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HomeMy WebLinkAbout01-19 Deed - Section 15DEED OF DEDICATION, SUBDIVISION, EASEMENT AND CONVEYANCE THIS DEED OF DEDICATION, SUBDIVISION, EASEMENT AND CONVEYANCE is made this 7 day of November, 2019, by and between BROOKFIELD STEPHENSON VILLAGE, L.L.C., a Virginia limited liability company, its successors and assigns ("Owner") parties of the first part, and the COUNTY OF FREDERICK, VIRGINIA, 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. WITNESSETI-1 WHEREAS, Owner is the owner of the property known as Tax Map No. 44-A-293 by Instrument No. 040021293 and by Boundary Line Adjustments at Instrument Nos. 070005227 and 110007386, and as Tax Map Nos. 44-A-3113 and 44 -A -292A 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 Document prepared without the benefit of title examination by: Thomas Moore Lawson, Esquire P. 0. Box 2740 Winchester, VA 22604 Tax Map Nos. 44 -A -292A, 44-A-293; 44 -A -31B Consideration: $1.00 STONEWALL MAGISTERIAL DISTRICT 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 Snowden Bridge Community Association 3201 Jermantown Road, Suite 150 Fairfax, VA 22030 Snowden Orchard Community Association 3201 Jermantown Road, Suite 150 Fairfax, VA 22030 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 August 29, 2019, entitled "Final Subdivision Plat Snowden Bridge Section 15" 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 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 Instrument No. 070018836, 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"). 0� -r 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 22.2269 acres into lots and parcels to be known as Lots 1501 through 1569, inclusive, and Open Space Parcels 15A through 15E, inclusive, Section 15, Snowden Bridge in accordance with the Plat which is expressly incorporated herein and made a part of this Deed as well as one (1) private drive shown and depicted on the Plat as "Centifour Drive" in accordance with the Plat which is expressly incorporated herein and made a part of this Deed. STREET DEDICATION THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner dedicates unto the County the 4.6995 acre portion of the Property for public streets purposes as so designated on the Plat. This dedication is made in accordance with the statutes made and provided therefore. EMERGENCY INGRESS AND EGRESS EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner grants and conveys unto the County, its successors and assigns, an easement for ingress and egress, for construction and maintenance of utilities, for County and other emergency vehicles, and for the purpose of performing any governmental functions which the County may find 3 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 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 variable width storm drainage easements, several seven and one-half foot (7.5') storm drainage easements, several ten foot (10') storm drainage easements and several twenty foot (20') storm drainage easements, identified on the Plat as "Storm Easement," "7.5' Storm Easement," "10' Storm Easement" and "20' Storm Easement" which shall run with the land and be perpetual easements for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of stormwater and its transmission through and across 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 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 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. R 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 Snowden Bridge Association shall be responsible for maintenance of 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. SIGHT DISTANCE 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 several sight distance easements, identified as "Sight Distance Easement," which shall run with the land and be perpetual easements for the purposes 0 of ensuring a clear zone of safe sight lines for vehicles traveling 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. Owner, its successors and assigns, shall not permit the construction of any structures or fences within the easements; however, Owner, its successors and assigns, may erect signs and install ground cover and "low growth" shrubs/plantings within the easements so long as any and all obstructions within the easements are no more than two (2) feet in height in order to maintain the "clear zone" required by the Commonwealth of Virginia Department of Transportation's landscaping guidelines within sightline areas. 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 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 shrubbery, structures, or other obstructions or facilities in the easements being conveyed, deemed by it to interfere with the proper and efficient 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 shrubbery, the reseeding or resodding of lawns or pasture areas, and the replacement of permitted signs located within the easements. VA 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 maintenance of said easements; 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 maintenance of said easements. 5. The individual lot owners and/or Snowden Bridge Association shall be responsible for maintenance of the sight distance 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. 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 "40' Private Street" and "Private Street" 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." Centifour Drive shall serve Lots 1547 through 1556, inclusive, and Open Space Parcel 15D. The costs of maintenance, repair and/or replacement shall be assessed against the individual lots benefited by the applicable Private Drives as "Limited Common Expenses," as determined by the Board of Directors of Snowden Orchard Association, 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. 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, the easement shall only affect the Private Drives, as so adjusted, and shall not affect any individual residential lot. The foregoing Private Drives granted 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 Private Drives and shall conduct periodic inspections of the Private Drives. Should Snowden Orchard Association 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 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 9 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 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 SHADED 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 unto Snowden Bridge Association the common and snared 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. 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 and/or conduct inspections of the common shared utility easements, Owner, and/or its successors or assigns, is hereby granted the right to perform any maintenance or inspections of the common 10 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 equity. 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. 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 Space Parcel 15A through 15E, inclusive, Section 15, Snowden Bridge, containing 9.4502 acres (collectively, the "Open Space Parcels"), to have and to hold unto Snowden Orchard Association, its successors and assigns. 11 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 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. 12 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. 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] 13 WITNESS the following seals and signatures: BROOKFIELD STEPHENSON VILLAGE, L.L.C. By: Neil Patel Its: Vice President of Land Development COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF FAIRFAX to -wit: The foregoing instrument was acknowledged before me this 7 day of Nov. 2019 by Neil Patel, Vice President of Land Development of BROOKFIELD STEPHENSON VILLAGE, L.L.C. otary blic My commission expires: Sept. 30, 2023 Registration Number: 7391295 EIPPAULA �.YNN JQHNSOh�RY PUBLIC 7391295 NWEALTH OF 101RGINIA SION EXPIRES 09-30-2023 14 SNOWDEN BRIDGE COMMUNITY ASSOCIATION By: Scott G41n Its: President COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF FAIRFAX to -wit: The foregoing instrument was acknowledged before me this 7 day of Nov. 2019 by Scott Gookin, President of SNOWDEN BRIDGE COMMUNITY ASSOCIATION. Totary ublic PAULA LYNN JOHNSON My commission expires: Sept. 30, 2023. NOTARY PUBLIC 7391295 Registration Number: 7391295 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 09-30-2023 SNOWDEN ORCHARD COMMUNITY ASSOCIATION COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF FAIRFAX By: Scott ookin Its: President to -wit: The foregoing instrument was acknowledged before me this 7 day of Nov. , 2019 by Scott Gookin, President of SNOWDEN ORCHARD COMMUNITY ASSOCIATION. My commission expires Sept. 30, 2023 Registration Number: 7391295 15 otary blic PAULA LYNN JOHNSON NOTARY PUBLIC 7391295 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 09-30-2023 SUPPLEMENTARY DECLARATION FOR SNOWDEN ORCHARD COMMUNITY ASSOCIATION SNOWDEN BRIDGE COMMUNITY ASSOCIATION THIS SUPPLEMENTARY DECLARATION ("Supplementary Declaration") is made this ? day of November, 2019 by and among BROOKFIELD STEPHENSON VILLAGE, L.L.C., a Virginia limited liability company ("Declarant"); SNOWDEN BRIDGE COMMUNITY ASSOCIATION, a Virginia non -stock corporation ("Master Association") and SNOWDEN ORCHARD COMMUNITY ASSOCIATION, a Virginia non -stock corporation ("Subassociation"). RECITALS: A. Declarant is the owner of that certain parcel of real property located in Frederick County, Virginia legally described as Lots 1501 through 1569, inclusive, Section 15, SNOWDEN BRIDGE, as duly dedicated, platted. and recorded by that certain "Deed of Dedication, Subdivision, Easement and Conveyance" recorded as Instrument No. _ among the land records of Frederick County, Virginia (the "Deed"), and as depicted on the subdivision plat attached thereto dated August 29, 2019 and titled "Final Subdivision Plat Snowden Bridge Section 15" (the "Plat"). B. Declarant is also the holder of certain private access easements for ingress and egress for access to Open Space Parcels 15A through 15E, inclusive, and for the construction and maintenance of utilities, all as more particularly described in the Deed, and the private drives designated on the Plat as "Centifour Drive" (collectively "Private Drives"). C. Master Association is the holder of certain common shared utility easements, all as stated in the Deed and on the Plat. D. Subassociation is the owner of those certain parcels of real property located in Frederick County, Virginia legally described as Open Space Parcels 15A through 15E, inclusive, Section 15, SNOWDEN BRIDGE, as duly dedicated, platted and recorded by the Deed. E. Lots 1501 through 1569, inclusive, and Open Space Parcels 15A through 15E, inclusive, shall be collectively referred to herein as the "Property." F. Declarant is the Declarant of that certain Declaration for Snowden Bridge (the "Master Declaration") recorded as Instrument Number 070018836 among the aforementioned land records, as it may be amended from time to time. Document prepared without the benefit: of title examination by: Thomas Moore Lawson, Esquire P. O. Box 2740 Winch ster, VA 22604 Tax Map Nos. 44 -A -292A; 44-A-293; 44-A-3 1B Consideration: $1.00 STONEWALL MAGISTERIAL DISTRICT Return to: Thomas Moore Lawson, Esquire P. O. Box 2740 Winchester, VA 22604 G. Declarant is the Declarant of that certain Declaration for Snowden Orchard and Supplementary Declaration for Snowden Bridge (the "Sub -Declaration") recorded as Instrument No. 180006110 and as corrected by Instrument No. 180006587 among the aforementioned land records, as it may be amended from time to time. H. In accordance with Article 4 of the Master Declaration, Declarant reserved the right to subject real property described in Exhibit B attached to the Master Declaration to the terms and provisions thereof by means of a Supplementary Declaration recorded among the aforementioned land records. I. In accordance with Article 4 of the Sub -Declaration, Declarant reserved the right to subject real property described in Exhibit B attached to the Sub -Declaration to the terms and provisions thereof by means of a Supplementary Declaration recorded among the aforementioned land records. J. The Master Declaration and the Sub -Declaration each provide that every Owner (as defined therein) shall be a member of the Master Association and the Subassociation, as applicable, and shall pay Assessments or charges as are properly fixed and established by the Master Association and the Subassociation, as applicable, (e.g. for the purpose of maintaining and improving the Common Area and the Recreational Facilities in Snowden Bridge), and Declarant desires to subject the Property to the covenants, restrictions, reservations, easements, servitudes, liens and charges, of the Master Declaration and the Sub -Declaration. Declarant intends that the Owners of Lots within the Property shall be members of the Master Association, in addition to being members of the Subassociation. K. It is the desire of Declarant to subject the Property to the terms of the Master Declaration and Sub -Declaration by the recordation of this Supplementary Declaration. The covenants, conditions and restrictions of the Sub -Declaration shall be subordinate to the Master Declaration and any amendments thereto, and in the event that there is any conflict between the Sub -Declaration and the Master Declaration, the provisions of the Master Declaration shall control. NOW, THEREFORE, in consideration of the premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following restrictions, covenants, conditions and easements, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property or any part thereof, and shall inure to the benefit of each Owner thereof. The Recitals are incorporated herein by reference and made a part hereof. 2 ARTICLE I IMPOSITION OF DIASTER DECLARATION 1.01. Declarant, with the joinder of the Master Association and the Subassociation, hereby declares that the Property shall be held, sold and conveyed subject to the provisions, easements, restrictions, covenants and conditions set forth in the Master Declaration and Sub - Declaration, which are for the purpose of protecting the value and desirability of, including, but not limited to, those provisions relating to Special Declarant Rights, and which shall run with, the Property or any part thereof, and shall inure to the benefit of each Owner thereof. 1.02. All capitalized items in this Supplementary Declaration shall have the meanings set forth in the Master Declaration and then the Sub -Declaration, as applicable. 1.03. The Subassociation Common Area of the Property shall include Open Space Parcels A through C, inclusive nerfieldon of the previously dedicated right-of-waydicated right-of-way to Brookfield 2018. tion of Brent Waters'id alraedy , as the same are depicted on the Plat. ARTICLE II ASSOCIATION MAINTENANCE 2.01. The Master Association shall be responsible for the maintenance of the storm drainage easements, the sight distance easements and the common shared utility easements conveyed in the Deed and as more particularly shown on the Plat. 2.02. The Subassociation shall be responsible for the maintenance, management and Upkeep of the Common Area designated as Open Space Parcels 15A through 15E, inclusive, and the Private Drives conveyed in the Deed and as more particularly shown on the Plat. ARTICLE III EASEMENTS 3.01. Declarant, the Master Association, the Subassociation, their directors, officers, agents and employees, all policemen, firemen, ambulance personnel and all similar persons are hereby granted the easements, including the right to enter upon the Property (and any portion thereof) as provided by the Master Declaration, the Sub -Declaration and this Supplementary Declaration, and the Articles of Incorporation and Bylaws of the Master Association and Subassociation, as applicable, including in the event of emergencies and in the performance of proper governmental functions. The exercise of such easements shall be subject to the rights and limitations set forth in the Master Declaration, the Sub -Declaration, the Supplementary Declaration and the Articles of Incorporation and Bylaws of the Master Association and Subassociation, as applicable. 3 ARTICLE IV GENERAL PROVISIONS 4.01. Enforcement. The Master Association, Subassociation and any Owner shall have the right to enforce all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Supplementary Declaration, as they provide for enforcement under the Master Declaration and Sub -Declaration, as applicable. 4.02. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. 4.03. Amendment. The covenants and restrictions of this Supplementary Declaration shall run with and bind the Property, and may be amended as provided for under the Master Declaration or Sub -Declaration, as applicable. 4.04. Annexation. If Declarant should develop additional lands within the area subject to the Master Declaration or the Sub -Declaration, such additional lands may be annexed to the Property by Declarant as provided for annexation under the Master Declaration or Sub - Declaration, as applicable. [Signatures on following pages] .19 WITNESS the following seals and signatures: BROOKFIELD STEPHENSON VILLAGE, L.L.C. By: Neil Patel Its: Vice President of Land Development COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF FAIRFAX , to -wit: The foregoing instrument was acknowledged before me this 7 day of Nov. , 2019 by Neil Patel, Vice President of Land Development of BROOKFIELD STEPHENSON VILLAGE, L.L.C. otar ublic My commission expires: Sept. 30 2023 Registration Number: 7391295 PAULA LYNN JOHNSON NOTARY PUBLIC 7391295 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 09-30-2023 5 SNOWDEN BRIDGE COMM TY ASSOCIATION By: Scott Gookin Its: President COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF FAIRFAX to -wit: The foregoing instrument was acknowledged before me this 7 day of Nov. 2019 by Scott Gookin, President of SNOWDEN BRIDGE COMMUNITY ASSOCIATION. My commission expires: Sept. 30, 2023 Registration Number: 7391295 SNOWDEN ORCHARD CO By: Scott Go Its: President COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF FAIRFAX to -wit: PAULA LYNN JOHNSON NOTARY PUBLIC 7391295 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 09-30-2023 ASSOCIATION The foregoing instrument was acknowledged before me this 7 day of Nov. 2019 by Scott Gookin, President of SNOWDEN ORCHARD COMMUNITY ASSOCIATION. My commission expires: Sept. 30, 2023. Registration Number: 7391295 0 otary blic PAULA. LYNN JOHNSON NOTARY PUBLIC 7391295 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 09-30-2023