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HomeMy WebLinkAboutMisc Document - BackfileRESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS To consider individual master development plan revisions of Master Development Plan #07-05 for Stephenson Village w(a.k.a. Snowden Bridge), enabling the two developers (Stephenson Associates LC and Brookfield Stephenson Village LLC) to process master development plan revisions independent of one another Action: BOARD OF SUPERVISORS: April 13, 2011 ❑ APPROVED ❑ DENIED WHEREAS, Rezoning #06-03 of Stephenson Village was submitted to rezone 794.6 acres from RA (Rural Areas) to R-4 (Residential Planned Community) with proffers. This property is located on the south side of Old Charlestown and Jordan Springs Roads and east of Milburn Road, and was identified with Property Identification Numbers 44-A-31A, 44-A-292, 44-A-293, and a portion of 44-A-31; and WHEREAS, Rezoning #06-03 of Stephenson Village was adopted by the Frederick County Board of Supervisors on September 24, 2003; and WHEREAS, Master Development Plan #07-05 for Stephenson Village (renamed Snowden Bridge) was administratively approved on February 23, 2006; and WHEREAS, Numerous revisions to the Master Development Plan pertaining to housing types and internal street access have been administratively approved. The revisions did not affect the location of the major collector road nor its intersection points; and WHEREAS, The processing of the Master Development Plan revisions to date have required the property owner approval signatures of both developers (Stephenson Associates LC and Brookfield Stephenson Village LLC), yet the revisions appear to only affect the land holdings of Brookfield Stephenson Village LLC; and WHEREAS, It has been determined that enabling Master Development Plan revisions without the benefit of both developer's approval will not affect implementation of the rezoning's proffered conditions; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Frederick County would be amenable to consider individual master development plan revisions for the two developers within the 794 acre Snowden Bridge development. PDRes. #06-11 0 • This ordinance shall be in effect on the day of adoption. Passed this 13th day of April, 2011 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye GLV0I,'/-IVIUM711 Jqhn . Rfley,Vr`" 6e rick County Administrator PDRes. 406-11 BOS Res. #047-11 E fic. Lawrence From: David Sovine [Sovined@frederick.k12.va.us] Sent: Thursday, October 20, 2011 4:48 PM To: John Riley Cc: Eric Lawrence; AI Orndorff Subject: Re: FW: school site John, I recommend waiting until the fall of 2013. Dave David T. Sovine, Ed.D. Superintendent of Schools Frederick County Public Schools 1415 Amherst Street Winchester, Virginia 22601 540-662-3888 >>> "John Riley" <irileyC@co.frederick.va.us> 10/20/2011 2:17 PM >>> Would you like to weigh in on this as to when you all may be looking to utilize this site?John From: Eric Lawrence Sent: Thursday, October 20, 2011 9:05 AM To: John Riley Subject: RE: school site n mi We may not want to accept the school site dedication at this time. The proffer states that the 20 acre site is to be dedicated to the county within six months of the county's request (proffer 8A). But the proffer goes on to further state that if the site is not used for its purpose within 10 years, the applicant may purchase the site back for $600,000 [$30,000/acre] (proffer 8D and 4). I'm not sure School Board could purchase land within a development for $30,000/acre. The 2011-2012 CIP doesn't anticipate a new school for this area within the next 5 years. Prior to accepting school site dedication, we ought to secure the School Board's endorsement that such a school is in their construction plans within the next 10 years. I've attached the applicable proffer sections. -Eric From: John Riley Sent: Thursday, October 20, 2011 8:30 AM To: Eric Lawrence Subject: school site 1 Eric Don Shockey advises they are ready to convey the school site at snowdenen's bridge.Thanks John Page 11 September 3, 2003 realized as identified in each Section. The completion of the improvements specified in each Section will occur within 18 months of initial design. (2) Once actual traffic counts of 7,996 vehicle trips per day have been documented on the Major Collector Road, the Applicant will bond and commence construction of the additional lanes to the existing Major Collector Road to its ultimate four -lane section from Old Charles Town Road to the limits of the Major Collector Road within the development. (3) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a three -lane section of OId Charles Town Road, from the Entrance to Stephenson Village to U.S. Route I I using the existing bridge. (4) Once the actual traffic count reaches 17,699 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a two lane half section of the Major Collector Road from the limits of the four -lane section to U.S. Route I 1 at the Rutherford Farm Industrial Park intersection to include right and left turn lanes on the east side of U.S. Route 1 I as determined by VDOT. The Applicant agrees to enter into a signalization agreement with VDOT at the U.S. Route I I/Rutherford Farm Industrial Park intersection if traffic signalization is not otherwise provided at that time. Traffic counters will be installed at the southwestern entrance to Stephenson Village on the property as part of this improvement. (5) Once the actual traffic count at the southwestern entrance to Stephenson Village near the Rutherford's Farm Industrial Park intersection reaches 7,996 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of the remaining additional lanes to the existing Major Collector Road from the limits of the four -lane section to provide for the ultimate four-Iane section ending at the east side of U.S. Route 11. G. The Applicant will provide $50,000 that shall be utilized as matching funds by VDOT and/or the County of Frederick for future improvements to the Interstate 81/U.S. Route I interchange at Exit 317. This dollar amount is intended to assist VDOT and the County of Frederick with this regional improvement. The $50,000 will be made available to VDOT or to the County of Frederick, within 30 days of written request for said funds by the appropriate party. 8. SCHOOL AND BALLFIELD SITES COMMUNITY FACILITIES AND PUBLIC USE AREAS: A. School Site: The Applicant shall dedicate 20 acres of land to the Frederick County School Board for use as a public school site which shall count towards the overall Page 12 September 3, 2003 open space requirement for the development. Said site will occur within the general location identified as Land Bay I on the Generalized Development Plan (Exhibit A), adjacent to Old Charles Town Road, which will allow direct access to the site for citizens living outside of Stephenson Village. The Applicant will allow access for Stephenson Village residents to the site from a local neighborhood street, and will provide access to water and sewer at a point reasonably acceptable to the School Board of Frederick County, Virginia, along the property boundary, at the time the adjacent land bays are developed. The Applicant shall convey said school site not later than six months after it is requested by Frederick County or its designee in writing, at no cost. B. Soccer and Baseball Field Site- (1) The Applicant shall dedicate 24 acres of land to Frederick County or such other entity as Frederick County designates and as more specifically set forth below which, when combined with school ball fields, will be used for 6 soccer fields and 6 baseball fields as shown on the layout for School/Park Site (Exhibit C, graphic for illustrative purposes only), which shall count towards the overall open space requirement for the development. Said site will occur within the general location identified as Land Bay H on the Generalized Development PIan (Exhibit A), adjacent to Old Charles Town Road, which will allow direct access to the site for citizens living outside of Stephenson Village. The Applicant will allow access for Stephenson Village residents to the site from a local neighborhood street and will allow access to water and sewer at a point reasonably acceptable along the property boundary, at the time the adjacent land bays are developed. The Applicant shall convey said soccer and baseball field site, not later than six months after it is requested by Frederick County or its designee in writing, at no cost. (2) Frederick County at its sole discretion may convey or lease its ownership interest in the soccer and baseball field sites to a corporation, trust or other entity which incorporates the direction of both the public and private sectors to provide recreation opportunities for the public, C. At the time the school and soccer and baseball fields sites are deeded to the County, the Applicant shall provide, at the Applicant's expense, a boundary survey and shall stake the corners of each site. Before Frederick County assigns or conveys any ownership interest in the Property conveyed herein by the Applicant to any third party, including, but not limited to the School Board of Frederick County, Virginia, the third party will execute an agreement in recordable form which is satisfactory to the applicant which will provide and confirm that said third party agrees to be bound by the provisions of this Proffer Statement, including, but not limited to, provisions governing the use of the Property to be conveyed and also the application of all restrictive covenants governing the use of the Property and the construction of improvements upon it. By executing this Proffer Statement, Frederick County also agrees to be bound to and comply with the same. Page 13 September 3, 2003 D. Notwithstanding the potential uses of the parcels referenced in subparagraphs A and B above, the Frederick County Board of Supervisors shall have flexibility to detennine the specific use located within each land bay dedicated for public use purposes, provided that said uses are one of those listed in subparagraphs A and B. Any other similar types of public uses shall be permitted only with the consent of the Applicant and provided that the use is of an architectural style and uses construction materials that are consistent with the restrictive covenants recorded against the property conveyed. Furthermore, the Frederick County Board of Supervisors agrees that if the public purposes are not constructed or installed, completed and in use on the parcels which are identified in subparagraphs A and B above within ten years of the conveyance from the Applicant, said properties may be purchased by the Applicant for the land value specified in §4 of this proffer statement. The Frederick County Board of Supervisors hereby instructs and empowers its County Administrator to execute such other deeds or documents, which shall be required to effect the terms of this provision. E. The Applicant reserves the right to retain temporary and permanent grading, slope, utility, drainage, storm water management and access easements on all public use parcels which are dedicated to the Frederick County Board of Supervisors or the School Board of Frederick County, Virginia, provided said easements do not preclude reasonable use and development of the property for the intended purpose. 9. RECREATIONAL AMENITIES AND LINEAR PARK: A. Recreational Center The Applicant shall construct one (1) recreation center within the Land Bay identified as Land Bay III as shown on the Generalized Development Plan (Exhibit A), for the use of the residents of the Property and as determined by the Horne Owners Association. The Applicant shall have the sole and absolute right to determine within said land bay, where the facility shall be located. The Applicant shall designate the location of the above facility on the Master Development Plan. The recreational center shall include a bathhouse and a 6-lane, 25-meter competition swimming pool. The facility will be fully bonded prior to the issuance of the first building permit. Work on this facility shall commence prior to the issuance of the 250" non -age restricted building permit and be completed prior to issuance of the 800`b building permit for the non -age restricted housing products. B. Active Adult Recreational Center The Applicant shall construct one (1) recreation center within one of the Land Bays identified as shown on the Generalized Development Plan, for the private use of the residents of the Active Adult Community. This facility will be fully bonded prior to the issuance of the first building permit in the Active Adult Community. Work on this facility shall commence prior to the issuance of the 15& building permit and be completed prior to issuance of the 350`h building permit in the Active Adult Community. Page 5 September 3, 2003 Land Bay Breakdown Notes (1) The above table represents the ranges for the referenced housing types as proposed. The final mix will not exceed the 2,465-unit cap, exclusive of the affordable housing for the elderly (Section 11) and will be comprised of house type combinations representing a mixture identified in the table. The minimum and maximum percentages established apply to the general categories of single family, townhouses, multifamily and active adult units and are not intended to pertain to any one housing type in those categories. The housing unit type maximum percentage for the general categories of single family, townhouse, multifamily and active adult will not exceed the percentages identified in the table and will not exceed the total unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11) based on any combination. *(2) The total commercial area will be a minimum of 4 % of the gross site area or 33 acres and will be located within Land Bays III and V. (3) The Hiatt Run Corridor and the Wetlands Intermittent Ravine Channel are approximately 125 acres. The remaining 113.5 acres of required open space will be provided within Land Bays I, II, III and IV. (4) The Applicant reserves the right to convert more of Land Bay III to active adult or affordable housing for the elderly. In no case shall the percentage of active adult or affordable housing for the elderly exceed 53% of the total unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11). B. For purposes of calculating density pursuant to the Frederick County Zoning Ordinance, all dedications and conveyances of land for public use and/or for the use of the development or any Homeowners Association shall be credited in said calculations. C. There shall be a unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11) on the subject property. D. In order to preclude unwanted industrial and heavy commercial uses, all land uses within the B-3 District and the M-1 District shall be prohibited, unless otherwise permitted in the RP District, the B-1 District or the B-2 District. In no case shall truck stops be permitted within Stephenson Village. APPLICANT TO PAY 100% OF CAPITAL FACILITY IMPACTS; The Frederick County Capital Facilities Fiscal Impact Model was applied to the Stephenson Village rezoning on January 9, 2003. The results of this model run demonstrate a fiscal impact to capital facilities in the amount of $5,327 per residential unit. Page 6 September 3, 2003 The Applicant will pay I00% of these impacts through monetary contributions and land donations to Frederick County, unless otherwise specified by the proffer. The parties agree that the value used for the land donations of $30,000 per acre is appropriate and acceptable. These monetary contributions provide for the capital facilities impacts created by Stephenson Village and shall be paid at the time of building permit issuance for each unit. The monetary contribution will be adjusted every two years by the Consumer Price Index — All Urban Consumers (Current Series) See example at the end of this section. The Applicant will pay for active adult units a 50% premium on proffer fees for fire and rescue over and above the Frederick County Capital Facilities Fiscal Impact Model to cover any increased service demand; similarly, the applicant will pay for affordable apartment units for the elderly a 100% premium. However, these age -restricted units will not include monetary proffers for various capital facilities, such as schools, that they do not impact. The per unit monetary proffer for single fancily, townhouse and multifamily provides for: $3,925.00 for Frederick County Public Schools ($4,135 per model less $210 for Iand donation) $635.00 for Frederick County Parks and Recreation ($889 per model less $254 for land donation) $400.00 for Frederick County Fire and Rescue $145.00 for Public Library $152.00 for Administration Building The per unit monetary proffer for active adult units provides for: $635.00 for Frederick County Parks and Recreation ($989 per model less $254 for land donation) $400.00 for Frederick County Fire and Rescue 200.00 50% Premium $600.00 Total for Frederick County Fire and Rescue $145.00 for Public Library $152.00 for Administration Building The per unit monetary proffer for the affordable housing for the elderly provides for: $400.00 for Frederick County Fire and Rescue 400.00 100% premium $900.00 Total for Frederick County Fire and Rescue Should the index as currently published by the U. S. Bureau of Labor Statistics cease to be published then the most nearly comparable index shall be used. Eric Lawrence From: Eric Lawrence Sent: Tuesday, October 26, 2010 4:49 PM To: 'Evan Wyatt' Cc: Rod Williams Subject: Snowden Bridge proffer review Attachments: Analysis of Stephenson Village proffers.docx Evan - Attached are the proffered conditions from the Stephenson Village (aka Snowden Bridge) rezoning that warrant responsible party clarification prior to enabling the overall MDP to be divided among different development ownership interests. I suspect that there may already be contractual agreements between Brookfield and Stephenson Associates pertaining to some of the proffered commitments but the County is not party to those agreements so clarification on responsibilities may be appropriate. I've copied Rod but would note that he has not reviewed nor commented on this analysis. Let me know if you have questions or suggestions as to how your clients may wish to proceed. 1111i1n,M -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc@co.frederick.va.us www.FrederickCountyVa.gov/PIanning www.FrederickCountyVa.gov 5 �iZE/`� ,� + �^f, -- j Analysis of Stephenson Village (aka Snowden Bridge) Proffers To Understand Potential Impact of Enabling Multiple MDPs to Reflect Various Ownership Interests Rezoning #06-03 October 26, 2010 This analysis has been conducted by the Planning Department staff in an effort to better understand the potential areas of conflict within the approved proffer statement and the design modification document that might exist if the Snowden Bridge project were divided into various Master Development Plans (MDPs) reflective of developer ownership interests. Of most concern are the proffered conditions whose implementation is tied to a: stated date, request of County Officials, or Vehicles Trips Per Day (VPD) threshold. These implementation triggers are global to the larger Snowden Bridge development and may not solely be the responsibility of the developer of an individual MDP. Generally, if a proffered condition is not being satisfied, the County could withhold further subdivision and zoning approvals until compliance is achieved. In the event that a proffered condition is not implemented and is not clearly linked to a particular MDP, it would be advantageous to have a clear line of responsibility so that the unaffected party is not held responsible for proffer compliance. These potential conflict areas are the impetus of this analysis. Below are the proffered conditions and design modifications document sections that warrant clarification and assignment of responsibility prior to enabling the overall Snowden Bridge development to be divided into various Master Development Plans (MDPs) reflective of developer ownership interests. Often a potential resolution of the proffer conflict may be achieved with the advanced payment of a proffered cash contribution; Other proffer conflicts may warrant additional discussions to identify appropriate resolutions. Page 2 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 Proffered Condition Sections and Topics of Potential Concern "2. PHASING PLAN TO MINIMIZE SUDDEN IMPACTS ON COUNTY SERVICES A. Additional Proffer Payment To ensure that unanticipated increases in Frederick County Public School population do not burden the county with extra costs, Frederick County may assess the Applicant to effectively double school related proffers for each student that exceeds a cumulative yearly total increase of 60 students per year.... This additional proffer payment will be provided to Frederick County by the Applicant within 30 days of receipt of the September 30 report produced by the Frederick County Public Schools." ISSUE: As written, this results in cash payments on a potential annual basis. Since the student count is linked to an annual calendar date, not a zoning or subdivision approval, which developer (presuming there are multiple MDPs each owned by different parties) will be responsible for the payment of these proffered funds? Assignment of responsibility should be clarified. "5. MATCHING FUNDS FOR TRANSPORTATION ENHANCEMENTS AND/OR HERITAGE 11119111110181 In consideration of the approval of rezoning application #06-03 the Applicant shall contribute $75,000 in matching funds to Frederick County to be utilized for transportation enhancement and/or for the promotion of heritage tourism. The money will be made available to Frederick County within 30 days of receipt of a written request for said funds by the Frederick County Board of Supervisors or their authorized agent." ISSUE: Who will make this proffered cash payment when there are various developers with various MDPs? Assignment of responsibility should be clarified. Page 3 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 116. MONETARY CONTRIBUTIONS TO CLEARBROOK VOLUNTEER FIRE AND RESCUE, INC. To further mitigate the impact on fire and rescue services, the Applicant will pay to Clearbrook Volunteer Fire and Rescue Inc., the sum of $200,000.00 for its general fund. This is over and above the monetary contributions to Frederick County Fire and Rescue identified in Section 4 of this proffer statement. The money will be payable as follows: $50,000.00 to be paid not later than nine months after zoning approval (payment received). $50,000.00 to be paid within thirty (30) days of the issuance of the 500th building permit in Stephenson Village but not later than December 31, 2008. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,000th building permit in Stephenson Village but not later than December 31, 2013. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,500th building permit in Stephenson Village but not later than December 31, 2018." ISSUE: Who will make this proffered cash payment when there are various developers with various MDPs? Assignment of responsibility should be clarified. "7. MULTIMODAL TRANSPORTATION IMPROVEMENTS D. The applicant will execute a signalization agreement with the Virginia of Transportation for the intersection of US Route 11 and Old Charles Town Road. Additionally, the Applicant will construct full size entrance improvements with both a right turn lane and left turn lane on Old Charles Town Road, and a right turn lane on US Route 11 at said intersection. These improvements will be installed in accordance with the Virginia of transportation design guidance when warranted by VDOT." ISSUE: These proffered improvements were designed to occur later in the development process once the project is underway, VPD had increased, and VDOT determined that warrants had been met to implement the improvement. Who will implement these improvements when there are various developers with various MDPs, all of which are contributing to the warrants for improvement? Assignment of responsibility should be clarified. Page 4 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 "E. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community. The Applicant will provide for the signalization at the intersection of Old Charles Town Road and the Major Collector Road based on the terms of this agreement when warranted by the Virginia Department of Transportation." ISSUE: These proffered improvements were designed to occur later in the development process once the project is underway, VPD had increased, and VDOT determined that warrants had been met to implement the improvement. Assignment of responsibility for implementation of proffer should be clarified. "F. The Applicant will design and construct a four -lane boulevard Major Collector Road for the Stephenson Village Community in substantial conformance with the proffered Generalized Development Plan. The Major Collector Road will be constructed in two phases. The first phase will be a two-lane half section that is constructed from Old Charles Town Road to the limits of the development as depicted on the approved Master Development Plan. The phase of the Major Collector Road will be constructed and bonded in segments in accordance with the approved Subdivision Design Plan for Stephenson Village. The second phase of the Major Collector Road will provide for the ultimate four -lane section with appropriate right and left turn lanes based on the following program: (1) The design of the transportation improvements identified in Section 7(F)2- 7(F)5 of this proffer statement will begin with 8-% of the actual traffic count volume is realized as identified in each Section. The completion of the improvements specified in each Section will occur within 18 months of initial design. (2) Once actual traffic counts of 7,996 vehicle trips per day have been document on the Major Collector Road, the Applicant will bond and commence construction of the additional lanes to the existing Major Collector Road to its ultimate four -lane section from Old Charles Town Road to the limits of the Major Collector Road within the development. (3) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of Page 5 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 a three -lane section of Old Charles Town Road, from the Entrance to Stephenson Village to US Route 11 using the existing bridge. (4) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a two lane half section of the Major Collector Road from the limits of the four -lane section to US Route 11 at the Rutherford Farm Industrial Park intersection to include right and left turn lanes on the east side of US Route 11 as determined by VDOT.... (5) Once the actual traffic count at the southwestern entrance to Stephenson Village near the Rutherford Farm Industrial Park intersection reaches 7,996 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of the remaining additional lanes to the existing Major Collector Road from the limits of the four -lane section to provide for the ultimate four -lane section ending at the east side of US Route 11. ISSUE: Who will make these improvements when there are various developers with their own individual MDPs? How is the proffer implemented if a portion of the road has already been constructed (2-lane) through a portion of development that has been completed, and now additional development (possibly by a different developer) is planned that would trigger improvements (to 4-1ane)? Each MDP will be responsible for showing the proffered improvements, but implementation of the road improvement will be triggered by the proffer. Is it appropriate for one developer to be responsible for constructing the road across another developer's MDP? Assignment of responsibility should be clarified. "G. The Applicant will provide $50,000 that shall be utilized as matching funds by VDOT and/or the County of Fredrick for future improvements to the Interstate 81/US Route 11 interchange at Exit 317. This dollar amount is intended to assist VDOT and the County of Frederick with this regional improvement. The $50,000 will be made available to VDOT or to the County of Frederick, within 30 days of written request for said funds by the appropriate party. ISSUE: Who will make this proffered cash payment when there are various developers with various MDPs?Assignment of responsibility should be clarified. Page 6 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 "13. COMMERCIAL CENTER The Applicant has identified an area as shown on the General Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by the Applicant. Within the commercial center development, the following shall be provided: F. The Applicant has identified an area as shown on the General Development Plan (Exhibit A) for a commercial center. The development of 60,000 square feet of commercial space will begin within the commercial center no later than the issuance of the 1,200th non -age restricted residential building permit with the completion of this commercial space within 18 months. The Applicant will be allowed to extend the commencement of commercial construction for an additional two year period if any one of the following circumstances has occurred: An elementary school has not been constructed on the Property; or a building permit is obtained for the development of a new grocery store within a three mile radius of commercial center within Stephenson Village." ISSUE: While this Commercial Center is located on land not yet included in an approved MDP, the question remains: who is responsible for constructing the commercial center when there are various developers with various MDPs? If the residential developer(s) has no interest in a commercial center, how would the proffer be satisfied? Assignment of responsibility should be clarified. Page 7 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 Community Design Modification Document Section and Topic of Potential Concern "MODIFICATION #9 §165-13313 Master development plan, contiguous land §165-141A(8) Master development plan, contents §165-141B(2);(4);(8) Master development plan, R4 contents Alternative Design Standard The provision of a detailed Master Development Plan for Stephenson Village that is designed to reflect the acreage within the community that is planned for development by specific phase and provides an aggregate tabulation of all required development percentages to ensure that the requirements of the R4 District and the proffered Generalized Development Plan are met throughout the development of the Stephenson Village community. ISSUE: Maintaining an accurate aggregate tabulation of all required development percentages to ensure that the required R4 District and the proffered GDP are met will be difficult when there are multiple MDPs. This Modification was designed to enable the detailed MDP to be grown as the project progressed, as opposed to the crafting of a single MDP at time of rezoning consideration, and utilize the aggregate tabulation to track proffer and ordinance compliance. Tracking compliance will be difficult if various MDPs are progressing concurrently. POTENTIAL RESOLUTION TO ENABLE SEPARATE MDPs: Utilize a single aggregate tabulation sheet covering all development within the entire Snowden Bridge project that reflects the accumulated planned development of all MDPs, and require that the tabulation sheet be updated by the developer with every MDP submission, confirming tabulation compliance prior to approving MDPs (and subsequent revisions). 40L GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Brookfield Stephenson Village LLC Master Development Plan File No: 2760B Date October 12, 2010 To: FC Planning From: Evan Wyatt Attn: Eric Lawrence GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Lli-ent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Eric, Please review the attached information and contact me if you have any questions or if you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Please Print Name: Date: Time: GREENWAY ENGINEERING, mc. DTI 151 Windy 1 fill Lane M, Winchester, Virginia 22602 9 Founded in 1971 October 11, 2010 Frederick County Attorney & Planning Departments Attn: Rod Williams, County Attorney Eric Lawrence, Planning Director 107 North Kent Street Winchester, VA 22601 RE: Stephenson Village (Snowden Bridge) Proffer Analysis Information Dear Rod and Eric: Brookfield Stephenson Village LLC desires to obtain Master Development Plan approval solely for acreage under their ownership in the Snowden Bridge Residential Planned Community. As you know, Frederick County has allowed for large-scale residential projects approved under a single rezoning application to be approved as smaller Master Development Plans that account for the acreage in individual property ownership. Examples of this include the Tasker Land Bays, which was ultimately approved as Master Development Plans for Autumn Glen, Canter Estates, The Camp and Old Dominion Greens, and Charming Drive, which was ultimately approved as Lynnhaven, Sovereign Village and Twin Lakes. It is my understanding that Frederick County is reviewing the approved Proffer Statement to determine if there are any proffered commitments that could become problematic as Brookfield Stephenson Village LLC continues to develop their property consistent with the previously approved Master Development Plan. Brookfield Stephenson Village LLC has directed Greenway Engineering to conduct a similar review of the approved Proffer- Statement and provide a report to Frederick County to ensure that the County and Brookfield are on the same page. Therefore, please find attached a summary of our analysis of the Stephenson Village Residential Planned Community Proffer Statement and the proffered Community Design Modification Document for your information. It is requested that Frederick County review this analysis and confirm the accuracy of this information. Hopefully, this information is of assistance and can be utilized by the County Attorney's Office and the Planning Department when the Board of Supervisors is advised that the Snowden Bridge development is desired to be approved as smaller Master Development Plans that account for the acreage in individual property ownership. Sincerely,/J�' Evan yatt, AIC1� Greenway Engineering Cc: Rick Dengler, Brookfield Stephenson Village LLC Ty Lawson, PLC Lawson & Silek Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com Stephenson Village Residential Planned Community Proffer Statement & Community Design Modification Document Analysis Community Design Modification Document Modification #8 — Rezoning Procedure This modification was approved by the Board of Supervisors to eliminate the requirement for a Master Development Plan for the entire project during the rezoning process and allow for a proffered Generalized Development Plan to demonstrate general land use conformity for land bays within the rezoned area. The Generalized Development Plan (GDP) was approved at the same time as the rezoning and any development within the project will need to be in conformity with the GDP, which will be reviewed by the County when submittals for development of certain portions of the property are requested for development. Modification #9 — Master Development Plan This modification was approved by the Board of Supervisors to require a detailed Master Development Plan to reflect the acreage within the community that is planned for development by specific phase (and specific to the land mass being submitted at the time for review/approval by the County) and provide for an aggregate table of information to ensure development percentages identified on the proffered Generalized Development Plan are in compliance throughout the development of the project. Modification #6 — Phasing This modification was approved by the Board of Supervisors to require a detailed Master Development Plan for each development phase to ensure that a logical sequence of development occurs for the provision of roads, infrastructure, open space and recreational facilities. 2760B/EAW 1 10-12-10 Stephenson Village Residential Planned Community Proffer Statement General Provisions — Page 1 The last paragraph identifies that a Generalized Development Plan (GDP) is provided in - lieu of a Master Development Plan. The Master Development Plan is required for the portion of the site to be developed. Section 2A Phasing Plan Additional Proffer Payment — Page 2 This requires an assessment of the number of school children annually that could potentially increase the monetary contribution to Frederick County. This is assessed at the time of building permit issuance; therefore, this should not have a bearing on the Master Development Plan. Section 2A Phasing Plan Additional Proffer Payment — Page 3 The proffer requires the Applicant to reimburse Frederick County Public Schools for the cost in creating the annual school children report. Brookfield Stephenson Village LLC understands that they would be responsible for this cost should Frederick County Public Schools determine that this report was necessary as a result of the development within their acreage. Section 3A(2) Use, Density and Mix of Housing Type — Page 4 Brookfield Stephenson Village LLC owns approximately 212 acres of land that is under consideration for Master Development Plan approval. This falls within the tolerance level of 475 acres of mixed residential land use permitted in Land Bay 3 of which the 212 acres is a part. Section 3A(2)(1) Land Bay Breakdown — Page 5 The Master Development Plan for Brookfield Stephenson Village LLC proposes 525 single family detached units, 110 townhouse units and 30 multifamily units; therefore, this falls within the tolerance level of residential units identified in this section. Section 7A(1) Major Collector Road — Page 8 Brookfield Stephenson Village LLC has provided right-of-way dedication and bonded the four -lane improvements for the portion of Snowden Bridge Boulevard depicted on the 2760B/EAW 2 10-12-10 Master Development Plan. This allows for access to their entire property and would allow for land bays to the south to develop as well; therefore, this should not be an issue to the County. Section 7A(2) Interparcel Connections — Page 9 This requires the provision of interparcel connections between land bays when they are developed. This provision is consistent with requirements of the Frederick County Subdivision Ordinance. The Master Development Plan submitted by Brookfield Stephenson Village LLC provides for access to adjacent land bay parcels to the north and the east of their property within the Snowden Bridge development. To the extent that there is any additional concern, Brookfield Stephenson Village LLC can provide and record ingress/egress easements to guarantee access to adjoining land bays. Section 7C: 71): 7E and 7F Transportation Enhancements — Page 10 These proffers require various improvements to Martinsburg Pike, Old Charles Town Road and Snowden Bridge Boulevard. The full build -out of the 212 acres owned by Brookfield Stephenson Village LLC will result in a projected average daily traffic volume of 5,929 trips, which is below the threshold for triggering these proffers. Nonetheless, Brookfield Stephenson Village LLC has preformed many of these proffered commitments to date including right and left turn lanes at the project entrance, right and left turn lanes on Old Charles Town Road the two-lane section of Snowden Bridge Boulevard. Section 9A Recreational Amenities — Page 13 Brookfield Stephenson Village LLC has identified a recreational center on the Master Development Plan that complies with the proffered condition and has bonded this facility; therefore, this should not be an issue with the County. Section 9C Pedestrian Trails — Page 14 Brookfield Stephenson Village LLC can agree to easements that allow for trail continuance to adjoining land bays to ensure that this is not a problem in the future. Section 12 Byers House — Page 16 To my knowledge, Brookfield Stephenson Village LLC has complied with this proffered condition through photo documentation of this structure before it was razed. 2760E/EAW 3 10-12-10 Section 16A(3)(a) Buffers and Conservation Easements — Paae 20 This proffered condition has been addressed on the Brookfield Stephenson Village LLC Master Development Plan. Section 18 Water and Sewer Improvements — Page 23 The regional pump station has been developed and is operational and appropriately sized water and sewer lines have been developed as required by FCSA. 2760B/EAW 4 10-12-10 Public Notice U.S. Army Corps of Engineers, Norfolk District � r November 21, 2005 CENAO-TS-G 05-V i 518-40 FEDERAL. PUBLIC NOTICE The District Engineer and the Virginia Department of Environmental Quality, have received a joint application for Federal and State permits as described below: APPLICANT BrookPteld Stephenson Village, LLC Attn: Mr. Richard T Dengler 10687 Gaskins Way Manassas, VA 20109 WATERWAY AND LOCATION OFTHE PROPOSED WORK: The pro ,iect is Iacated On an approximately 795-acre parcel southeast of the intersection of Route 662 and Route 76 l near Stephenson in Frederick County, Virginia. The work will occur in Hiatt Run and other tributaries. PROPOSED WORK AND PURPOSE: The project consists of the discharge of E11 material into waters of the United States associated with the construction of a residential planned development. The project is called Stephenson Village. Approximately LO acres of jurisdictional waters of the United States, comprised of 0.61 acre palustrine forested wetlands. 0.16 acre- palustrine scrub shrub wetlands, 0.2 acre palustrine emergent wetlands, 0.03 acre ponds, and 2:378 linear feet of stream channels, will be impacted by the proposed work. The work includes approximately 2465 residential housing units, a commercial center; a public school and public ball fields. On -site mitigation is planned to compensate for impacts to wetlands and streams. In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Proteet.ion Permit fi•onl the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated. A vicinity map and project plans are attached. This public notice and the drawing, can also be vicxvcd at hup:+,`�v���v.nao.usace.artny,nlil./Regulatory^`1'N.'1'N,lltml. :U`l'HORITY: Permits are required pursuant to Sections 401 and 404 of the Clears Water Act (Public Law 95-217) and Title 62.1 of the Code of Virginia. FEDER_&L EVALUATION OF APPLICATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. The decision will reflect the national concern for both protection and utilization of important resources. The benefits that reasonably may he expected from the proposal must be balanced against its reasonably foreseeable detriments. All of the proposal's relevant factors will be considered, including conservation, economics; aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use classification, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people. The Environmental Protection agency's "Guidelines for Specification of Disposal Sites for Dredged or Fill klaterial" will also be applied (Section 404(b)(1) of the Clean Water Act), The Corps of Engineers is soliciting comments from the public.; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effcets, and the other public interest factors listed above. Comments are used in the preparation of an Fnvironniental assessment and"or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Contnnent5 are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. .-anyone may request a public hearing to consider this permit application by writing to the District Engineer within 30 days of'the date of this notice, stating specific reasons for holding the public hearing. The District Engineer will then decide if a hearing should be held. Preliminary review indicates that: (1) an environmental impact statement will be required; (2) no species of fish, wildlife, or plant (or their critical habitat) listed as endangered or threatened under the Endangered Species Act of 1973 (PL 93-205) will be affected; and (3) known properties eligible for inclusion or included in the National Register of Historic PIaces are in or near the pen nit area and ,vould likely be affected by the proposal, The pCCmtt area is timlted to the impact areas on the project site. Additional information might change any of these findings_ COMMENT PERIOD: Comments on this project should be, made in writing, addressed to the U.S. Army Corps of 1=ngineers-Norfolk District, Northern Virginia Field Office, 18139 Triangle Plaza, Suite 213, Dumfries, VA 22026, and should be received by the close of business on December 21, 2005, If you have any questions about this project or the permit process, please contact Mr. Ron Stouffer at 701-221-6967. FOR THE DISTRICT ENGINEER.: Bruce F. Williams Chief, Northern Virginia Regulatory Section Enclosures + .x rkwum Tti }tun: ttt+++ '`ti-..i� - � r'. !. .• 'jar... i I Crntcr l" wdinates: 39' iJ' 13" N , 7W OW 1.1" W Source: US.(;S Stephcnson. And Winchester, V_4 '7.5'_fopu Quad %tapj scale; I inch = 20410 fcct- i titiphcnsu[t Village j AITERNA1-1X` 'S Phanned Residential � {.a►mmunih 6.10 lnvcrchapcl Road 1 I-oput,'ratihic Map Frederick C'ount�.. �' 1 + Spring ivid, VA 22151 Jun, 20115 I WETLANDS; NVATERS PVRMANi..s,r UMPACTS ....... — - ---------------- Istipj:1 Sfte ! Activit.. lk e't [*,.*tn, I Woland -�Irclm Npc I Numfict i ]a Road 4 11 MCI 0�1 t 1.330 }pc PIBM fatm7nittm XIWI I I I 55 if _L(_11 tfl) I b 2 Road Can 1_ U Fill (1.110) ISOLATED ISOLATED :3b R(md f 7951 ISOLATED I 4 Fill - 1,11milittml Intermittent wcrmittm Co If 70 if S b I-i--Road I Oa 10b Road -507 -PENI PEIVI Fill ! Fill so If 75 If jlntilm ttcinll R Road`_7 1SJ61 F, K 13 .Road 3,605 PFM 9tCT;Wa1t 60 if 14 Fill 1.2%0 PQ IntermitM)l _0 if I> PLM Road trawin7iVent 60 if 17 Rk*d Inu 65 It 119 Con Sp= PERENNIAL (7819 Raid Hil IPS&TFM Fil, Fill 7: 11' 20 F2 —I- 23 24—b -Road 25 Con Span PERRENIAL (139 It) �3T- . J I PI14 lotenvill 4:111 1 24;! if :-27b . -ad I Fill 24- PFM 1,lzermhent 1_1S if :8a 71 129 Flu 567) P F-M ISOLATED 30 Con SM. j_Lnu7�jg5j!_ L !L __i_�66 h%,m6Itcnl 140 If F-ff If If i 13 Road TEM ,4 Fill 1,52 1 1 III-INI .34b' Road bad PW l!ltaniittem i 172 if 3 k% Rujuk: Fill: ro r I. Py, IN I, r . �... ��... .,y . - - - - - - - - - ............ . ...... _........ _.. -- -- -- - - � - - t„ cm J 050029774 Exempted ftm recordation tax C' under the Code ofVkO& (1950), as amended, Sections 58.1-811(A) (3), 58.1-g11(D) and 1o.1-1803 OF EASEMENT- made this � � of &54'�—�—= THIS DEED OF GIFT a Virginia Limited Liabilky Company, 2o05, by and between Virginia called the "�1' (W ac as Chant); and whose address is P.O. Box 2530, Winchester, a Virginia w-stock corporWou (the the 897 New Market, Virgirt�; and the M,'.n►,rnxtwRAi �-H OF "Foundation'', whose addre� is P.O. Box whose address is 203DEP -- I and GoyMs Street, Richmond, Virginia, herein c�1 Y with the Foundation celled the "Graate�" individually a "Grantee" (index as Grantee); Witnesseth: WHEREAS, the Open, Space Laud Act of 1966 (Chapter 11, TWO 10.1, §§10.1-1700 to 10:1-1705 ofthe Code of'Vkgima, as amendcM authotizcs the Virginia � of Consavation and 1on to acquire easements in gross or such other interim in real a take of not kss than five yeah' durefi�' and as are designed to maintain the charaeta' of such iaW as open -space land, including perpet� WHEREAS, Chapter 10.1, Title 10.1 of the Code of Virginia (§§ 10.1-1009 to 10.1.1016, 33 ame ndod) authorizes a charitable corporation, associatiou or trust acempt from taxation, pmsaant to 26 U.S.CA 501(c) 3, with a primary purpose of P rOtectiug open space or b igork shn on real PAY' to ssessory ktae�t m real property for purposes ofretainmg or pwte� natural or opw space valueslues of real property hold a sand the Shenandoah Valley Battlefields Foundation qualifies as such a chm table oorporatiom and is authorized to acquire consavation casements by gift, pure, devise, or bequest; and WHEREAS, the real property hereinafia desciribedbokb sign& ant historical values, eWwUMY those that result 8om its role in the CiM Wa:r battles of Second and Third Winchester, and WHEREAS. the real properly hereinafter dacrubed contains prime and other produuctive soils and proms open space and agrkultival values to the citizens of Frederick County and the Cornmowealth; and WHEREAS, the comprehensive plan for FMWi& County Virgcaia, as hnpler exod by the eounV's zoning and As ordinances, recognizes the importance of protecdog the historical values of real property within the county, and. WHEREAS, the Grantor is the owner in foe siu>ple of the real property hereinafter described, which it desires preserved as open --spade land in the public interest. rax sc11i. uy 0 tV NOW, THEREFORE, in reooPWon of the fbt� and in consideation of the mauled. covenants berem and the acceptance hereof by the Grm tm, the Gran= does baroby U= and convey to the Grantees sn open -space easement in grass ova, and the right'apaP%I*y to rewict the use o& the tract of land described below and ha =after refiaared to as tM `°Property": The property comprises a 47.7536-acre passion of tsx map parcel No. 44A 31 lying on 09 wst side of Milburn ;Load (SW (State Route 662); and south of Old Charles Town Road (State liAute 761), in the Stonewall Mag#stazal District, pmkd& CAZmtY, Virginia, and more pwticulmiy deserkod and shown oa that certain plat dated Febr=y 28, 2005, revised Apra 7, 2005, and mtitbd `70emmt Plat, Showing a Proposed Cowavativn Basement Over the Land of Stcpbcnson Associates, L. C. ", prepered by Richard A Edens, of Greenway Engineering, which pliatt is auk =.hereto aancl ma & a part hereofby this reference. The Property is further dearibedby metes and bounds in Exhibit "A" attached hereto. and made a part hereof by this reference AND SLTB7ECT, HOWB VIdR, to the restriction that the Grantees or their suom ms and assigns may not transfer or convey the open -space ease en t herein conveyed to the Grantees unless the Grantas condition suca transfer or eouveyance on the reqWremeit that (i) all restrictions and conservation purposes act ibtth in the cearveyance aaomplisbed by th k deed are to be continued in perpetuity, and (u) the tmnsfem is an orSwdzatiou then quali#yinB as an eligible donee as def'med by section 170(hx3) of the Internal Revenue Code of 198C as mended, and the applicable Tre aury Regulations promlgated tom -'a so event dra<ll the open Rce emement herein conveyed be conveyed to W Civil Wit r Preservatlo>t TrnzL Restrictions are hereby imposed on uses of Ue Property Pursuant to the public policies set forth above; The acts which the Grantor, its heirs, successors, pa mil representatives and assigns, covenant to do and not to do upon the property, and the restrictions which the Grantees are bere'by '' to enrWM are and shall be as mllows: 1. Accumulation or dwmping of trash, triune, or junk is not pannkteion the Property. This restriction shall not Prove.nt generally aeoepted agriaarcal or wildlik ma nagemeoi practicer, such as creation of brush piles, cornpo$tfng, or the storage of firm machinery, organic natter, agricultural prodaW or agdcritm'ai1,yyprocucts on t:x ?ropetty, as long as mwb practices are con acted in accordance wkh applicable govramnental laws and rest Wong. 2. Display ofbillboards, signs, or other advertised is not permitted on or over the Property accept to state the name and/or address of the owners, to advertise the sak or lease of the Proptrty, to advertise the sale of goods or services produced tridenUAY to a permitted use of too ?roperty, to provide notice necessary for the pwtewon of the Property and lbr giving directions to visitors. No each sign shal exceed Wag square fo in size. 3. The property may not be divided or subdivided into more than three (3) parcels, Any such subdivision shall be approved i a advance by the Fotmdaflon, which approval shall not be mucasonk'i y withheld, conditioned or delayed. Each resulting parcel shall remain abject to the provisions of this easement and capable ofbeft couvoyedby Granter to amotber ow . The easeraad lawn gated shads run with the Property and shall remain in foil force and effort sad sW not tamanmte or be c1eeuaocl to be rax sC111- uy 0 O W Vacated upon any tr mfcr of the property by Grantor, or its flitm succo n and assrgiss in titia Tb° and liabilities under this Deed ofany owner or owners ofthe Property shall terminate ri8�• obli�°� for acts or upon transfer of that owner's interest in the Property, except that the owner's liability omissions occMing,Prior to such transfer shall survive saob tre &r. 4. Management of tinrst rraources. if area►. inehtding comumercial timber hm vest, shall be in accord with a forest Stewardship plan approved by the Foi n iaotion. All forestry activities shall be carried out ro erg to preme the environmental and, scenic qualities of the area. Best M=VmCM PraWm, asdeffnedby the Virginia Dgpm mmt of Forestry, shall be used to control erasion and protect water quality when any material Enrestry activity is undatabm The Grantor, or its aucaesaors audl assigns, shall not* tip Foun6ation no later than thirty (30) days Prinz' w the start of any material troutwdvity as won as within seven (7) days of its completion. NotwIdutwX%9 the foregoing. Grantee' can at any time remove cry, fallen, or diseased trees widbout prior now to and approval o f such action being aside by tba Grantees. 5. Grading, blasting, excavation, or earth removal shall not materially, albs the topography of the Property or materially dimmisb or impair the eonacrvatmn vat protected by this Easement except ere roquhvdl in the consbud►on of permitter: baW&gs and structures and the installation of udlifics (kclUdiug but not liadred to sewer, storm Vie, water, telephone, el°ctr'ic, and/or cable) that are sPwWcaUY permitted and provided for in pm7g<sph mmbered 6 herein, as we.`l as for (1) the purpose of conobating erosiau or flooding, (2) as is necessary for agricubural activities; (3) for the construction and/or nointanance of permitted snradtl<cs and wr&M habitat; (4) temporary disturbance associated with septic system installation, repaia or nm%teasnc e, and in igation The Grantor and any ]may - g such caceavatiOn or blasting on the Properly, "I, at its own expense, region, as ply as possible to their anginal condition, all land or premises included within. or abutting tie pamittedl its which are disturbed in any manner by the construction of the permuted structure, building, and/or utilities. Such restoration shall include the backfifflag of trenches, the replao0Mcnt of fences and shrubbery, the reseeding or r taoddmg of lawns or pasture areas, 06 t1w repi8eemeDt of structures and other %c;ilities located without any such utility easanects, but shall not include the replacemcrrt of Structures, trees and other thciliVa located within any such utrlity �• Gay armed a>l�� activities shall not constitute any such material alteration. Best Management Pmc ices, in =Mdance with the Virginia Erosion and ScdimW Control Law, shall be used to control erosion and protect water quality in the construction of pamkted Private roads. Mining on the Property is prohibited. 6. No budding, stnutrur-, uhlitias or improvemeuls shall be built, maintained, or installed on the Property OdW than (i) a$ provided unck r my agreements of record which form the chain of title to the Property, and as set forth in Exhibit "B," but in every instance, such uses wrll only be allowed by Grantor if it is the most reasonable and practicable alternative, and not became it is tee :,east exp Wive alternative; (n) any structures adsting on the Property ere of the date of the easemmt, including ibnees, foundations, and sheds; (iii) one new farm building not ==ft 4,5W aquae feet► and all apPmUaaut udkiM with the prior written approval of trite Foundation, w:iic`s approval shall be limitedto coasidaralio n offloe iaol' act of the size, height, and siting of the proposed struct<ue on the historic and open spaao verruca of the property); (iv) foot paths, private road and utilities that serve permitted buildings, structures, or in pmements; (v) sWnc approPride for the pr savatiom, maiDIananco, eahibWon, and interpretation of the Property as a CK War battlefield as pmmkted hereunder and approved by Chrantor, (vi) reconstructions, at their form-- sites, of historic building$ or stzuchm which are documentecl tenon$ t raJC scums uy JZVLLJJLV v,.a,u.,w... u.."...uu,.u.... v. .—.— -- —,- .... a . professions: historical or arctwolo&g tvestig"n to have been located on the Propedr, (vik) underground utilities and drain field cot mown far a Fe�cd bn'lding or atractnre Wn or as adbwed by subsection (i) above; and (viir) undkWund utftcs in spaifie easement a detwzW4 destnaW and granted by Grantor upon, over and across the PMM1Y, which e=mct" and utilities are accessary to %cilitate and bewflt the development andlor iDVrovemeut of imrnodiately � and 4� properties owned by &0tor err by smother entity/compauy OWUed in wbob or to part by J. Daaald Sbocxy, Jr. Footpaths andprnate roads will be consuracted so � nn °f IW shall SODS is Miztimized Existing structures and recomttuc�m of i�rarer historic buildings en historical and xceed dc original tbovrint of the buildings as �identdied in the baseline &wumantction report azvIaeolo&9 Endings. 7. Existing structures shall not be demolished or removed from the Property, rsor shall they be allered, restored, renovated, or extended except in a way that would be in beeping with the historic od scenic character, and agriculture] viabl-W of the Property, and provided that the prior written approval of tie Sbrenatndoah Valley Battlefields Foundation 3`rs3 havebeen obtairred Fencing may be built and maintained in accord with customary practical to support Mural uses. and in n of the historic S. A � meat of be �>t+apaty shall be limited to preservation �1Po batt1e&M and permitted agricultural pnusuits. It is the intent of the parties hereto that the PrwportY Abell be used as an agrku umA historical. edwatiowd- Opel,-spwc, and edocal zesource li r the benefit of the pubes 9. Awwugt► this easement in grow wLL-1 ixwfit the public as described above. nothing Wtin sban be construed to convey to the public a right of access to or, use with respect to the Praperiy, except those provisions set out in this Pa-agWh 9. The Grantor, its successors, personal reiucseutatives, and sssiga►s, hemby gad to the public, by Rvocablo license and not by easement, too right to nonexclusive access to laniard MM of the pM?cny for the . purposes ofhistorie inter-Netation activities. Such access shallbe limbed to the area demarcated as "Proposed Revocable Public Access License Area" andmore pmtiar XIY dlescrEx6 06On ft trod attaste% BxSbk "C", being that calain plat dated February 28, 2005, revised April ZOOS, od "Exhibit B Interpretive Envelope Revocablc Public Access License Am Over the Land of Stepp Associates, L. C., Stowomll District, Frederick County Virginia," lsepsrocl by Richard A. Bdws, of Greenway Engineering, which plat is attached hereto and made a part Ircmf by this refs mm, and shall be subject to the rules Fosulpaed by the Foundation, as preepproved by the Grantor. The Seease shall be granted iy (3raHbnr to fee ?oundlation on a calendar annual basis, whi ob license snail becaIly rmwed from year to year unless sooner revoiaal by Grantor The lice= can be revoked by Grantor at any time during the annual period In the event Gmntor does revoke the license, such notice 10frevocation shaU be provided to the Foua&flon at least ninety (90) calendar days prior to the effwtive date oftbe revocation Once revoked, the licem is not capable of being reinstated in the m nual period in which it was Wvokedi even if the Foundation subsequr nfy cum and remedies the breach/vioiarion in that period. Grantor shall have the right to revoke the license for public access in the event that in the sole reasonable judgment and discretion of Gmtor, Grantor daffmiues that ally or all ofthe following oaaditians exist at the PmpextT.. @ the Foundation bas failed to police the publlds axes to the Property such tier the ; public is Consistently straying tom the limited area in which the public i9 permitted access on the PropacY> and/or (it) the access of the public to the property is caul* harm or damage to tree PevpeftY, such as, but not limited to, the dumping of trash, r�cfuse or junk, ahWaai activity, mrisanee, or other wfivhy not otherwise pannitted under this Agreement or is violation of the regulations, lows and ordinances of 4 .,y Fmleridc County and/or tbo Commotrweahh of Virginia. Prior to die revocation notice of the Home by Grp, GratYw shall provide the Foundation with notice of the ac tiviucs that arc being observed in violation of the terms of the license, an6 vVJ permit rho FowUbtion a. period of fiftan (15) calendar days in which to wme&ate and cure the stated violation. In the event the Foundation does not timely renediate and care the violation, or in the evcw the same violation occ rs again. then Grantor shall have ttic 40 to terminate and revoke the 1leenw for the remainder of that cW=t ao wl period. Grantor agrees it cannot act a t krarily in revotmg the license and that Grantor stall not revoke theH"M as long as 60 m f its grant uer+ein stater, arc bcb* oompiiedl with by the Foundation. Altlbugt► this casement in Bross Wilbenefit the public as desaffied above, nothing herein sWM be oowtrued to covey to the public a right of access to or use ofthe Property other than w provided basin. Grantor, its successors► repmaaCOWIvos and assigns, haeby retain exclusive right to sash access and we. subject to the terms bereof. Io. W nsa al or commercial activities other than the fAmring are probib'ked: (j) agriculture, vkieulturq aqusculturoue, ► sbiculturg, horticult and eqube activities, (ii) temporary or sma3orW outdoor activities which do not pamm molly a1w the physical gVemuce of the property, and wI*h are camsistmtt with the consctvatian values heroin protected, (iii) activities which can be and in ihct arc conducted wilt permitted buildings withoct material alteration to the external appearance dxmf Temporary outdoorr activities invo'ving too or more peopfe IIWI DO exceed seven (7) clays in duration unless approvedby the Foundation in advance in writing, 11. For purpose of this easement, acoaptable agricultural activities shall exclude swine and poultry production other than mndl-"e pavdu um aomptable to the Fouodation and with its prior approval, 12. Grantor aid Grantees have documented the historic Mourcm, natural characteristics, ocobgical features, and physical and man-made conditions o f the property at the time the easement is Voted; in a Baseline Documentation Repeat, prepared by the FowWact ion and signed and acknowledged by Grantor and Grantees, mstabhftg the cot>MM of the property at the time of the grant and inclWi ug gotta, maps, p-otopWhs, and other diocumantatmn. Grantors may use rise $8S one on is enforcitiB 7rovisions of this easement. 0. des of Lie Grantees may eater the Property ftOm tmx to time ibr purposes of b spect'ou and on£orcm wa of the tams of this a mnent aft ponmission from or reasonable notice to the owner or the owner's representative. 14. IU Grantor, its heirs, successm, personal rEprpSC = ives, and assigns, shall notify the Foundation in writing ably (60) days prior to any trmfer or sale of the Property or any part theME In any deed conveying all or any part of the Property. this easement Shall be referencedby Dodd Boob and Pop Number. 15. When the approval of either parry is required herein, in all cases such approval shall not be utffeasonably withheld, conditioned, or delayed. Ifno response has been providai within thirty (30) days of the request, then the party'mal* such request macy proceed as though approval had bem granted, it being agreed that a failure to respond shall be darned to be approval of the request. 16. The Grantee shall not sc& to en%ra this easement in the we of its breach by the G3reator, by appropriate legal proewAimgs., until after having provided the Gnaw with prior written notice and a description of the akge4l vie; anon or isreac; ' and pmvid W Grantor wkb at least one hundhd twenty rtIl7C scll� uy �zVILLJJLI, aJ1LL.l.Ifl1 L.lul.luu,.a..... v• sv vv —a —v Printed On 07,07/2006 By OREENWAY • O J Q1 (120) cWcndar days within which to Cure a nE randy the aIieged violation or broach before such GTmteo seeks such relief to enforce this easenucat- ramtatives, pjcce 8, and �'W' all rtgbts acaramg from their 17, Grantor reserves to itself and its np or invite othm to engage in art uses owncmhip of the Property, includWg tie to m or pit and rent ineansisient with of the Property that are not ofurwise oxjrressly proh�b w or testricted herein, the stated purposes of this easement. conrenants, and eat acated in this Dead of Tie Grantor hereby agras that th6 agroaaentsut are covenants mm�ia8 with the land that Ba"Mcm are not covenants personal to rhr Grantor, comprises the property, which are anal s`m ll be binding upon the Grantor, and its successors and assigns in interest and title. As evidencediy fsev respective sigt MM affbwd hmtito, (?cantor and Coantm agree to be bound and to abide by the tMw andprovisions h ees 80cePt *t memeo '0� described and gusnted by Grantor sub ca to such WITNESS the following signatures and seals. STEpHENSON ASSOCIATES, L.C. ggill•::/-i COMMONWEALTH OF VIRGIMA ) % )6s: _CFry1COUNTY OP Al CIS ) . 7 2005, before rrre, a Notary l HEREBY CERTIFY that an _ /111YWearedJ Donald ShocYey, Jr., kcnv avn to me Gar Public of the juriActiion Araard, passe y satisfactorily proven) to be the person whose name is m"c,*ed to the within iustctument, wbo acknowledged that he executed the same ibr the purposes dxzein contained in his oT=W and audwfiacd eapacityy as Manager of STBPHENSO:h: ASSOCIATES, L.C., a Vi&ia limited ls�yJ°0p�y "COMIMWN), and tbat he, as actor ofca of the Cum P0% being rfiod so to do, �ca;nted the foregoing instrument for do purposes thaein contained by s{g�n ift mane of the Cotnpa�y. WI'i' aSS cry hand and Notarial. Seal �� Notary lie rax scnu uy piinlod do 07X7/2006 By GR99NWA O C:) _J Accepted: COMMONWEALTH OF VIRGINIA, 9?�-:ARTMENT OF CONSERVATION AND RECREATION By. (SEAL) Joseph H. Maroon, Director COMMONWEALTH OF VIRGINIA ) ) ss: CITY/COUNTY OF A&n�--Jr I HEREBY CERTIFY that on .� 2005, before me, a Notary Public of the jurisdiction aforesaid, perso lly appeared, Russell W. Baxter, acting director for Joseph H. Maroon, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within ed in lus official and authorized capacity aledged that he s executed the same for the purposes there) Director of the VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION (the "Department'), and that he, as such officer of the Department, toeing authorized so to do, executed the foregoing instrument for the purposes therein contained on behalf of the Department. WITNESS my hand and Notarial Seal. N Pu tic. My Commission Expires: Approved as to form: Special Assistant Attorney General rdx zsq--110- L)!) Pr1nj&dobo7)v7120068yGREENWAY I ACC4*W&' SHENANDOAH VALLBY BATnEFIE113S FOUNDATION (sm) Br M COMMONWEALTH OF VIRGINIA ,ZnOF 2005, befine MB, a I HIBUBY CERTIFY that on Howard ard 1. KiU4 knO� to me (or Notary Public of the ju�diou 2bmad, is subsaflW to the withib bstlumgd, who nddw4offly provo to be the person whom nam miw& in lis offLM and authorized that be a=uted the same for the pupom theta � 00 VALLEy BAITLEFIELDs F DON,cVwity as Encutive Dtodor of SHENANDOAH such offim of thoudstion, U4 Vkgblia Don4to& COW26on (tbr- "Fmaddion"). and that be, as authorized so to dD, amwed the foregoing hMmlcut farft purposa the 000tained by s%njmS the name of the Foundation. WITNESS vW Wmd and Notarial Seals Notary'Public .y'omission 3xpfiU' fax Z MII 6 UV . J-[V I LL JJLV ............ ..... PrImW On 07,0 1-7 4 ( C1 L1 ,;—=(1i 6 tT A- A4&T i o g It CD OLD GRARaS rAWN ROAD ._, VA- ROUTE 761 — VAJa48ff WIDTH p D6 432 PG 366 & 08 4M PG �p L10 G L11 L1? L13 1 LB o' 0 L7 EC1 r s Ir_X �w o Le : y : sEF DETAlL .� SHEET 2 C3LJ L5 C2 ::. L2 M PA J 920687 ACMES 4�� .... ,. :4,7,.7538 ACRES': 09 1': :.l / T.U. 44—A JO `�` y,' .. EUAWUEL ME MMIST CHURCH /i9 Qg (MILBURN Cf]WMRYI 9 -� lNST No. 020018966 SEE WILL BOOK 9 PG 220 TM. 44—A-29 JUDITN Alc(,ANN SLUG fU INST. No. 0200004,69 ilk 1 500 0 500 SEE -907 2 FOR LIME ABTA. 1 CURVE WA AND MITES. GPAPIHIC SCALE _ ON FEET) REWSED. APM 7 2005 EASEINENT PLAT SHOWING A PROPOSED cowm✓A w EASEMENT ova mE LAND OF �i ��p TH 4�+✓ h i TEIPHENS©pi A ", SS© .44 TES, L. S SrONEMWLL l 4W7ERW DISM9,, FREDDMX COUW; ARM RICHARD A. HENS SCAB: i' - 500' DATE: P'EBRUARY 26, 2006 No.002550 i� I GREENWAY ENGIKEiA LNG ¢-7.05 �. 151 Windy Hi-fiLane �� Engineers Mnch ester, Mqbtia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded i,►1971 www.greenwayeng.com ` 2780 SHEET i OF 2 , 1 I r ax sen L D9 'Y,7 f 66.7J60 'Anted CIn 07,C7/1006 By GREENWAY FITYPUEL 61("kT A - FIG E •z °F t w .^r IDVC nATA EASEMENT CURVE DATA CURVE EC 1 RAaus 1315.92 W 0.00 I ARC LENGTH 1 155• 1 955.46' EC2 I IAIF' ne TA 06,46 c E 9 O 1' E 7W-2-5�-W'13' 163 J5 L2 E 937.80 L.3 N 2J'38 42 E 32.79 L4 N 23'5926 E 1 79•40 L5 L6 S 64'J5'08 E N 31'07J2 F 20.00 100.50' L7 N 25'24 54' E 5d00' L8 JY 21 'J6 03 E 75.17 L9 N 270J'05- 175.07 N 5726 26 E 46.68 E01 S 84'10 54 E 128.58' L 12 N 8505 00 E 133 10 L 1 J N 8J 59 5? E 75.92 L 14 S 3J J4 15 W 117J9 L 15 S 26'J5 10 W 610.00 06 S 21'J102W 561.64 L 17 S 21'39'37' W J76.59" L 18 S 2077'05' W 659.32' L 19 N 2Y57 01 E 114.87 L20 N 64 02'59- W 174.36' EASEMENT LINE DATA LIVE I BEARING DISTANCE El I S 0278 42 W 434.11 mD amRLE8 TOWN ROAD 0 04 L 11 �N57 Lc 1� ........' 1 ' W v DETAIL LS . .................. . E 5 • 1 '- 150' o NOTES THE, @OUNDARY INFOR,44710N SHOWN HEREON MS BEEN PREPARED FROM AVAILABLE RELbROIS AND DOES NOT REPRESENT A BOUNLI4RY SURVEY OF THE TRACT OR ANY PORTION OF THE BOUNaW UNa NO TITLE REPORT FURNISHED EASEwEffrS U4y EXIST WHICH ARE NOT SHOWN. THE DOT-SH4DED AREA SHOWN HEREON DENOTES A PROPOSED CONSERVAIM EASUM CONTAN" 47.7536 ACRES, lU BE CSTA&WO OVER A POR77M of FAX PARCEL 44-A-J1 AS ESTA6190 BY RW PLAT Fi7R 80UNn4Rr UNE AAIUSWW DATFD DUNE 23, 2004 AE REGARD AA/OW THE LAND RECORDS OF fR£DERICK COUNTY, V/R" AS IN5TRUM8VT NO. 040011938 AND FU4 7K7 BOW A TES,LC, BY DEAD LY4TED MARCH 19, 2003 OF RECORD AMONG SAIDLAND Ri_CORD AS lNSTRUMNO. 03000376� REVISED.• APML 7, 2005 EASEMENT PLAT SHOWING A PROPOSED CONSERVATION EASFI/Mr OVER THE LAND OF S TEPHENSON A SS0CIA TES, L. C. SMEWAU A4I07ERLAL DISMR" FREDVZCK COUNTYM, KRC•INN J SCALE: N A DATE: FEBRUARY 28. 2005 GREENWAY ENGINEERING 151 14rn4 HLII Lane Engineers Winchester, VL in a 22602 Surveyors Telephone: (540) 662.4185 FAX (540) 722.9528 Founded in 1971 www.greenwayeng.com YwHARD A. EDENS a No.002550 BURv�'� 2760 SHMff 2 OF 2 -ay.------ .......................�..�.. Printed 6n 07107200E By GREENWA C7 The accompanying plat entitled "Easement Plat Showing a Proposed Conservation Easement Over the Land of Stephenson Associates, L.C." and dated February 29, 2005 represents an easement plat intended for use in establishing such easement over a portion of Tax Parcel 44-A=31 as established by Final Plat for Boundary Line Adjustment dated June.23, 2004 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 040011938, being a portion of the land conveyed to Stephenson Associates, L.C. by deed dated Marcli 19, 2003 of record in said Clerk's office as Instrument No, 030005766. The said easement area fronts the southeastem boundary of Milburn Road (Va. Route 662) a short distance southwest of the intersection with Old Charles Town Road (Va. Route 761) in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by metes & bounds as follows: Proposed Conservation Easement Over T.M. 44-A-31 Beginning at a point in the southeastern boundary of Milburn Road (Va. Route 662), said point being located 156.62' southwesterly along the southeastern boundary of Milburn Road from its intersection with the southern boundary of Old Charles Town Road (Va. Secondary Route 761), comer to the portion of the land of Stephenson Associates, L.C. unencumbered by the subject easement; thence along new easement lines through the land of Stephenson Associates for the following four courses: 155.44' along the arc of a curve to the left, having a radius of 1,315.92' and a chord bearing S 79033112" E for a distance of 155.35', to. a point; thence S 02°28'42" W — 434.11' to the point of curvature of a curve to the left; thence 955,48' along the arc of said curve, having a radius of 880.00' and a chord bearing S 28037137" E for a distance of 909.23', to a point; thence S 15010,211, W—1,462.79' to a point in a line of Judith McCann Slaughter and in the southwestern boundary of the subject tract; thence with Slaughter and along the southwestem boundary of the subject tract N 63053'23" 'W—1,149.17' to a point in a line of Emmanuel United Methodist Church (Milburn Cemetery); thence with said Church and continuing with the southwestern boundary of the subject tract for the following two courses: N 25057101" E-114.87' to a point; thence N 6442159" W-174.36' to a point in the center of Milburn Road (Va. Route 662) and in the northwestern boundary of the subject tract; thence with the center of said road and along the northwestern boundary of the subject tract for the following seven courses: N 25039101" E-163,35' to the point of curvature of a curve to the left; thence 200.00' along the arc of said curve, having a radius of 18,683.23' and a chord bearing N 25ID20137" E for a distance of 200.00', to the point of tangency; thence N 25002113" E - 937.80' to the point of curvature of a curve to the left; thence 199.99' along the arc of said curve, having a radius of 8,233.72' and a chord bearing N 24020'28" E for a distance of 199.99', to the point of tangency; thence N 230381421, E - 32.79' to the point of curvature of a curve to the right; thence 200.00' along the are of said curve, having a radius of 33,188.12' and a chord bearing N 23049104" E for a distance of 200.001, to the point of tangency; thence N 231,59'26" E-179.40' to a point in the center of Milburn Road (Va. Route 662) at the southwestem terminus of the dedicated right-of-way; thence with the southwestern boundary of said right -of --way and continuing along the northwestern boundary of the subject tract Sheet 1 of 2 P dX SCl l 1. Uy �'SU f GG 7�G0 ana:u...►n a i...a a. wa... a...a — . -- .. — -- -- PrIML-d d'n 07,072006 By GREENWAY S 64035'06" E - 20.00' to a point in the southeastern boundary of Milburn Road (Va. Route 662) tQ'1e southwestern terminus of the dedicated right of -way; thence with the soulmstem boundary of ".M burn Road and continuing with the northwestern bID McMJ of the subject tract for the following four eomws: N 310OT32" E-10050' to a point; thence N 25O '54" r. - 50.00' to a point; thence N 21036'03" E - 75.17' to a point; thence N 27°03105" E — 67.13' to the beginning. 47.7536 Acres. Containing............................................................................................... Folb 28� 2005 rgmT . Prepared........................................................................... April 712005. Revised............................................................................................... MMMD A. MW No.002550 r �L -7' a 5 4, File 2760 Sbeet2 of 2 M gXtilBTT B o with Brookfield Wadi n, L.L.C. in that wtain. um+emded Real Bstde pursuant to ids agi ocment er 13, 2004, AS me dod and rvA" by to Reall B steft Purchase Contract dated Segteanb 30, 20o4, and by Second Aftu&m to Real Estee pwtbaw Purebase Contract dated e1�dve Scpte� Est Bmolcfiold Contrad dated; effective Octob' 15, (colledivdy the -Brookfield Cormraco, 1� Serves the Washington, L.L.C. shall have the % wing rights to use the P=opertY, GV Mor Y following nghta to use the ProperiY t+o dedicate eascmcMs, lirxnses and, rights of way fat , .or 1. Gr Mor reserves The right t of utighboring land sold or to be sold so Dwok field ass otherwise Ucary for be dmftmeu Such ofway ands sbaia Washington, L.L.C., fds successors and assigns. $ roads, irG7ity also include easements rcaso A'y nece My to inntalt lgmk and maktain lames arty. utility &ci"In serving such land. action 2. Orwdor transfers no right in the Property to (ranters that wow o �, than the or t spy action which wmc� mLss re wi8t the daLI. Odl assigns. pmp�e rty sold or to be sold to Brookfield Washington, L.L.C., its successors ran acne Uv JZV 1 LL JJLV Sri vm006 By GREENS tr G- PAVE 1 0F2 �q 0MLE8 TOWN ROAD i VA. ROM 761 — VARA&E W07H f�W OB 432 PC J66 & DO 452 PC 58 O1. 00 C4 01 L12 L1J 8 iL9 v L6 C,i PROPOSED " Lj -:, PURWI)ZCM 'Qr. LICENSE AREA L14 C2 :; a7,366 ACRE I SEE DETAIL SHEET 2 LZ TAX PARCEL ry L 8Z.o6s7 ACREAs �rorAc� Cjh c1 4Z753., AARES' 1 . L :� l20 >>Ir . ~ A ,y j;: 40 L 16 TM. 44-A- i0 l E1111AwyaMEMIST CHURCH (llWURNN CEMETERY �.99• t ' INST. W 020018966 ' SEE wrLL 130ox 9 PC 220 � T.M. 44-A-2e � JUDITH McOWN SLAUGHTER INST. No. 020=40. 500 S�'�IEET 2 FOR LINE QA TA, I, I 500 0 CURVE WA AND NWTES I I i I GRAPHIC SCALE (1N FM REVIS, APlQfI 7 2005 I EXHIBIT B " D � R,EYDCGABLE PUBLIC ACCESS LICQNSE AREA OVER THE 1AND Of f � r S'TES, �.�'. STLPhENSON ZS S101VEWALL 11MG1S'TOW DrsT1 fREDERICK AOIJWI; 14RO44 RICNARD A. EDENS F SCALE: 1' = 600/ DATE: FEBRUARY 28, 2005 No.002550 ?►i 11401NE'-;MlING 4--7-0'3' i i t4z 151 Windy Hill Luke �'91',Jb �• Engineers Winchester, V is 22602 SUR t Surveyors Telephone: (540) 662-4185 ' FAX. (540) 722-9528 Founded in 1971 www.gnenwayeng.com 2760 - SHEEP 1 OF 2 ran acne uy JZfJ. LLJJLv V.......... • C-�CNt3l'f C - f'� 6E 2 o P � a I CURVE DATA ' C1JRVE RAaus ARC LENGTH �F1TA ANGLE I TANGENT CHORD CHQIRO LErvG. I ci Mann ?0 ! C2 B?33.72 _ 18 c3 JJ �88.1 Z20 C4 1175.92' 11 !I �I CURVE RADIUS AN L ' EC1 �� 131~ 5.92' 1S5^� I EC2 B80 00 955 i LINE DATA I LINE BFaIRINC 4 i r r N 25'39 01 E L3 M N 2TJ8'42' E L4 N 2J'59 26 £ S 64'35 06' E i I6 N 31'07'J2' E L7 N 25'74 �4- t L6 N 21'J603 E L9 N 270J 05 E L 10 N 57'26 2S E 9 L 11 — S 84' 10 54 E L5� 12 _ N 85'0' E L1J N 8T59 2 E L14 1S JrJ4 15� W L 15 i 'r35' 0 W 1 L16_ $2 L17 ! S 2 L18 S 2 '3B 48, 100. .4j EASEMENT CURVE 48 44 06'46 Q157MICE 1� 35 937.80 32.79' 179.40 1 20.00' 700 50.00 75.17 1710r' a 68 128.56 1 JJ.10 75.92' 117.J9' 610.00 I 561.64 1 W 1 L16_ $2 L17 ! S 2 L18 S 2 '3B 48, 100. .4j EASEMENT CURVE 48 44 06'46 Q157MICE 1� 35 937.80 32.79' 179.40 1 20.00' 700 50.00 75.17 1710r' a 68 128.56 1 JJ.10 75.92' 117.J9' 610.00 I 561.64 1 W ,f/b.by W 659.32 E 114,87 W 174.36 ETA 199.99" 200 00 110.63 I I� r LINE DAT ' UNE f OEAhWW rna n rr-r- El — 5 QZZ812 W 04,11 fFJ 5 76'.i0 02 E 150.00 i EJ s 1 r49 J w 200 £4 L N 76'J0'02 W 160.00 I 40. S7 C s6 L5 DETAIL SCALE- 1 150' OILS OHARLM TOWN ROAD ����. L11 PROPOSED REVOCABLE PUBLC ACCESS �UIC06F AREA 0.7366 ACRE � , O N/'Ii/ .iTHEi/RotffiN INfi?W71ON SHOWN HEREON hAS BEEV PREPARED FROM A1NLAf F RECORDS AND DOES N»Tl� �RNISHED. FASAIEMS CIA EXlS7 WHICH ARE � 77ON OF � BWNLMRY LM/E5+ NO SHOWN. THE DOT -SHADED AREA SHOWN HEREON DENOTES A PROPOSED CONSERVATION EASEMENT CONTAWM 47.7536 ACRES, TO 6E ESTABLISHED OVER A PORTION OF TAX PARCEL 44-A-31 AS ESTABU M BY FlW PLAr FDR BOUNLWY LINE AalUSTMENT DATED JUNE 2.; 2004 OF REWD AMONG THE LAND REAOROS OF FREDERICK COUNTY, WRGW,4 AS INSTRUMENT N0. 040011939 AND FURTHER BONG A PARMN OF THE LAND CONVEYED To S'TEPHOVSON ASSOCATES, LC. BY DEED Q4TED MARCH 19, 2003 OF RED AMONG SAID LAND RECORD AS INSTRUMENT NO. 0,30005766. THE CROSS-HATL'HED AREA SHOWN HE)4EON DENOTES AN ADDITIONAL PROPOSED REVOCA&E PUBLIC ACCESS,LM.FI�VSEEA�� � �O� A PORTION OF THE ABOVE QED TAX PARCEL 44-A-J" REMEO. AP18L 7, 2005 - EXH&II f! � ,1,TH oj;, y �, t RE KrA&E PUBLIC AOGM LMSE AREA OVER THE LAND OF f � S TL� LQMENSON �� SSO Gl/Vu k- �,L �� h 570NE U WaSTE741Q DISTRICT, FRMOWK COUNTY, Ni MA RICHARD A. EDENS e0 SCALE: N A DATE: FEBRUARY 28, 2005 t II No.002550 1 01ES4-WAl S1GNESTIG A Hill Lane I s►rv`�wnchrsrerwginia 22602 U qv Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded In 1971 www.greenwayeng.com 2760 SHEET_ 2 OF 2-� I — I r aX Sen-L Dy r .-.. -- -- ------ � � • - Prinled Oh 07107/Z006 By GREENWAY --Woman 0 Cl J r C1*$ VIRC;INJA: CY>tJNTI'lr SC n This iDw meet of wridag was produced to the ou at 14 3 and with certificate of xknowledg ment thereto a-mm d was admitted to rword. T irnlx=d by Saw. 38.1-W02 of $, , aad 58.1-801 have been paid, if "u=abla . C3er3c