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Home My WebLink About06-13 Deed of Severance14000140:! Tax Parcel ID#: 37-A-3413 DEED OF SEVERANCE THIS DEED OF SEVERANCE is made as of December 12, 2013, by and between Q M W DAVID B. HOLLIDAY, (to be indexed as "Grantor"), and the COUNTY OF FREDERICK, VIRGINIA, (to be indexed as "Grantees") WITNESSETH: That for and in consideration of the sum of ten dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby sever six 6 residential development rights (the "Severed Development Rights"), which prior to this conveyance were attached to the following described property located in the County of Frederick, Virginia (the "Property"): All of that certain parcel of land, situate in Back Creek District, Frederick County, Virginia, containing 36.7666 acres, more or less, designated as Consolidated TM #37 -A - 34B on the plat dated October 10, 2013, by Michael M. Artz, L. S., of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument Number 130013277, and being part of the same property conveyed to David B. Holliday by Deed dated November 1, 2004, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument Number 040022572. Tax Map No. 37-A-3413 Grantor has received approval of a TDR Application and has been issued a TDR Letter of Intent and a TDR Certificate from the County of Frederick, which Certificate serves as a written determination of the total number of TDR Density Rights approved for transfer, a copy of which Certificate is attached hereto as Exhibit A. Grantor further states the following understandings: I The Grantor has severed the Severed Development Rights (six 6 residential development rights) from the Property identified by Property Identification Number (PIN) 37 -A -34B. The Property has retained one (1) TDR Development Right for the existing dwelling unit on the Property; however, no future subdivision shall be permitted. II. The Grantor shall retain ownership of the Severed Development Rights until such time as they are either extinguished by means of affixing the Severed Development Rights to an approved receiving property or the Grantor sells or transfers the Severed Development Rights to another party. This conveyance hereby severs the Severed Development Rights (being six 6 residential development rights) from the Property, and Grantor acknowledges that he has no further use or right of use of the Property with respect to the Severed Development Rights. This severance and the resulting prohibitions and restrictions, as set forth above, against the use and development of the Property shall bind Grantor, his successors in interest, and his assigns, and constitute covenants for the benefit of the COUNTY OF FREDERICK, VIRGINIA that run with the title to the property in perpetuity. Grantor has received a written determination of compliance of the Severed Development Rights, indicating the number of residential development rights being eligible to be severed from the Property, a copy of which is attached hereto as Exhibit A. WITNESS the following signatures and seals: COMMONWEALTH OF VIRGINIA --jC-pT-YT [COUNTY] OF F" eW, I Ck- The foregoing instrum t was My Commission Expires: 10 - -,51 - ( c� DAVID �. HOLLIDAY �— (SEAL) me this I-)- day of PUBLIC %\j Virginia Notary Registration Number: [AFFIX SEAL] CZ) co Uri ED AS TO FORM CUUNTYATTORNEY COMMONWEALTH OF VIRGINIA [CITY] [C ] OF k.") v mc-Ke5'+c r COUNT Y"F DERICK, VIRGINIA r (SEAL) V The foregoing instrument was acknowledged before me this,2&4� day of 'lar JaN doi -( , by �Tokn -RjR k4. 0-c , �'� ,n � lqd M ..1 t 7 tmafc- of the County of Frederick, Virginia. My Commission Expires: /1-3D ---")D/S Virginia Notary Registration Number: _ ..[AEFIX SEAL] L -701ogz3 NOTARY PUBLIC 3 November 25, 2013 Mr. Dave Holliday 420 W. Juba] Early Drive, Suite 103 Winchester, Virginia 22601 RE: Transfer of (Development Right (TDR) Certificate Property Identification Numbers: 37 -A -34B Magisterial (District: Back Creek Dear Mr. Holliday: EXHIBIT A CD COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 The Frederick County Department of Planning and Development has completed a review of TDR Certification application number 06-2013. Based on the submitted information, 6 TDR Development Rights have been documented on the sending property pursuant to the attached TDR Letter of Intent and Sending Property Map. Property Identification Number (PIN) 37 -A - 34B is the same property identified in the instrument recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument Number 130013277. Frederick County agrees to sever the corresponding number of transfer of development rights in exchange for the property owner(s) entering into a restrictive deed covenant (Deed of Severance) with Frederick County. This deed covenant will be recorded in the land records of Frederick County and will restrict future development on the sending property. You may use this letter to market 6 TDR Development Rights, for the described sending property. This letter itself has no value. In order to complete the TDR Process for the sending property, the Deed of Severance must be executed by the property owner and Frederick County. A draft copy of the document is attached for your review; please contact this office to make arrangements to sign the documents. Once the density rights are severed and ready to be sold and/or transferred to a receiving property or transferee, the property or entity would need to be approved (per § 165-303.01 B&C) and a letter issued assigning the transferred rights to the receiving property or transferee. If the sending property changes ownership prior to the execution of a Deed of Severance, the TDR Development Rights must be retained on the sending property and will be owned by the new property owner. The certificate must be transferred to the new owner by request in writing to the Planning Department by the person(s) that owned the property when the certificate was issued, provided that the documents evidencing the transfer of ownership are also provided to the Department of Planning and Development. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 M TDR Certificate PIN# P1N#37-A-34B C, J Application 406-2013 __j November 25, 2013 Page 2 If you have any questions, please feel free to call me at 540-665-5651 or email me at cperkinsgco.frederick.va. us. Sincergly, _ y i'r`�._�%✓ f-_._ Candice E. Nrkiv§, AIC'i� Senior Planner cc: Gary Lofton, Hack Creek District Supervisor Attachments CEP/pd VIRi;INLk' FR,?DERICK COUNTY.SCI. INS instrument of Writing was produced to me oa �r ae�-%Y at 3%3cl AM, and with certificate acknowledgement thereto annexed was n admitted to record. Tax igxwscd by Sec, 58.1-802 of ®L._.fd1 and 55.1-801 have been paid, if assessable, i --� EXHIBIT B s, y try Dave Holliday Holdings �! TDR potential map I y Total A4 a = 36.7666 acres t�G� Area in ROW = 0.54 acres Total Eligible Area = 36.2266 Total by right density \ 704 r4 ° " +1 = 7 lots Rights Retained = 1 Density Rights Available (TDR Sending Area 3) = 6 j i 1� t q ` , ` r+ 1 Mote: This TDR Potent/al Map Is an estimate of the 4 R .,� number of wkulal/ons that mey be available Por transfer, -} - 1• F , A final determination OF the number wx be prov/ded after a formal aPPIkation and survey of the property has been received. 011 Legend l - C VDava Holliday Property Stream Easements ., ._... �,_..__ .�,...__.-a_....,,..........., t. .'. _..- . r :M, 0 t 130 260 520 Feet