easements, several variable width storm water management easements and access easements described on the Plat as "SDI 1," "SD12," SD13," "SWM3," "I/E6" and "AEY 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: rd 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 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 5 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 Lake Frederick 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 perform such maintenance obligations shall run with the land. R SANITARY SEWER AND WATERLINE 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 does hereby grant and convey unto the Authority, its successors and assigns an easement and right of way (the "Easements") 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 "FW" and "FW2" (the "Easement Area") on 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 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. 7 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 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 0 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 but are covenants running with the land which are and shall be binding upon Owner, its heirs, personal representatives, successors and assigns. 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 as "Fringetree Court Parcel R I/E6" 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." Fringetree Court shall serve Lots 140 through 155, inclusive, Phase 3, Section 1, Lake Frederick. Lake Frederick HOA shall be responsible for the maintenance and repair of the easement areas 10 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 Lake Frederick 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. 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 Lake Frederick 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 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. Lake Frederick HOA shall be responsible for any and all maintenance of the Private Drives and shall conduct periodic inspections of the Private Drives. Should Lake Frederick 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 Lake Frederick HOA (or its successors or assigns, as applicable), within thirty (30) days from the date Lake 11 Frederick 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. Lake Frederick 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. 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 Lake Frederick 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 "UT4" said easements to be used exclusively for utilities and pedestrian and non -motorized vehicular uses, subject to the following terms and conditions: 1. Lake Frederick 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 12 exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow Lake Frederick HOA to erect any building or structure of a permanent nature on such adjoining land. 2. Lake Frederick 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. Lake Frederick 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 Lake Frederick HOA, its successors and assigns. 4. The construction, repair and maintenance of the easement areas shall be the responsibility of Lake Frederick HOA. 5. Lake Frederick 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 Lake Frederick 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 Lake Frederick HOA (or its successors or assigns, as applicable), within thirty (30) days from the date Lake Frederick 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 13 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. Lake Frederick 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, Phase 3, Section 1, Lake Frederick 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 14 Trust shall remain in full force and effect as to the land conveyed thereby and not released hereby, subject to the easements herein conveyed. 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. Lake Frederick HOA shall execute this Deed for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by Lake Frederick HOA under this Deed. [remainder of page intentionally left blank 15 WITNESS the following seals and signatures: MREC SHENANDOAH VA LLC By: Shenandoah Stat* Partners, LLC Its: Manager By: Timothy Its: Manager STATE/COMMONWEALTH OF CITY/COUNTY of L e( , to -wit: Kissler The foregoing instrument was acknowledged before me this?,"fHtlay of/t1, 2018 by Timothy L. Kissler, Manager of Shenandoah Station P SHENANDOAH VA LLC. artners, LLC, Manager of MREC My commission expir��& o Registration No. Notar ublic�',,�� LAKE FRED RICK HOMEOWNERS ASSOCIATION, INC. By: Timothy L. Kissler Its: Vbc President COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF L -d ✓..�✓n , to -wit: The foregoing instrument was acknowledged before me this ay of2018 by Timothy L. Kissler, President of LAKE FREDERICK HO EOWNERS ASSOCIATION, INC. Notary Public My commission expires: Zo Registration Number: 16 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. My commission expires: Registration Number: Notary Public 4ERLY SOMERS, TRUSTEE STATE/COMMONWEALTH OFi� CITY/COUNTY OF 1&4 , to -wit: The foregoing instrument was acknowledged before me thisl LU -ay of, 2018 C by KIMBERLY SOMERS, TRUSTEE. V1.w My commission expires: � '2 U r/ yr Registration Number: ,3 2 3 & i Notary Public ��nuuurur�� \�� P� O�pAO N t•VFq�l Ccj/��� REGISTRATION NO. '. 323696 = MY COMM. EXPIRES: 06/30/2018 OF VIRG10 C 17 CjgRY IPU��\ \\\\�� d SANDY SPRING B- NK By: Thomas P. Loomis Its: Senior Vice President STATE NWE LTH OF �r�'�� CIT ' iJNTY F , to -wit: The foregoing instrument was acknowledge& before me this q day of 2018 by Thomas P. Loomis, Senior Vice President of SANDY SPRING BANK. Notary My commission expires:' Registration Number: ► �=L ,��`�<)ONNA..4 S • nlorgRy.?�,� RE PUe�IC - z 0 : My�G# 11,9333 _ EXPIRE-SSlON 8/3111 pts •' 'T .'�F� r8 0F'