HomeMy WebLinkAbout02-12 Renaissance Commerical - Back Creek B3 to B2 & RA to B2 - Backfile0 •
REZONING TRACKING SHEET
Check List:
Application Form
li Fee & Sign Deposit
Proffer Statement t/ Deed
Impact Analysis Plat/Survey
Adjoiner List
�— Taxes Paid Statement
File opened
/ U
Reference manual updated/number assigned
/ v
D-base updated
fo
Copy of adjoiner list given to staff member for verification
�2v (
Color location maps ordered from Mapping
i
Application Action Summary updated
Planning Commission Meeting ACTION: �% J
Board of Supervisors Meeting ACTION: t
Signed copy of Resolution received from County Administrator and
placed in Proffers Notebook together with proffers
Approval (or denial) letter mailed to applicant/copy to file and cc's
'
Reference manual updated
D-base updated
3 )�,YU'Application Action Summary updated
File given to Mapping to update zoning map
Zoning map amended
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COUNTY of FREDRRICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
12
Mr. Evan Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: REZONING 902-12, RENAISSANCE COMMERCIAL CENTER
PINS: 75-A-2C and 75-A-2R
Dear Evan:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of March 14, 2012. The above -referenced application was approved to rezone 8.9817 acres
from the B3 (Industrial Transition) District and 0.4989 acres from the RA (Rural Areas) District to
the B2 (General Business) District; and, 1.5527 acres from the B3 District and 0.1439 acres fi•om the
RA District to the B3 District, totaling 11.1772 acres, with proffers, for commercial use. The
properties are located on the west side of Valley Pike (Route 1 1 South), approximately'/2 mile south
of the Route 37 interchange near Interstate 81 Exit 310, in the Back Creek Magisterial District.
The proffer statement, originally dated November 30, 2011, with final revision date of January 18,
2012, that was approved as a part of this rezoning application is unique to the above referenced
properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer
statement for your records. Pursuant to §165.102.06E, the County Attorney will present the
written proffer to the Frederielc County Cleric of Circuit Court for recordation.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
Candice E. Perkins, AICP
Senior Planner
CEP/bad
Attaclunent
cc: Gary A. Lofton, Board of Supervisors, Back Creel( District
Greg Unger and Kevin Crosen, Back Creek Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Rod Williams, County Attorney w/Proffer and Resolution
Bowman -Shoemaker Cos., Inc., Alizarin Crimson LLC, PO Box 480, Stephens City, VA
22655
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
0 9
REZONING APPLICATION 802-12
RENAISSANCE COMMERCIAL CENTER
Staff Report for the Board of Supervisors
Prepared: March 5, 2012
Staff Contact: Candice E. Perkins, AICP, Senior Planncr
Reviewed Action
Planning Commission: 02/15/12 Recommended Approval
Board of Supervisors: 03/14/12 Pending
PROPOSAL: To rezone 8.9817 acres from the B3 (Industrial Transition) District and 0.4989 acres
from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from the B3
District and 0.1439 acres from the RA District to the B3 District, totaling 1 1.1772 acres, with proffers,
for commercial use.
LOCATION: The properties are located on the west side of Valley Pike (Route II South),
approximately'/2 mile south of the Route 37 interchange near hlterstate 81 Exit 3I0.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/14/12 BOARD OF
SUPERVISORS MEETING:
This is an application to rezone a total of 1 1.1772 acres of land from the B3 (Industrial Transition) and
RA (Rural Areas) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts with
proffers, to accommodate commercial uses. With this rezoning, the applicant has proffered to dedicate
the necessary right-of-way to construct Renaissance Drive and Prosperity Drive as outlined in the
Revenue Sharing Agreement in place for this development. The land use proposed in this application is
consistent with the goal of the Comprehensive Policy Plan and has addressed all of staffs concerns.
FollolUing the required puhlic hearing, a (leclsion rega/'ding this rezoning application Gy the
Board of Supm•visors woul(I be appropriate. The applicant should he prepared to adequately
address all concerns raised by the Board of Sltpervisors.
•
Rezoning 902-12 Rcnaissance Commercial Center
March 5, 2012
Page 2
This l•eport is prepared by the Frederick Collllty Planning Staff to pDovide in i-mation to the
Planning Commission and the Board of Supervisors to assist them in leaking a decision on this
application. It may also be useful to others inteDested in this zoning matte!,. Unl'esolved issues
concerning this application are noted by staff rvhel•e relevant thl•oughout this stuff Deport.
Reviewed Action
Planning Commission: 02/15/12 Recommended Approval
Board of Supervisors: 03/14/12 Pending
PROPOSAL: To rezone 8.9817 acres from the B3 (Industrial Transition) District and 0.4989 acres
from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from the B3
District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with proffers,
for commercial use.
LOCATION: The properties are located on the west side of' Valley Pike (Route 11 South),
approximately % mile south of the Route 37 interchange near Interstate 81 Exit 310.
MAGISTERIAL DISTRICT: Back Creels
PROPERTY ID NUMBERS: 75-A-2C and 75-A-2R
PROPERTY ZONING: B3 (Industrial Transition) and RA (Rural Areas) Districts
PRESENT USE: Vacant/Undeveloped
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B2 (Business General) District Use: Office
B3 (Industrial Transition) District
Use:
Heavy Commercial
South: RA (Rural Areas) District
Use:
Church, Agricultural
B3 (Industrial Transition) District
Use:
Office
Bast: B2 (Business General) District
Use:
Office and Commercial
B3 (Industrial Transition) District
Use:
Heavy Commercial
West: RA (Rural Areas) District
Use:
Agricultural
M 1 (Light Industrial) District
Use:
Undeveloped
Rezoning 1102-12 Renaissance Commercial Center
March 5, 2012
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone the subject
property appears to have a measurable impact on Route 11. The route is the VDOT roadway which has
been considered as the access to the property. VDOT is satisfied that the transportation proffers and
plats offered in the Renaissance Commercial Center rezoning application dated November 30, 2011
address transportation concerns associated with this request. Before development, this office will
require a complete set of construction plans detailing entrance designs, drainage features, and traffic
flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the
right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and
off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be
covered under a land use permit. This permit is issued by this office and requires an inspection fee and
surety bond coverage.
Fire Marshal: Plans approved as submitted.
Public Works Department: The Public Works Department supports the proposed rezoning of parcels
475-A-2C and 75-A-2R as presented in Grcenway Engineering, Inc.'s rezoning application dated
December 16, 2011.
Sanitation Authority: There is sufficient sewer capacity and water capacity and pressure to serve this
site.
Service Authority: No comments.
Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it
will not impact operations at the Winchester Regional Airport.
Frederick County Attorney: Please see allachecl leller Baled Jcnmaiy 3, 2012, fi-om Roclerick B.
lVilliams, Cotmi}) Allor»ey.
Transportation: This letter will serve as my comment on the Renaissance Commercial Center
Rezoning. I am satisfied that the transportation proffers contained in your application are sufficient to
aid in the improvement of the transportation network serving the subject property.
PlanninIz & Zoniniz:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephens City, VA Quadrangle) depicts
the zoning for the two subject parcels as B2 (Business General) District.
Parcel 75-A-2C was historically zoned B2 and, therefore, there are no proffers associated with
this parcel. The portion of parcel 75-A-2C that is currently zoned RA (Rural Areas) District
was originally part of Parcel 74-A-71, which was historically zoned B2 (Business General)
Rezoning 1102-12 Renaissance Commercial Center
March 5, 2012
Page 4
District but was subsequently down -zoned to the RA (Rural Areas) District on May 10, 1989.
This area was adjusted into parcel 75-A-2C to accommodate the construction of Renaissance
Drive.
With Rezoning 411-98, Parcel 75-A-2R (75-A-2R was part of 75-A-21) when the site was
rezoned) was rezoned to the B3 (Industrial Transition) zoning district with proffers. The proffer
that pertains to this property was for the future road connection that is covered by the Revenue
Sharing Agreement that is currently in place.
2) Comprelensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's glide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[2007 Com1wehensive Policy Plan, p. 1-11
Land Use.
The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The
Sewer and Water Service Area defines the general area in which more intensive forms of
planned commercial and industrial development will occur. The properties are also within the
limits of the Southern Frederick Land Use Plan. The plan shows this area with a business and
commercial land use designation. The applicant is requesting a rezoning to the B2 (Business
General) and the B3 (Industrial Transition) Zoning Districts and, therefore, this requested
rezoning is in general conformance with the Comprehensive Policy Plan.
Site Access and Transportation.
The Eastern Road Plan of the Frederick County Comprehensive Policy Plan identifies a new
east -west major collector road running through this development which would connect Valley
Pike (Route 11) to Shady Elm Road. Prosperity Drive would also be extended from its current
terminus and would intersect with this new road. It should be noted that a Master Development
Plan for the Renaissance Commercial Center was approved for this development on November
11, 2007. The MDP provides for this roadway (Renaissance Drive) on the subject property
(froth Valley Pike to the western limits of the development) as well the construction of two
lanes of Prosperity Drive that will intersect with Renaissance Drive.
It is also important to note that this development is also participating in a Revenue Sharing
Project to implement the proposed Renaissance Drive improvements and the extension of
Prosperity Drive to connect to Renaissance Drive. These improvements will allow for the
development of the first phase of this roadway (two of four future lanes for Renaissance Drive)
as well as a new signalized intersection at Renaissance Drive and Valley Pike. The Applicant
has entered into a Revenue Sharing Agreement with Frederick County that provides
$1,001,000.00 of private investment to satisfy the local match for the Project. Frederick County
will manage this project.
Rezoning 1102-12 Renaissance Commercial Center
March 5, 2012
Page 5
3) Proffer Statement — Dated November 30, 2011 and revised on January 18, 2012.
A) Renaissance Drive Right -of -Way Dedication:
The Applicant has proffered to dedicate a variable width right-of-way to Frederick
County to allow for the construction of Renaissance Drive as described in the Revenue
Sharing Agreement. The plat for this right-of-way shall be recorded within 30 days of
final rezoning approval.
The Applicant has proffered to dedicate an 80 foot right-of-way on a portion of parcel
75-A-2C to allow for the future extension of Renaissance Drive from the limits of the
project described in the Revenue Sharing Agreement to the CSX railroad right-of-way.
This right-of-way shall be provided at no cost to the County and shall be provided
within 90 clays of written request.
B) Land Use Restrictions:
The Applicant has proffered that Truck Stops (SIC 5541) and Adult Retail shall be
prohibited on the subject properties.
C) Fire and Rescue Monetary Contribution:
The Applicant has proffered to provide $0.05 per square foot of structural development
for all land uses on the subject properties.
PLANNING COMMISSION SUMMARY & ACTION OIL THE 02/15/12 MEETING:
The representative for this rezoning application, Mr. Evan A. Wyatt with Greenway Engineering, stated
that the County and the applicant have been working in a partnership to advance transportation
improvements prior to development, which is the basis for the revenue sharing agreement. He said a
land swap was accomplished with an adjacent property owner which allowed the applicant to obtain
right-of-way access the County needed down to the railroad tracks. Mr. Wyatt said the project is
proposing a new urban collector road link between Shady Elm and Route 11. He said this first phase
preserves the revenue funds and sets up an opportunity for a second project that could potentially extend
the road through the Artillery project for a full connection. I-Ie added this area was determined to be
necessary to advance some of the projects VDOT is pursuing with Exit 310 and will provide alternative
routing for the County in the future, should access be lost. I-Ie commented that most, if not all, of the
transportation issues are mitigated and the proffers commit to the right-of-way dedication. Mr. Wyatt
said the sole means of access will be off Renaissance Drive and there will be no access on Route 11.
There were no citizen comments. No issues or concerns were raised by the Planning Commission. A
motion Was made, seconded, and unanimously passed to recommend approval of the rezoning with the
proffers offered by the applicant.
(Note: Commissioners Thomas, Triplett, Mohn, and Crosen were absent from the meeting.)
Rezoning 02-12 Renaissance Commercial Center
March 5, 2012
Page 6
STAFF CONCLUSIONS FOR THE 03/14/12 BOARD OF SUPERVISORS MELTING:
This is an application to rezone a total of 1 1.1772 acres of land from the B3 (Industrial Transition) and
RA (Rural Areas) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts with
proffers to accommodate commercial uses. With this rezoning, the applicant has proffered to dedicate
the necessary right-of-way to construct Renaissance Drive and Prosperity Drive as outlined in the
Revenue Sharing Agreement in place for this development. The land use proposed in this application is
consistent with the goal of the Comprehensive Policy Plan and has addressed all of staff's concerns.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
0 0
REZONING APPLICATION #02-12
RENAISSANCE COMMERCIAL CENTER
Staff Report for the Planning Commission
Prepared: January 27, 2012
Staff Contact: Candice C. Perkins, AICP, Senior Planner
Reviewed Action
Planning Commission: 02/15/12 Pending
Board of Supervisors: 03/14/12 Pending
PROPOSAL: To rezone 8.9817 acres from the B3 (Industrial Transition Business) District and 0.4989
acres from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from
the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with
proffers, for commercial Use.
LOCATION: The properties are located on the west side of Valley Pike (Route 11 South),
approximately'/2 mile south of the Route 37 interchange near Interstate 81 exit 310.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/12 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 1 1.1772 acres of land from the B3 (Industrial Transition) and
RA (Rural Areas) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts with
proffers, to accommodate commercial Uses. With this rezoning, the applicant has proffered to dedicate
the necessary right-of-way to construct Renaissance Drive and Prosperity Drive as outlined in the
Revenue Sharing Agreement in place for this development. The land use proposed in this application is
consistent with the goal of the Comprehensive Policy Plan and has addressed all of staffs concerns.
1`ollojUing the i-equiPed public hew -in , a Pecommen(lation 1'egaj-(Iing this l'ezoning application to
the Board of Supelvisors ivouh1 he appropriate. The applicant should he pl-epal'ed to a(lL'!/llllte
adlh-ess all concelns mised Gj; the Planning Conn ihslon.
0 •
Rezoning 1102-12 Renaissance Commercial Center
January 27, 2012
Page 2
This report is prepared by the Frederick Comity Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision oil this
application. It may also be useful to other intei,ested in this Toning matter'. Unr-esolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 02/15/12 Pending
Board of Supei-vison: 03/14/12 Pending
PROPOSAL: To rezone 8.9817 acres from the B3 (InciLtstrial 'I'i'ansition Business) District and 0.4989
acres from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from
the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with
proffers, for commercial use.
LOCATION: The properties are located on the west side of Valley Pike (Route II South),
approximately''/2 mile south of the Route 37 interchange near Interstate 81 Exit 310.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY Ill NUMBERS: 75-A-2C and 75-A-2R
PROPERTY ZONING: B3 (hldustrial Transition) and RA (Rural Areas) Districts
PRESENT USE: Vacant/Undeveloped
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B2 (Business General) District Use: Off -ice
B3 (Industrial Transition) District
Use:
Heavy Commercial
South: RA (Rural Areas) District
Use:
Church, Agricultural
B3 (Industrial Transition) District
Use:
Office
East: B2 (Business General) District
Use:
Office and Commercial
B3 (Industrial Transition) District
Use:
Heavy Commercial
Vilest: RA (Rural Areas) District
USE:
Agl'ICLIItLlral
M I (Light hldustrial) District
Use:
Undeveloped
Rezoning #02-12 Renaissance Commercial Center
January 27, 2012
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The dOCL1111ciltation within the application to l'e'/_O11C the SLIbjcct
property appears to have a measurable impact on Route 11. The route is the VDOT roadway which has
been considered as the access to the property. VDOT Is satisfied that the transportation proffcrs and
plats offered in the Renaissance Commercial Center rezoning application dated November 30, 2011
address transportation concerns associated with this request. Before development, this office will
require a complete set Of construction plans detailing entrance designs, drainage features, and traffic
flow data from the I.T.E. Trip Generation Mallllal, Seventh Edition for review. VDOT reserves the
right to comment on all right-of-way needs, including right-of-way dedications, traffic slgnalizatlon, and
off -site roadway improvcnients and drainage. Any work performed on the State's right-of-way must be
covered under a land use permit. This permit is issued by this off -ice and requires an inspection fee and
surety bond coverage.
Fire Marshal: Plans approved as submitted.
Public Works Department: The Public Works Department Supports the proposed rezoning ofparcels
975-A-2C and 75-A-2R as presented in Grccnway Engineering, Inc.'s rezoning application dated
December 16, 2011.
Sanitation Authority: There IS SLIfficient scwei- capacity and water capacity and pressure to serve this
site.
Service Authority: No comments.
Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it
will not impact operations at the Winchester Regional Airport.
Frederick County Attorney: Please see ulluched letter cicrled .Icmucny 3, 2012, .iron? Rocleriek B.
J+711iams, Counly Allorney.
Transportation: This letter Will serve as my comment on the Renaissance Commercial Centel'
Rezoning. I and satisfied that the transportation proffers contained in your application are sufficient to
aid in the improvement of the transportation IlCtWOI'I( Scl'vlllg the Subject property.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephens City, VA Quadrangle) depicts
the zoning for the two subject parcels as B2 (Business General) District.
Parcel 75-A-2C was historically zoned B2 and, therefore, there are no proffers associated with
this parcel. The portion of' parcel 75-A-2C that is currently zoned RA (Rural Areas) District
was originally part Of Parcel 74-A-71, which was historically zoned B2 (Business General)
Rezoning 1102-12 Renaissance Commercial Center
January 27, 2012
Page 4
District but was subsequently down -zoned to the RA (Rural Areas) District on May 10, 1989.
This area was adjusted into parcel 75-A-2C to accommodate the construction of Renaissance
Drive.
With Rezoning 911-98, Parcel 75-A-2R (75-A-2R was part of 75-A-2D when the site was
rezoned) was rezoned to the B3 (Industrial Transition) zoning district with proffers. The proffer
that pertains to this property was for the Il1tUre road connection that is covered by the Revenue
Sharing Agreement that is currently in place.
2) Comprehensive )(Policy Plan
The Prederick County Comprehensive Policy Plan is an official public document that serves as
the conlmLulity'S guide for making decisions regarding development, preservation, public
facilities and other key components of COr111ntlnity life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
co111positio11 Of policies used to plan I'Or the FLItUre physical development of Frederick County.
[2007 Comprehensive Policy Plum, p. 1-1]
Lawl Use.
The subject properties are within the limits of tlic Sewcr and Water Service Area (SWSA). The
Sewer and Water Service Area Mines the general area in which more intensive forms of
planned commercial and industrial dcvc1opment will occur. The properties are also within the
lirlitS of the Southern Frederick Land Use Plan. The plan shows this area with a business and
commercial land L1SC designation. The applicant is regUCSting a rezoning to the B2 (Business
General) and the 133 (Industrial Transition) Zoning Districts and, therefore, this requested
rezoning is in general conformance with the Comprelicnsive Policy Plan.
Site Access and Tmnsporlaliom.
The Eastern Road Plan of the Frederick County Comprehensive Policy Plan identifies a new
east -west major collector road running through this development which would connect Valley
Pike (Route 1 1) to Shady Elm Road. Prosperity Drive would also be extended from its current
terminus and would intersect with this new road. It Should be noted that a Master Development
Plan for the Renaissance Commercial Center was approved for this development on November
I I, 2007. The MDP provides for this roadway (Renaissance Drive) on the subject property
(from Valley Pike to the western limits ofthe developincrit) as well the CO1`1StrL1Ct1O11 Of two
lanes of Prosperity Drive that will intersect with Renaissance Drive.
It is also important to note that this (levelopment is also participating in a ReverILIC Sharing
Project to implement the proposed Renaissance Drive improvcments and the extension OI
Prosperity Drive to connect to Renaissance Drive. These improvements will allow for the
development of the first phase of this roadway (twO Of fOL11- future lanes for Renaissance Drive)
as well as a new Signalized intersection at Renaissance Drive and Valley Pike. The Applicant
has entered into a Revenue Sharing Agreement with Frederick County that provides
$1,001,000.00 of private investment to satisfy the local match for the Project. Frederick County
will manage this project.
Rezoning 1102-12 Renaissance Commercial Center
January 27, 2012
Page 5
3) Proffer Statement — Dated November 30, 2011 and revised on .lanuary 18, 2012.
A) Renaissance Drive Right -of -Way Dedication:
The Applicant has proffered to dedicate a variable width right-of-way to Frederick
County to allow 1101- the COI1Stl'LICt1011 of Renaissance Drive as described 111 the RCVCI1Lle
Sharing Agreement. The plat For this right-of-way shall be recorded within 30 clays Of
final rezoning approval.
The Applicant has proffered to dedicate an 80 foot right-of-way on a portion of parcel
75-A-2C to allow for the future extension of Renaissance Drive from the limits of the
project described in the Revenue Sharing Agreement to the CSX railroad right-of-way.
This right-of-way shall be provided at 110 Cost to the COUnty and shall be provided
within 90 days of written request.
B) Land Use Restrictions:
The Applicant has proffered that '['ruck Stops (SIC 5541) and Adult Retail shall be
prohibited on the subject properties.
C) Fire and Rescue Monetary Contribution:
The Applicant has proffered to provide $0.05 per square foot Of structural development
for all land uses on the subject properties.
STAFF CONCLUSIONS FOR THE 02/15/12 PLANNING COMMISSION MEETING:
This is an application to rezone a total of 1 1.1772 acres of land from the B3 (In(Iustrial Transition) and
RA (Rural Areas) Districts to the B2 (BL1Sincss General) and B3 (In(Iustrial Transition) Districts with
proffers to accommodate commercial uses. With this rezoning, the applicant has proffered to dedicate
the necessary right-of-way to construct Renaissance Drive and Prosperity Drive as outlined in the
Revenue Sharing Agreement in place for this development. The land use proposed in this application is
consistent with the goal of the Comprehensive Policy Plan and has addressed all of staffs concerns.
Folloiying the required public hearing, a reco1Jtmen(lation reg- 1P1/1J g this rezoning application to
the Board of Stlperyisors ivould be appropriate. r%ie applic(iiit shoiild he pl'Bpll/'ed to a(It it(tteIV
address all concerns raised by the Planning Commission.
•
•
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OREZ0212_RenaissanceCommercialCenter
Q Parcels
Q Building Footprints
B1 (Business. Neighborhood District) I
82 (Business. General Distrist) i
B3 (Business. Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District) )
M1 (Industrial. Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office " Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
(.t na
75A2C
q1A
�A6
75 A YM
75A2N 75A3
75A2D
75 A 2L
• ' 75A2E
75A2
(19
REZ#02-12
Renaissance
Commercial Center
PIN: 75 - A - 2C
75-A-2R
176,800 sq ft Commercial
0 75 150 300 Feet
Winchester
tAw
Note:
Frederick County Dept of
Planning Developments
107 N Kent
St
Suite 202
Winchester, VA 22601
540 - 665 - 5651
Map Created: Jon 25, 2012
Staff: cperkins
9 IR
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Starf`
Zoning Amendment Number
PC Hearing Date'. �!' l ✓ '
LI�
Fee Amount Paid $ A 16
Date Received % 6
BOS Hearing Date
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: Greenway Engineering. Inc.
Address: 151 Windy Hill Lane
Winchester, VA 22602
2. Property Owner (if different than above)
Name: Bowman -Shoemaker Companies, Inc. & Alizarin Crimson LLC
Address: Po sox 480
Stephens City, VA 22655
3. Contact person if other than above
Name: Evan Wyatt, AICP
Tel CpllOne: 540-662-4185
Tel ephotle: 540-869-1800
Telephone: 540-662-4185
4. Checklist: Check the following items that have been included with this application.
Location map X Agency Comments X
Plat X Fees X
Deed to property X Impact Analysis Statement x
Verification of taxes paid X Proffer Statement X
12
•
•
5. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Beverley B. Shoemaker - Bowman -Shoemaker Companies, Inc.
Beverley B. Shoemaker - Alizarin Crimson, LLC
6. A) Current Use of the Property: Commercial & Unimproved
B) Proposed Use of the Property: commercial
7. Adjoining Property:
PARCEL ID NUMBER USE ZONING
74-A-68; 74-A-71 Agricultural RA District
74-A-12 Church RA District
75-A-1 Unimproved M1 District
75-A-2H; 75-A-2Q Commercial B3 District
75-A-2; 75-A-2A; 75-A-2B Commercial & Unimproved B2 District
8. Location: The property is located at (give exact location based on nearest road and distance
fi-om nearest intersection, Using road names and route numbers):
West side of Valley Pike (US Route 11 South); approximately 112-mile south
of the Route 37 interchange near Interstate 81 Exit 310
13
•
9. The following information should be provided according to the type of rezoning
proposed:
Single Family homes:
Non -Residential Lots:
Office:
Retail:
Restaurant:
10. Signature:
Number of Units Proposed
Townhome:
Mobile Home:
Sauare Footage of Prowsed Uses
Multi -Family:
Hotel Rooms:
_ Service Station:
_ Manufacturing:
_ Warehousc:
Other:
176.800 sq.ft. commercial
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) till derstand that the sign issued when this application is submitted must be placed at
the front property line at least seven clays prior to the Planning Commission public hearing
and the Board of Supcivisors public hearing and maintained so as to be visible from the road
right-of-way until the licaring.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s): L"t (/ , Date: II 3o I
Date:
r
Owner(s): &I�OQ2, c�. Date:
Date:
14
ADJOINING PROPERTY OWNERS
Owners of propertyadjoining the land will be notified of the Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on cacti adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is localecl on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
NameSEE ATTACHED ADJOINING
PROPERTIES MAP EXHIBIT
TABLE
Property ttAND OWNER INFORMATION
Name
Property #
Name
Property 11
Name
Property 11
Name
Property 11
Name
Property It
Name
Property It
Name
Property t1
Name
Property 11
15
Renaissance Commercial Center (File 4613)
Tax Map Number
Owner
Address
City and State
ZIP
Acreage (GIS)
Zoning
Land Use
Deed Book
Page
Inst. Year
Inst. Number
74 A 68
CARBAUGH HENRY J TRUSTEE
831 SHADY ELM RD
WINCHESTER VA
22602
98.369106
RA
5
0
2007
157
74 A 71
BRIM STEPHEN D ETALS
254 W QUEEN ST
STRASBURG VA
22657
32.730557
RA
5
0
2009
123
75 A 1
VENTURE I OF WINCHESTER LLC
827 ARMISTEAD ST
WINCHESTER VA
22601
40.838258
M1
5
0
2006
24270
75 A 2
BOWMAN -SHOEMAKER COMPANIES INC
PO BOX 480
STEPHENS CITY VA
22655
7.680793
B2
4
0
2005
14247
75 A 2A
COMMONWEALTH OF VIRGINIA
PO BOX 2249
STAUNTON VA
24402
2.46005
B2
72
447
143
0
0
75 A 28
IALIZARIN CRIMSON LLC
PO BOX 480
ISTEPHENS CITY VA
122655,
3.138332
B2
4
0
2006
11096
75 A 2H
NEWLIN CARLTON R
2984 WARDENSVILLE GRADE
WINCHESTER VA
1226021
2.458651133
4
1974
1699
0
9218
75 A 2Q
PIPPIN ENTERPRISES LLC
164 MEADOW TRACE LN
MIDDLETOWN VA
1226451
1.784792
83
14
0
2003
113575
75 A 12
ICHURCH OF CHRIST OF C/O RARRIE HEISHMAN
4661 MIDDLE RD
IWINCHESTER VA
1226021
23.3646561
RA
174
1555
1774
10
10
Adjoining Properties Listing
0
Source: Frederick County GIS Department, October 2011 Data Page 1 of 1
Z
Renaissance Commerci�o Center oc
Rezoning - Adjoining Properties z
75 A 1
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Z
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LLegen �Q C) o W tr ti
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Parcels To Be Rezoned � Q w o
Feet Y D- r- L
Parcel Boundary Z Q LL N
Adjoining Properties � CO w w
9 P !y . 200 100 0 200 400
F Q
Map Data Source. Frederick County, Va GIS Department, August 2010 Data, Greenway Engineering
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning & Development, County o1' Frederick, Virginia,
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Facsimile 540-665-6395 Phone 540-665-5651
Know All Men By These Presents: That I (We
(Name) Bowman -Shoemaker Companies. Inc. (Phone) (540) 869-1800
(Address) P.O.Box 480 Stephens City, VA 22655
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
111sU'ument No. 1 10001988 on Page , and is described as
Parcel: 75 Lot: 2C Block: A Section: Subdivision:
do hereby make, constitute and appoint:
(Name) Creenway Engineering. Inc. (Phone) (540) 662-4185
(Address) 151 Windy Hill Lane Winchester VA 22602
To act as my true and lawful attorney -in -fact for and in Illy (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning application 1'01- my (our) above described
Property, including:
X Rezoning (Including proffers)
❑ Conditional Use Permit
❑ Master Development Plan (Preliminary and Final)
❑ Subdivision
❑ Site Plan
❑ Variance or Appeal
❑ Comprehensive Policy Plan Amendment
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
pi I1', hi. '-whorization shall expire one year from the clay it is signed, or until it is otherwise rescinded or
; U OF In wiuiess�hercof, I (we) have hereto set my (our) hand and seal this �"Pday off 2fl0 Z
State of Virginia, Cit) 'ounty )f IL�_-1 e leWl GTo-wit:
11,`AiycLL • Hchl 4 Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrument and who I (are) known to mc, personally appeared O X-c me and has
a n wledged the same/before me in the jurisdiction aforesaid this lq tit clay of L ,7A0L 201 2-
My Commission Expires: 2 Z
Notary Public Registration It: Z� O
Revised 3/17/08
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.Crederick.va.us
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Facsimile 540-665-6395 Phone 540-665-565I
Know All Men By These Presents: That I (We)
(Name) Alizarin Crimson, LLC (Phone) (540) 869-1800
(Address) P.O.Box 480 Stephens City, VA 22655
the owner(s) of all those tracts or parcels of land ("Property") conveyed to Ille (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 110001988 on Page and is described as
Parcel: 75 Lot: 2R Block: A Section: Subdivision:
do hereby slake, constitute and appoint:
(Name) Greenway Engineering. Inc. (Phone) (540) 662-4185
(Address) 151 Windy Hill Lane Winchester VA 22602
To act as Illy true and lawful attorney -in -fact for and in Illy (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning application for Illy (our) above described
Property, including:
X Rezoning (Including proffers)
❑ Conditional Use Permit
❑ Master Development Plan (Preliminary and Final)
❑ Subdivision
❑ Site Plan
❑ Variance or Appeal
❑ Comprehensive Policy Plan Amendment
�� L,.-4�+•attorney-in-fact shall have the authority to offer proffered conditions and to make anlenchnents to
J�' .•'r•pl l l; Jl� otj?ly approved proffered conditions except as follows:
U OF Thk nuthai'ization shall expire one year from the day it is signed, or until it is otherwise rescinded or
nlodified
)WOCA CIA
lTlzess thereof, i (we) have hereto set Illy (our) hand and seal this l Ct�11day of , 200-'2t�1,7�
'' � . ..... • Si �nature(s) � rAP 1(,1 � XJ�f1�1 �i'1'I(�,t"-OL�I ��TUn .
I -
State of Virginia, City 'oust f I' e&.�ll�;� , To -wit:
t dJotary Public in and for the jurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrunlent and who I (are) known to Ille, person fly appea ed le p me and has
ac lodged the same before me in the jurisdiction aforesaid this —� lay ol1 80• ��!Z
nr � v� 6 4d My Conlnlission Expires: Edo, 2-91, 2-6 1 Z
Notary Public Registration ff: Z q IOh
Revised 3/17/08
T.M. 75-A-2Q L.L.C.
plpplN ENTERPRISES,
INS0,30013575
T. N USE.. COMMERCIAL W
ZONE: B3
S 59'23'26 _ E - 368.54' 0
TAX PARCEL
75-A -2R r\
v
/1I101)r I1ATA
CURVE
DELTA ANGLE
RADIUS
ARC LENGTH
TANGENT
CHORD BEARING
CHORD LENGTH
Cl
06*51'06"
428.28'
51.22'
25.64'
N 69'26'18" E
51.19,
C2
27*3538"
330.00'
158.93'
81.04'
N 57'51'50" E
15Z40'
C3
82'5727"
25.00'
36.20'
22.10'
N 853245" E
33.12'
T.M. 75-A-2
BOWMAN -SHOEMAKER COMPANIES, INC.
INST. No. 050014247
SEE INST No. 070017367
1.69. ACRES (TOTAL) USE' COMMERCIAL ZONE: B2 USE. VACANT
o S ¢? `��,14 m ZONE: B3
S 5258'32" E - 1 082.42' (TOTAL)
: 265.29 108.31 '.' . .' .' .' .' .' .' .' ..... ... 708.82' ..... o T.M. 75-A-28
rq� 3 ALIZARIN CRIMSON, LLC
v . ; ' .. .' . • . . . . . . . . . INST No. 06
:278.04 : 182.28 0001096
8 2" W - 460.J2.. ' ( o ................................... ' CO 2
52'S ' (TOTAL) o. ..' .' .' .' .' .' ... .... h "c� USE. COMMERCIAL
IC3'...................................... A
.' .'.' ...' ,'.'.' .' .' oto S 52'01 '40" E 474. 77'
m .' .' .' .' ." ." ...' .' .' .. TAX PARCEL . --......... ..' .... .
z i z o ..' .' .' .' .' .' .' .' .' . 75-A -2C ........... • .....�
Q ti ti o... __...........•
h.'.' .' .' ...' .' .' .' .' ..' .' .. 9.4806 ACRES (TOTAL)..' .' ." .' .' .' .' .' .' .' .' .' 3 N 52'O 1 '40" W - 475. ' o
�� �ooW I R 00
Qo Q o° o f I p T.M. 75 A-2A
C 1 �..' ...' .' .' .' .' .' ....' .' .' .' .' .' ....' .' .' .' .' .' .' .' N COMMONWEALTH OF WRGINIA
................................................... N DIVISION OF MOTOR VEHICLES
Z I N DB 447 PG 815
~ 2 Q3 J ....'.''.'.'.'....'.'...'.'...'.'.'...'.'...'.'...'.'.'...'.'...'.'.'...'.'.....'....'.'. USZONE- 82
E. GOVERNMENT
= N 52707704" W - 837.84'-
ti
lINF /7ATA
LINE
BEARING
DISTANCE
L 1
N
38'03'26"
E
54.32'
L2
N
71'3939"
E
140.66'
L3
N
47'0523"
E
81.25'
L4
S
35'22'09"
W
75.00'
L5
N
47'0523"
E
47.99'
L6
N
4821 '56"
E
135.69'
L 7
S
44'0921 "
W
223.20'
L8
S
38'03'26"
W
80.01 '
T.M. 75 A-2H
CARLTON R. NEWLIN
DB 974 PG 1699
ZONE. B3
T.M. 75-A-12
TRUSTEES OF THE CHURCH OF CHRIST OF WINCHcSTER, VIRGINIA
DB 555 PG 774
ZONE: AA USE. CHURCH
CURRENT OWNER OF RECORD:
TAX PARCEL 75-A-2C = BOWMAN -SHOEMAKER COMPANIES, 1I1C.
SEE INST No. 110001988, 070017367,
050004465 & 050004466.
TAX PARCEL 75-A-2R = ALIZARIN CRIMSON, LLC
SEE INST. No. 110001988 & 060013844.
THE BOUNDARY INFORMATION SHOWN HEREON HAS BEEN PREPARED FROM
AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNLARY SURVEY
OF THE PARCELS OR ANY PORT70N OF THE BOUNDARY LINES.
RCL
o
J� i
QZSc
NOa
150 0 150
GRAPHIC SCALE
(IN FEET)
ZONING LEGEND
PORTION OF T.M. 75-A-2C = 8.9817 ACRES CURRENT ZONE: B3
PROPOSED ZONE: B2
E PORTION OF T.M. 75-A-2C = 0.4989 ACRE CURRENT ZONE. RA
PROPOSED ZONE: B2
In PORT70N OF T.M. 75-A-2R = 0.1439 ACRE CURRENT ZONE: RA
PROPOSED ZONE: B3
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DATE:
JAN.
18, 2012
SCALE: 1' - 150'
I DRAWN BY: RAE 1
I FILE NO. 4613 1
SHEET 1 OF 1
4�GK► COGS •
o'e o
d - AMENDMENT c�
Action:
PLANNING COMMISSION: February 15, 2012 - Recommended Approval
BOARD OF SUPERVISORS: March 14, 2012 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02-12 OF RENAISSANCE COMMERCIAL CENTER
WHEREAS, Rezoning #02-12 of Renaissance Commercial Center, submitted by Greenway
Engineering, to rezone 8.9817 acres from the B3 (Industrial Transition) District and 0.4989 acres from the
RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from the B3 District and
0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with proffers dated November
30, 2011 and revised on January 18, 2012, for commercial use, was considered. The properties are located
on the west side of Valley Pike (Route 11 South), approximately ''/z mile south of the Route 37 interchange
near Interstate 81 Exit 310 and are identified by Property Identification Numbers 75-A-2C and 75-A-2R in
the Back Creek Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on February 15, 2012;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 14, 2012; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED b, the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 8.9817 acres from the B3
(Industrial Transition Business) District and 0.4989 acres from the RA (Rural Areas) District to the B?
(General Business) District, and, 1.5527 acres trom the B3 District and 0.1439 acres from the RA
District to the B3 District, totaling 11.1772 acres, with proffers dated November 30. 2011 and revised
on January 18, 2012, for commercial use. The conditions voluntarily proffered in writing by the
applicant and the property owner are attached.
PDRESN 10-i2
E
•
This ordinance shall be in effect on the date of adoption.
Passed this 14th day of March, 2012 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton
Ross P. Spicer Aye Bill M. Ewing
Gene E. Fisher Aye Charles S. DeI-Iaven, Jr.
Christopher E. Collins Aye
A COPY ATTEST
0
C-)
Aye
Aye
Abstained
John R Riley, Jr.
Frederici County Administrator
VIRGIMA: FREDERICK COUNTY.SCF.
This instrument of writing was produced to me on
y-q -201 Z at Io:oI ayn
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1.802 of
SG(a.,_,., and 58.1-801 have been paid, if assessable.
PDRGSP10-12 4��'+! , Clerk
[ .I .,
Greemvay Engineering • November 30, 2011 • 1
Revised January 18, 2012
O
"U20003346 CD
RENAISSANCE COMMERCIAL CENTER
PROFFER STATEMENT
REZONING: RZ # /a -
Tax Parcel #75-((A))-2C: 8.9817± acres from the B-3 (Industrial
Transition) District to the B-2 (General Business) District, with proffers,
and 0.4989± acres from the RA (Rural Areas) to the B-2 (General
Business) District, with proffers
Tax Parcel #75-((A))-2R: 1.5.527± acres from the B-3 (Industrial
Transition) District to the B-3 (Industrial Transition) District, with
proffers, and 0.1439± acres from the RA (Rural Areas) to the B-3
(Industrial Transition) District, with proffers
PROPERTY: Tax Parcels #75-((A))-2C, and 75-((A))-2R,
(hereinafter the "Property")
RECORD OWNER: Bowman -Shoemaker Companies, Inc,, and Alizarin Crimson, LLC
APPLICANT: Bowman -Shoemaker Companies, Inc., and Alizarin Crimson, LLC
(hereinafter the "Applicant")
PROJECT NAME: Renaissance Commercial Center
ORIGINAL DATE
OF PROFFERS: November 30, 2011
REVISION DATE: January 18, 2012
Preliminary Matters
Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, 19.50, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application # b for the rezoning of 9,48±-acres
from the B-3 (Industrial Transition) District and the RA (Rural Areas) District to the B-2
(General Business) District and 1.69±-acres from the B-3 (Industrial Transition) District and the
RA (Rural Areas) District to the B-3 (Industrial Transition) District, development of the subject
property shall be done in conformity with the terms and conditions set forth herein, except to the
extent that such terms and conditions may be subsequently amended or revised by the Applicant
and such be approved by the Frederick County Board of Supervisors and their legal successors,
heirs, or assigns in accordance with the said Code and Zoning Ordinance. In the event that such
rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect
whatsoever. In the event the Board of Supervisors of Frederick County, Virginia, shall approve
Rezoning Application #C21-/a , these proffers shall be binding upon this Applicant and their
legal successors, heirs, of assigns,
Pile P14613 Rezoning Proffer statement
2
Greenway Engineering • November 30, 2011 •
Revised January 18, 2012
CD
C)
The Property, more particularly described as the land owned by Bowman -Shoemaker Companies, c
Inc., being all of Tax Map Parcel 75-((A))-2C, and further described by Instrument Numbers
110001988, and the land owned by Alizarin Crimson, LLC, being all of Tax Map Parcel 75-
((A))-21Z, and further described by Instrument Number 110001988. (Please refer to Rezoning
Application Deed Information).
PROFFER STATEMENT
A. Renaissance Drive Right -of -Way Dedication
The Applicant hereby proffers to dedicate a variable width right-of-way to
Frederick County to allow for the construction of Renaissance Drive as described
in the Revenue Sharing Agreement between the County of Frederick, Renaissance
Commercial Center, Inc., and Alizarin Crimson, LLC, a copy of which is attached
with this rezoniIg application. A variable width right -Of -way dedication plat is
provided as an exhibit with this rezoning application, which conforms to the filial
geometry design plan prepared by Greenway Engineering, Inc., with said right-of-
way being dedicated at no cost to Frederick County. The plat for this right-of-
way dedication will be recorded among the land records of' Frederick County
within 30 days of filial non -appealable rezoning approval by the Frederick County
Board of Supervisors.
2. The Applicant hereby proffers to dedicate a right-of-way that is 80 feet in width
on a portion of Tax Map parcel 75-((A))-2C to allow for the future extension Of
Renaissance Drive from the limits Of the prou
ject described in the Revenue Sharing
Agreement t0 the CSX railroad right -Of -way. This right -Of -Way dedication shall
be provided at no cost to Frederick County, and shall be provided to Frederick
County within 90 days of written request by the County.
B. Land Uses Restrictions
1. The Applicant hereby proffers to prohibit the following land uses on Tax Map
Parcel 75-((A))-2C and Tax Map Parcel 75-((A))-2R:
Truck Stops — SIC 5541
Adult Retail — No SIC
C. Fire and Rescue Monetary Contribution
The Applicant hereby proffers t0 provide a monetary contribution in the amouIlt
of $0.05 per square foot of structural development for all land uses within the
Property. This monetary contribution shall be provided to Frederick County for
fire and rescue purposes prior to the issuance of a certificate of Occupancy permit
for each building permit issued within the Property.
File #4613 Rezoning
Proffer Statement
Greenway Engineering November 30, 2011
Revised January 18, 2012
Proffer Statement Applicant Signatures
•
I
The conditions proffered above shall be binding upon the heirs, executors, administrators, assigngr:—
and successors in the interest of the Applicants and owners. In the event the Frederick County
Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions
shall apply to the land rezoned in addition to other requirements set forth in the Frederick County
Code.
Respectfully Submitted:
By: r' Date:
Bow an -Shoemaker Companies, Inc.
Commonwealth of Virginia,
City, ounDYO To Witte�
The foregoing instrument was acknowledged before me this of J O-VI JOLY
O ...''� Q'i i i; •. lP
;v OF
y,db'r,Ainission Expires Z- Zq"11Z
1,,,,,,,,,
Registration No.
By: 94Ll ij, d�t f.:Q7r ,LIL.
Alizarin Vrimson, LLC
Commonwealth of Virginia,
Notary Public
ZC b 10 (o
Date: - z/
City/ ounty f t- YI-e To Wit:
The foregoing instrument was acknowledged before me thiO66 of 3ayA 00-a" t
20JZ� by e�le�' le U Shoer vtG��c
vili�list, i
,
p.1 �tF
•U OF �•
• ,�'' 1 /W,A'd;r@ssion Expires 2- 261 I
C�,&a- 4 -TV1 L-4c�
Notary Public
Registration No.: 2—Cl (.0 I L to
File #4613 Rezoning Proffer Statement
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
THIS DEED OF STREET DEDICATION AND DEED OF EASEMENTS, made
and dated this aS14ay of ; 1 12012, by and between BOWMAN -SHOEMAKER
COMPANIES, INC., a Virginia Corporation, hereinafter referred to as "Bowman -
Shoemaker", ALIZARIN CRIMSON, LLC, a Virginia Limited Liability Company,
hereinafter referred to as "Alizarin", the COUNTY OF FREDERICK, VIRGINIA,
hereinafter referred to as "Frederick County", FREDERICK COUNTY SANITATION
AUTHORITY, a Virginia corporation organized and existing under the provisions of the
Virginia Water and Waste Authorities Act (§ 15.2-5100, ct seq., Code of Virginia, 1950 as
amended), hereinafter referred to as "FCSA", and WASIIINGTON GAS LIGHT
COMPANY, hereinafter referred to as "Gas Company".
RECITALS:
A. Bowman -Shoemaker is vested with fee simple title to that certain parcel of land,
lying and being situate in Back Creek Magisterial District, Frederick County, Virginia,
located on the Northwest side of Valley Pike (U. S. Route 11), containing 7.9548 acres, more
or less, as more particularly described on that certain plat titled "Boundary Survey Of The
Property Of Horton Investments, LLC" dated April 15, 2005, drawn by Mark D. Smith, L.S.,
which plat is attached to and made a part of that certain Deed dated April 20, 2005, of record
in the aforesaid Clerk's Office as Instrument No. 050014247 (Tax Map No. 75-A-2)
("Bowman -Shoemaker Parcel #1").
B. Bowman -Shoemaker is vested with fee simple title to that certain parcel of
land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia
located on the Northwest side of Valley Pike (U. S. Route 11), containing 9.4806 acres, more
or less, being more particularly described on that certain plat titled "Final Plat For Boundary
Line Adjustment Between The Lands Of Bowman -Shoemaker Companies, Inc., Alizarin
Crimson, LLC And Judith Brim Cates, et al" dated November 15, 2010, drawn by Richard A.
Edens, L.S. (the "BLA Plat"), which plat is attached to and made a part of that certain Deed
and Deed of Boundary Line Adjustments And Easement, dated February 10, 2011, of record
in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No.
0
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Michael L. Bryan
116 S. Braddock St.
Winchester, VA
110001988 (Tax Map No. 75-A-2C) ("Bowman -Shoemaker Parcel #2").
C. Alizarin is vested with fee simple title to that certain parcel of land, lying and
being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the
Northwest side of Valley Pike (U. S. Route 11), containing 2.8942 acres, more or less, as
more particularly described on that certain plat titled "Boundary Survey Of The Land Of
Valley Pike, L.L.C." dated November 21, 2005, drawn by Mark D. Smith, L.S., a copy of
which is attached to and made a part of that certain Deed dated January 12, 2006, of record in
the aforesaid Clerk's Office as Instrument No. 060001096 (Tax Map No. 75-A- 2B)
("Alizarin Parcel #1 ").
D. Alizarin is vested with fee simple title to that certain parcel of land, lying and
being situate in Back Creek Magisterial District, Frederick County, Virginia, situate on the
Western side of Prosperity Drive, containing 1.6927 acres, more or less, designated as Lot 10,
Kernstown Business Park, Section 1, as more fully set forth on the aforesaid BLA Plat (Tax
Map No. 75-A- 2R) ("Alizarin Parcel 02").
E. Alizarin has agreed to convey various parcels of land to Bowman -Shoemaker so
as to the adjust the respective boundaries of Bowman -Shoemaker Parcel #1, Bowman -
Shoemaker Parcel 112 and Alizarin Parcel 111. The boundary lines for Alizarin Parcel 111 shall
be vacated and portions of said Alizarin Parcel # 1 shall be off -conveyed as follows:
(i) Alizarin shall convey 0.0078 acre, more or less, to Bowman -Shoemaker,
which parcel shall become a part of Bowman -Shoemaker Parcel 111 (as hereinafter defined);
(ii) Alizarin shall convey 2.2646 acres, more or less, to Bowman -Shoemaker,
which parcel shall become a part of Bowman -Shoemaker Parcel 112 (as hereinafter defined);
and,
(iii) Alizarin shall dedicate 0.6218 acres, more or less, to Frederick County as a
part of Renaissance Drive (the "Alizarin Street Dedication Parcel').
F. Bowman -Shoemaker has agreed to dedicate a portion of Adjusted Bowman -
Shoemaker Parcel #1 (as hereinafter defined) and Adjusted Bowman -Shoemaker Parcel 112
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;Michael L. Bryan
116 S. Braddock St.
Winchester, VA
•
(as hereinafter defined), containing 1.9747 acres, more or less, to Frederick County as a part
of Renaissance Drive (the "Bowman -Shoemaker Street Dedication Parcel").
G. Alizarin and Bowman -Shoemaker have agreed to dedicate the Alizarin Street
Dedication Parcel and the Bowman -Shoemaker Street Dedication Parcel, containing in the
aggregate 2.5965 acres, more or less (the "Renaissance Drive Parcel") in order to provide
right of way, variable in width, for public street purposes, designated as "Renaissance Drive
Variable Width Strip Containing 2.5965 Acres Hereby Dedicated To Frederick County For
Public Street Purposes" on that certain plat titled "Final Plat For Lot Consolidation And
Right Of Way Dedication Of The Land Of BoNvman-Shoemaker Companies, Inc. And
Alizarin Crimson, LLC Renaissance Drive" dated December 2, 2011, revised April 10, 2012,
drawn by Richard A. Edens, L.S., a copy of which is attached hereto and incorporated herein
by reference as if set out in full (the "Street Dedication Plat"), as more fully set forth
hereinafter.
I -I. Bowman -Shoemaker and Alizarin have agreed to create and impress upon a
portion of Adjusted Bowman -Shoemaker Parcel III (as hereinafter defined), Adjusted
Bowman -Shoemaker Parcel 112 (as hereinafter defined), and Alizarin Parcel #2 those certain
permanent slope maintenance easements, a temporary construction casement, drainage
easement, ingress -egress easement, a gas casement, utility casement, sanitary sewer
easements and waterline easements (the "Easements"), as more fully set forth on the Street
Dedication Plat, as more fully set forth hereinafter.
I. Bowman -Shoemaker and FCSA have agreed to vacate a portion of that certain
existing permanent waterline easement in favor of FCSA previously created and impressed
by Deed of Easement dated October 29, 1988, of record in the aforesaid Clerk's Office in
Deed Book 696, at Page 603 (the "Vacated Waterline Easement"), as more fully set forth
on the Street Dedication Plat.
NONV, THEREFORE, WITNESSETI-I: That for and in consideration of the
premises conveyed, and other good and valuable considered deemed adequate at law, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
3
u
,Michacl L. Bryan
116 S. Braddock St.
Winchcstcr, VA
I . RECITALS: The Recitals arc incorporated herein and made a material part
hereof as if set out in full.
2. RENAISSANCE DRIVE DEDICATION: Bowman -Shoemaker and
Alizarin hereby dedicate and convey the Renaissance Drive Parcel, containing 2.5965 acres,
more or less, unto Frederick County for future public street purposes, as more particularly
described on the attached Street Dedication Plat. Bowman -Shoemaker and Alizarin hereby
acknowledge and agree that Frederick County may hereafter dedicate and convey the
Renaissance Drive Parcel to the Virginia Department of Transportation.
3. BOUNDARY LINE ADJUSTMENTS:
(a) Alizarin hereby grants and conveys with general warranty and English
covenants of title unto Bowman -Shoemaker, in fee simple, that certain lot or parcel of land
containing 0.0078 acre, more or less, which parcel shall be merged into and made a part of
Bowman -Shoemaker Parcel #1, in order to create that certain parcel of land containing
7.3310 acres, more or less, designated as "Adjusted Tax Parcel 75-A-2" on the attached
Street Dedication Plat ("Adjusted Bownian-Shoemaker Parcel #I "). This conveyance is
made subject to all easements, rights of way and restrictions of record affecting the subject
property; provided, however, that the foregoing shall not be deemed in any way to reinstitute
or republish any restrictions of record that may have expired or lapsed.
(b) Alizarin hereby grants and conveys with general warranty and English
covenants of title unto Bowman -Shoemaker, in fee simple, that certain lot or parcel of land
containing 2.2646 acres, more or less, which parcel shall be merged into and made a part of
Bowman -Shoemaker Parcel Q, in order to create that certain parcel of land containing
10.4021 acres, more or less, designated as "Adjusted Tax Parcel 75-A-2C" on the attached
Street Dedication Plat ("Adjusted Bowman -Shoemaker Parcel 112"). This conveyance is
made subject to all easements, rights of way and restrictions of record affecting the subject
property; provided, however, that the foregoing shall not be deemed in any way to reinstitute
or republish any restrictions of record that may have expired or lapsed.
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Michael L. Bryan
116 S. Braddock St.
Winchester, VA
4. BOWMAN -SHOEMAKER EASEMENTS:
(a) Bowman -Shoemaker hereby creates and impresses the following
Easements upon a portion of Adjusted Bowman -Shoemaker Parcel 111 and Adjusted
Bowman -Shoemaker Parcel 112:
(i) Those certain waterline easements, 20' in width, designated as "20'
Waterline Easement See Sheet 7 For Detail" and "DOT -Shaded Area Denotes A 20,
Waterline Easement Hereby Dedicated" over a portion of Adjusted Bowman-Slioemakcr
Parcel 111 and Adjusted Bownnan-Shoemaker Parcel 112 as set forth on the attached Street
Dedication Plat (the "Waterline Easements"). The Waterline Easements shall include a
temporary construction easement, 10 feet in width, immediately adjacent to the easement
areas designated as "DOT -Shaded Area Denotes A 20' Waterline Easement Hereby
Dedicated" on the attached Street Dedication Plat. Bowman -Shoemaker hereby conveys the
Waterline Easements unto FCSA. The Waterline Easements shall be exclusive, perpetual,
appurtenant and permanent easements or rights of way which shall run with the title to
Adjusted Bowman -Shoemaker Parcel # 1 and Adjusted Bowman -Shoemaker Parcel 112 for the
benefit of FCSA, its successors and assigns. The Waterline Easements shall be subject to
those certain terms and conditions set forth on Exhibit "A" attached hereto and incorporated
herein by reference as if set out in full.
(ii) Those certain sanitary sewer easements, designated as "DOT -Shaded
Area Denotes A 20' Sanitary Sewer Easement Hereby Dedicated" and that certain "DOT -
Shaded Area Denotes A Variable Width Sanitary Sewer Easement Hereby Dedicated" on the
attached Street Dedication Plat (the "Sanitary Scwer Easements"). The Sanitary Sewer
Easements shall include a temporary construction easement, 10' in feet, immediately
adjacent to the easement areas designated as "DOT -Shaded Area Denotes A 20' Sanitary
Sewer Easement Hereby Dedicated" and that certain "DOT -Shaded Area Denotes A Variable
Width Sanitary Sewer Easement Hereby Dedicated" on the attached Street Dedication
Plat. Bowman -Shoemaker hereby conveys the Sanitary Sewer Easements unto FCSA. "file
Sanitary Sewer Easements shall be exclusive, perpetual, appurtenant and permanent
5
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Michael L. Brl•nn
116 S. Braddock St.
Winchester, VA
easements or rights of way which shall run with the title to the Adjusted Bowman -Shoemaker
Parcel Ill and Adjusted Bowman -Shoemaker Parcel 112 for the benefit of FCSA, its
successors and assigns. The Sanitary Sewer Easements shall be subject to those certain terms
and conditions set forth oil Exhibit "B" attached hereto and incorporated herein by reference
as if set out ill full.
(iii) Those certain temporary construction and permanent slope
maintenance, drainage and ingress -egress easements, designated as "10' Temporary
Construction And Permanent Slope Maintenance, Drainage And Ingress -Egress Easement
1-Iereby Dedicated" on the attached Street Dedication Plat. Bowman -Shoemaker hereby
grants and conveys the aforesaid easements onto Frederick County and its successors and
assigns, which easements shall be non-exclusive, perpetual, appurtenant and permanent
easements or rights of way which shall run with the title to the Adjusted Bowman -Shoemaker
Parcel 91 and Adjusted Bowman -Shoemaker Parcel 1/2 for the benefit of Frederick County,
its successors and assigns.
(iv) That certain gas easement designated as "Hatched Area Denotes A 20'
Easement Hereby Established" over a portion of Adjusted Bowman -Shoemaker Parcel III
set forth on the attached Street Dedication plat (the "Gas Easement"). Bowman -
hereby conveys the Gas Easement unto the Gas Company for purposes of laying,
nstructing, maintaining, operating, removing, replacing, altering, extending, repairing and
or decreasing in size a gas pipe line or pipes lines, service pipes, valves, regulators
accessory equipment (tile "Equipment") in, through and across a portion of Adjusted
hoemaker Parcel #1. The Gas Easement shall be a non-exclusive, perpetual,
and permanent easement or right of way which shall run with the title to Adjusted
hoemaker Parcel #1 for the benefit of the Gas Company. The Gas Easement shall
subject to those certain terms and conditions set forth on Exhibit "C" attached hereto and
herein by reference as if set out in frill.
(v) Those certain variable width permanent slope maintenance
designated as "DOT -Shaded Area Denotes A Variable Width, Permanent Slope
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Michael L. Bryan
116 S. Braddock St.
Winchester, VA
\4aintenance Easement Hereby Dedicated" on the attached Street Dedication Plat. Bowman-
hoemaker hereby grants and conveys the aforesaid easements unto Frederick County and its
successors and assigns, which easements shall be non-exclusive, pclpetual, appurtenant and
ermanent easements or rights of way which shall run with the title to Adjusted Bowman-
hoemaker Parcel Ill and Adjusted Bowman -Shoemaker Parcel 112 for the benefit of Frederick
ounty, its successors and assigns.
5. ALIZARIN EASEMENTS: Alizarin hereby creates and impresses that
,ertain variable width permanent slope maintenance easement upon a portion of Alizarin
arcel 92, designated as "DOT -Shaded Area Denotes A Variable Width, Permanent Slope
Qaintenance Easements Hereby Dedicated" on the attached Street Dedication Plat. Alizarin
iereby grants and conveys the aforesaid easement unto Frederick County and its successors
ind assigns, which easement shall be a non-exclusive, perpetual, appurtenant and permanent
-asement or right of way which shall run with the title to Alizarin Parcel 112 for the benefit of
crick County, its successors and assigns.
6. PERPETUAL EASEMENTS: The Easements created and impressed hereby
be perpetual, appurtenant and permanent easements or rights of way which rum with the
title to Adjusted Bowman -Shoemaker Parcel 111, Adjusted Bowman -Shoemaker Parcel 112 and
izarin Parcel #2.
7. VACATION Or PORTION Or WATERLINE EASEMENT: Bowman-
hoemaker and FCSA hereby vacate a portion of the existing Vacated Waterline Easement,
as "Hatched Portions of Existing Waterline Easement Per DB 696 PG 603 Hereby
acated" on the attached Street Dedication Plat.
8. FREDERICK COUNTY CONSENT:
(a) Frederick County consents to the dedication of the Street Dedication Parcel
Bowman -Shoemaker and the creation of the Bowman -Shoemaker Easements as set forth in
ion 4, above, as evidenced by its execution of the attached Plat.
(b) Frederick County consents to the dedication of the Alizarin Street
ion Parcel by Alizarin and the creation of the Alizarin Easements as set forth in
7
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
5, above, as evidenced by its execution of the attached Plat.
9. RETAINED USE:
(a) Subject to the provisions of Exhibit "A", Exhibit "B" and Exhibit "C",
aker hereby expressly retains the use of those portions of Adjusted Bowman-
aker Parcel III and Adjusted Bowman -Shoemaker Parcel #2 subject to the Easements
n such manner as will not interfere with the purposes for which the Easements are created and
mpressed hereby.
(b) Alizarin hereby expressly retains the use of that portion of Alizarin Parcel
subject to the Easements in such manner as will not interfere with the purposes for which
Easements are created and impressed hereby.
10. SUCCESSORS AND ASSIGNS: The terns of this Deed of Street
Jication and Deed of Easements shall extend to and be binding upon the successors and
igns of the respective parties hereto.
WITNESS the following signatures and seals:
BOWMAN -SHOEMAKER COMPANIES, INC.
By: I I I I A 11 J A, 6 JJjti L,",_Aa), (SEAL)
Beverley B 'hoemaker, President
ATE OF VIRGINIA,
rY/C-G,,: �' OF i n(,K,-A. '
The foregoing instrument was acknowledged before me on the p0 Cray of
1 2012, by Beverley B. Shoemaker, President of Bowman -Shoemaker
hies, Inc., a Virginia Corporation. '
My Commission expires: 1 I Jal) )`
%"I\J we1ti<�';
Z;• tPV6Uc 8•••
C� .• � Fy,P\FED :•�
'•, /� S�'
8
NOTARY PUBLIC
•
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ALIZARIN CRIMSON, LLC
By: 1 �, (SEAL)
Beverley Shoemaker, Manager
;TATE OF VIRGINIA ,, .p�
:ITY/E@t�Y OF L i n4t,c�i
The foregoing instrument was acknowledged before me on the 0111,1day of
t2012, by Beverley B. Shoemaker, Manager of Alizarin Crimson, LLC, a
Virginia Limited Liability Company. l
My Commission expires: 31 I) L
• ' ���y X NOT RY PUBLIC
ec
::a-:
FREDERICK COUNTY SANITATION
or�1�E�
AUTHORITY
By:fj (SEAL)
'TATE OF t RGINIA,
,ITY/ OUNT of +rPfi r ICE
IVl
The foregoing instrument was acknowledged before me on the % day of
2012, by�JL1 .li��el who is { l Y r br
jj
J>f Frederick County Sanitation Authority.
My Commission expires: si
TASHEMALONG NOTARY IIUBLV06r
NOTARY PUBLIC
REGISTRATION N 7265287
COMMONWEALTH OFVIRGINIA
MY COMMISSION EXPIRES
AUGUST 31, 2013
Michael L. Bryan
116 S. Braddock St.
\Vinchester, VA
ED
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Michael L. Bryan
116 S. Braddock St.
Winchester, VA
EXIIII3IT "A"
The Waterline Easements granted to FCSA herein shall be subject to the following
s and conditions:
1. The Waterline Easements shall be exclusive, permanent and perpetual waterline
s of way and easements 20 feet in width, and shall include a temporary construction
nent 10 feet in width immediately adjacent thereto.
2. The Waterline Easements granted herein shall convey unto FCSA the perpetual and
lanent right to construct, install, lay, maintain, repair, add to, alter, replace, extend and
ate present or future underground water lines and water mains, including manholes, fire
ants, valves, meters, building service connections and lines, and all other appurtenant
ities necessary for the transmission and distribution of water through, upon and across a
on of Adjusted Bowman -Shoemaker Parcel Il ] and Adjusted Bowman -Shoemaker Parcel
as shown on the Street Dedication Plat, and includes the fight to go on, over and upon said
ine Easements for the purpose of installing, laying, maintaining, repairing and replacing
same as needed.
3. The temporary construction easement granted to FCSA herein shall include the
ght to enter upon Adjusted Bowman -Shoemaker Parcel III and Adjusted Bowman -
Parcel 112 to the extent necessary for and during the original construction,
installation and laying of said water lines and water mains. Said temporary construction
to expire and to become null and void upon completion of construction of said water
�ines and water mains and the acceptance thereof by FCSA.
4. The Waterline Easements granted to FCSA herein are subject to the following
ghts and conditions:
(i) All water lines, water mains and appurtenant facilities which are installed in the
t and perpetual Waterline Easements shall be and remain the property of FSCA, its
and assigns.
(ii) FCSA and its agents shall have full and free use of said Waterline Easements
the purposes named herein, and shall have all rights and privileges reasonably necessary to
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the exercise of the Waterline Basements. In the event FCSA is unable reasonably to exercise
the right of ingress and egress over the Waterline Easements (including the temporary
construction easements) FCSA shall have the right of ingress and egress over the land of
Bowman -Shoemaker adjacent to the Waterline Easements in order to access the Waterline
; provided, however, that this right to use such adjoining land shall be exercised
during periods of actual construction or maintenance, and further, this right shall not be
to allow FCSA to erect any building, structure or facilities on such adjoining land.
(iii) FCSA shall have the right to trim, cut and remove trees, shrubbery, fences,
or other obstructions of facilities in or near the easements being conveyed deemed
FCSA to interfere with the proper and efficient construction, operation and maintenance of
water lines, water mains and appurtenant facilities; provided, however, that FCSA, at its
expenses, shall restore, as nearly as possible, to their original condition all land or
rises included within or adjoining said Waterline Easements which are disturbed in any
ner by the construction, operation and maintenance of said water lines, water mains and
facilities. Such restoration shall include the backfilling of trenches and the re-
ing of lawns or pasture areas, but shall not include the replacement of structures, fences,
shrubbery and other facilities located within the area of the Waterline Easements.
(iv) Bowman -Shoemaker shall retain the right to use its land which is subject to
le Waterline Easements conveyed herein in any manner which shall not interfere with the use
id enjoyment of said easement rights by FCSA. Bowman -Shoemaker shall all times have the
ght to cross over and upon said Waterline Easements and to use the surface over the said
laterline Easements in such a manner as will neither injure nor interfere with the
on, operation or maintenance of the water lines and water mains except that no
or other permanent or temporary structure shall be erected over said permanent and
al Waterline Basements.
Michael L. Bryan
116 S. Braddock St.
winchesler, VA
11
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CAI
EXHIBIT "B"
The Sanitary Sewer Easements granted to FCSA herein shall be subject to the
ollowing ternis and conditions:
1. The Sanitary Sewer Easements shall be exclusive, permanent and perpetual sanitary
rights of way and easements 20 feet in width, and shall include a temporary construction
ent 10 feet in width immediately adjacent thereto.
2. The Sanitary Sewer Easements granted herein shall convey unto FCSA the
rent and perpetual right to construct, install, lay, maintain, repair, add to, alter, replace,
and operate present or future underground sanitary sewer lines, including building
;tion lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary
the collection of sanitary sewage and its transmission through, upon and across a portion of
Ijusted Bowman -Shoemaker Parcel III and Adjusted Bowman -Shoemaker Parcel II2 as
khown on the Street Dedication Plat, and includes the right to go on, over and upon said
tar), Sewer Easements for the purpose of installing, laying, maintaining, repairing and
icing the same as needed.
3. The temporary construction easement granted to FCSA herein shall include the
to enter upon Adjusted Bowman -Shoemaker Parcel III and Adjusted Bowman -
Shoemaker Parcel 112 to the extent necessary for and during the original construction,
stallation and laying of said sanitary sewer lines. Said temporary construction easement to
and to become null and void upon completion of construction of said sewer lines
the acceptance thereof by FCSA.
4. The Sanitary Sewer Easements granted to FCSA herein are subject to the following
rights and conditions:
(i) All sanitary sewer lines and appurtenant facilities which are installed in the
and perpetual Sanitary Sewer Easements shall be and remain the property of FSCA,
successors and assigns.
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
!1
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Michael L. Bryan
116 S. Braddock St.
Winchester, VA
(ii) FCSA and its agents shall have full and free use of said Sanitary Sewer
Easements for the purposes named herein, and shall have all rights and privileges reasonably
necessary to the exercise of the Sanitary Sewer Easements. In the event FCSA is unable
reasonably to exercise the right of ingress and egress over the Sanitary Sewer Easemcnts
(including the temporary construction easement) FCSA shall have the right of ingress and
egress over the land of Bowman -Shoemaker adjacent to such Sanitary Sewer Easements in
order to access the Sanitary Sewer Easements; provided, however, that this right to use such
adjoining land shall be exercised only during periods of actual construction or maintenance,
and further, this right shall not be construed to allow FCSA to erect any building, structure or
facilities on such adjoining land.
(iii) FCSA shall have the right to trim, cut and remove trees, shrubbery, fences,
structures or other obstructions of facilities in or near the casements being conveyed deemed
by FCSA to interfere with the proper and efficient construction, operation and maintenance of
said sanitary sewer lines and appurtenant facilities; provided, however, that FCSA, at its own
expenses, shall restore, as nearly as possible, to their original condition all land or premises
included within or adjoining said Sanitary Sewer Easements which are disturbed in any
manner by the construction, operation and maintenance of said sewer lines and appurtenant
facilities. Such restoration shall include the backfilling of trenches and the re -seeding of
lawns or pasture areas, but shall not include the replacement of structures, fences, trees,
and other facilities located within the area of the Sanitary Sewer Easements.
(iv) Bowman -Shoemaker shall retain the right to use its land which is subject to
the Sanitary Sewer Easements conveyed herein in any manner which shall not interfere with
the use and enjoyment of said easement rights by FCSA. Bowman -Shoemaker shall all times
have the right to cross over and upon said Sanitary Sewer Easements and to use the surface
over the said Sanitary Sewer Easements in such a manner as will neither injure nor interfere
with the construction, operation or maintenance of the sanitary sewer lines except that no
building or other permanent or temporary structure shall be erected over said permanent and
perpetual Sanitary Sewer Easements.
13
Michael L. Bryan
16 S. Braddock St.
Winchester, VA
EXHIBIT «C„
The Gas Easement granted to the Gas Company as set forth hcrein shall be subject to
the following terms and conditions:
1. The Equipment shall be and remain the property of the Gas Company.
2. The Gas Company and its agents shall have full and free use of the Gas Easement
for the purposes named, including the right of access to and from the Gas Easement; and, in
addition, the Gas Company shall have the right during the period of original construction of
the Gas Equipment, to use additional space, as needed, for construction use only.
3. The gas pipeline and service pipes shall be installed below cultivation and
and accessory equipment may be above the surface. Bowman -Shoemaker reserves
e right to construct and maintain private roadways and fences over the Gas Easement and to
ake any use of the Gas Easement herein granted not inconsistent with the rights herein
inveyed to the Gas Company or with the use of the Gas Easement by the Gas Company for
e purposes named. Uses inconsistent with the Gas Easement include, but are not limited to,
e erection of any building or other structure within the Gas Easement, the making of a fill or
excavation on the Gas Easement, or the inundation of the Gas Easement, without written
of the Gas Company.
4. The Gas Company shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions of facilities in the Gas Easement deemed by the Gas
y to interfere xvith the proper and efficient use of the Gas Lasement for the purposes
; provided, however, the Gas Company at its own expense shall restore, as nearly as
ble, the property to its original condition, including the backfilling of trenches, the
acement of fences, and the reseeding of lawns or pasture areas, but not the replacement of
trees, or other obstructions.
5. Bowman -Shoemaker warrants generally the Gas Easement and will execute such
Further assurances thereof as the Gas Company may request.
6. The Gas Company shall pay Bowman -Shoemaker actual damages that may arise
the original construction, maintenance, replacement, operation and removal of the
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Equipment.
NOTICE TO LANDOWNER: You are conveying rights to a public service
corporation. A public service corporation may have the right to obtain some or all of these
rights through exercise of eminent domain. To the extent that any of the rights being
conveyed are not subject to eminent domain, you have the right to choose not to convey those
rights and you could not be compelled to do so. You have the right to negotiate compensation
for any rights that you are voluntarily conveying.
ITI-IIS INSTRUMENT PREPARED BY:
Michael L. Bryan, Esquire
116 South Braddock Street
Winchester, Virginia 22601
540/545-4130
DecdSTcnaissance Sum Dedication
425/12
Michael L. Brvan
16 S. Braddock St.
Winchester, VA
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FINAL PLAT FOR LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION
OF THE LAND OF BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
DECEMBER 2, 2011 REVISED. APRIL 10, 2012
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SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS LOT CONSOLIDATION AND RIGHT OF
WAY DEDICATION SURVEY IS (i) ALL OF THE LAND CONVEYED TO JASBO, INC. BY DEED DATED
APRIL 20, 2005 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS
INSTRUMENT No. 050014247 (THE SAID JASBO, INC. HAVING SINCE CHANGED THE NAME OF THE
CORPORATION TO BOWMAN —SHOEMAKER COMPANIES, INC., AS EVIDENCED BY A CERTIFICATE OF
CHANGE OF NAME DATED NOVEMBER 7, 2007 OF RECORD IN SAID CLERK'S OFFICE AS
INSTRUMENT No. 070017J67), (ii) ALL OF THE LAND CONVEYED TO AL12ARIN CRIMSON, LLC BY
DEED DATED JANUARY 12, 2006 OF RECORD 1N SAID CLERKS OFFICE AS INSTRUMENT No.
060001096, (iii ALL OF "ADJUSTED TAX PARCEL 75—A-2C" AS ESTABLISHED BY DEED AND
DEED OF BOUNDARY LINE ADJUSTMENTS AND EASEMENT DATED FEBRUARY 10, 2011 OF RECORD
IN SAID CLERK'S OFFICE AS INSTRUMENT No. 110001988, BEING ALL OF THE LAND CONVEYED
TO BOWMAN —SHOEMAKER COMPANIES, INC. BY THE AFORESAID DEED AND ALL OF THE REMAINING
LAND CONVEYED TO JASBO, INC. (NOW KNOWN AS BOWMAN —SHOEMAKER COMPANIES, INC., AS
NOTED ABOVE) BY TWO DEEDS, BOTH DATED MARCH 2, 2005, OF RECORD IN SAID CLERK'S
OFFICE AS INSTRUMENTS No. 050004465 AND 050004466, AND (iv) ALL OF `ADJUSTED TAX
PARCEL 75—A-2R" AS ESTABLISHED BY DEED AND DEED OF BOUNDARY LINE ADJUSTMENTS AND
EASEMENT DATED FEBRUARY 10, 2011 OF RECORD IN SAID CLERK'S OFFICE AS INSTRUMENT No.
110001988, BEING ALL OF THE LAND CONVEYED TO ALIZARIN
CRIMSON, LLC BY THE AFORESAID DEED AND BY DEED DATED
JULY 18, 2006 OF RECORD IN SAID CLERK'S OFFICE AS
INSTRUMENT No. 06001J844. RICHARD A. EDENS, L.S.
NOTE: PARENT TAX PARCEL IDENTIFICATION
(i) T.M. 75—A-2 Z9548 ACRES
ZONE: 82
USE: VACANT
(li) T.H. 75—A-2B 2.8942 ACRES
ZONE. B2
USE: COMMERCIAL
(iii) T.M. 75—A-2C 9.4806 ACRES
ZONE.' B2
USE. VACANT
(iv) T.H. 75—A-2R 1.6927 ACRES
ZONE: BJ
USE: VACANT
APPROVALS:
,/vc,i
ALTH OF
FRE COUN IIATION THORITY
DATE
6MCCK
Vl GINM D ARTMENT OF TRANSPORTATION
D�
o RICHARD A. EDENS
Z ex&�eiz
Lic. No. 2550
EDERICK COUN& SUBDIVISION ADMINISTRATOR
DATE
q�d
GREENWAY ENGINEERING,
mc./t,*N
SURv�'�o
151 Windy Hill Lane
11-1142 Engineers Winchester Virginia 22602
Surveyors Telephone: (540) 662-4185
461E SHEET 1 OF 9
FAX: (540) 722-9528
ESMT 11-14
rounded in 1971 www.greenwayeng•coni
Z
OWNERS CERTIFICATE mr
THE ABOVE AND FOREGOING LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION OF THE
LANDS OF BOWMAN —SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC, AS APPEARS
ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE
DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY.
BOWMAN —SHOEMAKER COMPANIES INC. ALIZARIN CRIMSON,
LLC
BY. A110 . BY �a r lain•
�
IIEVER�ft B. SHOEMAKER, PRESIDENT BEVERLLY B.
SHOEMAKER, MAPAGER
COMMONWEALTH OF VIRGINIA
'I Z_ 'NOTARY ' • ��� :!
2 Pueuc
CITY / EBUNTY OF C(�i nc hea TO WIT.'
_
:
_ -k ; REG. 1t138nne '. * "
THE FOREGOING OWNERS CERTIFICATE W S ACKNOWLEDGED
- MY cornrnlsslorl a
EXPIRES ,�
BEFORE ME THIS Qb & DAY OF 20,)
�'•
: 2i •. � ��
BY B. SHOEMAKER, S S O B MA —S O A
R _�' �� WEALTH ��,`
LII \
COMPANIES, INC, AND A I A CRI SON LLC.
'W ,.
MY COMMISSION EXPIRES 31 20 1 `1 .IL
REGISTRATION No. 13 9'49
NOTARY PUBLIC
AREA TABULA
TAX PARCEL 75—A-2
Lp
o DENOTES 1/2" IRON REBAR &
EXISTING AREA OF T.M. 75—A-2 =
Z9548 ACRES
CAP SET (UNLESS OTHERWISE
NOTED)
LESS RENAISSANCE DRIVE _
— 0.6316 ACRES
PLUS PORTION OF T.M. 75—A-2B =
+ 0.0078 ACRE
o IRF = 1/2" IRON REBAR FOUND
(UNLESS OTHERWISE NOTED)
ADJUSTED AREA OF T.M. 75—A-2 =
ZJJ10 ACRES
= OVERHEAD UTILITY WIRES
TAX PARCEL 75—A-2B
X— = FENCE LINE
EXISTING AREA OF T.M. 75—A-2B =
2.8942 ACRES
BRL = BUILDING RESTRICTION LINE
PER ZONING ORDINANCE
LESS RENAISSANCE DRIVE _
— 0.6218 ACRES
• CO =SANITARY SEWER CLFANOUT
LESS PORTION TO T.M. 75—A-2 =
— 0.0078 ACRE
FH = FIRE HYDRANT
LESS PORTION TO T.M. 75—A-2C =
— 2.2646 ACRES
GM = GAS LINE MARKER POST
REMAINING AREA OF T.M. 75—A-2B =
0.0000 ACRES
GV = GAS VALVE
0 MH = SANITARY SEWER MANHOLE
TAX PARCEL 75—A-2C
o NFP = NAIL FOUND IN POST
EXISTING AREA OF T.M. 75—A-2C =
9.4806 ACRES
o PP = POWER/TELEPHONE POLE
LESS RENAISSANCE DRIVE _
— 1.3431 ACRES
SD = SATELLITE DISH ANTENNA
PLUS PORTION OF T.M. 75—A-2B =
+ 2.2646 ACRES
. SP = SUMP PUMP
ADJUSTED ARE4 OF T.M. 75—A-2C =
10.4021 ACRES
o SS = SEPTIC SYSTEM STRUCTURE
SV = SPRINKLER VALVE
RENAISSANCE DRIVE RIGHT OF WAY DEDICATION
TR = TRANSFORMER CABINET
PORTION OF T.M. 75—A-2 =
0.6316 ACRE
" TP = TELEPHONE PEDESTAL
PORTION OF T.M. 75—A-2B =
+ 0.6218 ACRE
o WM = WATER METER
PORTION OF T.M. 75—A-2C =
+ 1.3431 ACRES
WV = WATER VALVE
TOTAL AREA OF DEDICATION =
2.5965 ACRES
YH = YARD HYDRANT
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN —SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIN14
SCALE: N/A I DATE: DECEMBER 2, 2011
GREENWAY ENGINEERING, mc.
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX: (540) 722-9528
Founded in 1971 wwtv.greenwayeng.com
2012
l
RICMD A. EDENS a
Lic. No. 2550
14613 SHEET 2 OF 9
I
I
ARC = 97.76' 1 1I I
20' WATERLINE EASEMENTS
SEE SHEET 7 FOR DETAIL y5j'
� T-
20' 1S.9Tfj�UNf �/:.
D19 696 PG
Y.. .
DOT -SHADED AREA
DENOTES A VARIABLE f'•.::.
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SLOPE MAINTENANCE
EASEMENT HEREBY L5 key'
DEDICATED.
C4 �I
o
^h
EXISTING LOT LINES
/�- HEREBY VACATED I
/ ADJUSTED
TAX PARCEL 75-A-2C
SEE SHEET 6
MATCH TO
�/
TR h
;"Y ►�
H •:..
GI I
YH
/SD '.'.:.'•:::1�
WV 40.00'
WM I
PPS V
I
10' TEMPORARY
CONSTRUC77ON AND
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MAINTENANCE, D24IN4GE
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EASEMENT HEREBY I
DEDICATED.
0.0
L 10, —6-.16.00,
Og 6 SP S6 )fNT PP 8'M
SEE SHEET 8 FOR DETAIL
OF SANITARY SEWER
__�)
EASEMENTS ALSO DEDICATED
ALONG THIS SEGMENT
T.M. 75-A-2H /
CARLTON R. NEWLIN
OB 974 PG 1699
ZONE. BJ USE- COMM.
14
20' WATERLINE EASEMENT
SEE SHEET 7 FOR DETAIL `
HATCHED AREA DENOTES
A 20' GAS EASEMENT
HEREBY ESTABLISHED.
S17
RENAISSANCE DRIVE
VARIABLE WIDTH STRIP CONTAINING
2.5965 ACRES HEREBY DEDICATED
TO FREDERICK COUNTY FOR
PUBLIC STREET PURPOSES
0 of
IAT
o eG 29b
63
:...•. I ADJUSTED
TAX PARCEL 75-A-2
/ �:•.'.'•;•;� SEE SHEET 5
v
/ V ' ' ' ' . DOT -SHADED AREA
DENOTES A VARIABLE
jV :.'•;.::��_WIDTH, PERMANENT
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SEE SHEET 2 FOR LEGEND AND AREA
TABULATION.
SEE SHEET 9 FOR LINE DATA, CURVE DATA,
EASEMENT LINE DATA AND NOTES.
119E
100 0 100 RTF �R29
GRAPHIC SCALE (IN FEET)
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN —SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
BACK CREEK MAG/S7ERL4L DISTRICT, FREDERICK COUNTY, V/RGINL4
SCALE: 1 " = 100' 1 DATE: DECEMBER 2, 2011
GREENWAY ENGINEERING, INC.
151 6Vindy Hill Lane
EngineGVinchesler, Virginia 22602
Surveyorsers Telephone: (540) 662-4185
FAX: (540) 722-9528
Founded in 1971 www.greenwayeng.com
APRIL 10, 2012
rl,T"HO
RICHARD A. EDENS
Lic. No. 2550
suRv���4
461J SHEET 3 OF
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65' POWER RIGHT OF WAY X1 I
585
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& DB 582 PG 495
T.M. 74—A-71
✓UDITH BRIM CATES, ET AL
IrNj
DB 453 PG 35
II
& DB 755 PG 491
SEE INST. No. 0000I J515
i 3
& INST. No. 110001988
ZONE RA & B3 USE: AGRI.
I rNj
I�
I
20' TEMP. GRADING EASEMENT
u`vj
SERVING T.M. 75—A-2C
INST No. 110001988 �I
20' TEMP. GRADING EASEMENT
SERVING T.M. 74—A-71
INST. No. 110001988 I <
� I
� I
DOT —SHADED AREA DENOTES
A VARIABLE WIDTH, V.•.%
PERMANENT SLOPE--,
MAINTENANCE EASEMEN
HEREBY DEDICATED.
N 525832" W
(TAX
521.62'ADJUSTED
PARCEL 75—A-2C
SEE SHEET 6 ) 1
10' TEMPORARY CONSTRUCTION
AND PERMANENT SLOPE
MAINTENANCE, DRAINAGE AND --►{l-
INGRESS —EGRESS EASEMENT f:4
HEREBY DEDICATED. �':, • _
RENAISSANCE DRIVE ` I
VARIABLE WIDTH STRIP sr.
CONTAINING 2.5965 ACRES
HEREBY DEDICATED TO 100 0 100
FREPUBUCDERICK COUNTY 3TR � PURPOS�S. 1 MATCH r0 SHEET
3
NOTE GRAPHIC SCALE ON FEET)
SEE SHEET 2 FOR LEGEND AND AREA TABULATION.
SEE SHEET 9 FOR LINE DATA, CURVE DATA, EASEMENT LINE DATA AND NOTES.
FINAL PLAT FOR LOT CONSOLIDATION AND REVISED: APRIL 10, 2012
�1
t\ e I
W
C h
WIRE FENCE
L6
faoolT4a.0,0/c'
w
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TAX PARCEL
' 75-A -2R It
m I1.6927 ACRES
I ml
I DOT —SHADED AREA
I DENOTES A .-
III VARIABLE WIDTH,
PERMANENT SLOPE
MAINTENANCE
EASEMENT HEREBY
S9 _ DEDICATED.
S 11
is, 1,�S12
n
INST.•001,i387
—_ 71
GORE AREA
SEE INST. No. 110001988
R�L�
m
20' U77L1f1' FSEMENT
r DB 841 PG 1341
TRL\----_
pi90sp --
VA EHIT
60' RA ROUTE- 1129
OB 841 PG_ 1
GM
Nl 20' UTILITY
3
EASEMENT
4-jI
DB 641 PG 1341
i
20' TELEPHONE EASEMENT
11
WI
DB 955 PG 1556
hl
NI
T.M. 75—A-2H
Z
� !IjI
CARLTON R. NEWLIN
DB 974 PG 1699
NI
ZONE: B3
1,00'
40.00'
�i
USE. COMMERCIAL
I
I
RIGHT OF WAY DEDICATION OF THE LAND OF
� NLTH OF
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
P
RENAISSANCE DRIVE,,c
o�
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
RICHARD A. EDENS y
SCALE: 1 " = 100' 1 DATE: DECEMBER 2, 2011
Lic. No. 2550
GREENWAY ENGINEERING, INC.
151 TVindy Flill Lane
Engineers
Winchester, Virginia 22602
Surveyors
S jJRV
Telephone: (540) 662-4185
FAX: (540) 722-9528
4613 SHEET 4 OF 9
Founded in 1971 www.greemvayeng.cot? :
ESMT 11-14
T H. 75-A-2H T M. 75-A-21
CARLTON R. NEWLIN G TONE CORPORATION OF WRGINIA
0�1
DB 974 PG 1699 INST. No. 00001 J57 Q
ZONE: B3 SEE INST. No. 090011513 OF 29
USE. COMMERCIAL USE.?COMMERCIAL �7R�06 0 QG
20' UIJUTY EASEMENT 0
+-OB 841 PG 1341 N 35'24'19" E
531.82'
19.30' CHAINLINK FENCE
L21 I RF� - -
IIRS
20' WATERLINE EASEMENT
m SEE SHEET 7 FOR DETAIL PP - WELL
—
�515 CAP
N� )
HATCHED AREA DENOTES
A 20' GAS EASEMENT
Ia ., HEREBY ESTABLISHED.
n
ca :.x S16
2; PP
I 117
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,
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ADJUSTED
TAX PARCEL
"—s18 75-A-2
7.3310 ACRES
-
:
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EXISTING
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LOT LINES
HEREBY
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ziEl
PP CARPORT
PP
� SHED
•::::' ElL
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PP 1 7.38' L 17
L18
-- - -- • ----j ----
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE QuRICHBD
��BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA A. EDENS aSCALE.• 1" = 100' DATE.' DECEMBER 2, 2011. No. 2550GREENWAY ENGINEERING, ANC,151 Windy Hill Lane��Engineers linches[er, Virginia 22602 SUR��'
Surveyors Telephone: (540) 662-4185
FAX: (540) 722-9528
founded in 1971 www.greenwayeng.com
PP
PP
SP
ROOF DRAIN i—�
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SEE SHEET 8 FOR DETAIL OF SANITARY RTE. 1129
SEWER EASEMENT ALSO DEDICATED OVER U.S ROUTE 11 100 0 100
ADJUSTED TAX PARCEL 75-A-2. 80' R/W - DB 165 PG 77
SEE SHEET 9 FOR LINE DATA, CURVE
DATA, EASEMENT LINE DATA AND NOTES. GRAPHIC SCALE (IN FEET)
REVISED: APRIL 10, 2012
VA
O
c-n
20' TEMP. GRADING �T 1
WIRE FENCE L22 IRF SERVING T M. 75- -2C -+—I PORTION OF
-------—odr--o-a - INST. No. 110001988 I Z ADJUSTED TAX
IRF \�o (2)I PARCEL
C 10 J \ �?� SEE SHEET 4
0'1�
C12
c :•
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09
DOT -SHADED AREA ,: I:.t
DENOTES A VARIABLE
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I ^`:::f N (t4,4 T.M. 75-A-2H
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3� PARCEL 75-A-2C I I Q DB 974 PG 1699
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10.4021 ACRES ���:(� USE. COMMERCIAL
O 10' TEMPORARY CONSTRUCTION s � m
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cm� MAINTENANCE, DRAINAGE AND h 6"
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o j HEREBY DEDICATED. I I --
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j S ^ " 20FH
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m J i SEE SHEET 7 I I I EXISTING LOT
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FOR DETAIL I I N, 5� FH , I LINES HEREBY
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EASEMENT-1 I4 I II' n GV WM
o o DB 696 PG 60J I
N S2-+
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DENOTES A VARIABLE
/ " - r- WIDTH, PERMANENT
o JIRFoN S 35'32'35~ W 3F4" SLOPE MAINTENANCE
225.00' I:. o oYH EASEMENT HEREBY
IoSD DEDICATED.
L24
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NOTE i C� U L U- WV I
SEE SHEET 2 FOR LEGEND S
AND AREA TABULATION. `m v N I I SS "' d i
SEE SHEET 8 FOR DETAIL e o o c' m z / m
OF SANITARY SEWER ,� o a W I SS ' CO m IN w
EASEMENT ALSO DEDICATED �` �` o ao _ _ _ WM I 1 e Q a m
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SEE SHEET 9 FOR LINE o o
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EASEMENT LINE DATA, KEY 29 Z I � L25
TO ADJOINING PROPERTY
OWNERS AND NOTES. I 50' BRL �o• O �6
PP TR SIGN L27 ��
150 0 150 J/4" IRF P L28
PP P' P --
1o' caS EASEMENT VALLEY PIKE s7Tf To�\
PROSPERITY DRIVE
GRAPHIC SCALE DB 674 PG 677 U.S. ROUTE 11 RTE. 1129
(IN FEET) so' R/W — DB 165 PG 77
FINAL PLAT FOR LOT CONSOLIDATION AND REVISED: APRIL 10, 2012
RIGHT OF WAY DEDICATION OF THE LAND OF p.LTH OF
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLCM Df
RENAISSANCE DRIVE
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINM RICfMD A. EDENS
SCALE.- 1 " = 150' 1 DATE: DECEMBER 2, 2011 Lic. No. 2550
GREENWAY ENGINEERING, INc.
151 Windy Flill Lane
Engineers Winchester, Virginia 22602 ,SUR,V�'
Surveyors Telephone: (540) 662-4185
FAX: (540) 722-9528 461 J SHEET 6 OF 9
Founded in 1971 www.greentvayeng. com F4MT 1 1-14 .
F '
c
c
669E —
SEE SHEET 2 FOR
LEGEND AND AREA
TABULATION.
SEE SHEET 9 FOR
LINE DATA, CURVE
DATA, EASEMENT LINE
DATA, KEY TO
ADJOINING PROPERTY
OWNERS AND NOTES.
Q 9y
O�
QO 2
00
1
SCALE. 1 " = 50'
80.00'
i
I
I
W
T.M. 75—A-2H
I
CARLTON R. NEWLIN
DB 974 PG 1699
ZONE. B3
0
I USE: COMMERCIAL
N
Q
I
20' UT]LIIY EASEMENT
DB 841 PG 1341
N
O.
Q
W6
a�
DOT —SHADED AREA
DENOTES A 20'
WATERLINE EASEMENT
HEREBY DEDICATED.
HATCHED PORTIONS OF f' '
EXISTING WATERLINE
EASEMENT PER :C
uJ � 120.01
'I N_ _35'24' 19" E
'-ARC = 11.28' :;3�w�1 531.82'
ARC = 29.16' �3
.
..�
W4.
DOT—SHADED AREA
DENOTES A 20'
WATERLINE EASEMENT
I
HEREBY DEDICATED.
I�
i
NI
QII
EXISTING LOT
LINES HEREBY
TR I
`j
VACATED
ti
Q
GV I^
DB 696 PG 603
HEREBY VACATED. wu d
20' WATERLINE
EASEMENT b ' "''{
DB 696 PG 603
— — — — ------`W
WV
it m EXISTING LOT
I ^ LINES HEREBY
VACATED
50 0 50
GRAPHIC SCALE
(IN FEET)
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN —SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINM
SCALE: 1 " = 50' 1 DATE: DECEMBER 2, 2011
GREENWAY ENGINEERING, INC.
157 6Vincly Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX: (540) 722-9528
Founded in 1971 www.greenivayeng.cont
HATCHED PORTION OF
EXISTING WATERLINE
EASEMENT PER
DB 696 PG 603
HEREBY VACATED.
"�\
PP
APRIL 10, 2012
.LTH
RICWD A. EDENS
Lic. No. 2550
'Y,
461J SHEET 7 OF 9
ESMT 11-14
SCALE. 1" =
94,00'
WM
PP
�s
ADJUSTED
TAX PARCEL 75—A-2C�
SEE SHEET 6
O
DOT —SHADED AREA
DENOTES A SS3 L25
SANITARY SEWER ER o
EASEMENT HEREBY f-
DEDICATED. PP e
ro
SS1
L27 �0 28o8,
L28 ° WM
PP OVERHEAD U 7L/
IY WIRES
VALLEY p/KE
80, U S. ROUTE 11
RI _DO 165 PG 77
cAAIITARY S'FWFR FASFUFAIT IINF nATA
LINE
BEARING
DISTANCE
SS 1
S 35'24'09 " W
7.50'
SS2
N 5435 51 " W
20.00'
SS3
N J524'09" E
22.50'
S54
N 3524'09" E
18.47'
SS5
N 6717'41 " E
66.76'
SS6
S 56*26'11 " E
2.69'
T
OF 29
l�ER106�0 PO
00
ADJUSTED
TAX PARCEL 75—A-2)
SEE SHEET 5
PP
PP
/ DOT —SHADED AREA
DENOTES A VARIABLE
SS4 WIDTH SANITARY
�, f SEWER EASEMENT
HEREBY DEDICATED.
CIO 0 .... `' `� SS6
L 17
PP S 3522,09"
W - 487 J4
50 0 50
GRAPHIC SCALE
(IN FEET)
NOTE
SEE SHEET 2 FOR LEGEND
AND AREA TABULATION.
SEE SHEET 9 FOR LINE DATA,
CURVE DATA, EASEMENT LINE
DATA, KEY TO ADJOINING
PROPERTY OWNERS AND
NOTES.
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE.- I' = 50' 1 DATE.- DECEMBER 2, 2011
GREENWAY ENGINEERING, INC.
151 Windy Flill Lune
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 mm.greenwayeng.com
REVISED: APRIL 10, 2012
.iALTH oi' �
1
U RICHARD A. EDENS y
Lic. No. 2550
0
SURll-
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1461J SHEET 8 OF 9 1
C
C
r/IRvF nA
CURVE
DELTA ANGLE
RADIUS
ARC LENGTH
TANGENT
CHORD BEARING
CHORD LENGTH
C 1
25' 13'35'
762.00'
335.49'
170.51 '
N 67' 12'44 " W
332.79'
C2
26'5059'
762.00'
357.09'
181.88'
N 66'24'02" W
353.BY
C3
2570639"
708.00'
310.29'
15Z68'
N 67*16'12" W
307.82'
C4
03'58'48'
816.00'
56.68'
28.35'
N 7750'07" W
56.67'
C5
21'5139"
802.00'
306.00'
154.88'
N 63'54 21 " W
304.14'
C6
26'S0 59"
722.00'
338.34'
172.34'
S 6624'02" E
335.25'
C7
20'09'45"
802.00'
282.23'
142.59'
S 69'4439" E
280.77'
C8
20'09'45"
802.00'
282.23'
142.59'
N 69'4439" W
280.77'
C9
26'50'59"
722.00'
338.34'
172.34'
N 66'24'02" W
335.25'
C10
06'51'06"
428.28'
51.22'
25.64'
N 69'26'18" E
51.19'
C11
273538'
330.00'
158.93'
81.04'
N 5751 50" E
15740'
C12
82'5727"
25.00
36.20'
22.10'
N 8532'45" E
33.12'
C13
21'5139"
802.00'
306.00'
154.88'
S 63'54 21 " E
304.14'
C14
03'58'48'
816.00'
1 56.68'
28.35'
S 7T50'07' E
56.67'
C15
25'0639'
708.00'
1 310.29'
15Z68'
S 6716'12' E
307.82'
WATERLINE EASEMENT CURVE DATA
LINF DATA
LINE
BEARING
DISTANCE
L 1
N 543557" W
54.93'
L2
N 54'3745" W
8.40'
L3
N 17*43'30" W
60.00,
L4
S 35'24'03" W
14.00'
L5
N 30'50'43" W
19.97'
L6
N 3701 28' E
80.00,
L7
S 62'03'26" E
69.95'
L8
N 78'4243' E
52.48'
L9
S 54'35'57" E
7.50'
L 10
N 35'24'03" E
169.16'
L l l
N 39'58'06' E
158.55,
L 12
N 47*05 23' E
81.25'
L 13
I N 470523" E
47.99'
L 14
N 48'21 '56" E
135.69'
L 15
S 44'09 21 ' W
223.20'
L 16
S 39'58'06' W
158.55'
L 17
S 3524'03' W
169.16'
L 18
N 543557" W
7.50'
L 19
S 78'4243' W
52.48'
L20
N 62'03'26" W
69.95'
L21
N 52'58 32" W
0.82'
L22
N 38'03'26" E
54.32'
L23
N 71'39 39" E
140.66'
L24
S 30'50'43" E
19.97'
L25
N 3524'03" E
14.00'
L26
S 17*4330" E
60.00'
L27
S 543745" E
1 8.40'
L28
S 35'22'09" W
I 30747'
SlOPF ANNTFNANCF FASF4/FNT LINF DATA
LINE
BEARING
DISTANCE
51
S 24' 19 20" W
20.00'
S2
N 65'40'40" W
176.98'
Si
N 58'43'20" W
29.69'
S4
N 14'4320' W
2779'
S5
S 762835" W
25.90'
56
N 52'5832' W
39.25'
S7
N 61'1526" W
101.87'
S8
N 51'1445" W
172.42'
S9
N 37'0128" E
29.76'
510
S 553246' E
2Z54'
S 11
N 58' 18 22" E
64.52'
S12
N 43'48'18" E
72.61'
S13
S 84'00'09" E
31.60'
S 14
S 542847' E
45.48'
S15
S 62'4829" E
118.39'
S16
S 7555'18' E
110.23'
S17
S 81'43'27" E
73.56'
518
1 S 70'3234' E
174.47'
S19
I S 61'58'48" E
203.41'
WATER/ INF FA.SFUFNT I lNF nATA
LINE
BEARING
DISTANCE
W 1
S 52'58'32" E
10.01 '
W2
N 35'30'16" E
11.73'
W3
S 54'29'44" E
20.00'
W4
S 35'30'16" W
31.68'
W5
S 33'48'14" W
20.48'
W6
I N 36' 13'07" E
20.00'
NOTES KEY TO ADJOINING PROPERTY OWNERS
1. THE BOUNDARY INFORMAT70N SHOWN ON THIS T.M. 74-A-71
PLAT IS BASED ON A CURRENT FIELD SURVEY JUDITH BRIM CATES, ET AL
BY THIS FIRM. O DB 453 PG 35 & DB 755 PG 491
2. NO TIRE REPORT FURNISHED. EASEMENTS SEE INST. Nos. 000013515 & 110001988
MAY EXIST WHICH ARE NOT SHOWN. ZONE: RA USE. AGRICULTURAL
FINAL PLAT FOR LOT CONSOLIDATION AND
REVISED: APRIL 10, 2012
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
p,,LTH pF
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BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, V/RG/NIA
RICHARD A. EDENS a
Lic. No. 2550
SURD
SCALE: NIA I DATE: DECEMBER 2, 2011
GREENWAY ENGINEERING, INC.
151 Windy TIM Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
1 461 J SHEET 9 OF
PAX: (540) 722-9528
Founded in 1971 www.greenwayeng•cont
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VIRGINIA: FRcDGRICK COUNTY.SCf.
This instrument of writing was produced to me on
1 G , moo!
and with cer! :cd,�cmcnt thereto annexed
was dmitted'n f. , ;pn, ed by Sec. 58.1-802 of
CL , and S .l-, ul have been raid ifassessable
Clerk
• 0
REVENUE SHARING AGREEMENT
THIS AGREEMENT, made and dated this 16th day of November, 2011, is made by,
between, and among the COUNTY OF FREDERICK, VIRGINIA (the "County"), a political
subdivision of Virginia, RENAISSANCE COMMERCIAL CENTER, INC. ("Renaissance"),
a Virginia Corporation, and ALIZARIN CRIMSON, LLC ("Alizarin"), a Virginia Limited
Liability Company.
RECITALS:
A. Renaissance is the contract purchaser of the following lots or parcels of land:
i. That certain lot or parcel of land containing 7.9548 acres, more or less,
situate on the west side of Valley Pike (U.S. Route 11) in Back Creek
Magisterial District, Frederick County, Virginia, Tax Map No. 75-A-2 (the
"Renaissance/Horton Parcel').
ii. That certain lot or parcel of land containing 9.4806 acres, more or less,
situate on the west side of Valley Pike (U.S. Route 11) in Back Creek
Magisterial District, Frederick County, Virginia, Tax Map No. 75-A-2C
(the "Renaissance/Shen Foods Parcel').
Provided that this Agreement remains in full force and effect,
Renaissance shall acquire title to the Renaissance/Horton Parcel
and the Renaissance/Shen Foods Parcel prior to the commencement
of construction on June 1, 2012, as set forth in Section 6(a), below.
B. Alizarin is the owner of the following lots or parcels of land:
That certain lot or parcel of land containing 2.8942 acres, more or less,
situate on the west side of Valley Pike (U.S. Route 11) in Back Creek
Magisterial District, Frederick County, Virginia, Tax Map No. 75-A-213
(the "Alizarin/Valley Pike Parcel').
ii. That certain lot or parcel of land containing 1.6927 acres, more or less,
designated as Lot 10, Section 1, Kemstown Business Park, situate on the
west side of Prosperity Drive in Back Creek Magisterial District, Frederick
County, Virginia, Tax Map No. 75-A-2R (the "Alizarin/Prosperity
Parcel').
C. The foregoing Renaissance/Hoiton Parcel, the Renaissance/Shen Foods Parcel.
the Alizarin/Valley Pike Parcel and the Alizarin/Prosperity Parcel are sometimes hereinafter
referred to as the "Renaissance Property". The Renaissance Property is more particularly
described on that certain exhibit titled "Renaissance Property Ownership" dated November 3,
2011, prepared by Greenway Engineering, Inc., a copy of which is attached hereto marked
Exhibit A and incorporated herein by reference as if set out in full.
D. The parties desire to arrange for the construction of a portion of a street, designated
as Renaissance Drive, through a portion of the Renaissance Property extending westward from
Valley Pike for a distance of approximately 1,275 feet, more or less, signalization and
improvements to Valley Pike (U.S. Route 11), and tie ins and improvements to Prosperity Drive,
all located in Frederick County, Virginia (the "Project"). The Project is more particularly
described on that certain exhibit titled "Renaissance Drive Road Network Exhibit" dated
November 3, 2011, prepared by Greenway Engineering, Inc., a copy of which is attached hereto
marked Exhibit B and incorporated herein by reference as if set out in full.
E. The parties desire to finance the Project using funds that Renaissance will provide in
the surn of $1,001,000.00 (the "Renaissance Funds"), with additional matching funds in the
sum of $1,000,000.00(the "Matching Funds") to be provided by the Virginia Department of
Transportation ("VDOT"). In addition, Renaissance shall provide such additional funds as may
be necessary in the event of unforseen engineering, environmental or construction issues are
encountered during the construction of the Project (the "Additional Funds"), as more fully set
forth hereinafter.
F. The Renaissance Funds and the Matching Funds are sometimes hereinafter
collectively referred to the "Project Funds".
G. Alizarin shall have no financial obligations under the terms of this Agreement and
joins herein solely to dedicate a portion of the right of way over a portion of the AIizarin/Valley
Pike Parcel as is necessary to construct the future Renaissance Drive through a portion of the
Alizarin/Valley Pike Parcel, as set forth on Exhibit B attached hereto and incorporated herein by
reference as if set out in full.
NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of
Ten Dollars, ($10,00), cash in hand paid by each of the parties hereto unto the other, the receipt
and sufficiency of which is hereby acknowledged, the parties do agree as follows:
l . RECITALS: The Recitals are made a material part hereof and incorporated
herein by reference as if set out in full.
2. THE PROJECT:
a. The Renaissance Funds and the Matching Funds shall be applied and
expended in order to construct that portion of Renaissance Drive and Prosperity Drive in the
-2-
•
be not less than five (5) days after the date that notice of the intended commencement of the
Remediation Work is given to Renaissance. FolloNving approval of these Remediation Work by
Renaissance, or in the event that Renaissance fails to object to the Remediation Work within the
five (5) day period referenced above, Renaissance shall provide payment of the Additional Funds
through usual and customary invoicing procedures. In the event that Renaissance objects to the
Remediation Work during the five (5) day period referenced above, then such dispute shall be
submitted to Ruckinan Engineering, PLC, whose decision shall be final and binding upon the
County and Renaissance.
C. hl the event that a mechanic's lien or other claim is filed against the
Renaissance Property arising from or in connection with the Project, the County agrees to
promptly bond off any such mechanic's lien or claim with a portion of the Project Funds, to the
extent permissible under applicable law.
f. The County Department of Planning and Development will undertake the
necessary steps for the County to consider the adoption of a consistent zoning designation for
that certain triangular lot or parcel of land, containing 6,253 square feet, more or less,
immediately adjacent to the Alizarin/Prosperity Parcel, designated as "Refer To Section 3(0 Of
Revenue Sharing Agreement For Details (6,253 SF Of 28,012 SF Parcel)" on that certain exhibit
titled "Brim Group and Renaissance" dated November 3, 2011, prepared by Greenway
Engineering, Inc., a copy of which is attached hereto marked Exhibit C and incorporated herein
by reference as if set out in full (the "Future Prosperity Drive Extended"). In addition, the
County agrees to vested rights of setbacks applicable to the Alizarin/Prosperity Parcel as follows:
thirty-five foot (35') setback off of Future Prosperity Drive Extended and fifteen foot (15')
setback for all other boundary lines of the Renaissance/Prosperity Parcel.
g. To procure the Matching Funds from VDOT.
4. RENAISSANCE RESPONSIBILITIES:
a. Upon request of the County, Renaissance shall dedicate such right of way
as is necessary for the Project across a portion of the Renaissance Property generally in the
location as set forth on the attached Exhibit A.
b. Upon the request of the County, Renaissance shall dedicate for public
street purposes such right of way as is necessary for the Project across a portion of the parcel of
land containing 28,012 square feet, more or less, acquired from the Brim Estate, as detailed on
Exlubit "C" attached hereto.
C. Renaissance shall provide to the County the Renaissance Funds in the sum
of $1,001,000,00, as invoiced by the County as construction of the Project progresses. The
County will invoice only for the matching portion of actual costs for the work on such portion of
the Project on or adjacent to the right of way dedicated to the County and/or VDOT. The value
of right of way dedicated pursuant to the previous paragraph shall not be considered to be part of
-4-
0 •
Renaissance: Renaissance Commercial Center, tile.
P. O. Box 480
Stephens City, VA 22655
Attn: Beverley B. Shoemaker, President
with a copy to: Michael L. Bryan, Esquire
116 South Braddock Street
Winchester, VA 22601
Fax: 540/545-4130
ENTIRE AGREEMENT; AMENDMENTS-, TIME:
a. This Agreement constitutes the entire agreement of the Parties and
supersedes any prior understandings, whether oral or written, of the parties regarding the subject
matter of this Agreement and no amendment to this Agreement shall be effective unless made in
a writing signed by those of the Parties whose rights and/or responsibilities may be affected by
such amendment.
b. Time is of the essence with respect to all matters set forth in this
Agreement.
C. This Agreement shall be binding upon and the obligations and benefits
hereof shall accrue to the parties hereto and their successors and assigns.
8. GOVERNING LAW; VENUE: This Agreement shall be governed by and
interpreted according to the laws of the Commonwealth of Virginia and any dispute hereunder
shall be heard only in the Circuit Court of Frederick County, Virginia.
WITNESS the followuig signatures and seals:
CO77=
INIA
BY (SEAL)
RENAISSANCE COMMERCIAL CENTER, INC.
BY (SEAL)
Q
i 0
ALIZARIN CRIMSON, LLC
MLB/smb
ContractsTonaissance Center Revenue Sharing Agreement2
11/14/11
By & _(SEAL)
-7-
0)
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
.20004193
THIS DEED OF STREET DEDICATION AND DEED OF EASEMENTS, made
and dated this a day of , 2012, by and between BOWMAN -SHOEMAKER
COMPANIES, INC., a Virginia Corporation, hereinafter referred to as "Bowman -
Shoemaker", ALIZARIN CRIMSON LLC, a Virginia Limited Liability Company,
hereinafter referred to as "Alizarin", the COUNTY OF FREDERICK, VIRGINIA,
hereinafter referred to as "Frederick County", FREDERICK COUNTY SANITATION
AUTHORITY, a Virginia corporation organized and existing under the provisions of the
Virginia Water and Waste Authorities Act (§ 15.2-5100, et seq., Code of Virginia, 1950 as
amended), hereinafter referred to as "FCSA", and WASHINGTON GAS LIGHT
COMPANY, hereinafter referred to as "Gas Company".
RECITALS:
A. Bowman -Shoemaker is vested with fee simple title to that certain parcel of land,
lying and being situate in Back Creek Magisterial District, Frederick County, Virginia,
located on the Northwest side of Valley Pike (U. S. Route 11), containing 7.9548 acres, more
or less, as more particularly described on that certain plat titled "Boundary Survey Of The
Property Of Horton Investments, LLC" dated April 15, 2005, drawn by Mark D. Smith, L.S.,
which plat is attached to and made a part of that certain Deed dated April 20, 2005, of record
in the aforesaid Clerk's Office as Instrument No. 050014247 (Tax Map No. 75-A-2)
("Bowman -Shoemaker Parcel #1").
B. Bowman -Shoemaker is vested with fee simple title to that certain parcel of
land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia
located on the Northwest side of Valley Pike (U. S. Route 11), containing 9.4806 acres, more
or less, being more particularly described on that certain plat titled "Final Plat For Boundary
Line Adjustment Between The Lands Of Bowman -Shoemaker Companies, Inc., Alizarin
Crimson, LLC And Judith Brim Cates, et al" dated November 15, 2010, drawn by Richard A.
Edens, L.S. (the "BLA Plat"), which plat is attached to and made a part of that certain Deed
ind Deed of Boundary Line Adjustments And Easement, dated February 10, 2011, of record
.n the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No.
0`
. )
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
110001988 (Tax Map No. 75-A-2C) ("Bowman -Shoemaker Parcel #211).
C. Alizarin is vested with fee simple title to that certain parcel of land, lying and
being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the
Northwest side of Valley Pike (U. S. Route 11), containing 2.8942 acres, more or less, as
more particularly described on that certain plat titled "Boundary Survey Of The Land Of
Valley Pike, L.L.C." dated November 21, 2005, drawn by Mark D. Smith, L.S., a copy of
which is attached to and made a part of that certain Deed dated January 12, 2006, of record in
the aforesaid Clerk's Office as Instrument No. 060001096 (Tax Map No. 75-A- 2B)
("Alizarin Parcel #1 ").
D. Alizarin is vested with fee simple title to that certain parcel of land, lying and
being situate in Back Creek Magisterial District, Frederick County, Virginia, situate on the
Western side of Prosperity Drive, containing 1.6927 acres, more or less, designated as Lot 10,
Kernstown Business Park, Section 1, as more fully set forth on the aforesaid BLA Plat (Tax
Map No. 75-A- 2R) ("Alizarin Parcel #2").
E. Alizarin has agreed to convey various parcels of land to Bowman -Shoemaker so
as to the adjust the respective boundaries of Bowman -Shoemaker Parcel #1, Bowman -
Shoemaker Parcel #2 and Alizarin Parcel #1. The boundary lines for Alizarin Parcel #1 shall
be vacated and portions of said Alizarin Parcel #1 shall be off -conveyed as follows:
(i) Alizarin shall convey 0.0078 acre, more or less, to Bowman -Shoemaker,
which parcel shall become a part of Bowman -Shoemaker Parcel #1 (as hereinafter defined);
(ii) Alizarin shall convey 2.2646 acres, more or less, to Bowman -Shoemaker,
which parcel shall become a part of Bowman -Shoemaker Parcel #2 (as hereinafter defined);
and,
(iii) Alizarin shall dedicate 0.6218 acres, more or less, to Frederick County as a
.)art of Renaissance Drive (the "Alizarin Street Dedication Parcel")
F. Bowman -Shoemaker has agreed to dedicate a portion of Adjusted Bowman -
IShoemaker Parcel #1 (as hereinafter defined) and Adjusted Bowman -Shoemaker Parcel #2
V4
•>
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
(as hereinafter defined), containing 1.9747 acres, more or less, to Frederick County as a part
of Renaissance Drive (the "Bowman -Shoemaker Street Dedication Parcel")
G. Alizarin and Bowman -Shoemaker have agreed to dedicate the Alizarin Street
Dedication Parcel and the Bowman -Shoemaker Street Dedication Parcel, containing in the
aggregate 2.5965 acres, more or less (the "Renaissance Drive Parcel") in order to provide
right of way, variable in width, for public street purposes, designated as "Renaissance Drive
Variable Width Strip Containing 2.5965 Acres Hereby Dedicated To Frederick County For
Public Street Purposes" on that certain plat titled "Final Plat For Lot Consolidation And
Right Of Way Dedication Of The Land Of Bowman -Shoemaker Companies, Inc. And
Alizarin Crimson, LLC Renaissance Drive" dated December 2, 2011, revised April 10, 2012,
drawn by Richard A. Edens, L.S., a copy of which is attached hereto and incorporated herein
by reference as if set out in full (the "Street Dedication Plat"), as more fully set forth
hereinafter.
H. Bowman -Shoemaker and Alizarin. have agreed to create and impress upon a
portion of Adjusted Bowman -Shoemaker Parcel It (as hereinafter defined), Adjusted
Bowman -Shoemaker Parcel ##2 (as hereinafter defined), and Alizarin Parcel #2 those certain
permanent slope maintenance easements, a temporary construction easement, drainage
easement, ingress -egress easement, a gas easement, utility easement, sanitary sewer
easements and waterline easements (the "Easements"),.as more fully set forth on the Street
Dedication Plat, as more fully set forth hereinafter.
I. Bowman -Shoemaker and FCSA have agreed to vacate a portion of that certain
existing permanent waterline easement in favor of FCSA previously created and impressed
by Deed of Easement dated October 29, 1988, of record in the aforesaid Clerk's Office in
Deed Book 696, at Page 603 (the "Vacated Waterline Easement"), as more fully set forth
on the Street Dedication Plat.
NOW, THERE' ORE, WITNESSETH: That for and in consideration of the
premises conveyed, and other good and valuable considered deemed adequate at law, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
C
1'\:
C IC
3
.)
RECITALS: The Recitals are incorporated herein and made a material part
hereof as if set out in full.
2. RENAISSANCE DRIVE DEDICATION: Bowman -Shoemaker and
Alizarin hereby dedicate and convey the Renaissance Drive Parcel, containing 2.5965 acres,
more or less, unto Frederick County for future public street purposes, as more particularly
described on the attached Street Dedication Plat. Bowman -Shoemaker and Alizarin hereby
acknowledge and agree that Frederick County may hereafter dedicate and convey the
Renaissance Drive Parcel to the Virginia Department of Transportation.
3. BOUNDARY LINE ADJUSTMENTS:
(a) Alizarin hereby grants and conveys with general warranty and English
covenants of title unto Bowman -Shoemaker, in fee simple, that certain lot or parcel of land
containing 0.0078 acre, more or less, which parcel shall be merged into and made a part of
Bowman -Shoemaker Parcel #1, in order to create that certain parcel of land containing
7.3310 acres, more or less, designated as "Adjusted Tax Parcel 75-A-2" on the attached
Street Dedication Plat ("Adjusted Bowman -Shoemaker Parcel #1"). This conveyance is
made subject to all easements, rights of way and restrictions of record affecting the subject
property; provided, however, that the foregoing shall not be deemed in any way to reinstitute
or republish any restrictions of record that may have expired or lapsed.
(b) Alizarin hereby grants and conveys with general warranty and English
covenants of title unto Bowman -Shoemaker, in fee simple, that certain lot or parcel of land
containing 2.2646 acres, more or less, which parcel shall be merged into and made a part of
Bowman -Shoemaker Parcel #2, in order to create that certain parcel of land containing
10.4021 acres, more or less, designated -as "Adjusted Tax Parcel 75-A-2C" on the attached
Street Dedication Plat ("Adjusted Bowman -Shoemaker Parcel #2"). This conveyance is
made subject to all easements, rights of way and restrictions of record affecting the subject
Michael L. Bryan property; provided, however, that the foregoing shall not be deemed in any way to reinstitute
116 S. Braddock St.
Winchester, VA or republish any restrictions of record that may have expired or lapsed.
0.)
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
4. BOWMAN -SHOEMAKER EASEMENTS:
(a) Bowman -Shoemaker hereby creates and impresses the following
Easements upon a portion of Adjusted Bowman -Shoemaker Parcel #1 and Adjusted
Bowman -Shoemaker Parcel #2:
(i) Those certain waterline easements, 20' in width, designated as "20'
Waterline Easement See Sheet 7 For Detail" and "DOT -Shaded Area Denotes A 20,
Waterline Easement Hereby Dedicated" over a portion of Adjusted Bowman -Shoemaker
Parcel #1 and Adjusted Bowman -Shoemaker Parcel 112 as set forth on the attached Street
Dedication Plat (the "Waterline Easements"). The Waterline Easements shall include a
temporary construction easement, 10 feet in width, immediately adjacent to the easement
areas designated as "DOT -Shaded Area Denotes A 20' Waterline Easement Hereby
Dedicated" on the attached Street Dedication Plat. Bowman -Shoemaker hereby conveys the
Waterline Easements unto FCSA. The Waterline Easements shall be exclusive, perpetual,
appurtenant and permanent easements or rights of way which shall run with the title to
Adjusted Bowman -Shoemaker Parcel #1 and Adjusted Bowman -Shoemaker Parcel #2 for the
benefit of FCSA, its successors and assigns. The Waterline Easements shall be subject to
those certain terms and conditions set forth on Exhibit "A" attached hereto and incorporated
herein by reference as if set out in full.
(ii) Those certain sanitary sewer easements, designated as "DOT -Shaded
Area Denotes A 20' Sanitary Sewer Easement Hereby Dedicated" and that certain "DOT -
Shaded Area Denotes A Variable Width Sanitary Sewer Easement Ilereby Dedicated" on the
attached Street Dedication Plat (the "Sanitaiy Sewer Easements"). The Sanitary Sewer
Easements shall include a temporary construction easement, 10, in feet, immediately
adjacent to the easement areas designated as "DOT -Shaded Area Denotes A 20' Sanitary
Sewer Easement Hereby Dedicated" and that certain "DOT -Shaded Area Denotes A Variable
Width Sanitary Sewer Easement Hereby Dedicated" on the attached Street Dedication
Plat. Bowman -Shoemaker hereby conveys the Sanitary Sewer Easements unto FCSA. The
Sanitary Sewer Easements shall be exclusive, perpetual, appurtenant and permanent
5
•'
r �)
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
easements or rights of way which shall run with the title to the Adjusted Bowman -Shoemaker
Parcel #1 and Adjusted Bowman -Shoemaker Parcel 1/2 for the benefit of FCSA, its
successors and assigns. The Sanitary Sewer Easements shall be subject to those certain terms
and conditions set forth on Exhibit "B" attached hereto and incorporated herein by reference
as if set out in full.
(iii) Those certain temporary construction and permanent slope
maintenance, drainage and ingress -egress easements, designated as "10' Temporary
Construction And Permanent Slope Maintenance, Drainage And Ingress -Egress Easement
Hereby Dedicated" on the attached Street Dedication Plat. Bowman -Shoemaker hereby
grants and conveys the aforesaid easements unto Frederick County and its successors and
assigns, which easements shall be non-exclusive, perpetual, appurtenant and permanent
easements or rights of way which shall run with the title to the Adjusted Bowman -Shoemaker
Parcel #1 and Adjusted Bowman -Shoemaker Parcel #2 for the benefit of Frederick County,
its successors and assigns.
(iv) That certain gas easement designated as "hatched Area Denotes A 20'
as Easement Hereby Established" over a portion of Adjusted Bowman -Shoemaker Parcel #1
set forth on the attached Street Dedication plat (the "Gas Easement"). Bowman-
ioemaker hereby conveys the Gas Easement unto the Gas Company for purposes of laying,
nstructing, maintaining, operating, removing, replacing, altering, extending, repairing and
:rearing or decreasing in size a gas pipe line or pipes lines, service pipes, valves, regulators
3 accessory equipment (the "Equipment") in, through and across a portion of Adjusted
owman-Shoemaker Parcel #1. The Gas Easement shall be a non-exclusive, perpetual,
ppurtenant and permanent easement or right of way which shall run with the title to Adjusted
cowman -Shoemaker Parcel It 1 for the benefit of the Gas Company. The Gas Easement shall
subject to those certain terms and conditions set forth on Exhibit "C" attached hereto and
orated herein by reference as if set out in frill.
(v) Those certain variable width permanent slope maintenance
designated as "DOT -Shaded Area Denotes A Variable Width, Permanent Slope
0
0
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
tenance Easement Hereby Dedicated" on the attached Street Dedication Plat. Bowman -
hereby grants and conveys the aforesaid easements unto Frederick County and its
rs and assigns, which easements shall be non-exclusive, perpetual, appurtenant and
anent easements or rights of way which shall run with the title to Adjusted Bowman -
Parcel #1 and Adjusted Bowman -Shoemaker Parcel #2 for the benefit of Frederick
, its successors and assigns.
5. ALIZARIN EASEMENTS: Alizarin hereby creates and impresses that
variable width permanent slope maintenance easement upon a portion of Alizarin
arcel 42, designated as "DOT -Shaded Area Denotes A Variable Width, Permanent Slope
tenance Easements Hereby Dedicated" on the attached Street Dedication Plat. Alizarin
grants and conveys the aforesaid easement unto Frederick County and its successors
assigns, which easement shall be a non-exclusive, perpetual, appurtenant and permanent
or right of way which shall run with the title to Alizarin Parcel #2 for the benefit of
County, its successors and assigns.
6. PERPETUAL EASEMENTS: The Easements created and impressed hereby
be perpetual, appurtenant and permanent easements or rights of way which run with the
itle to Adjusted Bowman -Shoemaker Parcel #1, Adjusted Bowman -Shoemaker Parcel #2 and
izarin Parcel #2.
7. VACATION OF PORTION OF WATERLINE EASEMENT: Bowlnan-
and FCSA hereby vacate a portion of the existing Vacated Waterline Easement,
as "Hatched Portions of Existing Waterline Easement Per DB 696 PG 603 Hereby
acated" on the attached Street Dedication Plat,
8. FREDERICK COUNTY CONSENT:
(a) Frederick County consents to the dedication of the Street Dedication Parcel
Bowman -Shoemaker and the creation of the Bowman -Shoemaker Easements as set forth in
on 4, above, as evidenced by its execution of the attached Plat.
(b) Frederick County consents to the dedication of the Alizarin Street
cation Parcel by Alizarin and the creation of the Alizarin Easements as set forth in
J
7
0)
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
5, above, as evidenced by its execution of the attached Plat.
9. RETAINED USE:
(a) Subject to the provisions of Exhibit "A", Exhibit "B" and Exhibit "C",
owman-Shoemaker hereby expressly retains the use of those portions of Adjusted Bowman -
Parcel #1 and Adjusted Bowman -Shoemaker Parcel #2 subject to the Easements
such manner as will not interfere with the purposes for which the Easements are created and
hereby.
(b) Alizarin hereby expressly retains the use of that portion of Alizarin Parcel
subject to the Easements in such manner as will not interfere with the purposes for which
Easements are created and impressed hereby.
10. SUCCESSORS AND ASSIGNS: The terms of this Deed of Street
on and Deed of Easements shall extend to and be binding upon the successors and
of the respective parties hereto.
WITNESS the following signatures and seals:
BOWMAN -SHOEMAKER COMPANIES, INC.
By: (SEAL)
Beverley B. hoemaker, President
TATE OF VIRGINIA, r
ITY/C4 UNdW- OF
The foregoing instrument was acknowledged before me on the oZO ay of
.07pr► , 2012, by Beverley B. Shoemaker, President of Bowman -Shoemaker
Companies, Inc., a Virginia Corporation.
My Commission expires:
` a PU 13 AAB ¢ �_
"11 NWEAO\N
''11,111110
NOTA Y PUBLIC
ALIZARIN CRIMSON, LLC
BY: rr1�1, YA-f2(SEAL)
Beverley Shoemaker, Manager
;TATE OF VIRGINIA'""��
;ITY/eeUt -Y OF W i n&gAk/
The foregoing instrument was acknowledged before me on the Rt!�day of
2012, by Beverley B. Shoemaker, Manager of Alizarin Crimson, LLC, a
irginia Limited Liability Company.
My Commission expires:
C N E w�//V
_3�v
FREDERICK COUNTY SANITATION
AUTHORITY
BY: � _
>/(SEAL)
TATE O RGINIA,
ITY/ OUNT OF NrPli Y l k
The foregoing instrument was acknowledged before me on the %5 dY
a of
2012, bYuy�W W d , who is alj r Qnf or
p,f Frederick County Sanitation Authority.
My Commission expires: S15
TASHEMA LONG
NOTARY PUBLIC
REGISTRATION N 7265287
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
AUGUST 31, 2013
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
0
0)
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
EXHIBIT "A"
The Waterline Easements granted to FCSA herein shall be subject to the following
and conditions:
1. The Waterline Easements shall be exclusive, permanent and perpetual waterline
of way and easements 20 feet in width, and shall include a temporary construction
asement 10 feet in width immediately adjacent thereto.
2. The Waterline Easements granted herein shall convey unto FCSA the perpetual and
t right to construct, install, lay, maintain, repair, add to, alter, replace, extend and
perate present or future underground water lines and water mains, including manholes, fire
valves, meters, building service connections and lines, and all other appurtenant
ilities necessary for the transmission and distribution of water through, upon and across a
of Adjusted Bowman -Shoemaker Parcel #1 and Adjusted Bowman -Shoemaker Parcel
as shown on the Street Dedication Plat, and includes the right to go on, over and upon said
aterline Easements for the purpose of installing, laying, maintaining, repairing and replacing
j he same as needed.
3. The temporary construction easement granted to FCSA herein shall include the
ight to enter upon Adjusted Bowman -Shoemaker Parcel #1 and Adjusted Bowman -
Shoemaker Parcel #2 to the extent necessary for and during the original construction,
nstallation and laying of said water lines and water mains. Said temporary construction
asement to expire and to become null and void upon completion of construction of said water
lines and water mains and the acceptance thereof by FCSA.
4. The Waterline Easements granted to FCSA herein are subject to the following
rights and conditions:
(i) All water lines, water mains and appurtenant facilities which are installed in the
)ermanent and perpetual Waterline Easements shall be and remain the property of FSCA, its
>uccessors and assigns.
(ii) FCSA and its agents shall have full and free use of said Waterline Easements
or the purposes named herein, and shall have all rights and privileges reasonably necessary to
0
CO
u1
10
•'
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
exercise of the Waterline Easements. In the event FCSA is unable reasonably to exercise
right of ingress and egress over the Waterline Easements (including the temporary
construction easements) FCSA shall have the right of ingress and egress over the land of
Bowman -Shoemaker adjacent to the Waterline Easements in order to access the Waterline
provided, however, that this right to use such adjoining land shall be exercised
during periods of actual construction or maintenance, and further, this right shall not be
to allow FCSA to erect any building, structure or facilities on such adjoining land.
(iii) FCSA shall have the right to trim, cut and remove trees, shrubbery, fences,
or other obstructions of facilities in or near the easements being conveyed deemed
FCSA to interfere with the proper and efficient construction, operation and maintenance of
water lines, water mains and appurtenant facilities; provided, however, that FCSA, at its
expenses, shall restore, as nearly as possible, to their original condition all land or
included within or adjoining said Waterline Easements which are disturbed in any
by the construction, operation and maintenance of said water lines, water mains and
facilities. Such restoration shall include the backfilling of trenches and the re-
ceding of lawns or pasture areas, but shall not include the replacement of structures, fences,
jtrees, shrubbery and other facilities located within the area of the Waterline Easements.
(iv) Bowman -Shoemaker shall retain the right to use its land which is subject to
he Waterline Easements conveyed herein in any manner which shall not interfere with the use
and enjoyment of said easement rights by FCSA. Bowman -Shoemaker shall all times have the
ight to cross over and upon said Waterline Easements and to use the surface over the said
aterline Easements in such a maimer as will neither injure nor interfere with the
-onstructlon, operation or maintenance of the water lines and water mains except that no
)uilding or other permanent or temporary structure shall be erected over said permanent and
)erpetual Waterline Easements.
0
11
EXIIIBIT "B"
The Sanitary Sewer Easements granted to FCSA herein shall be subject to the
llowing terms and conditions:
1. The Sanitary Sewer Easements shall be exclusive, permanent and perpetual sanitary
rights of way and easements 20 feet in width, and shall include a temporary construction
10 feet in width immediately adjacent thereto.
2. The Sanitary Sewer Easements granted herein shall convey unto FCSA the
t and perpetual right to construct, install, lay, maintain, repair, add to, alter, replace,
and operate present or future underground sanitary sewer lines, including building
lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary
the collection of sanitary sewage and its transmission through, upon and across a portion of
justed Bowman -Shoemaker Parcel #1 and Adjusted Bowman -Shoemaker Parcel #2 as
on the Street Dedication Plat, and includes the right to go on, over and upon said
itary Sewer Easements for the purpose of installing, laying, maintaining, repairing and
ng the same as needed.
3. The temporary construction easement granted to FCSA herein shall include the
t to enter upon Adjusted Bowman -Shoemaker Parcel #1 and Adjusted Bowman-
hoemaker Parcel #2 to the extent necessary for and during the original construction,
nstallation and laying of said sanitary sewer lines. Said temporary construction easement to
re and to become null and void upon completion of construction of said sewer lines
the acceptance thereof by FCSA.
4. The Sanitary Sewer Easements granted to FCSA herein are subject to the following
and conditions:
(i) All sanitary sewer lines and appurtenant facilities which are installed in the
and perpetual Sanitary Sewer Easements shall be and remain the property of FSCA,
its successors and assigns.
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
12
(ii) FCSA and its agents shall have full and free use of said Sanitary Sewer
Easements for the purposes named herein, and shall have all rights and privileges reasonably
necessary to the exercise of the Sanitary Sewer Easements. In the event FCSA is unable
reasonably to exercise the right of ingress and egress over the Sanitary Sewer Easements
(including the temporary construction easement) FCSA shall have the right of ingress and
egress over the land of Bowman -Shoemaker adjacent to such Sanitary Sewer Easements in
order to access the Sanitary Sewer Easements; provided, however, that this right to use such
adjoining land shall be exercised only during periods of actual construction or maintenance,
and further, this right shall not be construed to allow FCSA to erect any building, structure or
facilities on such adjoining land.
(iii) FCSA shall have the right to trim, out and remove trees, shrubbery, fences,
structures or other obstructions of facilities in or near the easements being conveyed deemed
by FCSA to interfere with the proper and efficient construction, operation and maintenance of
said sanitary sewer lines and appurtenant facilities; provided, however, that FCSA, at its own
expenses, shall restore, as nearly as possible, to their original condition all land or premises
included within or adjoining said Sanitary Sewer Easements which are disturbed in any
by the construction, operation and maintenance of said sewer lines and appurtenant
Facilities. Such restoration shall include the backfilling of trenches and the re -seeding of
awns or pasture areas, but shall not include the replacement of structures, fences, trees,
shrubbery and other facilities located within the area of the Sanitary Sewer Easements.
(iv) Bowman -Shoemaker shall retain the right to use its land which is subject to
he Sanitary Sewer Easements conveyed herein in any manner which shall not interfere with
use and enjoyment of said easement rights by FCSA. Bowman -Shoemaker shall all times
have the right to cross over and upon said Sanitary Sewer Easements and to use the surface
the said Sanitary Sewer Easements in such a manner as will neither injure nor interfere
Michael L. Bryan with the construction, operation or maintenance of the sanitary sewer lines except that no
116 S. Braddock St
. building or other permanent or temporary structure shall be erected over said permanent and
Winchester, VA g p 1 y
perpetual Sanitary Sewer Easements.
13
CD
k.0
EXHIBIT "C"
The Gas Easement granted to the Gas Company as set forth herein shall be subject to
the following terms and conditions:
1. The Equipment shall be and remain the property of the Gas Company.
2. The Gas Company and its agents shall have full and free use of the Gas Easement
for the purposes named, including the right of access to and from the Gas Easement; and, in
tion, the Gas Company shall have the right during the period of original construction of
the Gas Equipment, to use additional space, as needed, for construction use only.
I The gas pipeline and service pipes shall be installed below cultivation and
regulators and accessory equipment may be above the surface. Bowman -Shoemaker reserves
right to construct and maintain private roadways and fences over the Gas Easement and to
make any use of the Gas Easement herein granted not inconsistent with the rights herein
veyed to the Gas Company or with the use of the Gas Easement by the Gas Company for
the purposes named. Uses inconsistent with the Gas Easement include, but are not limited to,
erection of any building or other structure within the Gas Easement, the making of a fill or
excavation on the Gas Easement, or the inundation of the Gas Easement, without written
al of the Gas Company.
4. The Gas Company shall have the right to trim, cut, and remove trees, shrubbery,
fences, structures, or other obstructions of facilities in the Gas Easement deemed by the Gas
rnpany to interfere with the proper and efficient use of the Gas Easement for the purposes
ned; provided, however, the Gas Company at its own expense shall restore, as nearly as
;sible, the property to its original condition, including the backfilling of trenches, the
lacement of fences, and the reseeding of lawns or pasture areas, but not the replacement of
trees, or other obstructions.
5. Bowman -Shoemaker warrants generally the Gas Easement and will execute such
further assurances thereof as the Gas Company may request.
Michael L. Bryan
116 S. Braddock St. 6, The Gas Company g y
Winchester, VA p y shall pay Bowman -Shoemaker actual damages that may arise
from the original construction, maintenance, replacement, operation and removal of the
14
CD
Equipment. —
Z_
CJ
NOTICE TO LANDOWNER: You are conveying rights to a public service
corporation. A public service corporation may have the right to obtain some or all of these
rights through exercise of eminent domain. To the extent that any of the rights being
conveyed are not subject to eminent domain, you have the right to choose not to convey those
rights and you could not be compelled to do so. You have the right to negotiate compensation
for any rights that you are voluntarily conveying.
THIS INSTRUMENT PREPARED BY:
Michael L. Bryan, Esquire
116 South Braddock Street
Winchester, Virginia 22601
540/545-4130
Deeds\Renaissance Street Dedication
4/25/12
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
15
•
FINAL PLAT FOR LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION
OF THE LAND OF BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
BACK CREEK MAG/STER/AL DISTRICT, FREDERICK COUNTY, V/RG/N/A
DECEMBER 2, 2011 REVISED: APR/L 10, 2012
J
VICINITY MAp
I " = 2, 000'
�equw, f
4
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE LAND CONTAINED /N THIS LOT CONSOLIDATION AND RIGHT OF
WAY DEDICATION SURVEY /S (i) ALL OF THE LAND CONVEYED TO JASBO, INC. BY DEED DATED
APR/L 20, 2005 OF RECORD /N THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS
INSTRUMENT No. 050014247 (THE SAID JASBO, INC. HAVING SINCE CHANGED THE NAME OFTHE
CORPORATION TO BOWMAN -SHOEMAKER COMPAN/ES,INC,
CHANGE OF NAME DATED NOVEMBER 7, INC. AS EVIDENCED BY A CERTIFICATE OF
2007 OF RECORD /N SAID CLERK'S OFFICE AS
INSTRUMENT No. 070017j67), (il) ALL OF THE LAND CONVEYED TO ALIZARIN CRIMSON, LLC BY
DEED DATED JANUARY 12, 2006 OF RECORD /N SAID CLERK'S OFFICE AS INSTRUMENT No.
060001096, (iii) ALL OF "ADJUSTED TAX PARCEL 75 A-2C" AS ESTABLISHED BY DEED AND
DEED OF BOUNDARY LINE ADJUSTMENTS AND EASEMENT DATED FEBRUARY 10, 2011 OF RECORD
IN SA/D CLERK'S OFFICE AS INSTRUMENT No. 110001988, BEING ALL OF THE LAND CONVEYED
TO BOWMAN -SHOEMAKER COMPANIES, INC. BY THE AFORESAID DEED AND ALL OF THE REMAINING
LAND CONVEYED TO JASBO, INC. (NOW KNOWN AS BOWMAN -SHOEMAKER COMPANIES, INC., AS
NOTED ABOVE) BY TWO DEEDS, BOTH DATED MARCH 2, 2005,
iv) ALL OF 'ADJUSTED TAX
OFFICE AS INSTRUMENTS No. 050004465 AND 050004466, OF RECORD /N SAID CLERK'S
PARCEL 75-A-2R" AS ESTABLISHED BY DEED AND DEED OF BOUNDARY LINE ADJUSTMENTS AND
EASEMENT DATED FEBRUARY 10, 2011 OF RECORD /N SA/D CLERK'S OFFICE AS INSTRUMENT No.
110001988, BEING ALL OF THE LAND CONVEYED TO ALIZARIN
CRIMSON, LLC BY THE AFORESAID DEED AND BY DEED DATED
JULY 18, 2006 OF RECORD /N SAID CLERK'S OFFICE AS -V-A.Q -A, -�
INSTRUMENT No. 060013844.
NOTE:
N
T.M.
75 A-2
00
T.M.
75 A-2B
(lii)
T.M.
75 A-2C
(iv)
T.M.
75 A-2R
7.9548 ACRES ZONE B2
2.8942 ACRES ZONE B2
9.4806 ACRES ZONE B2
1.6927 ACRES ZONE- B3
APPROVALS:
FRE
CK COUN / ATION THOR/TY
DATE
V/RG/N/A
D ARTMET OE 7RAN SPORTATION
DA
EDERICK COON SUBDIVISION ADM/NISTR,gTOR��
DATE
GREENWAY ENGINEERING,
Engineers 151 Windy Hill Lane
mc.
Surveyors Winchester, Virginia 22602
Telephone: (540) 662-4185
Founded in im
FAX: (540) 722-9528
www.greenwayeng. com
RICHARD A. EDENS, L.S.
USE
VACANT
USE'
COMMERCIAL
USE
VACANT
USE'
VACANT
s�.�p,LTH 0FL,1
rlr
U RICHARD A. EDENS a
Lic. No. 2550
le 4-lo- 7_ ot
-%M SURO
13 SHEET 1 OF 9
ESMT 11-14
•
OWNER'S CERTIFICATE
THE ABOVE AND FOREGOING LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION OF THE
LANDS OF BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC, AS APPEARS
ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE
DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY.
BOWMAN -SHOEMAKER COMPANIES, INC.
BY.
BEVER B. SHOEMAKER, PRES/DENT
ALIZARIN CRIMSON, LLC
BY.•
BEI/ERL B. SHOEMAKE�)WA!AG�R
COMMONWEALTH OF VIRGIN/A
CITY / 606WFY OF /,r7 en TO WIT.
THE FOREGOING OWNER'S CERTIFICATE W S ACKNOWLEDGED
BEFORE ME THIS QL. & DAY OF r1.
( 20L4_
BY BEVFRI FY R 1:Z14n9_liek�co AC` fIr-jr-elin
MY COMMISSION EXPIRES a / 20 / t4
REGISTRATION No. 13 R(N
TAX PARCEL 75 A-2
EXISTING AREA OF T.M. 75-A-2 =
LESS RENAISSANCE DRIVE _
PLUS PORTION OF T.M. 75-A-2B =
ADJUSTED AREA OF T.M. 75-A-2 =
TAX PARCEL 75-A-2B
EXISTING AREA OF T.M. 75-A-2B
LESS RENAISSANCE DRIVE
LESS PORTION TO T.M. 75-A-2
LESS PORTION TO T.M. 75-A-2C
REMAINING AREA OF T.M. 75-A-2B
TAX PARCEL 75-4-2C
EXISTING AREA OF T.M. 75 A-2C
LESS RENAISSANCE DRIVE
PLUS PORT/ON OF T.M. 75-A-2B
ADJUSTED AREA OF T.M. 75 A-2C
Z 9548 ACRES
- 0.6.316 ACRES
+ 0.0078 ACRE
Z JJ 10 ACRES
2.8942 ACRES
- 0.6218 ACRES
- 0.0078 ACRE
- 2.2646 ACRES
0.0000 ACRES
9.4806 ACRES
1.3431 ACRES
+ 2.2646 ACRES
10.4021 ACRES
RENAISSANCE DRIVE RIGHT OF WAY OEOICAR28V
PORTION OF T.M. 75-A-2 = 0- 016 ACRE
PORTION OF T.M. 75-A-2B = + 0.6218 ACRE
PORTION OF T.M. 75-A-2C = + 1.3431 ACRES
TOTAL AREA OF DEDICATION = 2.5965 ACRES
%V .......IVFl1.�'
•• NOTARY
Q : PUBLIC
�t REG. #1381A8
�( COMMISSION Q
� •• p(PIRES .- � `
4 =, o,� •••.....-off ;:
NOTARY PUBLIC
o DENOTES 1/2" IRON REBAR &
CAP SET (UNLESS OTHERWISE
NOTED)
o IRF = 1/2" IRON REBAR FOUND
(UNLESS OTHERWISE NOTED)
= OVERHEAD UTILITY WIRES
= FENCE LINE
BRL
= BUILDING RESTRICTION LINE
PER ZONING ORDINANCE
• CO =
SANITARY SEWER CLEANOUT
FH =
FIRE HYDRANT
GM =
GAS LINE MARKER POST
o GV =
GAS VALVE
® MH =
SANITARY SEWER MANHOLE
o NFP
= NAIL FOUND /N POST
PP =
POWER/TELEPHONE POLE
- SD =
SATELLITE DISH ANTENNA
SP =
SUMP PUMP
° SS =
SEPTIC SYSTEM STRUCTURE
SV =
SPRINKLER VAL VE
TR =
TRANSFORMER CAB/NET
13 TP =
TELEPHONE PEDESTAL
a WM =
WATER METER
• WV =
WATER VALVE
a YH =
YARD HYDRANT
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN —SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
84CK CREEK MAG/STEROL DISTRICT, FREDERICK COUNTY, V/RG/NG4
SCALE. N/A DATE DECEMBER 2, 2011
GREENWAY ENGINEERING, INC.
151 Windy Hill Lane
kA*TW7 Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX- (540) 722-9528
Founded in 1971 www.gr eenwayeng. corn
REY/SED: APRIL 10, 2012
� �ALTH OFt
04
RICHM A EDENS a
IAc. No. 2550
'IyLlb
S Vi4034'
UR _
1461J SHEET 2 OF 9 1
-14
•
MATCH TO SHEET 4
u.
l T.M. 75 A
CARLTON R. NEWEWUN
DB 974 PG 1699
l 4000, ZONE. BJ USE. COMM.
4000
ARC = 9Z 76' I v S14
20' WATERLINE EASEMENTS—i
SEE SHEET 7 FOR DETAIL 5� ,� 20' WATERLINE EASEMENT _
SEE SHEET 7 FOR DETAIL
TT
Og 6 Eq,SEEhE :/I:.� FH
/ : 1 HATCHED AREA DENOTES
96 P T �/ . � ::..j A 20' GAS EASEMENT
G 6p �.: C. N �/ti I. HEREBY ESTABLISHED.
Wm
DOT -SHADED AREA }� I:: - ,� RENAISSANCE DRIVE
DENOTES A VAR/ABLE I VARIABLE WIDTH STRIP CONTAINING
WIDTH, PNNT 2.5965 ACRES HEREBY DEDICATED
SLOPE MAINTENANCE I: A% IZIS 1 TO FREDERICK COUNTY FOR
EASEMENT HEREBY L5-,o / 81 1
�/ DEDICATED. S10 S� 11 PP PUBLIC STREET PURPOSES
`� 0 I S 17
PP BAN 0 29 T
N'V 40.00' :.. MERE 6g0 PO
EXISTING LOT LINES pg
HEREBY VACATED 54.00'
/ TAX ADJUSTED ADJUSTED
PARCEL 75 A 2C TAX PARCEL 75 A-2
SEE SHEET 6 f.. '..'.� SEE SHEET 5
WM I ��
PP I U V { DOT -SHADED AREA
CIV
j DENOTES A VAR/ABLE
10' TEMPORARY WIDTH, PERMANENT
CONSTRUCTION AND SLOPE MAINTENANCE
PERMANENT SLOPE j m :i EASEMENT HEREBY
MAINTENANCE, DRAINAGE i� DEDICATED.
AND INGRESS -EGRESS
EASEMENT HEREBY / h o ..:: o� PP
DEDICATED.
P
Pp / P
P
\%%.. •...
.y. Z8
1701
OB 617¢ PC 6>FNT'0'°19 Z 10 FASE,��ssR
D' 9 Np
6 S 35?749N o\` 6 C 136
SEE SHEET 8 FOR DETAIL
OF SANITARY SEWER v41.4ey 'K 3Pp ' C 1 � PP
EASEMALONG ALSO
THIS SEGMENT g0. 19AP ,19
NQa B 765 PC >) PRO 19p7RF
SEE SHEET 2 FOR LEGEND AND AREA SP
100 0 ER7n, RITC
TABULATION. 100
SEE SHEET 9 FOR LINE DATA, CURVE DATA,
EASEMENT LINE DATA AND NOTES. GRAPHIC SCALE (IN FEET)
FINAL PLAT FOR LOT CONSOLIDATION AND REVISED: APRIL 10, 2012
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC �j�p,LTH
RENAISSANCE DRIVE
SACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIN14 0 �`
SCALE: 1 " = 100' DATE. DECEMBER 2, 2011 � RICHARD A. EDENS y
Lic. No. 2550
GREENWAY ENGINEERING, INC. 4 10 i
151 Windy Hill Lane �Q °
Surveyors
Winchester, Virginia 22602 �d SURv��
�'ors Telephone: (540) 662-4185
Founded in 1971
FAX: (540) 722-9528 4613 SHEET 3 OF 9
www.greenwayeng.com
ESMT 11-14
C,
0
�F P 95 OR/GjiygCCY �y,IV
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DB 583 PG 585
& DB 582 PG 495
I O
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—
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INj
N
AL
JUDIT DB 4/M CATES, 53 PG
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&DB755PG491
ithV
SEE /NST. No. 000013515
3
^ Q I
& INST. No. 110001988
I.
ZONE' RA & B3 USE.- AGRI.
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20' TEMP. GRADING EASEMENT
I
Or
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SERVING T.M. 75 A-2C I=
INST. No. 110001988 �{
~ h
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20' TEMP. GR4D/NG EASEMENT
SERVING T.M. 74—A-71
INST No. 110001988
� I
� I
DOT —SHADED AREA DENOTES fti;
A VAR/ABLE WIDTH,
PERMANENT SLOPE �::
MAINTENANCE EASEMENT .::. � ..
HEREBY DEDIC470 C
N 52'5832" W
521.62' f I
ADJUSTED I
(TAX PARCEL 75 A-2C ... f.
SEE SHEET 6
10' TEMPORARY CONSTRUCTION
AND PERMANENT SLOPE
MAINTENANCE, DRAINAGE AND
INGRESS —EGRESS EASEMENT f
HEREBY DEDICATED.:I 4L
RENAISSANCE DRIVE l: l
VARIABLE WIDTH STRIP
CONTAINING 2.5965 ACRES
HEREBY DEDICATED TO
FREDERICK COUNTY FOR
PUBLIC STREET PURPOSES
WIRE FE
L6
1 `3t`�6 ¢ z� GORE AREA
c_� 14 ,SEE INST. No. 110001988
1 15. O:
C
4—
O
TAX PARCEL z
W; m r A 2R o
1.6927 ACRES
J o
^� DOT —SHADED AREA m 3
DENOTES A
l�I VAR/ABLE WIDTH,
PERMANENT SLOPE 3
MAINTENANCE
9 EASEMENT HEREBY
DEDICATED.
.:.1� S 11 f
35, 512
1 5
60• RL15
20' U71M EASEMENT
r DB 841 PG 1341
rR
//vST. No. /W
N �060013 ,87 `�� �°ROSPE�q/TY
�•4
60' Rom; Oe ; P �A.
G 341
I NI 20' UTILITY — — —
3 'qI EASEMENT \ /
to
cVl DB 841 PG 1341
h
h
� 20' TELEPHONE EASEMENT
to
�I OB 955 PG 1556
hl I '
NI T.M. 75 A-2H
GYJ
2 I CARL TON R. NEN,LIN
DB 974 PG 1699
ZONE- B3
Ip• 40 p p I USE.• COMMERCIAL
i
MATCH SHED 3 100 0 100
oo�t0
NOTE GRAPH/C SCALE (IN FEET)
SEE SHEET 2 FOR LEGEND AND AREA TABULATION.
SEE SHEET 9 FOR LINE DATA, CURVE DATA, EASEMENT LINE DATA AND NOTES
FINAL PLAT FOR LOT CONSOLIDATION AND I REVISED: APRIL 10, 2012
R/GHT OF WAY DEDICATION OF THE LAND OF
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14
SCALE 1 " = 100' DATE.• DECEMBER 2, 2011
GREENWAY ENGINEERING, INC.
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX-7 (540) 722-9528
Founded in 1971 www.greenwayeng.com
OFA
o _-f"4L�.kka-
RICM A. EDENS
Lic. No. 2550
D_sUP"q
4613 SHEET 4 OF 9
ESMT 11-14
f�
T.M. 75—A-2H T.M. 75—A-2I
CARLTON R. NEWLIN GRAYSTONE CORPORATION OF VIRGIN/A
DB 974 PG 1699 /NST. No. 00001 JJ57
ZONE.- B3 SEE /NST. No. 09001151 J QF 295
USE. COMMERCIAL ZONE.• B3 �P� QG
�_20' UTILITY EASEMENT USE' COMMERCIAL lA��\ 6y0
DB 841 PG 1341 N J5'24'19" E a�
19.3o' 5J1.82'
1 /RFC— _ _ _ CHA/NLINK FENCE
S 14 IRS n
20' WATERLINE EASEMENT N
SEE SHEET 7 FOR DETAIL PP Q o m W
S15 PP •WELL �WoW�
CAP ^p =O
��2NW
m�
HATCHED AREA DENOTES -
A 20' GAS EASEMENT
HEREBY ESTABLISHED.
S 16
,
Pp
c0
Ln
�-
m
wm
EXISTING / m
LOT LINES
HEREBY
VACATED
S17PP
/ ADJUSTED
Pp TAX PARCEL
:.:.:.1r-S18 75 A 2
7. JJ 10 ACRES
m
DOT —SHADED AREA
DENOTES A VAR/ABLE
WIDTH, PERMANENT
m ..::::. SLOPE MAINTENANCE
j EASEMENT HEREBY
DEDICATED.
2
2
PP
SP
ROOF DRAIN 1
OUTLET
ENCROACHES 5.4'
W
h h
SV
r�RETA/NING
WALL
CO
N PP 20' SEWER . CO
CARPORT & ACCESS PP
J�S19 EASEMENT
� Pp SHED DB 696 PG 136
L 19 , WELL
50' BRLCAP
PP Z J8' L 17 • CO
fr 16
SV
SNEE SHEET 2 FOR LEGEND AND PP
AREA TABULATION.
SEE SHEET 8 FOR DETAIL OF SANITARY
SEWER EASEMENT ALSO DEDICATED OVER
ADJUSTED TAX PARCEL 75—A-2.
SEE SHEET 9 FOR LINE DATA, CURVE
DATA, EASEMENT LINE DATA AND NOTES.
MH rr
VALLEY PIKE
U.S. ROUTE 11
80' R/W — DB 165 PG 77
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN —SHOEMAKER C
lRF 190'f TO
PROSPERITY DRIVE
100 ORTE. 1129
100
GRAPHIC SCALE (IN FEET)
REVISED. APRIL_ 10, 2012
OMPAN/ES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
SACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE. 1 " = 100' PATE' DECEMBER 2, 2011
GREENWAY ENGINEERING, INC.
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng.com
p,I,TH OFG
4
RIC&RD A. EDENS
Lic. No. 2550
410-•z.
SUR _
461 J SHEET 5 OF 9
ESMT 11-14
20' TEMP. GRADING EASEMENT
WIRE FENCE L22 IRF SERVING T.M. 75 A-2C ---I
— *—o�-o-- INST. No. 110001988 Z PORTION OF
IRF �Gp,� I ADJUSTED TAX
1 o I PARCEL
C 10_ 75-A-2C
SEE SHEET 4
�� /ysyio\ 'pin C 1>60. I
GF �g5 �40, moo\ IRF I C 12
QG�3r y�
6� IRF
co
I:::.
DOT -SHADED AREA `b }
..:1: V' 41
DENOTES A VARIABLE �b
WIDTH, PERMANENT SLOPE
MAINTENANCE EASEMENT ::::j I Q
I HEREBY DEDICATED. :::::I: W
3 ADJUSTED TAX -4:4 Ic Z CARLTON R.ANEwLIN
I I.
o PARCEL 75 A -2C I : a "' DB 974 PG 1699
10.4021 ACRES zv ZONE- 83
c� I: h N USE.• COMMERCIAL
O 10 TEMPORARY CONSTRUCTION at
m
ss y m Z
Z h AND PERMANENT SLOPE m I W W
MAINTENANCE, DRAINAGE AND u� y
o 2 INGRESS -EGRESS EASEMENT '
N Z m n i HEREBY DEDICATED. I __
j ^ �' 20' WATERLINEi ��FH I
v CL j EASEMENT WM 0 M I I ARC = 9Z 76'
n m m SEE SHEET 7 I I ((77
-tI lV IK EXISTING LOT
h Z ,h FOR DETAIL I I 5. LINES HEREBY
0 3 a 20' WATERLINE I I S°3�: F TR I VACATED
O EASEMENT — I i-- G'V wM
p WMm DB 696 PG 603
�n S2 I DOT -SHADED AREA
r:.. DENOTES A VARIABLE
IRF S 35OJ2'35I# W 3/4 WIDTH, PERMANENT
225.00' IRF �: \ . SLOPE MAINTENANCE
o I AYH EASEMENT HEREBY
o SO DEDICATED.
O
NOTE Z _� h Z N I m C 14 �o� L24
SEE SHEET 2 FOR LEGEND S v� '� v^- �` Q Q "' \ WV p 7
AND AREA TABULATION. � W I h I A\ �+'� W
SEE SHEET 8 FOR DETAIL Q p r p m Z 3^� `� A SS \ Zj
OF SANITARY SEWER h p m .. m 3 I SS • CO m (i
EASEMENT ALSO DED/GATED ^ 4 N 2 0 " '` '� `�' "' � � W
OVER ADJUSTED TAX - a 9 v _ _ _ CO . WM \ ; Q IQ m m
PARCEL 75 A-2C. I; 2 m W ;� CULVERTI I " 1 9
SEE SHEET 9 FOR LINE - o a BUILDING PP I
DATA, CURVE DATA, o P' h I 4 4
EASEMENT LINE DATA, KEY v p 2 I L25
TO ADJOINING PROPERTY
OWNERS AND NOTES. 50' BRL I
00
PP TT SIGN L27 L26
150 0 -- 150 3/4 ` lRF o PP L28 PP PP --
'1 T q\
10' GAS EASEMENT VALLEY PIKE
DB 674 PG 677 PROSPERITYITY DRIVE
V
GRAPHIC SCALE U.S. ROUTE 11 RTE. 1129
(IN FEET) 80' R/W - DB 165 PG 77
FINAL PLAT FOR LOT CONSOLIDATION AND REVISED: APRIL 10, 2012
RIGHT OF WAY DEDICATION OF THE LAND OF p,LTH OF
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC �q p
RENAISSANCE DRIVEo
BACK CREEK MAGISTERIAL D/STRICT, FREDER/CK COUNT l , WRG/NIA RICHARD A. EDENS
SCALE. 1 = 150 DATE.• DECEMBER 2, 2011
Lic. No. 2550
GREENWAY ENGINEERING, INC.
151 Windy Hill Lane o
Engineers
Winchester, Virginia 22602 SjTRv�'�
Surveyors Telephone: (540) 662-4185
FAX: (540) 722-9528 4613 SHEET 6 OF 9
Founded in 1971 www.greenwayeng.com
ESMT 11-14
0)
NOTE
SEE SHEET 2 FOR
LEGEND AND AREA
TABULATION.
SEE SHEET 9 FOR
LINE DATA, CURVE
DATA, EASEMENT LINE
DATA, KEY TO
ADJOINING PROPERTY
OWNERS AND NOTES.
ERA 6� eG 2
08
FI-VIIAVA
i
W
r7
Q a -
I
N
N
QLzj '
W6 ARC = 11.28'
ARC = 29.16'
DOT —SHADED AREA
I:':;:;•:":..ice
DENOTES A 20'
WATERLINE EASEMENT
HEREBY DEDICATED.
�.......
TPo
rn
0 TR
HATCHED PORTIONS OF
EXISTING WATERLINE
EASEMENT PER
DB 696 PG 60J
HEREBY VACATED.
20' WATERLINE A' ' " (A
EASEMENT
— — DB 696 PG 60J
W5
WV
--------r---------
f 1�14
IN
T
EXISTING LOT
LINES HEREBY
VACATED
50
0
50
GRAPHIC SCALE
(IN FEET)
GV
I
I
I
T.M. 75 A-2H
CARLTON R. NEWLIN
DB 974 PG 1699
ZONE- B3
I
USE- COMMERCIAL
I
I
20UTILITY EASEMENT
841 PG 1341
I
I
I
01 _ A/ 35'24'19" E
344 — 531.82'
W4
DOT —SHADED AREA
DENOTES A 20'
I WATERLINE EASEMENT
HEREBY DEDICATED.
I�
i
NI
IIh EXISTING LOT
LINES HEREBY
JNj VACATED
Sri
a
9�
N I N
l
Q Q
^Ir\
o
oYH
�n
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
84CK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGlNG4
SCALE. 1 " = 50' DATE• DECEMBER 2, 2011
GREENWAY ENGINEERING, INC.
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng. coin
HATCHED PORTION OF
EXISTING WATERLINE
EASEMENT PER
DB 696 PG 603
HEREBY VACATED.
PP
1�\
TT ISED. APRIL_ 10, 2012
_LTx OFL,r
o �
RICHARD A. EDENS
Lic. No. 2550
UR _
461J SHEET 7 OF 9
ESMT 11-14
0)
WM
VPP
ADJUSTED
TAX PARCEL 75—A-2C
SEE SHEET 6
N
DOT —SHADED AREA
DENOTES A 20' SS,3
SANITARY SEWER L25
EASEMENT HEREBY
DEDICATED. c� ;
��.... 6
i
94.00'
8.g2� PP
8,
L27�p�—�• 28, p8,
�28
0
PP
0V,RHEgp K'M
UT/Ll7}' W/RES
V''444ey plk
US
80' �
R/{y_ROBU
��
165
7 7
SANITARY SEWER EASEMENT LINE DATA
LINE
BEARING
DISTANCE
S51
S 3524'09"
W 7.50'
S52
N 543551 "
W 20.00'
SS3
N 3524'09"
E 22.50'
S54
N 3524'09"
E 18.47'
SS5
N 67' 1741 "
E 66.76'
SS6
S 5626'11 "
E 2.69'
IPA ?of 29
MERE 650 P
95
ADJUSTED
TAX PARCEL 75—A-2
SEE SHEET 5 f
/ DOT —SHADED AREA
SS-4 DENOTES A VARMBLE
,..1 WIDTH SANITARY
f� SEWER EASEMENT
�j�' \ HEREBY DEDICATED.
°........ ., SS6
�4292,� L 17
PP S 35:22,09" W
487.34
50 0 50
GRAPHIC SCALE
(IN FEET)
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
84CK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1 " = 50' DATE' DECEMBER 2, 2011
GREENWAY ENGINEERING, INC.
-(0— 151 Windy Hill Lane
Engineers Winchester, Yiiginia 22602
Surveyors Telephone: (540) 662-4185
FAX.• (540) 722-9528
Founded in 1971 www.greenwayeng. coin
NQa
SEE SHEET 2 FOR LEGEND
AND AREA TABULATION.
SEE SHEET 9 FOR LINE DATA,
CURVE DATA, EASEMENT LINE
DATA, KEY TO ADJOINING
PROPERTY OWNERS AND
NOTES
REVISED: APRIL_ 10, 2012
e.�p,LTH 0 ft
o �
RICHARD A. EDENS
Lic. No. 2550
4-ro-z
SUR _
1 4613 SHEET 8 OF 9
r)
riATA
CURVE
Cl
C2
C3
C4
C5
C6
C7
C8
C9
CIO
Cil
C12
C 13
C14 I
Cl5
DELTA ANGLE
25' 13'35"
26'50'59"
25'0639"
03'5848"
2151 '39"
26'S059"
20'09'45"
20'09745"
26'50'59"
06 51 '06"
2T3538"
825727"
2 P51 '39 "
03'5848"
25'06'39"
RADIUS
762.00'
762.00'
708.00'
816.00'
852 000'
722.00'
802.00'
802.00'
722.00'
428.28
330.00'
25.00'
802. 00'
816.00'
708.00'
ARC LENGTH
335.49'
357.09'
310.29'
56.68'
306.00'
338.34'
28223'
282.23'
338.34'
51.22'
158.93'
36.20'
306. 00'
56.68'
310.29'
✓1 f/1
TANGENT
170.51 '
181.88'
157.68'
28.35'
154.88'
172.34'
142.59'
142.59'
17Z34'
25.64'
81.04'
22.10'
154.88'
28.35'
157.68'
CHORD BEARING
N 67' 12'44 " W
N 66'24'02" W
N 6716'12" W
N 7T50'07" W
N 63'54'21 -"W
S 66'2_4 02" E
S 69'4439" E
N 69'4439" W
N 6624'02" W
N 972 6'18" E
N 57*5150" E
N 85'3245" E
S 6354'21 " E
S 7T50'07" E
S 6T16'12" E
CHORD LENGTH
332.79'
353.83'
JOZ82'
56.67'
304.14'
335.25'
280.77'
280.77'
335.25'
51.19'
157.40'
33.12'
304.14'
56.67'
307.82'
WATERLINE EASEMENT CURVE DATA
CURVE DELTA ANGLE I RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH
WC1 14'44'07" 822.00' 211.40' 106.29' N 61'08'S6" W 210.82'
UIVF nATa
NOTES
1. THE BOUNDARY INFORMATION SHOWN ON THIS
PLAT IS BASED ON A CURRENT FIELD SURVEY
BY THIS FIRM.
2. NO 77TLE REPORT FURNISHED. EASEMENTS
MAY EXIST WHICH ARE NOT SHOWN.
SLOPE MAINTENANCE EASEMENT LINE DATA
LINE
BEARING
DISTANCE
S 1
S 24' 19'20" W
20.00'
S2
N 65'4040" W
176.98'
Si
N 58'43'20" W
29.69'
S4
N 14'43'20" W
27.79'
S5
S 76.2835" W
25.90'
S6
N 52 58'32" W
39.25'
S7
N 61'15'26" W
101.87'
S8
N 51'14'45" W
172.42'
S9
N 37*01 '28" E
29.76'
S10
S 55 J2460 E
27.54'
Si l
N 58'18'22" E
64.52'
S 12
N 43'48'18" E
72.6 1'
S13
S 84'00'09" E
31.60'
S 14
S 542847" E
45.48'
S15
S 62'4829" E
118.39'
S16
S 7555'18" E
110.23'
S17
S 81'4327" E
73 56'
S18
S 70'3234" E
174.47'
S19
S 61'5848" E
203.41 '
WATERLINE FASF,UFAIT l /A/,- nATA
KEY TO ADJO" PROPERTY OWNERS
T.M. 74-A-71
JUDITH BRIM CATES, ET AL
A DB 453 PG 35 & DB 755 PG 491
SEE INST Nos. 000013515 & 110001988
ZONE' RA USE: AGRICULTURAL
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE- N/A DATE DECEMBER 2, 2011
GREENWAY ENGINEERING, INC.
151 Windy Hill Lane
Engineers Winchester; Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX: (540) 722-9528
Founded in 1971 www.greenwayeng.coin
REVISED: APRIL_ 10, 2012
�471 j ,LTH 0 P
4
RICWD A. EDENS
Lic. No. 2550
4--1�-�
SUR _
461 J SHEET 9 OF 9
ESMr 11-14
Greenway Engineering
40 November 30, 2011
Revised January 18, 2012
REZONING
PROPERTY
RENAISSANCE COMMERCIAL CENTER
PROFFER STATEMENT
RECORD OWNER
APPLICANT
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE
Preliminary Matters
RZ#0Z`/Z
Tax Parcel #75-((A))-2C: 8.9817± acres from the B-3 (Industrial
Transition) District to the B-2 (General Business) District, with proffers,
and 0.4989± acres from the RA (Rural Areas) to the B-2 (General
Business) District, with proffers
Tax Parcel #75-((A))-2R: 1.5527± acres from the B-3 (Industrial
Transition) District to the 13-3 (Industrial Transition) District, with
proffers, and 0.1439± acres from the RA (Rural Areas) to the B-3
(Industrial Transition) District, with proffers
Tax Parcels #75-((A))-2C, and 75-((A))-2R,
(hereinafter the "Property")
Bowman -Shoemaker Companies, Inc., and Alizarin Crimson, LLC
Bowman -Shoemaker Companies, Inc., and Alizarin Crimson, LLC
(hereinafter the "Applicant")
Renaissance Commercial Center
November 30, 2011
January 18, 2012
Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application # P.2-/for the rezoning of 9.48±-acres
from the B-3 (Industrial Transition) District and the RA (Rural Areas) District to the B-2
(General Business) District and 1.69±-acres from the 13-3 (Industrial Transition) District and the
RA (Rural Areas) District to the B-3 (Industrial Transition) District, development of the subject
property shall be done in conformity with the terms and conditions set forth herein, except to the
extent that such terms and conditions may be subsequently amended or revised by the Applicant
and such be approved by the Frederick County Board of Supervisors and their legal successors,
heirs, or assigns in accordance with the said Code and Zoning Ordinance. In the event that such
rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect
whatsoever. In the event the Board of Supervisors of Frederick County, Virginia, shall approve
Rezoning Application #0,2-1a , these proffers shall be binding upon this Applicant and their
legal successors, heirs, or assigns.
Pile 11,1613 Rezoning Proffer Statement
Greenway Engineering November 30, 2011 2
Revised January 18, 2012
The Property, more particularly described as the land owned by Bowman -Shoemaker Companies,
Inc., being all of Tax Map Parcel 75-((A))-2C, and further described by Instrument Numbers
110001988, and the land owned by Alizarin Crimson, LLC, being all of Tax Map Parcel 75-
((A))-2R, and further described by Instrument Number 110001988. (Please refer to Rezoning
Application Deed Information).
PROFFER STATEMENT
A Renaissance Drive Right -of -Way Dedication
The Applicant hereby proffers to dedicate a variable width right-of-way to
Frederick County to allow for the construction of Renaissance Drive as described
in the Revenue Sharing Agreement between the County of Frederick, Renaissance
Commercial Center, Inc., and Alizarin Crimson, LLC, a copy of which is attached
with this rezoning application. A variable width right-of-way dedication plat is
provided as an exhibit with this rezoning application, which conforms to the final
geometry design plan prepared by Greenway Engineering, Inc., with said right-of-
way being dedicated at no cost to Frederick County. The plat for this right-of-
way dedication will be recorded among the land records of Frederick County
within 30 days of final non -appealable rezoning approval by the Frederick County
Board of Supervisors.
2, The Applicant hereby proffers to dedicate a right-of-way that is 80 feet in width
on a portion of Tax Map parcel 75-((A))-2C to allow for the future extension of
Renaissance Drive from the limits of the project described in [lie Revenue Sharing
Agreement to the CSX railroad right-of-way. This right-of-way dedication shall
be provided at no cost to Frederick County, and shall be provided to Frederick
County within 90 days of written request by the County.
B. Land Uses Restrictions
1. The Applicant hereby proffers to prohibit the following land uses on Tax Map
Parcel 75-((A))-2C and Tax Map Parcel 75-((A))-2R:
Truck Stops — SIC 5541
Adult Retail — No SIC
C. Fire and Rescue Monetary Contribution
1. The Applicant hereby proffers to provide a monetary contribution in the amount
of $0.05 per square foot of structural development for all land uses within the
Property. This monetary contribution shall be provided to Frederick County for
fire and rescue purposes prior to the issuance of a certificate of occupancy permit
for each building permit issued within the Property.
Pile 414613 Rezoning Proffer statement
Greenway Engineering • November 30, 2011 is
Revised January 18, 2012
Proffer Statement Applicant Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns
and successors in the interest of the Applicants and owners. In the event the Frederick County
Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions
shall apply to the land rezoned in addition to other requirements set forth in the Frederick County
Code.
Respectfully Submitted:
By: / Date: L- I 1 17
Bowl &,"'LLaShoemaker Companies, Inc.
Commonwealth of Virginia,
City, ounty o EU'e(-fc'a/1C;1L- To Wit:
The foregoing instrument was acknowledged before me thin —'day of -J aVl Jal"
�0� .tS6v , by r(e c. b
.. . �<
O " �'t�'Fy' 10
:U OF x'
T'Ivl.y'C'61 iniission Expires Z
tl)r`Vt'LyI
00M�W e6
Notary Public
Registration No.: ZC L' t 0 IZ2
By: �)� ��), 1(Y! A Pq'» -V,L ��Zii,� . Date: (-
Alizarin rimson, LLC
Commonwealth of Virginia,
City/ oullty f F`Teu4e'-lCAL To Wit:
The foregoing instrument was acknowledged before me thi'j'�hlly of - all ycc�
U OF
/Ayjj y'Iiln9ssion Expires ZQ Z
1'7`Al�l f1 �l.lcl
IvU UV�� �• ����}(X�l.�(�J
Notary Public
Registration No.: I
File #4613 Rezoning Proffer Suatemenl
Fe
COUNTY of FREIDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
January 9, 2012
Mr. Evan Wyatt
Greemvay Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Proposed Rezoning of the Renaissance Commercial Center
Property Identification Numbers (PINs): 75-A-2C & 75-A-2R
Dear Evan:
i have had the opportunity to review the draft rezoning application for the Renaissance
Conllrlercial Center. This appllcatloll seeks to rezone 8.9817 acres from the B3 (industrial
Transition) District to the B2 (Business General) District and 0.1439 acres from the RA (Rural
Areas) District to the B3 (Industrial Transition) District with proffers (total of 9.6245 acres).
Staff's review continents are listed below for your consideration.
1. Agency Comments. Please provide appropriate agellcy coll"llellts front the following
agencies: Virginia DeparUnent of "transportation, Frederick County Department of
Public Works, Frederick County Fire Marshall, Frederick County Sanitation Authority,
Frederick -Winchester Flealth Department, the local Fire and Rescue Company and the
Frederick -Winchester Service Authority.
2. Special Limited Power of Attorney. Provide a Power of Attorney for the property
owners.
3. Fees. The fee for this application includes a $10,000.00 base fee plus $100.00 per acre,
and a $50.00 public hearing sign fee. This is based on fees as of April 28, 2008. Fees
ilia), change.
All of the above comments and revicNving agency comments should be appropriately addressed
before staff can accept this rezoning application. Please feel free to contact me with questions
regarding this application.
Sincerely,
Candice E. Perkins, A1CP
Senior Planner
Attachments
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
COUNTY of FREDERICK
ROdCI'1Ck B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail:
rwillia@co.frcderick.va.us
January 3, 2012
VIA FACSIMILE — (540) 772-9528 — AND REGULAR MAIL
Mr. Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester VA 22602
Re: Renaissance Commercial Center — Tax Parcel Numbers 75-A-2C & 75-A-
2R — Proposed Rezoning Proffer Statement dated November 30, 2011
Dear Evan:
You have submitted to Frederick County for review the above -referenced
proposed proffer statement (the "Proffer Statement") for the proposed rezoning of Tax
Parcel Numbers 75-A-2C & 75-A-2R (the "Property"), owned by Bowman -Shoemaker
Companies, Inc. and Alizarin Crimson, LLC, in the Back Creek Magisterial District,
specifically, for Tax Parcel Number 75-A-2C, 8.9817± acres from the B3 (Industrial
Transition) District to the B2 (Business General) District and 0.4989± acres from the RA
(Rural Areas) District to the B2 (Business General) District, all with proffers, and, for
Tax Parcel Number 75-A-2R, 0.14± acres from the RA (Rural Areas) District to the B3
(Industrial Transition) District, with proffers for the entire tax parcel. I have now
reviewed the Proffer Statement and it is my opinion that the Proffer Statement would 1,e
in a form to meet the requirements of the Frederick County Zoning Ordinance and the
Code of Virginia, and would be legally sufficient as a proffer statement, subject to the
following comment:
• For clarity with respect to exactly what is being rezoned and how, on the first
page, next to "REZONING:", I would recommend specifying the acreages at
issue for each parcel, such as:
REZONING: RZ #
Tax Parcel Number 75-A-2C: 8.9817± acres from the B3
(Industrial Transition) District to the B2 (Business General)
District. with proffers, and 0.4989± acres from the RA
107 North Kent Street • Winchester, Virginia 22601
Mr. Evan Wyatt
January 3, 2012
Page 2
(Rural Areas) District to the B2 (Business General)
District, with proffers
Tax Parcel Number 75-A-2R: 0.14± acres from the RA (Rural
Areas) District to the B3 (Industrial Transition) District,
with proffers, and 1.5527± acres from the B3 (Industrial
Transition) District to the B3 (Industrial Transition)
District, with proffers
The reference to the 1.5527± acre portion of 75-A-2R is to make clear that the
proffers would apply to the entirety of the parcel, including the portion already
zoned B3, as I believe that may be part of the intention of the proposed rezoning.
Finally, it may be h.lpfid as well Io include a man exhibit with the package that
shows the properties with the zoning designations as proposed.
I have not reviewed the substance of the proffers as to whether the proffers are
suitable and appropriate for this specific development, as my understanding is that that
review will be done by staff and the Planning Commission.
Sine r
Roderick B. Williams
County Attorney
cc: Michael L. Bryan, Esq., Bryan & Coleman (via facsimile and regular mail)
Candice E. Perkins, AICP, Senior Planner, Frederick County
9r�:i rs fl �i7�:�I
G'f I E 1\1 VVAY
ENGH,,'IEERING
0 •
• Rezoning Comments
Virginia Department of Transportation
•
0
Mail to:
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
Hand deliver to:
Virginia Department of Transportation
Attn: Resident Engineer
2275 Northwestern Pike
Winchester, Virginia 22603
Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department
of Transportation with their review. Attach three copies of your application form, location map, proffer
statement, impact analysis, and any other pertinent information.
Applicant's Name: Greenway Engineering, Inc.
Mailing Address: 151 Windy HIII Lane
Telephone: 540-662-4185
Winchester, VA 22602
Location of property: West side of Valley Pike (US Route 11 South); approximately
1/2-mile south of the Route 37 Interchange near Interstate 81
Exit 310
Current zoning: Zoning requested:
Acreage:
Virginia Department of Transportation Comments:
See attached email from VDOT to CreenNgayErigineering rlat•ari
December 22, 2011.
VDOT Signature & Date:r� _ 12/22/11
Notice to VDOT - Please Return Form to Applicant
FIN
Renaissance Commercial Center- VDOT Comments to Rezoning • Page I of I
Evan Wyatt
0From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd
[Lloyd.Ingram @ VDOT.virginia.gov]
Sent: Thursday, December 22, 2011 3:48 PM
To: Evan Wyatt
Cc: John Bishop; elawrence@co.frederick.va.us; Smith, Matthew, P.E.; Ingram, Lloyd
Subject: Renaissance Commercial Center - VDOT Comments to Rezoning
The documentation within the application to rezone the subject property appears to
have a measurable impact on Route 11. This route is the VDOT roadway which has
been considered as the access to the property referenced.
VDOT is satisfied that the transportation proffers and plats offered in the Renaissance
Commercial Center Rezoning Application dated November 30, 2011 address
transportation concerns associated with this request.
Before development, this office will require a complete set of construction plans
detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip
Generation Manual, Seventh Edition for review. VDOT reserves the right to comment
on all right-of-way needs, including right-of-way dedications, traffic signalization, and
off -site roadway improvements and drainage. Any work performed on the State's right-
of-way must be covered under a land use permit. This permit is issued by this office
and requires an inspection fee and surety bond coverage.
•
Thank you for allowing us the opportunity to comment.
<<Comment_Sheet.pdf>>
Lloyd A. higi-anl, Land Development Engineer
VA Depadinent of Transportation — Land Development
Clarke, F1'ederick, Shenandoah & Warren Counties
14031 Old Valley Pike
Edinbi11'g, Vll'gh7ia 22824
Phone #(540) 984-5611
Fax # (540) 984-5607
191
1 /9/2012
Fax from : 504 5:i5 3JOU 9
i
Rezoning Comments
Frederick County Fire Marshal
Mail to: Hand deliver to:
Frederick County Fire Marshal Frederick County Fire & Rescue Dept.
1800 C.overstone Drive Attn: Fire Marshal
Winchester, Virginia 22602 Public Safety Building
(540) 665-6350 1800 Coverstone Drive
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County
Fire Marshal with his review. Attach a copy of your application form, location map, proffer, statement,
impact analysis, and. any. other:pertinent ;tnforuia,-i6n:.,
Applicant's Name: Greenway Engineering, Inc.
Mailing Address: 151 Windy Hill Lane
Telephone: 540-662-4185
Winchester, VA 22602
Location of property: West side of Valley Pike (US Route 11 South); approximately
1/2-mile south of the Route 37 interchange near Interstate 81
Exit 310
Current zoning: Zoning requested:
Acreage:
Fire Marshal's Comments:
Al kis r� o,s ��bt�j1-7 en,�
Fire Marshal's Signature & Date:
Notice to Fire Marshal - Please Return This Form to the Applicant
22
Fax from : 594 535 3900 111-11-16 l4:ee ry: L
Frederick County Fire: and Rescue
Department
Off ice..6f the Fire!Mars.hal
}plan Review and.Comments
Control number Date received
Rz 11 -0004 12/20/2011
Project Name
Renaissance Commercial Center Rezoning
Address City
151 Windy hill Lane Winchester
Type Application Tax ID Number
Rezoning 75-A-2C&2R
Current Zoning
B2&B3
Automatic Sprinkler System
Yes
Other recommendation
Emergency Vehicle Access
Siamese Location
Emergency Vehicle Access Comments
Access Comments
Additional Comments
Pins ApJroved as Sut-i-nitted
Plan Approval Recommended
Yes
Date reviewed Date Revised
1/11/2012
Applicant
Greenway Engineering
State Zip Applicant Phone
VA 22602 540-662-4185
Fire District Rescue District
11 11
Recommendations
Automatic Fire Alarm System
Yes
Require:me,,i,ts
Hydrant Location
Roadway/Aisleway Width
Election District
Back Creek
Residential Sprinkler System
No
Fire Lane Required
No
Special Hazards
No
Reviewed By Signature
S. Mark Showers
Title
Rezoning Comments
Frederick County Department of Public Works
Mail to:
Frederic]( County Dept. of Public Works
Attn: Director of Engineering
107 North Kent Street
Winchester Virginia 22601
(540) 665-5643
Hand deliver to:
Frederick County Dept. of Public Works
Attn: Director of Engineering
County Adinihistration Bldg, Suite 202
167 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as' accurately, as:possible• in order to assist the Department.of
"�1?ublic;aWorks,�w�tlizhlieir',rew iew,i�iittacti a, cojiy�`�f�ry�o}ir•';applicon, f�"r•m'localon�;mapfl; proffer'
tateme'nt„inpactaiialysis�fand;any otlier perLtirient.informatio'n: ��, i, �'y �Nu,,w� �'�' r,a� a �,•
7. w. ,r. 4 .,• _ ..�.�h1r. �ti� �.•. 1 i.. exvt:r i �i'.� t' G• �}; 6x
Applicant's Nall1e• Greenway.Engineering, Inc.
Mailing Address: 151 Windy Hill Lane
Telephone: 540-662-4185
Exit 310,
Location of property• West side of Valley Pike (US Route 11 South); approximately
1/2-mile south of the Route 37 interchange near Interstate 81
Exit 310
Current zoning: Zoning requested. Acreage:
Department of Public Work's Comments:
�Puhttc �dv�cs Qe�av`�yYlnft sc�c�r �I�IPos
a,� n1,j s Ow.
w �n
Pu tic �ahs Signature Dat1
t lo�2alZ
Notice to Dept. of Pu c Works = Please Return 'hi -Fo I,. to th Applicant
p
21
0 9
Rezoning Comments
Frederick County Sanitation Authority
Mail to:
Frederick County Sanitation Authority
Attn: Engineer
P.O. Box 1877
Winchester, Virginia 22604
(540) 868-1061
IIand deliver to:
Frederick County Sanitation Authority
Attn: Engineer
315 Taskcr Road
Stephens City, Virginia
Applicant:' Please fill out the information as accurately as possible in order to assist the Sanitation Authority
with their review. Attach a copy of your application form, location map, proffer statement, impact
analysis, and any other pertinent information.
Applicant's Name: Greenway Engineering, Inc.
Mailing Address: 151 Windy Hill Lane
Telephone: 540-662-4185
Winchester, VA 22602
Location of property: West side of Valley Pike (US Route 11 South); approximately
1/2-mile south of the Route 37 interchange near Interstate 81
Exit 310
Current zoning: Zoning requested:
Acreage:
Sanitation Authority Comments:
Sanitation Authority Signature &Date:
Notice to Sanitation A t rority - Please Return This Form to the Applicant
25
GREENWAY
ENGINEERING
Rezoning Comments
Frederick -Winchester Service Authority
Mail to:
Fred -Wine Service Authority
Attn: Jesse W. Moffett, Executive Director
P.O. Box 43
Winchester, Virginia 22604
(540) 722-3579
Hand deliver to:
Fred-Winc Service Authority
Attn: Jesse W. Moffett
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the Fred -Wine Service
Authority with their review. Attach a copy of your application form, location map, proffer statement,
impact analysis, and any other pertinent information.
Applicant's Nanle: Greenway Engineering, Inc.
Mailing Address
151 Windy Hill Lane
Winchester, VA 22602
Telephone: 540-662-4185
Location of property: West side of Valley Pike (US Route 11 South); approximately
1/2-mile south of the Route 37 interchange near Interstate 81
Exit 310
Current zoning:
Zoning requested:
Acreage:
Fred-Winc Service Authority's Comments:
rin CUolmalig
Fred-Winc Service Authoi't 's��
Signature & Date:
Notice to Fred-Winc Service Authority - Please Return Form to Applicant
33 1 1.j} is I :' 2011
G'IR- EENWAY
EN(3-INEERING
k'ax 1'roM : bgVbb44Jdb
M
10
Rezoning Comments
Winchester Regional Airport
Mail to:
Winchester Regional Airport
Attn: Executive Director
491 Airport Road
Winchester, Virginia 22602
(540) 662-2422
'Hand deliver to:
Winchester Regional Airport
Attn: Executive Director
491 Airport Road
(Rt. 645, off of Rt. 522 South)
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the Winchester
Regional Airport with their review. Attach a copy of your application form, location map, proffer
statementt, xmpact,analysis, and any other pertinent jnfornaation�. .
Applicants Name: Greenway Engineering, Inc.
Mailing Address: 151 Windy Hill Lane
Telephone: 540-662-4185
Winchester, VA 22602
Location of property: west side of Valley Pike (US Route 11 South); approximately
1/2-mile south of the Route 37 interchange near Interstate 81
Exit 310
Current zoning: Zoning requested:
Winchester Regional Airport's Comments:
Winchester Regional Airport's A �LA a OSignature & Date: f�(\1 A Q
Acreage:
Notice to Winchester Regional Airport -Please Return Form to Applicant
30
U1-1G-16 tr.'2:;P ry• i
Fax from
5466
y
s�avuis rye
TOP Of VlRG;NIA
0 0
WINCHESTER REGIONAL AIRPORT
January 12, 2012
491 AIRPORT ROAD
WINCHESTER, VIRGINIA 22602
(540) 662-5786
Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
Re: Rezoning Comment
Renaissance Commercial Center
Back Creek Magisterial District
Dear Mr. Wyatt:
The proposed rezoning request has been reviewed and it appears that it will not
impact operations at the Winchester Regional Airport.
Thank you for the opportunity to review this request.
Sincerely,
S. R. Manuel
Executive Director
0
COUNTY of FREDRRICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
January 17, 2012
Evan Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: Renaissance Commercial Center Rezoning
Dear Mr. Wyatt:
This letter will serve as my comment on the Renaissance Commercial Center Rezoning. I am
satisfied that the transportation proffers contained in your application are sufficient to aid in the
improvement of the transportation network serving the subject property.
Sincerely,
John A. Bishop, AICP
Deputy Director — Transportation
JAB/bled
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
0
July 28, 2011
Mr. Evan Wyatt, AICP
Director of Planning
Greenway Engineering
151 Windy 1-I111 Lane
Winchester VA, 22601
COUNTY of FRRDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/665-6395
RE: Renaissance Commercial Center Rezoning - TIA Waiver Request
Dear Mr. Wyatt:
I have reviewed your request for a waiver of TIA for the above named rezoning. I concur with your
assessment that a TIA is not needed due to the following reasons:
A. The zoning change will not result in an appreciable increase in traffic that would necessitate
study.
B. Several other studies have been done in the area that assure build -out of this and
surrounding properties, and the needs of that study are already dealt with via other
agreements with properties under the control of your client.
C. As referenced above, your client is already in the process of partnering with Frederick
County to resolve any potential negative transportation impacts of this rezoning, as well as
implementation ofthe Eastern Road Plan in this area.
Please contact me should you have any other questions or concerns related to tills rezoning or any
other transportation issue in Frederick County.
Sincerely,
John A. Bishop, AICPP
Deputy Director -Transportation
JAB/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-S000
�- REENWAY ENGINEERING,
151 Windy I fill lane
Winchester, Viiginia 22602
I
I ounded in 1971
January 19, 2012
Frederick County Planning Department
Attn: Candice Perkins, Senior Planner
107 North Kent Street
Winchester, VA 22601
RE: Renaissance Commercial Center Rezoning Review Agency Comments
Dcar Candice:
The purpose Of this letter is to provide a comment response regarding the review agency
comments that we received for the referenced rezoning proposal. Please note the
following:
1) Agencies Recommending Approval and/or No Comments — Frederick County
Planning Department, Frederick County Transportation Planning, VDOT, FCSA,
FWSA, Frederick County Public Works, Frederick County Fire Marshal,
Winchester Regional Airporl.
2) Frederick County Attorney Comments — Greenway Engineering revised the
Proffer Statement to reflect the acreage within the rezoning application as all of'
tax map parcels 75-((A))-2C and 75-((A))-2R will be subject tO the proffered
conditions. Greenway Engineering also prepared a Zoning Exhibit dated January
18, 2012 as recommended by the County Attorney. It should also be noted that
Greenway Engineering revised the Impact Analysis Statement accordingly to
reflect the new acreages.
Please review this ini-ormation and contact me if' you have any questions, Or II you IICCCI
anything else at this time. Thank you for your assistance with this project.
Sincerely,
Evan Wyatt, AICP
Greenway Engineering
Engineers surveyors Planners I?nviIoil mental Scientists
Telephone 540-662-4185 FAX 5,10-722-9528
Project V4613/I:AW www.grccnwaycng.com
0
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
JallLiary 9, 2012
Mr. Evan Wyatt
Grecnway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
RF: Proposed Rezoning of the Renaissance Commercial Center
Property ideati ication Numbers (I?I1`:s): 75•-A-2C & 75-A-2It
Dcat' Evan:
I have had the opportunity to review the draft rezoning application for the Renaissance
Commercial Center. This application seeks to rezone 8.9817 acres fi•onl the B3 (Industrial
Transition) District to the B2 (Business General) District and 0.1439 acres G•onl the RA (RLn'al
Areas) District to the B3 (Industrial Transition) District with proffers (total of 9.6245 acres).
Staff's review conllnents are listed below for your consicleration.
1. Agency Comments. Plcase provicle appropriate agency conlllicnts from the following
abellcics: Vlrglllla DcpartnlCnt of Ti-ansportatlOn, Frecicrick County Department of
Public Works, Frederick County Fire Marshall, Frederick County Sanitation Authority,
Frecerick-Winchester Health Department, file local Fire and Rescue Company and the
Frederick -Winchester Service Authority.
2. Special Limited Power of Attorney. Provide a Power of Attorney for the property
owners.
3. Fees. "file fee for this application inclucles a $10,000.00 base fee plus $100.00 per ael-c,
and a $50.00 public hearing sign fee. This is based on fees as of April 28, 2008. Fees
nlay cllange.
All of the above conlnlents anti reviewing agency comnlcnts should be appropriately addressed
before staff can accept this rezoning application. Please feel free to contact nlc with questions
regarding this application.
Sincerely,
Canclice E. Perkins, AICP
Senior Planner
Attachments
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
IMPACT ANALYSIS STATEMENT
RENAISSANCE COMMERCIAL
CENTER REZONING
Frederick County, Virginia
Back Creek Magisterial District
Tax Parcel # 75-((A))-2C, and 75-((A))-2R
Aggregate Area of 11.17± acres
November 30, 2011
Revised January 18, 2012
Current Owner: Bowman -Shoemaker Companies, Inc.
Alizarin Crimson, LLC
Contact Person: Evan A. Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Greenway Engineering November 30, 2011 Renaissance Commercial
Center Rezoning
RENAISSANCE COMMERCIAL CENTER REZONING
INTRODUCTION
This report has been prepared for the purpose of assessing the impact to Frederick County
by the rezoning of" 11.17 acres owned by Bowman -Shoemaker Companies, Inc., and
Alizarin Crimson, LLC, identified as Tax Map Parcels 75-((A))-2C and 75-((A))-2R.
Tax Map 75-((A))-2C is a 9.48-acre parcel owned by I3owman-Shoemaker Companies,
of which 8.981 acres is currently zoned 13-3 (Industrial Transition) District and 0.498
acres is currently zoned RA (Rural Areas) District. Tax Map 75-((A))-2R is a 1.69-acre
parcel owned by Alizarin Crimson, LLC, of which 1.548 acres is currently zoned B-3
(Industrial Transition) District and 0.143 acres is currently zoned RA (Rural Areas)
District. Botli properties a►'e CLII'I'Cntly LlllCICVCIopeCl. The Applicant desires to rezone Tax
Map Parcel 75-((A))-2C from the 13-3 (Industrial Transition) District and the RA (Rural
Areas) District to B-2, BLISiness General District with proffers, and to rezone Tax Map
Parcel 75-((A))-2R from the B-3 (Industrial Transition) District and the RA (Rural Areas)
District to the B-3, Industrial Transition District with proffers.
Basic Information:
Location: West side of Valley Pike (U.S. Route 1 1); approximately
'/2-111ile south of the IZoute 37 interchange near Interstate 81
Exit 310.
Magisterial District
Property ID Numbers:
Back Creek District
75-((A))-2C and 75-((A))-2R
Current Zoning: 75-((A))-2C - 133 District (8.981 acres)
- IZA District (0.498 acres)
Current Use:
Proposed Zoning
Total Rezoning Area
Proposed Development:
75-((A))-2R - 133 District (1.548 acres)
- IZA District (0.143 acres)
Undeveloped
75-((A))-2C: 9.4806 acres 13-2 District with proffers
7.5-((A))-2IZ: 1.6927 acres 13-3 District with proffers
1 1.1733 acres
Commercial lZeta►l; Commercial Service; and/or Office
File #4613/HAW
2
Greenway Engineering November 30, 2011 Renaissance Commercial
Center Rezoning
COMPREHENSIVE POLICY PLAN
Sewer and Water Service Area
Tax Map Parcels 75-((A))-2C and 75-((A))-2R are Currently located within the Sewer and
Water Service Area (SWSA). Therefore, the rezoning of this property for commercial
land use is appropriate based on Currcnt policy. The majority of the acreage within these
parcels is currently zoned for commercial land use, with the exception of the portions of
each parcel that were adjusted from the adjoining Brim Property to assist Frederick
County with the Renaissance Drive Revenue Sharing Project. Additionally, public water
and sewer service is currently available to both parcels. (Please refer to the SWSA Map
Exhibit.)
Southern Frederick Land Use Plan
Tax Map Parcels 75-((A))-2C and 75-((A))-2R are a component of the Southern
Frederick Land Use Plan. This land use plan recommends the development of business
and commercial land uses along the cast and west sides of the Valley Pike corridor (U.S.
Route 11 South), between the Route 37 interchange area and the Bartonsville area. The
land use plan identifies a future east -west major collector road that will connect Valley
Pike and Shady Elm Road (Route 651). This major collector road has also been
identified as a future development condition in the Winchester -Frederick County
Metropolitan Planning Organization (MPO) Route 37 Access Management Study Final
Report prepared by HNTB dated November 19, 2007. This major collector road is
envisioned to provide an Opportunity for connectivity to Valley Pike should the existing
ih-clover interchange from Route 37 onto Valley Pike require relocation resulting from
the anticipated Interstate 81 Exit 310 interchange improvement project. It should be
noted that the Frederick County Board Of' Supervisors approved a Master Development
Plan for the Renaissance Commercial Center On November 11, 2007 that provides for a
IOUr-lane major Collector road with Club and gutter and sidewalks, which aCCOUntS for a
portion oi' the I'UlUre east -west major collector road between Valley Pike and Shady Elm
Road as described above.
SUITABILITY OF THE SITE
Floodplains
Tax Map Parcels 75-((A))-2C and 7.5-((A))-2IZ are located on FEMA NFIP Map
#510063-0200 B. This map, as well as the Frederick County GIS database delineates the
subject properties as being outside o1' the 100-year floodplain. Both mapping SOLU'CCS
identify the Opequori Creek as the Closest I'loodplain area, which is approximately i/2-mile
File 0461YEAW 3
Greenway Engineering November 30, 2011 Renaissance Commercial
Center Rezoning
south of the subject properties. Therefore, there will be no impacts to this environmental
feature by the development of the proposed conmei-cial land uses on these properties.
(Please refer to the Environmental FcatLII-es Map Exhibit.)
Wetlands
Tax Map Parcels 75-((A))-2C and 75-((A))-2R do not contain wetland areas as
demonstrated on the National Wetlands Inventory (NWI) Map, as well as information
from the Frederick County GIS Database. No evidence of wetlands features and
vegetation is present on the property; therefore, the subject site is not impacted by
wetland areas. (Please refer to the Environmental Features Map Exhibit.)
Steep Slopes
Tax Map Parcels 75-((A))-2C and 75-((A))-2R are both gently rolling sites with slopes
ranging from 2 to 9 percent. There are no areas of steep slope as defined; therefore, there
are no impacts to this environmental featUl-e. The greatest topographic relief is within the
western portion of the properties; however, this will not impact the ability to design and
construct Renaissance Drive. (Please refer to the Environmental Features Map Exhibit.)
Woodlands
Tax Map Parcel 75-((A))-2C contains areas of mature vegetation in the western portion
of the site behind the location of the former Winchester Foods facility, while Tax Map
Parcel 7.5-((A))-2R is completely covered in areas of mature vegetation. The development
of both properties for commercial land use and for the construction of Renaissance Drive
will necessitate the clearing of all mature vegetation on both properties. However,
commercial parcels will be required to comply with the landscaping requirements of the
Zoning Ordinance, which will mitigate this impact. (Please refer to the Aerial Overview
Exhibit).
Soil Types
The Soil Survey of Frederick County, published by the USDA Soil Conservation Service
was consulted to determine soil types contained in Tax Map Parcels 75-((A))-2C and 75-
((A))-2R. The subject properties contain the following soil types:
6C — Carbo-Oaklet Silt Loams: 2-15% slope
8B — Chilhowie Silty Clay Loams: 2-7% slope
1413 — Frederick-Poplimento Loams: 2-7% slope
14C — Frederick-Poplimento Loams: 7-15% slope
Idle #4613/I:nw 4
_J
Greenway Engineering
November 30, 2011
Renaissance Commercial
Center Rezoning
The Frederick-Poplimento Loams soil type located within the southeastern portion of Tax
Map Parcel 75-((A))-2C is classified as prime farmland soil. The primary soil types on
Tax Map Parcels 75-((A))-2C and 75-((A))-2R are identified as severe due to shrink -
swell potential and low strength; therefore, geotechnical analysis will be needed to
determine if existing soils are appropriate for road construction or if select materials will
be needed. However, It is iloted that the soil characteristics identified above are similar
to the soil types found on roadways and developed properties along this portion of Valley
Pike corridor. (Please refer to the Soils Map Exhibit.)
Other Environmental FcatLlreS
Tax Map Parcels 75-((A))-2C and 75-((A))-2R do not contain areas of' lakes, ponds or
natUral storm water retention areas as defined by the Frederick COLlnty Z011ing
Ordinance. There are no environmental featL11-CS p1'CSC11t that create development
constraints for the proposed commercial lalld Uses Oil these properties. (Please refer to
the Aerial Overview Exhibit and the Environmental Features Map Exhibit.)
SURROUNDING PROPERTIES
Adjoining property zoning and present use:
North: Zoned I32, Business General District
Zoned I33, Industrial Transition District
South: Zoned RA, Rural Areas District
Zoned B2, Business General District
East: Zoned: B2, Business General District
Zoned B3, Industrial Transition District
West: Zoned: RA, Rural Areas District
Zoned: M 1, Light Industrial District
(Please refer to the Location and Zoning Map Exhibit)
TRANSPORTATION
Use: Office
Use: Heavy Commercial
Use: Church; Agricultural
Use: Office
Use: Office; Commercial
Use: Heavy Commercial
Use: Agricultural
Use: Unimproved
Tax Map Parcel 75-((A))-2C has frontage along the west side of Valley Pike (U.S. Route
1 1) and Tax Map Parcel 75-((A))-2R has frontage along Prosperity Drive within the
RT&T BUSineSS Park. The Frederick County Board of Supervisors approved a Master
Development Plan for the Renaissance Commercial Center on November 11, 2007,
Mile #4613/1:AW 5
Greenway Engineering
November 30, 2011
f�
Renaissance Commercial
Center Rezoning
which provides for the development of Renaissance Drive between Valley Pike and the
western limits Of the c0111111ercial center, and for the continuation of Prosperity Drive to
intersect Renaissance Drive. The approved Master Development Plail identifies the
development of Renaissance Drive to include pavement for a second thru lane and right
turn lane on Valley Pike, the ultimate pavement construction for the Valley
Pike/Renaissance Drive intersection, a new traffic signal at this intersection, construction
of' two lanes of the ultimate four -lane road section ol' Renaissance Drive, and the
construction of two lanes of Prosperity Drive that will intersect Renaissance Drive at the
southern limits of Tax Map Parcel 75-((A))-2R.
Subsequent to Master Development Plan approval, Frederick County approached the
Applicant to determine it' there was interest in pursuing a Revenue Sharing Project to
ilmplement the proposed RenaissaIlce Drive improvements and the extension Of
Prosperity Drive to connect to Renaissance Drive. These improvements will allow for the
development of the first phase of the planned cast -west connector identified in the MPO
Route 37 Access Management Study Final Report, which will allow Im existing land
uses on Prosperity Drive to access Valley Pike (U.S. Route 1 1) at a new signalized
intersection, and will allow for a coordinated alignment with the proffered road
improvements associated with the Artillery Business Park project. The Applicant has
executed a RCVCI1LIe Sharing Agreement with Frederick C011llty that provides
$1,001,000.00 of' private investment to satisfy the local match for the Revenue Sharing
Project. The Revenue Sharing Agreement specifies that this will be a County managed
project, which has been supported by VDOT.
Greenway Engineering met with the Frederick County Transportation Planner to discuss
the proposed rezoning application and it was determined that a Traffic Impact Analysis
(TIA) study would not be required for this process. Three separate studies have been
prepared that account for the Renaissance Drive improvements, including the
Renaissance Commercial Center TIA, which was prepared during the Master
Development Plan process, the Winchester -Frederick County Metropolitan Planning
Organization (MPO) Route 37 Access Management Study, which was prepared for the
Interstate 81 Exit 310 improvement project, and the Artillery Business Park TIA, which
was prepared during the rezoning process for that project. All studies account for the
Renaissance Drive cast -west collector road improvement and the necessary
improvements associated with Valley Pike, Renaissance Drive, and Prosperity Drive.
The executed Revenue Sharing Agreement requires all of these improvements to be
provided, including the off -site improvements on Valley Pike, the new traffic
signalization, and the extension of Prosperity Drive.
Greenway Engineering met with representatives Irom VDOT, Frederick County
Planning/Transportation, and Frederick County Public Works to develop a project scope,
and to determine requirements needed to process final construction plans for competitive
bid in Spring 2012. In addition to the $1,001,000.00 private investment match, the
Applicant is responsible for completion of the State Environmental Review Permit
(SERP), the completion of Final Construction Plans, the completion of Traffic
Signalization Plans, the provision of right-ol'-way dedication plats, and the preparation of
File 1t4613niAw 6
0
Greenway Engineering
November 30, 2011
Renaissance Commercial
Center Rezoning
Construction }aid Specifications. The complclion of' these plans and associated
documents will allow for the construction of all improvements determined to be
necessary t0 mitigate the complete bUlld-011t Of the 1ZenalsSance Commercial Center.
These improvements will be completed prior to the first phase of commercial
development within the Renaissance Commercial Centel; therefore, all transportation
impacts associated with this project will be mitigated prior to development activities.
SEWAGE CONVEYANCE AND TREATMENT
The Subject. properties are located within the Sewer and Water Service Area (SWSA).
The Frederick County Sanitation Authority (FCSA) provides public sewer service to this
geographic area of the C0111IMllllty, which provides trealnlent. at the Parkins Mill
Wastewater Treatment Facility. FCSA has developed a sewer Usage calUdation for
planning purposes, which provices for residential, commercial, and indUstrial land Uses.
Greenway Engineering has developed conceptual land I)IallS for the Renaissance
Commercial Center, which accounts for the complete build -out of the 22-acre project.
The Conceptual land plans demonstrate the potential development OI 176,800 Square feet
Of commercial land use for the entire acreage. Therefore, the FCSA calculations Ior
projected sewer demand are as follows:
Q = 75 gpd/ 1,000 square feel
Q = 176,800 square feet/1,000 square feel = 176.8
Q = 176.8 x 75 gpd = 13,260 gpd
The projected land use development associated with the Renaissance Commercial Center
is estimated to add 13,260 gallons per clay to the public sewage conveyance system and
or treatment demand at the Parkins Mill Wastewater Treatment Facility. The clesign
capacity of the Parkins Mill Wastewater Treatment Facility is 5.0 million gallons per day
(MGD), with current usage averaging 1.97 MGD. Therefore, the projected land use
clevelopment will produce 13,260 gpd of effluent I'or treatment, utilizing approximately
0.004% of the available capacity at this facility. The Renaissance Commercial Center
currently has access to an eight -inch Sanitary sewer line, with future clevelopment being
served by gravity sewer. This information demonstrates that the Subject property can be
developed with adequate sewer service with available capacity for treatment. (Please
refer to the SWSA Map Exhibit.)
WATER SUPPLY
The subject properties are located within the Sewer and Water Service Area (SWSA).
The Frederick C011llty Sanitation Authority (FCSA) has developed a 24-Inch water
transmission Mlle that 1S adegUately sized t0 provide for transmission and presslll'e heeded
to serve land uses within the IZoute 1 1 South corriclor. This transmission line provides
File V4613/I:AW 7
Greenway Engineering November 30, 2011 Renaissance Commercial
Center Rezoning
potable water From the James I-l. Dlchl Water Filtration Plant located by the Stephens
City quarries. The James H. Dichl Water Filtration Plant provides an average of 3.4
Million Gallons per day (MGD), and can provide Up to 4 MPG of potable water based on
available I)Lllllpillg capacity. FCSA has developed a water Usage calCUlation lot' planning
purposes, which provides for residential, commercial, and industrial land uses.
Greenway Engineering has developed conceptual land plans for the Renaissance
Commercial Centel', which acCOLHAS lot' the complete build -out of the 22-acre project.
The conceptual land plans demonstrate the potential (levelopment of 176,800 Square 1'ect
Of commercial land use for the entire acreage. Therefore, the FCSA calculations for
projected water demand are as follows:
Q = 75 gpd/1,000 square 1'ect
Q = 176,800 square feet/1,000 square 1'ect = 176.8
Q = 176.8 x 7.5 gpd = 13,260 gpd
The projected land use development associated with the lZenaissance Commercial Centel'
is estimated to require 13,260 gallons per Clay of potable water from the FCSA water
transmission System. The Renaissance Commercial Center is Currently served by an
eight -inch water line, which is looped through the IZT&T BLISIiICSS Park to Route i 1
SOLIth. FL1tLI1-e Site plans within the commercial center will demonstrate appropriate water
pressure based Oil their project demands; however, the information in this section
demonstrates that the subject property can be developed with adequate water service with
available capacity. (Please refer to the SWSA Map Exhibit.)
SITE DRAINAGE
The Renaissance Commercial Center is slightly rolling with topographic relief' of
approximately 30 f'ect in elevation from the low points along Valley Pike (Route 11
South) and the CSX Railroad to the high points in the central portion of the project Site.
It is envisioned that two storm water management ponds will be created during the
development Of Renaissance Drive, which will CaptUrC StOr111 water in the lower
northeastern portion of the project site near Valley Pike, as well as in the Southwestern
portion of the project site near the properties owned by the Church and Brim. These
storm water management facilities will be sized to accommodate drainage from fLltlll'c
sites developed within the proposed 13-2 District areas, while the 13-3 District area will
provide a separate storm water management facility for that site. The site geology will
require geotechnical analysis for the initial IZenaissance Drive Construction project, as
well as during future site development planning to ensure that karst features are
identified, analyzed and appropriately mitigated if' necessary. The County Engineer will
be consulted ClUrillg this process, and plans will be prepared and SUbmitted f'or review Gild
approval by the County Engineer prior to any new development activity on the subject
properties to ensure that there are no negative impacts to the existing protect Site and
SL11'1'0llndlllg properties I'eSldtiilg 11'0111 storm wiper management activities. (Please Peter t0
the Environmental Features Map Exhibit.)
File 1t4613/I:nW 8
Greenway Engineering November 30, 2011 Renaissance Commercial
Center Rezoning
SOLID WASTE DISPOSAL
The impact on solid waste disposal facilities can be projected from an average annual
commercial consumption of 5.4 cubic yards per 1,000 SCiU£11-C feet Of StRICtUral area (Civil
Engineering Reference Manual, 0' Edition). The following figures show the increase in
the average anllUal volume based Oil the potential (level opmeilt Of 176,800 sgUare feet Of
commercial land use for the entire acreage:
AVV = 5.4 cu. Yd. Per 1,000 sq. ft. commercial
AAV = 5.4 cu. Yd. x 176.8
AAV = 954.7 cu. Yd. at build out, or 668.3 tons at build Out
The Municipal Solid Waste area of the regional Landfill has a current remaining capacity
of 13,100,000 cubic yards of air space. The potential development of 176,800 square feet
Of commercial land Use Will generate approximately 668.3 toils of SOId Waste anllUally Oil
average. This represents a 0.44% increase in the annual solid waste received by the
Municipal Solid Waste area of the Regional Landfill, Which currently average 150,000
tons per year; therefore, this infori-nation demonstrates that the Regional Landfill has
adequate capacity to accommodate the solid waste impacts associated With this proposal.
Solid waste produced by the Renaissance Commercial Centel' Will be routed to the
Regional Landfill by a commercial Waste halllCl'; tllC1-Cf01-C, the C011llty Will receive
tipping fees associated With this land Use to mitigate this impact.
HISTORICAL SITES AND STRUCTURES
The subject properties do not contain structures deemed to be historically significant, nor
are there potentially significant structures ad-jacent to the subject property. Additionally,
the subject properties are not located within defined battlefield areas or potential historic
districts as demonstrated in the National Park Service Study Of Civil War Sites in the
Shenandoah Valley and the Frederick County Comprehensive Policy Plan.
The Frederick County Rural Landmarks Survey identifies Springdale (#34-127) and two
houses at Bartonsville (#34-315 and #34-316) approximately 1/2 mile South of the subject
properties along Route 1 1 South as a potentially significant Structures. The Springdale
House (#34-127) and Springdale Mill Complex (#34-128) are already on the State and
National Register of Historic Places. The Renaissance Commercial Center is located
approximately 1h-mile north of the Springdale House and the Springdale Mill Complex;
therefore; therefore, the development Of the commercial center will not negatively impact
this historic resource or it's viewshed. (Please refer to the 1-listoric Features Map
Exhibit.)
Pile 114613/1?A1v 9
0
Greenway Engineering
CONCLUSIONS
November 30, 2011
Renaissance Commercial
Center Rezoning
The rezoning and development of the Renaissance Commercial Center is not anticipated
to negatively impact public services and Will provide economic dcveloprllerlt revenue that
will benefit the County. The subject properties are currently zoned B-2 District and B-3
District; therefore, rezoning the former Winchester Foods property from B-3 District to
B-2 District will provide the Opportunity to create a commercial center with compatible
land uses similar to the Kernstown Commons commercial center. The Applicant has
agreed to participate in a Revenue Sharing Project, which will begin the Renaissance
Drive road system that is planned to provide major collector road access between Valley
Pike (Route I I SOLIth) and Shady Elm Road (Route 651). This collector road is planned
to provide access for traffic moving between Interstate 81, Route 37 and ROutC I I South
in the event that the existing 1/2 clover ramp access is eliminated ClUe to improvements to
the Interstate 81 Exit 310 interchange area. The Applicant has entered into an agreement
with Frederick County to facilitate this first phase of road development, which includes
$1,001,000.00 in private funds to secure the local match for the IZevenue Sharing Project,
as Well as the provision of right-of-way between Route I I S011th and the CSX IZailroad,
and the provision of road construction plans, environmental CIOClllllents, and bid
specification dOCllillents to assist Frederick County in this process. Additionally, the
Applicant has Offered provide a monetary contribution to Frederick County for general
fire and rescue services to further mitigate impacts associated with this project.
Therefore, this rezoning proposal Will provide for positive economic and transportation
benefits to Frederick C011nty Without impacting Capital facilities or services provided by
the C011llty.
File It46 13/IinW 10
Renaissance Commercial Center
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FINAL PLAT FOR LOT CONSOLIDATION AND RIGHT OF WAY DEDIM-10AI
OF THE LAND OF BOWMAN —SHOEMAKER COMPANIES, INC AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
DECEMBER 2, 2011
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Bartonville
VICUV00�
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SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS LOT CONSOLIDATION AND RIGHT
OF WAY DEDICATION SURVEY IS (i) ALL OF THE LAND CONVEYED TO JASB0, INC. BY DEED
DATED APRIL 20, 2005 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS
OFFICE AS INSTRUMENT No. 050014247 (THE SAID JASBO, INC. HAVING SINCE CHANGED THE
NAME OF THE CORPORATION TO BOWMAN —SHOEMAKER COMPANIES, INC., AS EVIDENCED BY A
CERTIFICATE OF CHANGE OF NAME DATED NOVEMBER 7, 2007 OF RECORD IN SAID CLERKS
OFFICE AS INSTRUMENT No. 070017367), (#) ALL OF THE LAND CONVEYED TO ALIZARIN
CRIMSON, LLC BY DEED DATED JANUARY 12, 2006 OF RECORD IN SAID CLERKS OFFICE AS
INSTRUMENT No. 060001096, (N) ALL OF "ADJUSTED TAX PARCEL 75—A-2C" AS ESTABLISHED
BY DEED AND DEED OF BOUNDARY LINE ADJUSTMENTS AND EASEMENT DATED FEBRUARY 10,
2011 OF RECORD IN SAID CLERKS OFFICE AS INSTRUMENT No. 110001988, BEING ALL OF
THE LAND CONVEYED TO BOWMAN —SHOEMAKER COMPANIES, INC. BY THE AFORESAID DEED AND
ALL OF THE REMAINING LAND CONVEYED TO JASB0, INC. (NOW KNOWN AS BOWMAN —
SHOEMAKER COMPANIES, INC., AS NOTED ABOVE) BY TWO DEEDS, BOTH DATED MARCH 2, 2005,
OF RECORD IN SAID CLERKS AS INSTRUMENTS No. 050004465 AND 050004466, AND (iv) ALL
OF THE LAND CONVEYED TO ALIZARIN CRIMSON, LLC BY
DEED DATED JULY 18, 2006 OF RECORD IN SAID CLERKS
OFFICE AS INSTRUMENT No. 060013844. RICHARD A. EDENS, L.S.
NOTE: PARENT TAX PARCEL IDENTIFICATION
(i) T.M. 75—A-2 7.9548 ACRES ZONE.• B2 USE- VACANT
(ii) T.M. 75—A-2B 2.8942 ACRES ZONE.- B2 USE.- COMMERCIAL
(N) T.M. 75—A-2C 9.4806 ACRES ZONE: B2 USE: VACANT
(iv) T.M. 75—A-21? 1,5490 ACRES ZONE: BJ USE- VACANT
APPROVALS.
FREDERICK COUNTY SANITATION AUTHORITY DATE
1 ND
U u r
VIRGINIA DEPARTMENT OF TRANSPORTATION DATE
RICHED A. EDENS
Lic. No. 2550
FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE
GREENWAY ENGINEERING, INC.
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
4613 SHEET 1 OF 7
FAX.- (540) 722-9528
Founded in 1971 www.gi-eetiwayetig.com
ESMT 11-14
OWNER'S CERTIFICATE
THE ABOVE AND FOREGOING LOT CONSOLIDATION AND RIGHT OF WAY DEDICATION OF THE
LANDS OF BOWMAN —SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC, AS APPEARS
ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE
DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY.
BOWMAN —SHOEMAKER COMPANIES, INC. ALIZARIN CRIMSON, LLC
BY. BY-
BEVERLEY B. SHOEMAKER, PRESIDENT BEVERLEY B. SHOEMAKER, MANAGER
COMMONWEALTH OF VIRGINIA
CITY / COUNTY OF TO WIT.•
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED
BEFORE ME THIS DAY OF , 20
BY BEVERLEY B. SHOEMAKER, AS PRESIDENT OF BOWMAN —SHOEMAKER
COMPANIES, INC. AND AS MANAGER OF ALIZARIN CRIMSON, LLC,
MY COMMISSION EXPIRES 20
REGISTRATION No. —
AREA TABULAITON
TAX PARCEL 75—A-2
EXISTING AREA OF T.M. 75—A-2
=
7.9548 ACRES
LESS RENAISSANCE DRIVE
_
— 0.016 ACRES
PLUS PORTION OF T.M. 75—A-2B =
+ 0.0078 ACRE
ADJUSTED AREA OF T.M. 75—A-2
=
Z JJ 10 ACRES
TAX PARCEL 75—A-2B
EXISTING AREA OF T.M. 75—A-2B
=
2.8942 ACRES
LESS RENAISSANCE DRIVE
_
— 0.6218 ACRES
LESS PORTION TO T.M. 75—A-2
=
— 0.0078 ACRE
LESS PORTION TO T.M. 75—A-2C
=
— 2.2646 ACRES
REMAINING AREA OF TM, 75—A-2B
=
0.0000 ACRES
TAX PARCEL 75—A-2C
EXISTING AREA OF T.M. 75—A-2C = 9.4806 ACRES
LESS RENAISSANCE DRIVE _ — 1.J4J1 ACRES
PLUS PORTION OF T.M. 75—A-2B = + 2.2646 ACRES
ADJUSTED AREA OF T.M. 75—A-2C = 10.4020 ACRES
RENAISSANCE DRIVE RIGHT OF WAY DEDICATION
PORTION OF T.M. 75—A-2 = 0.6J16 ACRE
PORTION OF T.M. 75—A-2B = + 0.6218 ACRE
PORTION OF T.M. 75—A-2C = + 1. J4J 1 ACRES
TOTAL AREA OF DEDICATION = 2.5965 ACRES
NOTARY PUBLIC
o DENOTES 1/2" IRON REBAR &
CAP
SET (UNLESS OTHERWISE
NOTED)
o IRF =
1/2" IRON REBAR FOUND
(UNLESS OTHERWISE NOTED)
= OVERHEAD UTILITY WIRES
--
= FENCE LINE
BRL =
BUILDING RESTRICTION LINE
PER ZONING ORDINANCE
FH =
FIRE HYDRANT
y GM =
GAS LINE MARKER POST
GV =
GAS VALVE
® MH =
SANITARY SEWER MANHOLE
o NFP
= NAIL FOUND IN POST
-(> PP =
POWER/TELEPHONE POLE
C] TR =
TRANSFORMER CABINET
TP =
TELEPHONE PEDESTAL
a WM =
WATER METER
• WV =
WATER VALVE
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
—BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIN14
SCALE, N/A I DATE: DECEMBER 2, 2011
GREENWAY ENGINEERING, INC.
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX: (540) 722-9528
Pounded i,i 1971 www.greenwayeng. coin
�LTH OF A
_ f
VD
iQl
RIC A. E S
U �
Lic. No. 2550
461J SHEET 2 OF 7
ESMT 11-14
MATCH TO SHEET 4
I T.M. 75—A-2H
o / CARLTON R. NEWLIN
o DB 974 PG 1699
4000, ZONE. B3 USE. COMM.
V)
ARC = 9Z 76' ry ::,:. •,
t
TP. IS Q 190,
TR
°B 6g6 PGfi. cvlry a RENAISSANCE DRIVE
VARIABLE WIDTH STRIP
h v . CONTAINING 2.5965 ACRES
HEREBY DEDICATED TO
DOT —SHADED AREA 1 FREDER/CK COUNTY FOR
DENOTES A VAR/ABLE :I PUBLIC STREET PURPOSES.
WIDTH, PERMANENT ��E::. •.
SLOPE MAINTENANCE �.:.:.: a , , lv' PST
EASEMENT HEREBY L5- �y
DEDICATED. PP ER�p�PN P� 295
/0 I :� 00
h'I e C4 oQ
40.00'
~ t`' EXISTING LOT LINES ADJUSTED
HEREBY VACATED 54.00 TAX PARCEL 75—A-2
. SEE SHEET 5
WM r� U DOT —SHADED AREA
PP V I V ::: DENOTES A VARIABLE
ADJUSTED N : •: �_ WIDTH, PERMANENT
t :. SLOPE MAINTENANCE
(TAX PARCEL 75—A-2C SEE SHEET 6 EASEMENT HEREBY
^ ....:.I DEDICATED.
b p:.::.:I PP
_ P o
10, G457.00 `` ACE1f'�'R
°B 6j¢ P� S6ME,yT PP t�M ¢>> �8L9` 110 B`S6gENT
6 G 6
Y. o�- _
80,
ASLEYP/� PP
Rey _ pBU,s ,, E P
S PG
100 0 100 PROSPE� � R/�E
GRAPHIC SCALE 7129
(IN FEET)
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
�p,LTH pF
BOWMAN -SHOEMAKER COMPANIES, INC, AND ALIZARIN CRIMSON, LLCo
RENAISSANCE DRIVE
QACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, ORG/NIA RICHARDI DEN
SCALE: 1 " = 100' 1 DATE: DECEMBER 2, 2011 Lic. No. 2550
GREENWAY ENGINEERING, INC. e off'
151 Windy Hill Lane �D SURN�'�
EngineersWinchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX: (540) 722-9528 4613 SHEET 3 OF 7
Founded in 1971 www.greenwayeng.com ESMT 11-14
OR/G/ryq((Y K,/NCC S"' RA�� 5
�Q\P� Q5 29 VgRG4B F R4S,941
6- NCF pp 88 POTJ6'lik (ROgp COW,4NY
12
;000e)
/RF /RFo� �6 4 GORE AREA
14
65' POWER RIGHT OF WAY
NFp 1¢ SEE INST. No. 110001988
DB 58J PG 585 — I-15` o/RF
& DB 582 PG 495
T.M. 74-A-71_-
JUDITH BRIM CATES, ET AL
DB 45J PG J5 I J INC"
►� 1 w
& DB 755 PG 491
I I V TAX PARCEL z
SEE INST. No. 00001 J515
& INST. No. 110001988 I+e O Wo W 75-A 2R
ZONE.- R4 USE.- AGRICULTURALV
zl
,1.6927 ACRES �
ca
Ih �QO CID
N O :n DOT -SHADED AREA
20' TEMP. GR4D/NG EASEMENT Q
h N I W m o
SERVING T.M. 75-A-2C I h DENOTES An P.o N
INST. No. 110001988 2 I VARIABLE WIDTH, ca o o
PERMANENT SLOPE 3 N ' Lj
Z
20' TEMP. GRADING EASEMENT WIRE FENCE I MAINTENANCE N ~ Z m
SERVING T.M. 74-A-71 I J EASEMENT HEREBY z Z
INST No. 110001988 I o L6 o S9 DEDICATED. o
40.00' 40.00Si l N
JS' BRL S 12 I 20' UTILITY EASEMENT
�� DB 841 PG 1 J41
N 180.90�:;:::::::�
o7R
INS 60' ROWS.......—
N , T No. osoo 1J,�87 I O SoER/T D,9
DOT -SHADED AREA DENOTES I�:�;•:.
A VARIABLE WIDTH, I::::;:::;O _ 60 Rom, _ E 1129
PERMANENT SLOPE--,,,.D 41
PG JJ41
MAINTENANCE EASEMENTI•:::.; I GV
HEREBY DEDICATED. cb GM - \ — —
C; i N� 20 UTILITY
cn / —
N 52,58J2" W j :::::::: 3 0 °I EASEMENT _
521.62 INC)I DB 841 PG 1 J41
20' TELEPHONE EASEMENT
�I DB 955 PG 1556
ADJUSTED
TAX PARCEL 75-A-2C :::' N I NI T.M. 75 A-2H
SEE SHEET 6 �:::; r•�
CARLTON R. NEWLIN
DB 974 PG 1699
NI ZONE. BJ
40.00' 40.00' hl USE: COMMERCIAL
RENAISSANCE DRIVE
VARIABLE WIDTH STRIP s
CONTAINING 2.5965 ACRES s
HEREBY DEDICATED TO
FREDERICK COUNTY FOR 3
PUBLIC STREET PURPOSES � MATCH r0 SHED 100 0 100
GRAPHIC SCALE
(IN FEET)
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
�p,LTH p�,�
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLCo II u)
1111 !1-� Ll' U
RENAISSANCE DRIVE
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA RICHARD A. EDENS '-'
SCALE- 1 " = 100' DATE.DECEMBER 2, 2011 Lic. No. 2550
GREENWAY ENGINEERING, INC. �'
0
151 Windy Hill Lane ��D SUR��'�
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528 461J SHEET 4 OF 7
Founded in 1971 www.greenwayeng.com ESMT 11-14
L21
T.M. 75—A-2H
CARLTON R. NEWLIN
DB 974 PG 1699
ZONE. B3
USE: COMMERCIAL
20' UTILITY EASEMENT '
--DB 841 PG 1341
29.30'
IRF N 35'24' 19 " E
\L
" 514
—S15
DOT —SHADED AREA
DENOTES A VARIABLE
WM.:. WIDTH, PERMANENT
SLOPE MAINTENANCE
EASEMENT HEREBY
DEDICATED.
-33
PP PF
_ PP
win
EXISI7NG
LOT LINES
HEREBY
VACATED
L19
i-L 18
T.M. 75—A-21
GRAYSTONE CORPORATION OF VIRGINIA
INST. No. 000013357
SEE INST. No. 09001151 J
ZONE. B3 USE. COMMERCIAL P T
rbo
0
— 531.82'
ADJUSTED
TAX PARCEL
75-A -2
7.3310 ACRES
' IRF
U N
O
Qfz�Omw
�w��
1
nw �o
pz
�
mZ
1IN
(0
N
I
Lu
C� U
N
Q�oov
I"o W
LO� Z�
1
~ �Zm
4�W�
�o
ti
/CARPORT 20' SEWER
C & ACCESS
El
PP EASEMENT
SHED DB 696 PG 136
0
50' BRL
L17
------- --- L16 —PP PP
. � TP
PP' T MH PP
100 0 100 VALLEY PIKE
U.S ROUTE 11
GRAPHIC SCALE 80' R/W - DB 165 PG 77
(IN FEET)
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN —SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, PIRG/NIA
SCALE: 1 " = 100' 1 DATE. DECEMBER 2, 2011
GREENWAY ENGINEERING, INC.
151 Wirzdy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX- (540) 722-9528
Founded in 1971 www.greenwayeng. coin
IRF
190'f TO
PROSPERITY DRIVE
RTE. 1129
TH off;
l
RICfMD A. EDENS
Lic. No. 2550
4613 SHEET 5 OF 7
ESMT 11-14
20' TEMP, GRADING EASEMENT
WIRE FENCE L22 IRF SERVING T.M. 75-A-2C }I -F
-------*-o.*--o- -- INST No. 110001988 I 2�
IRF o,�
C10\��l��?� ,y�O
0 G 295 i �� \ C 12
P IRF INN,
� :�
p0 98�>> Fes, �;::::• 00
V
DOT -SHADED AREA op
DENOTES A VARIABLE
r.� WIDTH, PERMANENT _____„ ..
�b SLOPE MAINTENANCE W
z I EASEMENT HEREBY S7—� "
DEDICATED.
,o ADJUSTED ,N
TAX PARCELCN
75-A -2C m
3 Zt 10.4020 ACRES
O j
vr�POOMH
�i 5-- I KM u I
Nw. I 9
o
WATERLINE
I TPo
I
FH
/i" TR
I
Z m
4i
20' 53 o
EASEMENT-1I�*- tl:.� n GV
U N
DB 696 PG 60J
I I
S2 �►+ I
IRF S J5•J2'J5"
W
3/4
IRF
225.00'
I
s o
j
s `"
p
(4j
014
150 0 150
GRAPHIC SCALE
(IN FEET)
h
2
LAW
hlh �
- — -I CULVERT WI
Pp�
IEXISTING LOT
-LINES HEREBY
PP TR
J/4" IRF o pP
10' GAS EASEMENT
DB 674 PG 677
all
r~
PORTION OF
ADJUSTED TAX
PARCEL
75-A-2C '
SEE SHEET 4 1
T M. 75-A-2H
CARLTON R. NEWLIN
DB 974 PG 1699
ZONE. B3
USE: COMMERCIAL
ARC = 97.76'
WM
L24
VACATED
50' BRL
SIGN — L27-\.
WV
DOT -SHADED AREA
DENOTES A VARIABLE
WIDTH, PERMANENT
SLOPE MAINTENANCE
EASEMENT HEREBY
DEDICATED.
m '
j Q IN
L25
o�
�— L26
L28'PP 'PP
VALLEY PIKE
U.S. ROUTE 11
80' R/W - DB 165 PG 77
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN —SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1 " = 150' DATE.• DECEMBER 2, 2011
/ts� GREENWAY ENGINEERING, INC.
151 Windy Hill Lane
k47Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX: (540) 722-9528
Founded in 1971 www.greenwayeng.cotn
N
w
W
677'.f TO
PROSPERITY DRIVE
RTE. 1129
LTH 0F�
o
c' RICHARD A. EDENS
Lic. No. 2550
461J SHEET 6 OF 7
ESMT 11-14
CURVE DATA
CURVE
DELTA ANGLE
RADIUS
ARC LENGTH
TANGENT
CHORD BEARING
CHORD LENGTH
C 1
25' 13'35"
762.00'
335.49'
170.51 '
N 67' 12'44 " W
332.79'
C2
26'50'59"
762.00'
357.09'
181.88'
N 6624'02" W
353.83'
C3
25'06'39"
708.00'
310.29'
15Z68'
N 67'16'12" W
307.82'
C4
03'5848"
816.00'
1 56.68'
28.35'
N 77'50'07" W
56.67'
C5
2 P51 '39"
802. 00'
306.00'
154.88'
N 63'5421 " W
304.14'
C6
26'50'59"
722.00'
338.34'
172.34'
S 6624'02" E
335.25'
C7
20'09'45"
802,00'
282.23'
142.59'
S 69'4439" E
280.77'
C8
20'0945"
802.00'
282.23'
142.59'
N 69'4439" W
280.77'
C9
26'50'59"
722.00'
338.34'
172.34'
N 6624'02" W
335.25'
C 10
06'5 1'06"
428.28'
51.22'
25.64'
N 69'26'18" E
51.19'
C 11
27*3538"
330.00'
158.93'
81.04'
N 5751 '50" E
157.40'
C 12
82'5727"
25.00'
36.20'
22.10'
N 853245" E
33.12'
C 13
2 P51 '39"
802.00'
306.00'
154.88
S 6354'21 " E
304.14'
C14
03'5848"
816.00'
56.68'
28.35'
S 77'50'07" E
56.67'
C 15
25'06'39 "
708.00'
310.29'
157.68'
S 67' 16' 12 " E
307.82'
r1111FIA07941
LINE
BEARING
DISTANCE
L 1
N 543557" W
54.93'
L2
N 543745" W
8.40'
L3
N 1 T43'30" W
60.00'
L4
S 3524'03" W
14.00'
L5
N 30'50'43" W
19.97'
L6
N J701 '28" E
80. 00'
L7
S 62'03'26" E
69.95,
L8
N 78'4243" E
52.48'
L9
S 54'3557" E
7.50'
L 10
N 35'24'03" E
169.16'
L 11
N 39'58'06" E
158.55'
L 12
N 47'05'23" E
81.25'
L 13
N 47'05'23" E
47.99'
L 14
N 48 21 '56" E
135.69'
L 15
S 44'09'21 " W
223.20'
L 16
S 39'58'06" W
158.55'
L 17
S 3524'03" W
169.16'
L 18
N 543557" W
Z 50'
L 19
S 78'4243" W
52.48'
L20
N 62'03'26" W
69.95'
L21
N 52'5832" W
0.82'
L22
N 38'03'26 " E
54.32'
L23
N 71'3939" E
140.66'
L24
S 30'50'43" E
19.97'
L25
N 3524'03" E
14.00'
L26
S 17'43'30" E
60.00'
L27
S 543745" E
8.40'
L28
S 35 22'09 " W
307.47'
SLOPE MAINTENANCE EASEMENT LINE DATA
LINE
BEARING
DISTANCE
S 1
S 24' 19'20" W
20.00'
S2
N 65'40'40" W
176.98'
S3
N 5843'20" W
29.69'
S4
N 14'43'20" W
27.79'
S5
S 76'2835" W
25.90'
S6
N 52'58'32" W
39.25'
S7
N 61 ' 15'26" W
101.87'
S8
N 51 ' 14'45 " W
172.42'
S9
N 31-01 '28" E
29.76'
S 10
S 55'3246" E
27.54'
S i l
N 58' 1822 " E
64.52'
S 12
N 43'48' 18" E
72.6 1'
S 13
S 84'00'09 " E
31.60'
S 14
S 542847" E
44.77'
S 15
S 62'4829 " E
116.51 '
S 16
S 7555' 18" E
194.43'
S 17
S 65'57'06" E
246.32'
S 18
S 45 23'06" E
8Z 78'
KEY TO ADJOINING PROPERTY OWNERS
O
T.M. 74-A-71
JUDITH BRIM CATES, ET AL
DB 453 PG 35
& DB 755 PG 491
SEE INST. No. 000013515
& INST. No. 110001988
ZONE: RA USE: AGRICULTURAL
.MOTES
1. THE BOUNDARY INFORMATION SHOWN ON THIS PLAT IS BASED ON A CURRENT FIELD SURVEY
BY THIS FIRM.
2. NO TITLE REPORT FURNISHED, EASEMENTS MAY EXIST WHICH ARE NOT SHOWN.
FINAL PLAT FOR LOT CONSOLIDATION AND
RIGHT OF WAY DEDICATION OF THE LAND OF
BOWMAN -SHOEMAKER COMPANIES, INC. AND ALIZARIN CRIMSON, LLC
RENAISSANCE DRIVE
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, WOW
SCALE: N/A I DATE. DECEMBER 2, 2011
/ts� GREENWAY ENGINEERING, INC.
151 Windy Hill Lane
1#447 Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX: (540) 722-9528
Founded in 1971 www.greenwayeng.com
re,
�;LTH O' � .
I Of
RICHARD A. EDENS
Lic. No. 2550
4613 SHEET 7 OF 7
ESMT 11-14
I`1
IJJ
110001988
m
a�
P N
N
O
U �
y4 J
N
O
CO 4J
-IT •rA
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k
Cis W r4
C N
o �a
o • +J
cqa,v)
N ichael L. Bryan
116 S. Braddock St.
Winchester, VA
THIS DEED AND DEED OF BOUNDARY LINE ADJUSTMENTS AND
EASEMENT, made and dated this 101h day of February, 2011, by
and between BOWMAN -SHOEMAKER COMPANIES, INC. (formerly known
as JASBO, INC.), a Virginia Corporation ("Bowman -Shoemaker"),
ALIZARIN CRIMSON, LLC, a Virginia Limited Liability Company
("Alizarin"), JUDITH BRIM CATES, STEPHEN DUBOIS BRIM and
HILARY JUEL AFSHARY (formerly known as HILARY M. LEWIS JUEL)
(the "Brim Family").
RECITALS:
A. Bowman -Shoemaker is vested with fee simple title to
that certain tract or parcel of land lying and situate in Back
Creek Magisterial District, Frederick County, Virginia,
located on the Northwest side of Valley Pike (U. S. Route 11),
containing 9.7169 acres, more or less, and being the same
tract or parcel of land acquired by Jasbo, Inc., a Virginia
Corporation, by that certain Deed dated March 2, 2005, of
record in the Clerk's Office of the Circuit Court of Frederick
County, Virginia as Instrument No. 050004465 and by Deed dated
March 2, 2005, of record in the aforesaid Clerk's Office as
Instrument No. 050004466. Tax Map No. 75-A-2C (the "Bowman -
Shoemaker Parcel"). Subsequent thereto, Jasbo, Inc. changed
its corporate name to Bowman -Shoemaker Companies, Inc., as set
forth in that certain Certificate of Change of Name, of record
in the aforesaid Clerk's Office as Instrument No. 070017367.
B. Alizarin is vested with fee simple title to that
certain parcel of land lying and being situate in Back Creek
Magisterial District, Frederick County, Virginia, situate on
the Western side of Prosperity Drive, containing 1.5489 acres,
more or less, designated as Lot 10, Kernstown Business Park,
Section 1, and being the same parcel of land acquired by that
9
0
Michael L. Bryan
.16 S. Braddock St.
Winchester, VA
certain Deed dated July 18, 2006, of record in the aforesaid
Clerk's Office as Instrument No. 060013844. Tax Map No. 75-A-
2R (the "Alizarin Parcel").
C. The Brim Family is vested with fee simple title to
that certain tract or parcel of land lying and being situate
in Back Creek Magisterial District, Frederick County,
Virginia, containing 27.00 acres, more or less, fronting on
the Northern side of Springdale Road (Route 649); and being
the same lands acquired by Judith Brim Cates, Stephen DuBois
Brim and Hilary M. Lewis Juel (now known as Hilary Juel
Afshary) by that certain Deed dated December 31, 1975, of
record in the Clerk's Office of the Circuit Court of Frederick
County, Virginia in Deed Book 453, at Page 35, by that certain
Deed of Gift dated November 20, 1983, of record in the
aforesaid Clerk's Office in Deed Book 568, at Page 364, by
that certain Deed of Gift dated January 10, 1991, of record in
the aforesaid Clerk's Office as Instrument No. 910000290 (Deed
Book 755, Page 491), and by Deed of Clarification dated
December 26, 2000, of record in the aforesaid Clerk's Office
as Instrument No. 000013515. Tax Map No. 74-A-71 (the "Brim
Family Parcel").
D. The parties hereto have agreed to convey various
parcels of land so as to adjust the respective boundaries of
the Bowman -Shoemaker Parcel, the Alizarin Parcel and the Brim
Family Parcel and further to grant certain easements, as more
particularly described on that certain plat titled "Final Plat
For Boundary Line Adjustment Between The Lands of Bowman -
Shoemaker Companies, Inc., Alizarin Crimson, LLC And Judith
Brim Cates, et al" dated November 15, 2010, drawn by Richard
A. Edens, L.S., a copy of which is attached hereto and
2
•
I
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
incorporated herein by reference as if set out in full (the
"BLA Plat").
NOW, THEREFORE, WITNESSETH: That for and in consideration
of the premises conveyed, and other good and valuable
(consideration deemed adequate at law, the receipt and
(sufficiency of which is hereby acknowledged, the parties do
lagree as follows:
1. RECITALS: The Recitals are incorporated herein and
made a material part hereof as if set out in full.
2. BOWMAN -SHOEMAKER CONVEYANCE: Bowman —Shoemaker hereby
(grants and conveys, with general warranty and English
covenants of title, unto Judith Brim Cates, Stephen DuBois
Brim and Hilary Juel Afshary, as tenants in common, in the
following percentages: a 40% interest to Judith Brim Cates,
a 40% interest to Stephen DuBois Brim, and a 20% interest to
Hilary Juel Afshary, in that certain lot or parcel of land
containing 0.7353 acre, more or less, designated as "0.7353
Acre Portion of T.M. 75-A-2C Hereby Added To And Made A Part
Of T.M. 74-A-71" on the attached BLA Plat (the "Brim BLA
Parcel"). This conveyance of the Brim BLA Parcel is made
subject to all easements, rights of way and restrictions of
record affecting the subject property; provided, however, that
the foregoing shall not be deemed in any way to reinstitute or
republish any restrictions of record that may have expired or
lapsed.
3. BRIM FAMILY CONVEYANCES:
(a) Brim Family hereby grants and conveys, with
general warranty and English covenants of title, unto Bowman -
Shoemaker that certain parcel of land containing 0.4989 acre,
3
0
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
more or less, designated as "0.4989 Acre Portion Of T.M. 74-A-
71 Hereby Added To And Made A Part of T.M. 75-A-2C" on the
attached BLA Plat (the "Bowman -Shoemaker BLA Parcel"). This
conveyance of the Bowman -Shoemaker BLA Parcel is made subject
to all easements, rights of way and restrictions of record
affecting the subject property; provided, however, that the
foregoing shall not be deemed in any way to reinstitute or
republish any restrictions of record that may have expired or
lapsed.
(b) The Brim Family grants and conveys, with general
warranty and English covenants of title, unto Alizarin that
certain parcel of land containing 0.1439 acre, more or less,
designated as "0.1439 Acre Portion Of T.M. 74-A-71 Hereby
Added To And Made A Part of T.M. 75-A-2R" on the attached BLA
Plat (the "Alizarin BLA Parcel"). This conveyance of the
Alizarin BLA Parcel is made subject to all easements, rights
of way and restrictions of record affecting the subject
property; provided, however, that the foregoing shall not be
deemed in any way to reinstitute or republish any restrictions
of record that may have expired or lapsed.
4. ADJUSTMENT OF BOUNDARY LINES:
(a) Bowman -Shoemaker hereby adjusts the boundaries of
the Bowman -Shoemaker Parcel so as to account for the off -
conveyance of the Brim BLA Parcel (0.7353 acre, more or less)
to the Brim Family and the acquisition of the Bowman -Shoemaker
BLA Parcel (0.4989 acre, more or less) from the Brim Family,
so that the boundaries of the Bowman -Shoemaker Parcel shall be
in accordance with that certain parcel of land designated as
"Adjusted Tax Parcel 75-A-2C" on the attached BLA Plat (the
"Adjusted Bowman -Shoemaker Parcel"). As adjusted hereby, the
4
•
•
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
Adjusted Bowman -Shoemaker Parcel shall contain 9.4806 acres,
more or less, as more particularly described on the attached
BLA Plat. Tax Map No. 75-A-2C.
(b) The Brim Family hereby adjusts the boundaries of
the Brim Family Parcel to account for the off -conveyance of
the Bowman -Shoemaker BLA Parcel (0.4989 acre, more or less)
and the Alizarin BLA Parcel (0.1439 acre, more or less), and
the acquisition of the Brim BLA Parcel (0.7353 acre, more or
less), so that the boundaries of the Brim Family Parcel shall
be in accordance with that certain parcel of land designated
as "Adjusted Tax Parcel 74-A-71" on the attached BLA Plat (the
"Adjusted Brim Family Parcel"). As adjusted hereby, the
Adjusted Brim Family Parcel shall contain 27.09 acres, more or
less, as more particularly described on the attached BLA Plat.
Tax Map No. 74-A-71.
(c) Alizarin hereby adjusts the boundaries of the
Alizarin Parcel to account for the acquisition of the Alizarin
BLA Parcel (0.1439 acre, more or less) so that the boundaries
of the Alizarin Parcel shall be in accordance with that
certain parcel of land designated as "Adjusted Tax Parcel 75-
A-2R" on the attached BLA Plat (the "Adjusted Alizarin
Parcel"). As adjusted hereby, the Adjusted Alizarin Parcel
shall contain 1.6927 acres, more or less, as more particularly
described on the attached BLA Plat. Tax Map No. 75-A-2R.
5. GRANT OF EASEMENTS:
(a) The Brim Family hereby grants and conveys unto
Bowman -Shoemaker that certain temporary grading easement, 20
feet in width, over a portion of the Brim Family Parcel and
the Brim BLA Parcel, designated as "Hatched Area Denotes a 20'
5
n
L_J
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U
l
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
Temporary Grading Easement Hereby Established For The Benefit
Of Adjusted Tax Parcel 75-A-2C" as more fully set forth on the
attached BLA Plat(the "Bowman -Shoemaker Temporary Grading
Easement"). The Bowman -Shoemaker Temporary Grading Easement
shall expire ninety (90) days after completion and acceptance
of a public street located adjacent to said easement. The
Bowman -Shoemaker Temporary Grading Easement shall run with the
title to the Adjusted Brim Family Parcel for the benefit of
the Adjusted Bowman -Shoemaker Parcel and shall extend to and
run for the benefit of the successors in interest and assigns
of Bowman -Shoemaker.
(b) Bowman -Shoemaker grants and conveys unto the Brim
Family a temporary grading easement, 20 feet in width, over a
portion of the Bowman -Shoemaker Parcel, designated as "Dot -
Shaded Area Denotes a 20' Temporary Grading Easement Hereby
Established For The Benefit Of Adjusted Tax Parcel 74-A-71" on
the attached BLA Plat (the "Brim Temporary Grading Easement").
The Brim Temporary Grading Easement shall expire ninety (90)
days after completion and acceptance of a public street
located adjacent to said easement, or ninety (90) days after
completion of a commercial entrance serving the Brim Family
Parcel. The Brim Temporary Grading Easement shall run with
the title to the Adjusted Bowman -Shoemaker Parcel for the
benefit of the Adjusted Brim Family Parcel and shall extend to
and run for the benefit of the successors in interest and
assigns of the Brim Family.
(c) Bowman -Shoemaker agrees to provide such utility
easement or easements over a portion of the Bowman -Shoemaker
Parcel for the benefit of the Brim Family Parcel as are
C*
0
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
reasonably necessary to provide access to public water, public
sewer, telephone, electric and gas service located on or
adjacent to the Bowman -Shoemaker BLA Parcel (the "Utility
Easements"). The extension of utility service to the Brim
Family Parcel shall be at the sole cost and expense of the
Brim Family. The Utility Easements shall be located upon a
portion of the Bowman -Shoemaker BLA Parcel so as to allow the
extension of water, sewer, telephone, electric and gas service
to the Brim Family Parcel at a location or locations that
shall not unreasonably interfere with the future development
of the Bowman -Shoemaker BLA Parcel, as reasonably determined
by Bowman -Shoemaker. The Utility Easements granted herein
shall run with the title to the Bowman -Shoemaker BLA Parcel
for the benefit of the Brim Family Parcel.
(d) Alizarin agrees to provide such utility easement
or easements over a portion of the Alizarin BLA Parcel for the
benefit of the Brim Family Parcel as are reasonably necessary
to provide access to public water, public sewer, telephone,
electric and gas service located on or adjacent to the
Alizarin BLA Parcel (the "Utility Easements"). The extension
of utility service to the Brim Family Parcel shall be at the
sole cost and expense of the Brim Family. The Utility
Easements shall be located upon a portion of the Alizarin BLA
Parcel so as to allow the extension of water, sewer,
telephone, electric and gas service to the Brim Family Parcel
at a location or locations that shall not unreasonably
interfere with the future development of the Alizarin BLA
Parcel, as reasonably determined by Alizarin. The Utility
Easements granted herein shall run with the title to the
7
•
•
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
Alizarin BLA Parcel for the benefit of the Brim Family Parcel.
6. FREDERICK COUNTY CONSENT: The County of Frederick,
Virginia consents to the terms of this Deed and Deed of
Boundary Line Adjustments as evidenced by its execution of the
BLA Plat.
WITNESS the following signatures and seals:
BOWMAN -SHOEMAKER COMPANIES, INC.
By: &/ /I - (SEAL)
Beverle B. Shoemaker, President
STATE OF VIRGINIA, AT LARGE,
CITY/COUN Y OF Wi'nj , to -wit:
The foregoing instrument was acknowledged before me on
the day of gyp, 2011, by Beverley B. Shoemaker, who
is President of Bowman -Shoemaker Companies, Inc., a Virqinia
Corporation, on behalf of sa
My commission expires
a R�GU41 A 3
8
S10N ••
ALIZARIN CRIMSON, LLC
By (SEAL)
Beverley B. Shoemaker er
STATE OF VIRGINIA, AT LARGE,
CITY/eebtt`Pi- OF W1 Ot , to -wit:
The foregoing instrument was acknowledged before me on
iP� � the�� day of 2011, by Beverley B. Shoemaker, who
is Manager of Alizarin Crimson, LLC, a Virginia Limited
Liability Company, on behalf of said Company.
My commission expires `7 iL
AYLAa LL
```�,►rrrr►rr►►i
��```,V\S,M:.NF'�, NOTAFY PUBLIC
•NOTARY • .
PUBLIC
r� RFG. #138448 •: 8
Aly 4'; SSION Q
Eir iL5 �_
illichael L. Bryan
116 S. Braddock St.
Winchester, VA
�jk(SEAL)
UDITH BRIM CA ES
STATE OF E /�/�1/�rAT LARGE,
CITY/COUNTY OF SAA SO-rq , to -wit:
The foregoing instrument was acknowledged before me on
t�
the /,�—day of F�g,c�q/Lj� , 2011, by Judith Brim Cates.
My commission expires 1)2/r/Z6/,3,
DALE DELPIT
°` Comm# DD0860487
o, l aGa'o
Explres 2/11/2013
%;luu�v�;°_ Florida Notary Assn., Inc
M1............................................•
/�'u X;_4z� - -
NOTARY PUBLIC
, I
40 (SEAL)
S EP EN DUBOIS BRIM
STATE OF VIRr'141—A, AT LARGE,
CITY/G4N4NI-Y OF Jjj- to -wit:
The foregoing instrum n was acknowledged before me on
19b9 /e' f
the day off 2011, Stephen DuBois Brim.
My commission expires
KAREN R. BELFORD
NOTARY PUBLIC
REGISTRATION # 138399
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
JULY31,2013
NOTARY PUBLIC
_ (SEAL)
Af - �R�Y EL AFSHARY
Ca(rr�
STATE OF AT LARGE,
CITY/COUNTY OF�eawr , to -wit:
The foregoing instrument was acknowledged before me on
the day of 4bjrpj'L/ , 2011, by Hilary Juel Afshary.
My commission expires ' (3o / wi ( )-
NOT RY PUBLIC
0
01
MV Commission Expires 0813012012
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FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF
BOWMAN -SHOEMAKER COMPANIES, INC.,
ALIZARIN CRIMSON, LL C AND JUDITH BRIM CA TES, ET AL
54CK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINM
NOVEMBER 15, 2010
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Bartonville ..
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VICINITY MAP
1 " = 2, 000'
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT
SURVEY IS (i) ALL OF THE LAND CONVEYED TO JASBO, INC. BY TWO DEEDS, BOTH DATED
MARCH 2, 2005, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS
INSTRUMENTS No. 050004465 AND 050004466 (THE SAID JASBO, INC. HAVING SINCE CHANGED
THE NAME OF THE CORPORATION TO BOWMAN —SHOEMAKER COMPANIES, INC., AS EVIDENCED BY
CERTIFICATE OF CHANGE OF NAME DATED NOVEMBER 7, 2007 OF RECORD IN SAID CLERK'S
OFFICE AS INSTRUMENT No. 070017J67), (ii) ALL OF THE LAND CONVEYED TO ALIZARIN
CRIMSON, LLC BY DEED DATED JULY 16, 2006 OF RECORD IN SAID CLERK'S OFFICE AS
INSTRUMENT No. 06001J844 AND (lil) A PORTION OF THE LAND CONVEYED TO JUDITH BRIM
CATES, STEPHEN DuBOIS BRIM AND HILARY DUEL AFSHARY (FORMERLY HILARY M. LEWIS DUEL)
BY THE FOLLOWING DEEDS: A DEED DATED DECEMBER J1, 1975 OF RECORD IN SAID CLERK'S
OFFICE IN DEED BOOK 45J AT PAGE J5 AND A DEED DATED JANUARY 10, 1991 OF RECORD
IN DEED BOOK 755 AT PAGE 491, AS CLARIFIED BY
A DEED OF CLARIFICATION DATED DECEMBER 26, 2000
OF RECORD IN SAID CLERK'S OFFICE AS INSTRUMENT k Ac_
No. 00001J515. RICHARD A. EDENS, L.S.
NOTE: PARENT TAX PARCEL IDENTIFICATION
N T. M. 75—A-2C BOWMAN —SHOEMAKER COMPANIES, INC. 9.7169 ACRES ZONE.. BJ USE: VACANT
(ii) T.M. 75—A-2R ALIZARIN CRIMSON, LLC 1.5489 ACRES ZONE- BJ USE: VACANT
(iii) T.M. 74 A-71 JUDITH BRIM CATES, ET AL 2ZOO ACRESI ZONE- RA USE AGRI.
APPROVAL:
NLTH 0Az
��
FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE RICHARD A. EDENS
Lic. No. 2550
le
REENWAY ENGINEERING, mc.
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.' (540) 722-9528 461 J SHEET 1 OF 7
Founded in 1971 www.greenwayeng.com BND 10-14
CERTIFICATE
THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF
BOWMAN —SHOEMAKER COMPANIES, INC. (FORMERLY KNOWN AS JASBO, INC.), ALIZARIN CRIMSON,LLC
AND JUDITH BRIM CATES, STEPHEN DuBOIS BRIM AND HILARY DUEL AFSHARY (FORMERLY
HILARY M. LEWIS JUEL), AS APPEARS ON THE ACCOMPANYING PLATS, lS WITH THE FREE
CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS,
PROPRIETORS, AND TRUSTEES, lF ANY.BOWMAN—SHOEMAKER
COMPANIES, INC. ALIZARIN CRIMSON, LLC
l�dt. _,,.e. vx„
BY.•BY.•BEVERLEYSHOEMAKER,
PRSIDENT BB. SHOEMAKER, MANA ER
esroE,�kcx,n%,tea,oAFs�,a.,00�F�zo�.a.o��i¢ie�soreorr�a.orrya...».��r�rn/fee�mmbFerg&E1�.s,�m..uk..rfY'.1Y-4N•co'P3eacsn�,�,�o�Ho.No.A.P�mmFlNALPIAi
JUDITH BRIM CATES STE H N DuBOIS BRIM
' HILARY AFSHARY V�
\�pUCq•
STATE OF
CITY /COUNTY OF " TO WIT -
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED � '•. G ,: O
BEFORE ME THIS �L DAY OF / , 20._L-� FOfi Co�-o�
`�iilary Juel Afshary My Commission Expires08130/2
MY COMMISSION EXPIRES � 20�. Z�
REGISTRATION No. b NOTARY PU lC
STATE OF FL
CITY /COUNTY OF�4aAso?,� TO W17:•
M ttttttttt••t••••tt••tttttttttt■ttttttttt•t••M
+ DALE DELPIT
THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED # DD0860487
.J.'AY.PGp4i^ l a'�rcm
BEFORE ME THIS /��' DAY OF F£6�c,-A-AY 20� Expires2/11/2013
_�,4�:
BY .��- b C--P / Florida Notary Assn., Inc .
' inti`�
Judith Brim Cates •��•�� ttaaa.uu.■ttui
MY COMMISSION EXPIRES � z�/� 20�.
����/�>��T�4�INQA ' Tdo-w�.t: NOTARY PUBLIC
-or
e oreggoing owner s cer ifica e was ac now e �e be me his rd day o Februar
2011 b 5te hen DuBois Brim. M commission ex Tres Jul �l 2�13
1r !N BELFORD
STATE OF Y 1` N 1�1 � NOTARY PUBLIC
REGISTRATION N 138399
CITY / � OF l,f1 ]'0 WI];• COMMONWEALTH OF VIRGINIA
+ MY COMMISSION EXPIRES
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED J U LY 31, 2 013
BEFORE ME THIS �t� DAY OF �' 20) )
�
BY �JCv�f D • A S Si
MY COMMISSION EXPIRES � 31 20L �`�5 .••'""'' ��,�,'''�
REGISTRATION No.N°
'•. � JVO ARY PUBLIC
3s�
FINAL PLAT FOR BOUNDARY L/NE ADJUS�I�AI��
FAR BOUNOARVLINE A!Ut�A�FNBOWMAN-3HOEMAK£RCOMPAA�S�N��'�;�.°ALIUFlM1YCRIMSONLLCAND
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ALIZARIN CRIMSON, LLC AND JUDITH BRIM CATES, �f'A�``
JUMTH6RMICATES'AY"�RI��
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, V/RG/NIA
� RID A. EDENS �
Lic. No. 2550
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DATE: NOVEMBER 15, 2010
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GRAPHIC SCALE U.S. ROUTE 11 DATA, CURVE DATA, LEGEND,
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FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT
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TH 0BOWMAN-SHOEMAKER COMPANIES, INC.,ALIZARIN CRIMSON, LLC AND JUDITH BRIM CA TES, ET AL .4_ �.,Q.� QACK CREEK MAGISTERIAL. DISTRICT, FREDERICK COUNTY, VIRGIN14 A. EDENS
SCALE.' 1 " = 100' DATE.• NOVEMBER 15, 2010o. 2550
GREENWAY ENGINEERING, INC. lk-b'
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151 Windy Hill Lane
Engineers Winchester, Virginia 22602 SURNS
Surveyors Telephone: (540) 662-4185
FAX: (540) 722-9528 461 J SHEET J OF 7
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MATCH LINE - MATCH TO SHEET 3
NOTE
SEE SHEET 7 FOR LINE DATA, CURVE DATA, LEGEND,
NOTES AND AREA TABULATION.
COURSES WITH ASTERISK(*) DENOTE NEW LOT LINES
HEREBY ESTABLISHED.
FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF
Im
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FUTU� E S RT
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GRAPHIC SCALE
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BOWMAN -SHOEMAKER COMPANIES, INC.,
ALIZARIN CRIMSON, LLC AND JUDITH BRIM CA TES, ET AL
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIN/A
SCALE- I" = 100' 1 DATE- NOVEMBER 15. 2010
GREENWAY ENGINEERING, INC.
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX: (540) 722-9528
Founded iii 1971 www.greenwayeng. coin
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RICHARD A. EDENS
Lic. No. 2550
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42.02' TO IRS
NOTE
SEE SHEET 7 FOR LINE DATA, CURVE DATA, LEGEND,
NOTES AND ARE4 TABULATION.
COURSES WITH ASTERISK(*) DENOTE NEW LOT LINES
HEREBY ESTABLISHED.
0,�/G/NgCf y 8,/NcC sx
'�/RF'�NCF'� jNFPUNO sFF B 88 p41
S,y� 3� � pq0 C'pM,ogNy
l8
65' POWER RIGHT OF WAYS l Q 6R
POTOMAC EDISON CO. i -: N
DB 58J PG 585 O N UN�FiQyEgO
& DB 582 PG 495 J Q h //7y
2`(8
O �
3
h�j ti
cW
--�` ZONE' RA
ZONE -
N
ADJUSTED T.M. 75-A-2C
SEE SHEETS 3 & 4
80 0 80
GRAPHIC SCALE (IN FEET)
2
WIRE
FEN E i
EXISTING BOUNDARY
LINE HEREBY VACATED
U
0.14J9 ACRE
/ PORTION OF T. M.
74-A-71 HEREBY
o
l ADDED TO AND
3
l MADE A PART OF
m
T.M. 75-A-2R
LO
ADJUSTED TAX
PARCEL 75 A 2R
LOT 10
z
KERNSTOWN BUSINESS
PARK — SECTION I
1.6927 ACRES
v
IRF
60 • S7RE {y
INS � No. �UNM R ENS/ON 7 �
0
m
--SFF F,gRFq
SyE� sq/�
h
tLw
N
Pq R RE 84, R� E'�ENT
PG PLOT
TR \ 13¢1
6oPA�s�'�R/TY
R/sy
_ _ OB 8¢1 ?9
— — — --1PG 1341
20' RECORD PLATILITY T
\ \
DB841 PG 1341
T.M. 75-A-2H
LOT 11
CARLTON R. NEWLIN 20' TELEPHONE EASEMENT
DB 974 PG 1699 BELL ATLANTIC-WRGINIA, INC.
ZONE: B3 USE. COMMERCIAL DB 955 PG 1556
FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF
BOWMAN -SHOEMAKER COMPANIES, INC.,
ALIZARIN CRIMSON, LLC AND JUDITH BRIM CA TES, ET AL
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA
SCALE: 1 " = 80' 1 DATE' NOVEMBER 15, 2010
GREENWAY ENGINEERING, INC.
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng.coin
of
o r�'
o�-VA"q A�.fj"
RICHARD A. EDENS
Lic. No. 2550
ik
461J SHEET 5 OF 7
BND 10-14
0
Q�h
4FC.3 X, RAILROAD
ORIGINALLY WINCHESTER & STRASBURG RAILROAD COMPANY
VARIABLE WIDTH R/W
R.R. VALUATION MAP SEE DB 88 PG 136 GORE AREA
STATION 1954+00 203 SQ. FEET
RAILROAD TRACKS SEE NOTE BELOW
NAIL FOUND
WIRE FENCE IN POST
�-? IRS 1 L5 IRS 1 L8
R.R. VALUATION
MAP
STATION
1951+00
RAILROAD BOUNDARY o L 12
PER VALUATION MAP IRF
SEE NOTE BELOW
L11 IRFL13
L9 WIRE i FENCE \IRF
65' POWER R/W
Z
�- - - -15' BRL- - - - -
- -EFACL
POTOMAC EDISON CO.
OVERHEAD UTILITY WIRES
sv
DB 583 PG 585
�,
& DB 582 PG 495
3
� NW BOUNDARY OF LOT 10
o
�
1
PER RECORD PLAT
o
-
- -
m-
L - -ADJUSTED T.M. 75 AA-2R
- _ -
-------
------
LOT 10
"'- ?�
ADJUSTED
ADJUSTED
o
^'
o
SEE SHEET 5
```
T.M. 74 A-71
T.M. 75-A-2C
20' SHENANDOAH GAS
I"�
SEE SHEET 4
SEE SHEETS 3 & 4
CO. EASEMENT
�\
I DB 7JJ PG 27
50 0 50
GRAPHIC SCALE
(IN FEET)
NOTE
SHOWN ON THIS PLAT, IN ADDITION TO THE SUBJECT PROPERTY, IS A GORE AREA CONTAINING 20J
SQUARE FEET (OR 0.0047 ACRE) WHICH IS NOT INCLUDED IN THE STATED ACREAGE OF ADJUSTED
TAX PARCEL 75 A-2R (LOT 10 - KERNSTOWN BUSINESS PARK - SECTION I) AND IS NOT INCLUDED
WITHIN THE PREVIOUS SURVEY ESTABLISHING LOT 10 BY SUBDIVISION PLAT DATED MARCH 7, 2003
OF RECORD AS INSTRUMENT No. 030009805, NOR IS SUCH GORE AREA INCLUDED IN AN EARLIER
SURVEY OF THE PARENT TRACT DATED OCTOBER 21, 1987 OF RECORD IN DEED BOOK 662 AT PAGE
650. THE RAILROAD BOUNDARY SHOWN HEREON HAS BEEN ESTABLISHED BASED ON THE FOLLOWING
TWO DOCUMENTS: A DEED DATED SEPTEMBER 8, 1868 OF RECORD IN DEED BOOK 88 AT PAGE 136
WHEREIN -7HE LAND WAS ORIGINALLY CONVEYED TO THE WINCHESTER AND STRASBURG RAILROAD
COMPANY AND AN UNRECORDED MAP, COMMONLY REFERRED TO AS A RAILROAD VALUATION MAP,
ENTITLED "RIGHT-OF-WAY AND TRACK MAP, THE WINCHESTER AND STRASBURG RAILROAD COMPANY,
OPERATED BY THE BALTIMORE AND OHIO RAILROAD COMPANY, BALTIMORE DIVISION MAIN LINE" DATED
JUNE JO, 1918. THE RAILROAD BOUNDARY HAS BEEN RECONSTRUCTED AT THIS DATE BASED ON
THE CURRENT PHYSICAL LOCATION OF THE 7R4CK, THE INTERSECTING PROPERTY LINES AND THE
VARIABLE WIDTH RIGHT OF WAY GEOMETRY SPECIFIED ON THE REFERENCED VALUATION MAP. THE
ORIGINAL SOUTHWEST CORNER OF LOT 10 DESCRIBED ON THE RECORDED PLATS (SHOWN AS A NAIL
FOUND IN POST HEREON) LIES ON THE RECONSTRUCTED RAILROAD BOUNDARY, HOWEVER, THE
RAILROAD BOUNDARY DEPARTS TO THE WEST OF THE PLATTED LOT LINE ALONG THE NORTHWESTERN
BOUNDARY OF LOT 10, THEREBY FORMING THE GORE AREA DEPICTED HEREON. 77TLE TO THE AREA
WITHIN SUCH GORE IS IN QUESTION AT THIS TIME, HOWEVER, IT IS THE OPINION OF THE SURVEYOR
THAT IT WAS THE INTENT OF THE SUBDIVISION PLAT RECORDED AS INSTRUMENT No. 0J0009805 THAT
LOT 10 BE BOUND TO THE EXISTING RAILROAD BOUNDARY AND THEREFORE TITLE TO THE LAND
CONTAINED WITHIN THE GORE AREA DEPICTED HEREON SHOULD BE HELD BY THE OWNER OF SAID
LOT 10 . SEE PREVIOUS BOUNDARY SURVEY OF LOT 10 PREPARED BY THIS FIRM AND DATED MAY
24, 2006 (NOT A MATTER OF RECORD AS OF THIS DATE).
FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF (uORICH�ARD
�,LTH 0BOWMAN-SHOEMAKER COMPAN/ES, INC.,ALIZARIN CRIMSON, LLC AND JUDITH BRIM CA TES, ET AL �,^BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA A. EDENS
SCALE.• 1" = 50' DATE' NOVEMBER 15. 2010 No. 2550
REENWAY ENGINEERING, INC. e�
151 Windy Hill Lane D
Engineers Winchester, Virginia 22602 SUR��'
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528 461 J SHEET 6 OF 7
Founded in 1971 www.greenwayeng.coin BND 10-14
i
ri IRVF nATA
CURVE
' DELTA ANGLE
RADIUS
ARC LENGTH
TANGENT
CHORD BEARING
CHORD LENGTH
C1
06'51'06"
428.28,
51.22'
25.64'
N 6926'18" E
51.19'
C2
2735'38"
330.00'
158.93'
81.04'
N 5751'50" E
15Z40'
C3
82'5727"
25.00'
36.20'
22. 10'
N 853245" E
33.12'
LINE DATA
LINE
BEARING
DISTANCE
L 1
S 3522'09 " W
75.00'
L2
N 38'03'26 " E
54.32'
L3
N 71 '3939 " E
140.66'
L4
N 525832" W
460.32'
L5
N 470523" E
81.25'
L6
N 38'03'26" E
328.03'
L7
N 38'03'26" E
80.01 '
L8
N 4705 23" E
47.99'
L9
N 48'21'56" E
135.69'
L 10
N 4233'14" W
261.2 1'
L l l
N 4705'23" E
128.85'
L 12
N 49'02'49 " E
5.98'
L 13
S 59'2326" E
2.94'
L
BRL = BUILDING RESTRICTION LINE
PER 7.ONING ORDINANCE
-8, FH = FIRE HYDRANT
o GV = GAS VALVE
o IRF = 112" IRON REBAR FOUND
(UNLESS OTHERWISE NOTED)
o IRS = 112" IRON REBAR & CAP SET
• MH = SANITARY SEWER MANHOLE
<)- PP = POWER OR OTHER UTILITY POLE
. TP = TELEPHONE PEDESTAL
o TR = POWER TRANSFORMER BOX
• WM = WATER METER
WV = WATER VALVE
= OVERHEAD UTILITY WIRES
= FENCE LINE
_T M. 75—A-2C (BOWMAN
EXISTING AREA OF T.M.
—SHOEMAKER COMPANIES. INC. )
75—A-2C (BY SURVEY)
= 9.7169 ACRES
LESS PORTION ADDED
TO T.M. 74—A-71 (BY SURVEY)
_ — 0.7353 ACRE
PLUS PORTION OF T.M.
74—A-71 ADDED (BY SURVEY)
_ + 0.4989 ACRE
ADJUSTED AREA (BY SURVEY)
= 9.4806 ACRES
TM, 75—A-2R (ALIZARIN
EXISTING AREA OF T.M.
CRIMSON. LLC)
75—A-2R (BY SURVEY)
= 1.5489 ACRES
PLUS PORTION OF T.M.
74—A-71 ADDED (BY SURVEY)
_ + 0.1439 ACRE
ADJUSTED AREA (BY SURVEY)
= 1.6927 ACRES
_T H, 74—A-71 (JUDITH
EXISTING AREA OF T.M.
BRIM CATES ET AO
74—A-71 (PER RECORD INFO)
= 27.00 ACRES±
LESS PORTION ADDED
TO T.M. 75—A-2C (BY SURVEY)
_ — 0.4989 ACRE
LESS PORTION ADDED
TO T.M. 75—A-2R (BY SURVEY)
_ — 0.1439 ACRE
PLUS PORTION OF T.M.
75 A-2C ADDED (BY SURVEY)
_ + 0.7353 ACRE
NOADJUSTED
TES
AREA (BY ARITHMETIC)
= 2ZO9 ACRES±
1. THE BOUNDARY INFORMATION SHOWN ON THIS PLAT IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM.
2. NO . TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN.
J. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE
0.2X ANNUAL CHANCE FLOODPLAIN, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 51069C0330D, DATED
SEPTEMBER 2, 2009.
4. THE 0.4989 ACRE PORTION OF T.M. 74—A-71 HEREBY ADDED TO T.M. 75—A-2C AND THE 0.1439 ACRE
PORTION OF T.M. 74 A-71 HEREBY ADDED TO T.M. 75—A-2R ARE CURRENTLY ZONED RA, RURAL AREAS
PER THE FREDERICK COUNTY ZONING MAP. THE FREDERICK COUNTY ZONING ORDINANCE SPECIFIES SIDE
AND REAR YARD REQUIREMENTS WITHIN THE RA ZONE OF A MINIMUM OF 50 FEET. THE SAID PORTIONS
OF T.M. 74 A-71 ARE LESS THAN 100 FEET IN WIDTH AT THEIR WIDEST POINTS; THEREFORE, THESE
PORTIONS CONTAIN NO ALLOWABLE BUILDING AREA MEETING THE REQUIRED SETBACKS AS CURRENTLY
ZONED.
FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF �p.LTH 0
BOWMAN -SHOEMAKER COMPANIES, INC.,
ALIZARIN CRIMSON, LLC AND JUDITH BRIM CA TES, ET AL
BACK CREEK MAGISTERIAL. DISIR/CT, FREDERICK COUNTY, VIRGINIA RICHARD A. DENS
SCALE: NIA DATE.' NOVEMBER 15, 2010 L i c. No. 2550
REENWAY ENGINEERING, INC. e It -i5-I0 �o)
151 Windy Hill Lane D
Engineers Winchester, Virginia 22602 SURD
Surveyors Telephone: (540) 662-4185
FAX.• (540) 722-9528 461 J SHEET 7 OF 7
Founded in 1971 www.greenwayeng, com BND 10-14
Ln
Lr)
cV
o N
X>
UU
.,a
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w
41
c
o�
w vo
o�
ter,
Michael L. Bryan
9 Court Square
2'4 Floor
Winchester, VA
060013844 CD
Cn
THIS DEED, made and dated this I day of , 2006, by and between
COOPER RIDGE ESTATES, LLC, a West Virginia limited liability company, party of the
first part, hereinafter called the Grantor; and ALIZARIN CRIMSON, LLC, a Virginia
limited liability company, party of the second part, hereinafter called the Grantee.
NOW, THEREFORE WITNESSETH: That for and in consideration of the
premises and the sum of Ten Dollars ($10.00), cash in hand paid, receipt of which is hereby
acknowledged, the Grantor does hereby grant, bargain, sell and convey, with general warranty
of title, unto the Grantee, in fee simple, the following described property, to -wit:
All that certain lot or parcel of land, together with all improvements
thereon and all rights, rights of way and appurtenances thereunto belonging,
lying and being situate in Back Creek Magisterial District, Frederick County,
Virginia, situate along the southwestern cul-de-sac of Prosperity Drive (State
Route 1129), containing 1.5490 acres, more or less, and being more particularly
described as Lot 10 on that certain plat titled "Final Plat Lots 3, 4, 6, 7, 9 & 10,
Section 1, Kernstown Business Park" dated March 7, 2003, drawn by David M.
Furstenau, L.S., which plats are of record in the Clerk's Office of the Circuit
Court of Frederick County, Virginia as Instrument No. 030009805; and being
the same lands acquired by the Cooper Ridge Estates, LLC by that certain Deed
dated Mary 18, 2005, which Deed is of record in the aforesaid Clerk's Office as
Instrument No. 050005560; together with all right, title and interest of the
Seller in that certain strip of land, 60' in width, containing 0.2685 acres, more
or less, situate along the southeast boundary of the hereinabove described Lot
10, Section 1, Kernstown Business Park designated as "Additional Street
Dedication" on that certain plat titled "Final Plat Lot 11, Section 1, Kemstown
Business Park" dated July 27, 2000, drawn by David M. Furstenau, L.S., which
plat is attached to and made a material part of that certain Deed dated August
30, 2000, of record in the aforesaid Clerk's Office as Instrument No.
000009218 (Deed Book 974, Page 1699). Reference is hereby made to the
aforesaid instruments and the references contained therein for a further and
more particular description of the property.
Tax Map No.: 75-A-2R
This conveyance is made subject to all easements, rights of way and restrictions of
record affecting the subject property; provided, however, that the foregoing shall not be
deemed in any way to reinstitute or republish any restrictions of record that may have expired
or lapsed.
The Grantor does hereby covenant that it has the right to convey to the Grantee; that
the Grantee shall have quiet and peaceable possession of the said property, free from all
liens and encumbrances; and it will grant such further assurances of title as may be requisite.
Klchael L. Bryan
9 Court Square
2" Floor
Winchester, VA
I
WITNESS the following signature and seal:
COOPER RIDGE ESTATES, LLC
By: -�„J (SEAL)
Paul L. Negley, Member/Manager
STATE OF VIRGINIA, AT LAR E,
City/County of to -wit:
The foregoing instrument was acknowledged before me, a Notary Public in and for
the State and Jurisdiction aforesaid, this 9 day of , 2006 by Paul L.
Negley, Member/ Manager of Cooper Ridge Estates, C.
17
My Commission expires:
Of OT)RY PUBLIC ' V� i ; •y�
STATE OF VIA, T LPMU i�
City/County of o-wit: .4
The foregoing instrument was acknowledged before me, a Notary Public'irl aiid 16r .,"•'
the State and Jurisdiction aforesaid, this ZZ day of , 2006 by Clement L.
Negley, Member/Manager of Cooper Ridge Estates, LI, .
My Commission expires: zd��
NfA17 PUBLIC
T14IS INSTRUMENT PREPARED BY: :%(, tr yp'"` ♦ '�
Michael L. Bryan, Esquire
. .
Bryan & Coleman, P.L.C.
9 Court Square, 2' Floor
Winchester, Virginia 22601
VIRGINIA: FRI ILL•'.RICK COUNTY.SCT.
This instrument of writing WIS lurniuced to me on
N"Ipmn
cADccds\Cooper Ridge to Alizarin
l��Ci p
5125106
and w h certificate achno\0e(hcL•ni,,,nt thmrcio annexed
vas admitted to record. Tm iml)oscd i)y Scr. 5ti.1-802 of
Q,and 5S.I-801 have been paid, if irssessable,
Clerk
t��-�Wke
O
N
-_J
G7
THIS DEED, made and dated this 2` d day of March, 2005, by and between JM
LEASING, LLC, a Virginia Limited Liability Company, hereinafter called the "Grantor";
and JASBO, INC., a Virginia Corporation, hereinafter called the "Grantee".
WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00),
cash in hand paid, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor does hereby grant and convey, with general warranty of title, unto
the Grantee, in fee simple, an undivided 29.82673 percentage interest in and to the following
described property:
All of that certain lot or parcel of land, together with the improvements
thereon and appurtenances thereto belonging, lying and being situate along the
West side of U. S. Route I 1 (Valley Pike), in Back Creek Magisterial District,
Frederick County, Virginia, containing 9.710 acres, and more particularly
described as Parcel "A" on that certain plat of survey titled "Subdivision
Survey of a portion of the land of James M. Horton" drawn by Thomas A,
Shockey, C.L.S., dated August 5, 1986, of record in the Clerk's Office of the
Circuit Court of Frederick County, Virginia in Deed Book 630, at Page 297,
and further described on that certain `Building Location Survey of the land of
Virginia Pride Fruit Packers, Inc." drawn by S. W. Marsh, L.S., dated
February 21, 1995, of record in the aforesaid Clerk's Office in Deed Book
835, at Page 427; and being the same lands acquired by Juve Leasing, LLC, a
Virginia Limited Liability Company, by that certain Deed dated May 20, 2002,
from Shenandoah Foods, Inc., which Deed is of record in the aforesaid Clerk's
Office as Instrument No. 020008280. Reference is made to the aforesaid
instruments for a more particular description of the property herein conveyed:
Tax Map No. 75-A-2C
This conveyance is made subject to all easements, rights of way and restrictions of
record affecting the subject property; provided, however, that the foregoing shall not be
deemed in any way to reinstitute or republish any restrictions of record that may have expired
or lapsed.
The Grantor does hereby covenant that it has the right to convey to the Grantee; that
the Grantee shall have quiet and peaceable possession of the said property, free from all liens
and encumbrances; and it will grant such further assurances of title as may be requisite.
WETNESS the following signature and seal:
Michael L. Bryan
9 Court Square
2' Floor
Winchester, VA
JUVE LEASING, LLC,
a Virginia Limited Liability Company
By f .�' '' ,e, & &gv4'1 c (SEAL)
Claudio Buono, Manager
STATE OF VIRGINIA, AT LARGE,
CITY/P_�1 OF Wi to -wit:
The foregoing instrument was acknowledged before me on the c�?�y of March,
2005, by Claudio Buono, who is Manager of Juve Leasing, LLC, a Virginia Limited Liability
Company, and whose name is signed to the foregoing Deed dated the 2" d day of March, 2005,
My commission expires % 13, )D(
W0_TXkY PUBLIC
THIS INSTRUMENT PREPARED BY:
Michael L. Bryan, Esquire
9 Court Square, 2"d Floor
Winchester, Virginia 22601
540/545-4130
LL,,11 �•�
•.
iviL3/pmn
cADeedsUuvc to Jasbo
-¢--Az ))rcx00ax1 w me ou
'Fig AA
��: `f4�Ll• ll . 1 1•{.� 1 l �1 .l W.il1 i1�Y�\rW♦ �/�
q ga. U Du, t Rr"*1k*YI PaK if mow"
itbitl L. Bryan
Court Square
Z' Flo -or
Vinchester, VA
105
Ln
Ln
N
N
y
QQ
CJ 41Go
n°. v/i
N
r
C
•0
t;
ehael L Bryan
Court Square
2"i Fkmr
'indmmter, VA
6 5
0600
0
DO
Cn
co
THIS DEED, made and dated this 2' day of March, 2005, by and between IM
LEASING, LLC. a Virginia Limited Liability Company, hereinafter called the "Grantor";
and J,SQ, INC,, a Virginia Corporation, hereinafter called the "Grantee".
WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00),
cash in hand paid, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor does hereby grant and convey, with general warranty of title, unto
the Grantee, in fee simple, an undivided 70.17327 percentage interest in and to the following
described property:
All of that certain lot or parcel of land, together with the improvements
thereon and appurtenances thereto belonging, lying and being situate along the
West side of U. S. Route 11 (Valley Pike), in Back Creek Magisterial District,;
Frederick County, Virgitua, containing 9.710 acres, and more particularly
described as Parcel "A" on that certain plat of survey titled "Subdivision
Survey of a portion of the land of James M. Horton" drawn by Thomas A.
Shockey, C.L.S., dated August 5, 1986, of record in the Clerk's Office of the
Circuit Court of Frederick County, Virginia in Deed Book 630, at Page 297,
and further described on that certain `Building Location Survey of the land of
Virginia Pride Fruit Packers, Inc." drawn by S. W. Marsh, L.S., dated
February 21, 1995, of record in the aforesaid Clerk's Office in Deed Book
835, at Page 427; and being the same lands acquired by Juve Leasing, LLC, a
Virginia Limited Liability Company, by that certain Deed dated May 20, 2002,
from Shenandoah Foods, Inc., which Deed is of record in the aforesaid Clerk's
Office as instrument No. 020008280. Reference is made to the aforesaid
instruments for a more particular description of the property herein conveyed.
Tax Map No. 75-A-2C
This conveyance is made subject to all easements, rights of way and restrictions of
record affecting the subject property; provided, however, that the foregoing shall not b.,-
deemed in any way to reinstitute or republish any restrictions of record that may have expired
or lapsed.
The Grantor does hereby covenant that it has the right to convey to the Grantee; that
the Grantee shall have quiet and peaceable possession of the said property, free from all liens
and encumbrances; and it will grant such further assurances of title as may be requisite.
WITNESS the following signature and seal:
JUVE LEASING, LLC,
a Virginia Limited Liability Company
By /4AW- (SEAL)
laudio Buono, Manager
0
N
CT
STATE OF VIRGINIA, AT LARGE,
CITY/COLW'-)r-OF A to
The foregoing instrument was acknowledged before me on the ol 4day of March,
2005, by Claudio Buono, who is Manager of Juve Leasing, LLC, a Virginia Limited Liability
Company, and whose name is signed to the foregoing Deed dated the 2' day of March, 2005.
My commission expires '? 1?Xs /► ,
THIS INSTRUMENT PREPAREp BY:
Michael L. Bryan, Esquire
9 Court Square, 21 Floor
Winchester, Virginia 22601
540/5454130
MLB/pmn
cADoedsUuve to Jasbo #2
chad L. Bryan
Coact Square
2' Floor
'[achattr, VA
NOTARY PUBLIC
v
CUVNTy, SCT.
Tt is ilw.—Umprt• -,t ,v ;uf ww ))"cued to we ou
•.�.�:� %�u��►���..��, �/1� • .., ; ; �' �rt�is�+t�t b,� �, �1i,1*8Q� OQ
S �;.� . , ,'.�„✓� �q,. , ; � . t •„ +2 h A Ntz lti�B , i# �+wwai
MelvDetail • https://taxes.co.fre� ck.va.us/Applications/IZEPubliclnduiry/ViewDet...
Real Estate Public Inquiry Ticket Detail
2011 REAL IS'1Wl'E TAXES
Department# :RE2011 'Ticket #: 35900002 FRQ: 2 supii: 0
Name: BOWMAN -SHOEMAKER Accounitl: 29235
Name 2: Mapit: 75 A 2C
Address:COMPANIES INC Description: 9.48 ACRES
PO BOX 480
STEPHENS CITY VA 22655
Bill Date:0411812011 Due Date: 12/05/2011
Land: $1,569,000 Improve:
$4,000 Use: Minerals:
Original Bill: $4,286.42 Payments:
$4,286.42- Acres: 9.71
Penally Paid: Inl Paid:
Amount Owed: Other:
Last Date: 11/29/2011
'Total Owed: Penally:
Interest:
Note (ILII Irpllylll'lll Iu\ been receiNed-wi ll lilt (Ik lat1 10
hiMlk:\1 dayl. ally' Ic I III Iled 1lei 1K II It llol he plimed al Illk II IIY'.
111C;lw OVA is Ilk we'hllle ;IL':1111.
Date t\'jx
Iyllll� Ile'11011 Ii �1IYlllll( llldlllll'l'
4/I8/2011
Charge - - - -
- 0
$4,28G.12
$-1,286.42
11/29/2011
1 1'aynrnl
I 90i7
(S4,286:12)
Use the print key for your browser to print a copy of taxes paid for this year.
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https://taxes.co.f'rec-ick.Wl Lls/Applications/REPubliclnquiry/VewDet...
Real Estate Public Inquiry Ticket Detail
2011 REAL ES'IA7'E'IAXES
Department# :RE2011 'ticket It: 4550002 FRQ: 2 Supll: 0
Name: ALIZARIN CRIMSON LLC Accountll: 41495
Name 2: blapll: 75 A 2R
Address: PO BOX 480 Description: KERNSTOWN BUSINESS PARK L
STEPHENS CITY VA 1.69 ACRES
22655
hill Date:04/18/2011 Due Date: 12/05/2011
Land: $320.700 Improve: Use: Minerals:
Originalllill: $873.91 Payments: $873.91- Acres: 1.55
Penalty Paid: flit Paid:
Amount Owed: Other: Last Date: 11/29/2011
'Total Owed: Penalty: Interest:
\o4-tlul if pa�uti,i1l he, hen ret•ri,ed-�cithin 1hrlasl 10 huciixti"Ja)e, an}'rcaunrtl itcunllny not he potted al Ihiti link.
I'Ira,e cluck av ,cch,itc Lain. -- --------
Date 'INpe IhmaiictionIt Anxnmt F14alatxc
-Ul8/2011 Clurc - 0 587391 S871.91
11/29/2011Pa)ntnt 28981 — (5873.911 W-W
Use the print key for your browser to print a copy of taxes paid for this year.
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I of I 1 / 19/2012 4:54 PM
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX:540/665-6395
MEMORANDUM
TO: Finance Department
FROM: Pam Deeter, Office Assistant II
i
SUBJECT: Return Of Sign Deposit
DATE: March 20, 2012
The amount of $50.00 was deposited in line item #3-010-019110-0008 for Renaissance
Commercial Center. They had a deposit for one sign for a Rezoning #02-12. Renaissance
Commercial Center has returned the sign and is therefore entitled to the return of the deposit.
You may pay this through the regular bill cycle.
Please send a check in the amount of $50.00 to:
Renaissance Commercial Center
P.O. Box 480
Stephens City, VA 22655
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
RECEIVED FROM � &"{
A ESS _�- �- - CC��
FOR RENT( i
FOR _ -
6 3 �1'� ➢ �I,1 "Y. giY' 1�
I AMT OF \ V-1
OINI, ACCOUNT I CASH—--I---� O ' Y �Y)'
AMT. PAID CHECK I d
G'- ,
- BALANCE , I MONEY
DUE
12948
12948
$200.00
Pay Amount
$200.00
M
im
3
T A X R E C E I P T Ticket #:00006630001
_.s ERICK COUNTY Date 1/23/2012
��a WILLIAM ORNDOFF, JR Register: LRE/LREB1
6sas,",�0. BOX 225 Trans. #: 05338
Dept # 1095
WINCHESTER VA 22604-0225 Acct#
SIGN DEPOSITS PLANNING Previous
Balance $ 50.00
Principal Being Paid $ 50.00
Penalty $ .00
Interest $ .00
PLANNING AND DEVELOPMENT
Amount Paid $ 50.00
*Balance Due $ .00
Pd by PLANNING AND DEVELOPMENT Check 12167.00 # VARIOUS
BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 1/2012
0
a 41G� CO��
/4 COUNTY of FREDERICK
Roderick B. Williams
County Attorney
y`17)1'
J ��I 5 2012
540/722-8383
Fax 540/667-0370
E-mail:
i - rwillia@co.frederick.va.us
January 3, 2012
VIA FACSIMILE — (540) 772-9528 — AND REGULAR MAIL
Mr. Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester VA 22602
Re: Renaissance Commercial Center — Tax Parcel Numbers 75-A-2C & 75-A-
2R — Proposed Rezoning Proffer Statement dated November 30, 2011
Dear Evan:
You have submitted to Frederick County for review the above -referenced
proposed proffer statement (the "Proffer Statement") for the proposed rezoning of Tax
Parcel Numbers 75-A-2C & 75-A-2R (the "Property"), owned by Bowman -Shoemaker
Companies, Inc. and Alizarin Crimson, LLC, in the Back Creek Magisterial District,
specifically, for Tax Parcel Number 75-A-2C, 8.9817± acres from the B3 (Industrial
Transition) District to the B2 (Business General) District and 0.4989± acres from the RA
(Rural Areas) District to the B2 (Business General) District, all with proffers, and, for
Tax Parcel Number 75-A-2R, 0.14f acres from the RA (Rural Areas) District to the B3
(Industrial Transition) District, with proffers for the entire tax parcel. I have now
reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be
in a form to meet the requirements of the Frederick County Zoning Ordinance and the
Code of Virginia, and would be legally sufficient as a proffer statement, subject to the
following comment:
• For clarity with respect to exactly what is being rezoned and how, on the first
page, next to "REZONING:", I would recommend specifying the acreages at
issue for each parcel, such as:
REZONING: RZ #
Tax Parcel Number 75-A-2C: 8.9817f acres from the B3
(Industrial Transition) District to the B2 (Business General)
District, with proffers, and 0.4989f acres from the RA
107 North Kent Sheet • Winchester, Virginia 22601
• 0
" Mr. Evan Wyatt
January 3, 2012
Page 2
(Rural Areas) District to the B2 (Business General)
District, with proffers
Tax Parcel Number 75-A-2R: 0.14± acres from the RA (Rural
Areas) District to the B3 (Industrial Transition) District,
with proffers, and 1.5527± acres from the B3 (Industrial
Transition) District to the B3 (Industrial Transition)
District, with proffers
The reference to the 1.5527± acre portion of 75-A-2R is to make clear that the
proffers would apply to the entirety of the parcel, including the portion already
zoned B3, as I believe that may be part of the intention of the proposed rezoning.
Finally, it may be helpful as well to include a map exhibit with the package that
shows the properties with the zoning designations as proposed.
I have not reviewed the substance of the proffers as to whether the proffers are
suitable and appropriate for this specific development, as my understanding is that that
review will be done by staff and the Planning Commission.
Sinc
Roderick B. Williams
County Attorney
cc: Michael L. Bryan, Esq., Bryan & Coleman (via facsimile and regular mail)
Candice E. Perkins, AICP, Senior Planner, Frederick County
U'I'Y of"FR��DERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Roderick B. Williams, County Attorney
FROM: Candice E. Perkins, AICP, Senior Planner
RE: Rezoning Application Proffer Statement
DATE: December 28, 2011
Please find attached to this memorandum the proffer statement for the Renaissance Commercial
Center Rezoning. We would appreciate your review of the Proffer Statcnnent.
Thank you for your assistance.
cc: Jolui Riley, Jr., County Administrator
Attaclument
CEP/bad
0 GREENWAY ENGINEERING
151 Windy Hill Lane JAN 2 0 2012
Founded in 1971 Winchester, Virginia 22602 i.
TRANSMITTAL.-.:
Project Name: Renaissance Commercial Center Rezoning; Application
File No: 4613
Date: Fri, Jan 20, 2012
To: FC PlanninV.
Attn: Canclice Perkins
Copied
Delivery: ❑ Fed Ex
❑ Other_
❑ U.S. Mail
From: Evan Wyatt
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
❑V Courier ❑ Pick Up
❑ Urgent ® For Your Review ❑ As You Requested Z Please Comment
Message
Hi Canclice,
Please find attached the complete rezoning application for the Renaissance Commercial Center
project, including 70 color copies of all exhibits. Please schedule this project for the February 15,
2012 Planning Commission agencla and clo not hesitate to contact me if you neecl anything else at
this time.
Thank you, Evan
Hand Delivery and Pick Ups Only:
Received by: Date:
Please Print Name:
0
•
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
NOTIFICATION OF PUBLIC HEARING
February 29, 2012
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION 402-12 FOR RENAISSANCE COMMERCIAL CENTER
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, March 14, 2012, at 7:15 p.m. in the Board Room of the Frederick County
Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following
application:
Rezoning 02-12 of Renaissance Commercial Center, submitted by Grcenway Engineering, to rezone
8.9817 acres from the B3 (Industrial Transition Business) District and 0.4989 acres from the RA (Rural
Areas) District to the B2 (General Business) District; and, 1.5527 acres from the B3 District and 0.1439
acres from the RA District to the B3 District, totaling 11.1772 acres, with proffers, for commercial use.
The properties are located on the west side of Valley Pike (Route I I South), approximately '/2 mile
south of the Route 37 interchange near Interstate 81 Exit 310and are identified by Property Identification
Numbers 75-A-2C and 75-A-2R in the Back Creek Magisterial District.
Any interested parties having questions or wishing to speak may attend the public hearing. A copy of
the application will be available for review at the Handley Library and the Bowman Library the week of
the meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at:
www.co.frederick.va.us.
Sincerely,
Candice E. Perkins, AICP
Senior Planner
CEP/bled
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
�J
This is to certify that the attached correspondence was mailed to the following on
from the Department of Planning and Development, Frederick
County, Virginia:
75 -A- - 1-
75 - A- - 2-C VENTURE I OF WINCHESTER LLC
BOWMAN -SHOEMAKER 827 ARMISTEAD ST
COMPANIES INC
PO BOX 480 WINCHESTER VA 22601.6705
STEPHENS CITY VA 22655.0480 75 - A- - 2-H
NEWLIN CARLTON R
2984 WARDENSVILLE GRADE
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
75 - A- - 2-R
ALIZARIN CRIMSON LLC
PO BOX 480
STEPHENS CITY VA 22655.0480
74 - A- - 68-
CARBAUGH HENRY J TRUSTEE
831 SHADY ELM RD
WINCHESTER VA
74 -A- - 71-
BRIM STEPHEN D ETALS
254 W QUEEN ST
STRASBURG VA
74 - A- - 12-
BARLEY MARY KLINE
868 MARLBORO RD
STEPHENS CITY VA
22602.2534
22657
22655.5232
STATE OF VIRGINIA
COUNTY OF FREDERICK
WINCHESTER VA 22602.3040
75 - A- - 2-Q
PIPPIN ENTERPRISES LLC
164 MEADOW TRACE LN
MIDDLETOWN VA 22645.1851
75 - A- - 2-A
COMMONWEALTH OF VIRGINIA
PO BOX 2249
STAUNTON VA 24402.2249
75 -3- - 9-
MILLER AUTO SALES INC
3985 VALLEY PIKE
WINCHESTER VA 22602.2465
Candice E. Perkins, Senior Planner
Frederick County Planning Dept.
1 a Notary Public in and for the State and County Z/
aforesaid, do Preby certify that Candi E. Perkins, Senior Planner for thepepaipent of Planning
and Development, whose name is signed to the foregoing, dated aqo , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this 2, — - day of
My commission expires on
i. utLLINUEij
NOTARY PUBLIC
REGISTRATION # 33137?
COMMONWEALTH Cr VIRGINI;',
MY COMMISSION EXPIRE.,
UULY3i, 2015
0
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
February 3, 2012
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RC: REZONING APPLICATION 02-12 FOR RENAISSANCE COMMERCIAL CENTER
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on Wednesday, February 15, 2012, at 7:00 p.m. in the Board Room of the Frederick
County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the
following application:
Rezoning 902-12 of Renaissance Commercial Center, submitted by Greenway Engineering, to rezone
8.9817 acres from the B3 (hldustrial Transition Business) District and 0.4989 acres from the RA (Rural
Areas) District to the B2 (General Business) District; and, 1.5527 acres from the B3 District and 0.1439
acres from the RA District to the B3 District, totaling 1 1.1772 acres, with proffers, for commercial Llse.
The properties are located on the west side of Valley Pike (Route 1 I South), approximately '/2 mile
south of the Route 37 interchange near Interstate 81 Exit 310and are identified by Property Identification
Numbers 75-A-2C and 75-A-2R in the Back Creek Magisterial District.
Any interested parties having questions or wisliing to speak may attend the public hearing. A copy of
the application will be available for review at the I-Iandley Library and the Bowman Library the week of
the meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at:
www.co.fi•ederick.va.Lis.
Sincerely,
al;� - al-1—
Candice E. Perkins, AICP
Senior Planner
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
•
0
T nis is to certify th t l- e a�ached correspondence Nvas mailed to the following on
the Department of Planning and Development, Frederick
ounty, Virginia
75 -A- - 2-C I-75-A-
BOWMAN-SHOEMAKER
COMPANIES INC
PO BOX 480
STEPHENS CITY VA 22655.0400
Gremway Engineering
1 5 1 Windy Hill Lane
Winchester, VA 22602
75 -A- - 1-
VENTURE I OF WINCHESTER LLC
827 ARMISTEAD ST
WINCHESTER VA 22601-6705
75 - A- - 2-H
NEWLIN CARLTON R
2984 WARDENSVILLE GRADE
WINCHESTER VA 22602.3040
75 - A- - 2-11 , -7 5 - A - Z- a 75 - A- - 2-11
ALIZARIN CRIMSON LLC PIPPIN ENTERPRISES LLC
PO BOX 480 164 MEADOW TRACE LN
STEPHENS CITY VA 22655-0480 MIDDLETOWN VA 22645.1851
74 - A- - 68- 75 - A- - 2-A
CARBAUGH HENRY J TRUSTEE COMMONWEALTH OF VIRGINIA
831 SHADY ELM RD PO BOX 2249
STAUNTON VA 24402.2249
WINCHESTER VA 22602.2534 75 - 3- - 9-
MILLER AUTO SALES INC
74 -A- - 71- 3985 VALLEY PIKE
BRIM STEPHEN D ETALS WINCHESTER VA 22602.2465
254 W QUEEN ST
STRASBURGVA 22657
74 - A- - 12-
BARLEY MARY KLINE
868 MARLBORO RD
Candice E. Perkins, Senior Planner
STEPHENS CITY VA 22655-5232 Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I wx
, a Notary Public in and for the State and County
aforesaid, do reby certify that Can I •e >✓. Perkins, Senior Planner for tl e D partment of Planning
and Development, whose name is signed to the foregoing, dated Z , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
e
Given under my hand this _-_./� day of ��Gr CIO
—��—
My commission expires on
�a • pELLINGER
gEVERLY N.
NOTARY POBLIC1878
COMMONWEA iH OF VIRGINIA
MY CO uMYS31O2015PIRES NOTARY P LIC
TO:BARBARA-DATA PROCESSING
FROM : BEV - PI nning Dept.
Please print sets of I
� _ s by
THANKSI
5. The Code of Virizinia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Beverley B. Shoemaker - Bowman -Shoemaker Companies, Inc.
Beverley B. Shoemaker - Alizarin Crimson, LLC
6. A) Current Use of the Property: Commercial 8 Unimproved
B) Proposed Use of the Property: Commercial
7. Adjoining Property:
PARCEL ID NUMBER
,-74-A-6& 1-4-A-71
-74-A-12
/75-A-1 ,
i75-A-2H;'15-A-2b
75- 2; f5-A-2A; 754ZIB
USE
Agricultural
Church
Unimproved
Commercial
Commercial & Unimproved
ZONING
RA District
RA District
M1 District
B3 District
B2 District
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
West side of Valley Pike (US Route 11 South); approximately 1/2-mile south
of the Route 37 interchange near Interstate 81 Exit 310
13