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HomeMy WebLinkAbout02-18 Deed - Section 14BDEED OF DEDICATION SUBDIVISION EASEMENT AND CONVEYANCE c - THIS DEED OF DEDICATION, SUBDIVISION, EASEMENT AND CONVEYANCE is made this day of July, 2019, by and between BROOKFIE,LD S`I'EPHENSON VILLAGE, L.L.C., a Virginia limited liability company, its successors and assigns ("Owner'), parties of the first part, and the COUNTY OI= FREDERICK, VIRGINIA, the FREDERICK COUNTY SANITATION AUTHORITY d/b/a FREDERICK WATER, a body corporate and politic ("the Authority"). SNOWDEN BRIDGE COMMUNITY ASSOCIATION, an association formed pursuant to the Virginia Property Owners Association Act ("Snowden Bridge Association"), and SNOWDEN ORCHARD COMMUNITY ASSOCIATION, an association formed pursuant to the Virginia Property Owners Association Act ("Snowden Orchard Association"), parties of the second part. WITNESSETH WHEREAS, Owner is the owner of the property known as 'Fax Map No. 44-A-293 by Instrument No. 040021293 and by Boundary Line Adjustments at Instrument Nos. 070005227 Document prepared without the benefit of title examination bv: Thomas Moore Lawson. Esquire P. O. Box 2740 Winchester, VA 22604 Tax Map Nos. 44-A-293: 44-A-3113 Consideration: $1.00 Return to: Thomas Moore Lawson, Fsquirc 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 Snowden Bridge Community Association 3201 Jermantown Road. Suite 150 Fairfax. VA 22030 Snowden Orchard Community Association 3201 Jermantown Road, Suite 150 Fairfax. VA 22030 and 110007386, and of Tax Map No. 44-A-3113 by Instrument No. 110007387, located in Stonewall 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 the Property into lots and parcels, and to dedicate, grant and convey for public use, the streets and thoroughfares in accordance with this Deed and the plat dated April 1, 2019, entitled "Final Subdivision Plat Snowden Bridge Section 14B" and prepared by Greenway Engineering, Inc., 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 Snowden Bridge Association and Snowden Orchard Association, 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 Snowden Bridge Association and Snowden Orchard Association: and WHEREAS, the Property is, or will be, subject to the terms and conditions of the Declaration for Snowden Bridge, a declaration for a property owners association formed pursuant to the Virginia nonstock corporation act and recorded in the aforesaid Clerk's Office as 1) Instrument No. 0700188 36, and the Declaration for Snowden Orchard, 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. 180006110 and as corrected by Instrument No. 180006587 (collectively 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 4.5323 acres into lots and parcels to be known as Lots 10 through 27, inclusive, Lots 55 through 82, inclusive, and Open Space Parcels A through C. inclusive, Section 14B, Snowden Bridge in accordance with the Plat which is expressly incorporated herein and made a part of this Deed as well as two (2) private drives shown and depicted on the Plat as "Crofton Court" and "Starry Way Drive" 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 and across all public and private easements. Notwithstanding the foregoing, in the event any of 3 such public and private easements are hereafter adjusted. relocated. reconfigured, or otherwise altered. these easements shall automatically be adjusted so that no portion of the Property which ceases to be a public or private easement shall be subject to these easements. STORM DRAINAGE 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. several twenty foot (20') storm drainage easements, identified on the Plat as "20' Storm Drainage 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 said Property of Owner, said easements being more particularly bounded and described on the Plat. The foregoing easements are subject to the following conditions where applicable: 1. All storm sewers, manholes, inlet structures, and appurtenant facilities which are installed in the 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 4 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, c; structures. or other obstructions or facilities in or near the easements being conveyed, deemed by N c., 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 I:acilities;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 5 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 stone 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 andi'or Snowden Bridge Association shall be responsible for maintenance of storm drainage easements conveyed herein in accordance with the terms and conditions of the Declaration maintenance obligations shall run with the land. Each lot owner's responsibility to perform such SANITARY SEWER AND WATER LINE 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, several water and sanitary sewer easements (the "FCSA 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 comlections and connection lines, sanitary lateral lines. manholes and other appurtenant facilities (collectively, the "Facilities"). for the transmission and 6 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 "30' Frederick Water Easement" (the `Easement Area") on the Plat, attached hereto and made a part hereof subject to the following conditions: r. 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 said FCSA Easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the FCSA Easements, 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 Arca, 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 7 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. cS 4. Owner reserves the right to construct and maintain roadways over the Easement r"..) Area and to make any use of the Easement Area which may not be inconsistent with the FCSA Easements rights herein conveyed, or interfere with the use of the FCSA Easements 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 the FCSA Easements. 5. At such time as any portion of 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 E. 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. C"s fN,_, 6. Owner covenants that it is seized of and has the right to convey said FCSA =! Easements, rights and privileges, that the Authority shall have quiet and peaceable possession, use and enjoyment of the FCSA hasements, rights and privileges, and that Omer shall execute such further assurances thereof as may be required. 7. In the event the Authority notifies Owner (or its successors or assigns, as applicable) of a violation of the terms of these the FCSA Easements and Owner (or its successors or assigns. as applicable) 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 (or its successors' or assigns', as applicable) 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 (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 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 these FCSA Easements by any remedy available at law or in equity. 9 8. If the Authority is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of these FCSA Easements, the Authority shall be awarded its costs and expenses, including reasonable attorneys' 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 "Variable Width Private Access Easement" and "40' Private Access Easement" for the use and benefit of the lot(s) served thereby. Each parcel subject to an easement for ingress and egress, as well as the easement itself, may hereinafter collectively be referred to as "Private Drives." Crofton Court shall serve Lots 19 through 27, inclusive, Lots 55 through 58, inclusive, Open Space Parcel A and Open Space Parcel B. Starry Way Drive shall serve Lots 10 through 18, inclusive, Lots 59 through 82, inclusive, Open Space Parcel A and Open Space Parcel C. Snowden Orchard Association shall be responsible for the maintenance and repair of the easement areas specific to Open Space Parcels A through C, inclusive. The costs of maintenance, repair and/or replacement shall be assessed against the individual lots benefited by the applicable Private Drives and parking spaces located within the Private Drives, as "Limited Common Expenses," as determined by the Board of Directors of Snowden Orchard Association, pursuant to the teens 10 and conditions of the Declaration. The construction, maintenance and repair of the easement areas shall not be the responsibility of the County. These easements shall include the irrevocable right of each owner of a benefited lot, their successors, assigns, tenants, guests and invitees to have vehicular and pedestrian access. as necessary, to and from their respective lots over the respective Private Drives. 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 Snowden Orchard Association, from time to time, provided that in no event shall any lot's access be eliminated or materially impaired. In the event the parties hereafter enter into any boundary line adjustments or similar documents affecting any Private Drives and parking spaces located within the Private Drives, the easement shall only affect the Private Drives and parking spaces located within the Private Drives, as so adjusted, and shall not affect any individual residential lot. The foregoing Private Drives and parking spaces located within the Private Drives granted to Snowden Orchard Association are subject to the following rights and conditions: 1. Snowden Orchard Association shall be responsible for any and all maintenance of the Private Drives and parking spaces located within the Private Drives and shall conduct periodic inspections of the Private Drives and parking spaces located within the Private Drives. Should Snowden Orchard Association fail to perform maintenance and/or conduct inspections of the Private Drives and parking spaces located within 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 and parking spaces located within 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 Snowden Orchard Association (or its successors or assigns, as applicable), within thirty (30) days from the date Snowden Orchard Association (or its successors or assigns, as applicable) receives a bill or invoice from Owner, and/or its successors c. or assigns, for such costs and expenses. If such costs and expenses are not paid within the thirty c (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 conunence 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 by any remedy available at law or in equity. Snowden Orchard Association 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. COMMON SHARED UTILITY EASEMENTS THIS DEED FURTHER WI'lNESSETH, 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 Snowden. Bridge Association the common and shared utility easements over those certain areas and in the locations shown on the Plat, identified as -5* C.S.E.." in accordance with the terms and conditions of the Declaration. These easements are supplemental to, and not in lieu of or otherwise restrictive of easements for utilities, as set forth in the Declaration. 12 The foregoing common shared utility easements granted to Snowden Bridge Association are subject to the following rights and conditions: 1. Snowden Bridge Association shall be responsible for any and all maintenance of the common shared utility easements and shall conduct periodic inspections of the common shared utility easements. Should Snowden Bridge Association fail to perform maintenance I c; r`. and/or conduct inspections of the common shared utility casements. Owner, and/or its successors or assigns, is hereby granted the right to perform any maintenance or inspections of the common shared 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 Snowden Bridge Association (or its successors or assigns, as applicable), within thirty (30) days from the date Snowden Bridge Association (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 common shared utility easements by any remedy available at law or in cqulty. Snowden Bridge Association 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 CONVEYANCE OF OPEN SPACE PARCELS 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 Snowden Orchard Association, Open c Space Parcel A. Open Space Parcel B and Open Space Parcel C, Section 1413, Snowden Bridge, containing 1.2453 acres (collectively, the "Open Space- Parcels"), to have and to hold unto Snowden Orchard Association, its successors and assigns. The foregoing conveyance of the Open Space Parcels to Snowden Orchard Association is subject to the following rights and conditions: 1. Snowden Orchard Association shall be responsible for any and all maintenance of the Open Space Parcels and shall conduct periodic inspections of the Open Space Parcels. Should Snowden Orchard Association 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 Snowden Orchard Association (or its successors or assigns, as applicable), within thirty (30) days from the date Snowden Orchard Association (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 14 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 conveyance by any remedy available at law or in equity. Snowden Orchard Association 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. MISCELLANEOUS Headings made in this Deed are for convenience purposes only and are not intended to affect the express terms herein set 'forth. "Phis 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. Snowden Bridge Association and Snowden Orchard Association shall execute this Deed for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by Snowden Bridge Association and/or Snowden Orchard Association under this Deed. The undersigned warrants that this Deed is made and executed pursuant to authority properly granted by the articles of organization, operating agreement or majority vote of the members of Owner. [signatures of following pages] 15 WITNESS the following seals and signatures: BROOKFIELD STEPHENSON VILLAGE, L.L.C. ,r By: Neil Patel Its: Vice President of Land Development COMMONWEALTH OF VIRGINIA, CITY/COt1N'I'Y OF to -wit: The foregoing instrument was acknowledged before me this It day of 3V tk' -, 2019 by Neil Patel, Vice President of Land Development of BROOKFIELD STEPHENSON VILLAGE, L.L.C. Ar—otar ublic My commission expires:C 7Registration Number: ( Paula Lynn NOTARY PCommonwealtia Reg. # 7391295 My Commission Expires Sept. 30, 2019 16 SNOWDEN BRIDGE COMMUNITY ASSOCIATION By: Scott Gookin Its: President COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF�r'o�� to -wit: The foregoing instrument was acknowledged before me this 1t day of "42019 by Scott Gookin, President of SNOWDEN BRIDGF. COMMUNITY ASSOCIATION. No y Public EPaula Lynn Johnson ARY PUBLIC wealth of Virginia My commission expires: �1�, . # 7391295 Registration Number: n Expires Sept. 30, 2019 SNOWDEN ORCHARD COMMUNITY ASSOCIATION By: Scott Gookin Its: President COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF RLo(;!�4 , to -wit: The foregoing instrument was acknowledged before me this day of 2019 by Scott Gookin; President of SNOWDEN ORCHARD COMMUNITY ASSOCIATION. ota Public Paula Lynn Johnson ^� My commission expires NOTARY PUBLIC Commonwealth of Virginia Registration Number: Reg. # 7391295 My Commission Expires Sept. 30, 2019 t' 17 C