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HomeMy WebLinkAbout09-22 The Canyon, LC - Red Bud PINS 55-A-210, 212 212A Revised Proffer - Backfilei REZONING TRACKING SHEET Check List: Application Form Fee & Sign Deposit Proffer Statement ✓ Deed impact Analysis Plat/Survey Adjoiner List Taxes Paid Statement V I File opened Reference manual updated/number assigned C a D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping ZV Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct) Planning Commission Meeting ACTION: Board of Supervisors Meeting ACTION: zZ Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers �J �a Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated (( (� I aA Scanning updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Sys ID # NOTES L L RECEIVED FROM ADDRESS G�� T h Uu BSc FOR DATE —I I-==;,/-C-� c cc n�cu ACCOUNT HOW HOV PAID A.MT. OF ACCOUNT GASH r, u i I 1`� cnecl 13ALANCE .MONEY DUE ORDER BY No.320499 aD— 5 �l/IJ�i Gy' PIEPEPKI. C•. BLUOU REZONING APPLICATION #09-22 THE CANYON, LC Staff Report for the Board of Supervisors Prepared: October 20, 2022 Staff Contacts: M. Tyler Klein, AiC1', Scnior Planncr Reviewed Action Planning Commissiol: 10/19/2022 Recommended Approval Board of Supervisors: 10/26/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/26/22 BOARD OF SUPERVISORS MEETING: This is an application to rezone (minor proffer amen(Iment) +/-174.98 acres from RP (Residential Performance) District with proffers to RP (Residential Performance) District with revised proffers. This proposal would amend the previously approved proffer statement for RLZ #06-15, Opequon Crossing, to further specify no "certificate of occupancy" shall be issued for any dwelling unit Nvithout completion of improvements to Route 7 and the proposed collector "spine" road (Proffer 9.2) and further clarify the monetary escalation occurs from the original 2015 rezoning (Proffer 13.1). All other provisions in the approved proffer statement (land use, density, Other transportation improvements) remain unclltered. The subject properties are located wholly in the Red Bud District. The Planning Commission recommended approval ol'the rezoning application at their October 19, 2022 meeting (7-0-5-1; Commissioners Aikens, Kerns, Moldcn, Thomas & Triplett absent; Commissioner Manuel abstain). F'ollowinu the public nreetinLr a decision regarding this rezoning, application bh the Board of' Supervisors would be aLrropriate The flpp/icant should be prepared to adeQuatell, address a// concerns raised hi, the Board o 'Suarvisor•s. Rezoning #09-22 The Canyon, LC October 20, 2022 Pa�.;c 2 Tllls report !s prepared bt, the Frederick Couny, hluniting Steif f to provide l/l f01'/1Jutl(111 to the Planning Commission ynd the Bourll Of Sliperyiml s to tissist them in intiking a lleGs1011 Oil t1113 appllclltlO/J It /leap also be usefl(l to others interested in this zoning /11(lttel'. Unresolved i.ysues C(IIICL'171111tr tITIS !lppllCatl011 are Il(1tell by stuff'where 1'eI!'yll/lt thl'(1ll,lih01/t this staff report. PROPOSAL: This is an application to rezone (minor proffer amendment) +/-174.98 acres from RP (Residential Performance) District with proffers to RP (Residential Performance) District with revised proffers. LOCATION: The properties are located south ol' Route 7, cast and west of Eddy's Lane and adjacent to the Opequon Wastewater Reclamation facility at the eastern boundary of Frederick County along Opequon Creel:. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUIVIBERS: 55-A-210, 55-A- 212 and 55-A-212A PROPERTY 'ZONING: RP (Residential Performance) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: Rural Areas (RA) South: Residential Performance (RP) East: Clarke County Use: Vacant/Rcsidcntial Use: Open Space/Residential Use: Clarke County/Vacant West: Residential Performance (RP) Use: Rcsidcntial Rezoning 809-22 The Canyon, LC October 20, 2022 Page 3 REVIEW EVALUATIONS: Plallnillt; & Zoning: I) Site Hlston, The subject properties, collectively known as "Opequon Crossing" were originally rezoned from RA (Rural Areas) to RP (Residential Performance) in November 2009 (REZ #12-07). A subsequent rezoning (#06-15; approved December 2015) modified the previously approved proffer statement. Since 2015, the subject properties have remained vacant and undeveloped. A Master Development Plan (MDP, #01-22) was administratively approved in March 2022 for 574 residential dwelling units, and a Subdivision Design Plan (SDP) is presently under review by the Department of Planning and Dcvc1opmcnt prior to commencemei7t of land disturbing activities. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the community's guide I'm 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; the Plan is a composition of policies used to plan for the future physical development of Frederick County. The Area Plans and Appendix I ofthe Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning efforts ofthe County. Comprehensive Plan Land Use Compnlibilil>> The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Arca (SWSA). The UDA defines the general area in which more intensive forms ofresidential development will occur. In addition, the Opequon Crossing property is located within the SensenWEclslern Frederick Urbcrn Area Plan. This land use plan calls for the subject properties to be developed as "residential." The existing zoning of the property, RP, is in c•nnlormanee with the Plan. The proposed rezoning (minor proffer amen(Iment) does not propose any changes to the previously approved zoning district (RP) or land uses. The proposed minor proffer amendment, to clarify the "trigger" for proffered transportation improvements, changing "building permit" to "certificate of occupancy" (proffer 9.2) does not impact the conformity ofthe application to the Plan. 3) Access & Transportation The proposed rezoning (minor proffer amendment) does not propose any changes to the previously approved proffered transportation improvements. I-Iowever, the proposed proffer amendment does clarify that the proffered transportation improvements to Route 7 and the Rezoning 909-22 The Canyon, LC October 20, 2022 Pagc 4 future collector road ("spine road") will need to be completed prior to issuance of the first I'm JIicate ofoccupancy" and that the monetary escalation occurs from the original rezoning application approved in 2015. 4) Potential Impacts & Proffers The proposed rezoning (minor proffer amendment) clocs not propose any changes to the previously approved total number of Units or othcr capital contrlbut lolls. PLANNING CONINIISSION SUNINIARY AND ACTION FROM THE 10/19/22 MEETING: The Planning Commission received a presentation on Octobcr 20, 2022 and offered no comments. The rezoning application was sent forward to the Board ol'Supervisors Nvith a recommendation of approval (7-0-5-1; Commissioners Aikens, Kerns, Molden, Thomas & Triplett absent; Commissioner Manuel abstain). Follml,ing the public meeting a decision regarding, this rezoning application bi, the Board o SuI)ervisors would be appropriate The AI)lVicant should be prenured to adequately address all concerns raised by the Board o 'Sufrervisors. REZ # 09 - 22: The Canyon, LC PINS:55-A-210,55-A-212,55-A-212A Rezoning from RP to RP with Revised Proffers Zoning Map T RERR VIl1F1 2l26 i ti x" f , IKE SERRYVILU IIK CE DR A VALLEY ILL�RO` �� 111 VALLEY MIU RO �� + � � • 1291 + U91 EDDYSLN IIS •'193 VALLEY I� VALLEY I196, EDDYS�W EDDYS W w DR MILL RD MIU RD MIALL RD , tSl �• i` - EDDYS W 1111 IOR VA LL•RACE LM IIJO ILL RD -• I �• VALY r "' "'R MIU RD 7 t191 J100 At RD PIKE LE VA i.. • y. • '� MILL RD 2JJ . PIKE r - ' �1 •.� { • ft• }• .' ,. v 2iM EDDYS W _ �t�,ISS� EDDYS W t11f1 ?BISCANE:CT �IIRISCAN1 rONE DR 1 I SO RA DR EDDYS W S U 64A DR -ISO 1 ' I SOLARDR IRE CTj �/ SSA 210 IIJ /RRE Ci 120 rs� SOGRA.OR F 1. -22 IRE Ci 110 SEOIlOIA Dit SS A 212A i • r� •• • II7 THOM SON C A `2d 4125 ,tjlp,CANYON RD TMOMPSON CiJ•100 CANYON`RD 111 ``E'ATM�Ci 1 ' RD OCANYON 7 %, DHEAT i SSA 212 IN NLC10 IN�C GLORY 100 AUIEE C Ir17 65 ►ANGRORNf C HEA I I Ci AULLEE C �L NOGRI I•IS JIJ II/1 ULEE RENT►ATH C 1 A'6 CANY- RD 336 ING�GLORY LM�RENT►ATH C 20R CANYON RD �' III NEAT Gi .2I_5 107 M�R •�ANGWRNE CF =►jjHEATN , CT 1/pRf011f C MROSF L 2I0 �•-"-AMCi1` �� x ALINE ME � RE �R�tr01 106 20�-_ CANYO RD NORfOLKCi �27,37• . � .SENSFNY Rb Q Application Parcels Sewer and Water Service Area Future Rt 37 Bypass 81 (Neighborhood Business District) B2 (General Business District) MH1 (Mobile Home Community District) RP (Residential Performance District) 0 550 1,100 CLARKE COUNTY VIRGINIA ARKE UNTY N' `M� t S Frederick County Planning & Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 2.200 Feet Man Created' Seotember 21. 2022 19 SRISCANE�Ci �, RISC TOME OR IA S � 2� iHO ES A 428t '�%i�0 CANYON RD � rw�.l► 1NLR ON,RD 1-7S GLORY, :'wAn is ,iqG GLORYDR BiEENiR�� N AM TER Ala , ►A PRIMROSE IL 2I0" .-46*ALPINI MEA[ 203, AVINE MEADOW.A _.. 1r_! RY DR DING ^ AU Y-DRY • MEAD I OOj'S � • 1 I FER-Ci SEN GLORY DR,1GIi T 106 N RD �M NORfOU( '� A SENSE RD 1y212 'A - DR CA- Its• -CIMREDR,�111 JOR CANYON RD L UUYS Lh ,., -W , 8 se41 • • e .•+0<♦ .��♦♦ - +•+ • 1�♦�♦�♦�♦�♦♦•jam♦�♦♦ ♦ ► SOVERIEGN ♦ ♦♦=♦:♦�♦�♦♦♦♦♦♦♦♦� :VILLAGE ♦♦♦♦ • ♦♦•♦�♦�♦�♦i Subdivision ♦ ♦ ♦ • ♦i S• • r . c• ♦S♦1 :8 Application Parcels Sewer and Water Service Area Future Rt 37 Bypass Long Range Land Use © Sensitive Natural Areas ® Institutional O B2/B3 OResidential, 4 uia REZ # 09 - 22: The Canyon, LC PINS:55-A-210,55-A-212,55-A-212A Rezoning from RP to RP with Revised Proffers Long Range Land Use Map . �. :♦,♦ .- W-- '.. -, ,gip♦.♦•♦• 4r, ♦♦♦�♦�� e•�♦�♦•♦j♦� + ♦j♦♦♦ice •♦ I" • ♦♦ 1 tr :�'♦ ♦♦jam •j�0• ♦♦:•.A♦�.Y ♦ :♦�♦♦ • ee� t •!♦r♦ems •♦ •♦♦♦•♦ �•i . e.A • <: !♦-♦_� �„ ♦♦♦♦♦♦♦•♦♦i` REZ, #09-22 ♦ ♦ ♦•♦��. =1 ♦•♦ •�1 REZ #09-22 ��! VORFOLK C i r� v - 0 550 a� CLARKE COUNTY VIRGINIA CLARKE COUNTY N W �P S Frederick County Planning & Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 2.200 Feet Mnr Geritcd Sentember 21 2022 DocuSign E /elope ID: 5F384A7B-BF42-4C24-B3F9-DE09FDC12A92 To be completed big Pkinning Sta Fee Amount , Paid � { . ��° L' Zoning Amendment Number ^ L Anticipated PC I-learing Date.. tvI 1 `1 I �';q- ' Date Received 4 t. 7, Anticipated BOS Hearing Date 10 REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: The Canyon, LC Specific Contact Person if Other than Above: Patrick Sowers Address: 420 W. Jubal Early Drive Suite 103 Winchester, VA 22601 Telephone: 540-336-3333 Name: Specific Contact Person if Other than Above: Address: Telephone: 13mail; Patrick.R.Sowcrs a,gmail.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: D.R. Horton, Inc. Specific Contact Person if Other than Above: Tony free Address: 7925 Jones .Branch Drive, Suite 6200, Tysons, VA 22102 Telephone: 301-481-8934 Email: TVFree((Ddrhorton.com 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Specific Contact Person at Firm: Address: Telephone: Email: Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the fir►n or person such authority. 12 DocuSign Envelope ID: 5F384A7B-BF42-4C24-B3F9-DE09FDC12A92 4. Project Name (if any): Opequon Crossing S. Property Information: a. Property Identification Number(s): 55-A-210, 55-A-212, 55-A-212A b. Total acreage of the parcel(s): 174.98 c. Total acreage of parcel(s) to be rezoned (if other than whole parccl(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: RP (Residential Performance) - 174.98 Acres e. Proposed zoning designation(s) and acreage(s) in each designation: RP (Residential Performance) - 174.98 Acres f. Magisterial District(s): Red Bud g. Location -the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): h. Adjoining Properties: Parcel ID Number See attached Use Please attach additional page(s) if necessary. Zoning Property identification numbers; magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue. Real Estate Division, 107 North Kent Street, Winchester, VA 22601. 13 DocuSign Envelope ID: 5F384A7B-BF42-4C24-B3F9-DE09FDC12A92 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete diSCIOSLn'e of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real pai-lies of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. The Canyon, LC (David Holliday, sole member) D.R. Horton, Inc. Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: FRI Location Map R Plat Depicting Metes/Bounds of'Proposed Zoning x❑ Impact Analysis Statement x❑ Proffer Statement (if any) ❑ N/A Agency Comments 0 Fee Copies of Deed(s) to Property(ies) 0 Tax Payment Verification m Digital copies (pelf's) of all submitted items m DocuSign Envelope ID: 5F384A7B-BF42-4C24-B3F9-DE09FDC12A92 8. Signature(s): 1 (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (4ve) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the fi•ont property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible From the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Owner: Date 01 Z Z ity, please state name of entity and your title: Date If signing on behalf of an entity, please state name of entity and your title: DocuSigned by: Other Applicant Party (if any): Date 8/26/2022 If signing on behalf of an entity, please state name of entity and your title: D R Horton, Inc., City Manager, Northern Virginia Division if additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 15 Adjoining Property Owners — Opequon Crossing Owners of property adjoining 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 propert, directly across a public right-of-way, a private right-of-way, or a watercourse froin the requested property. The applicant is required to obtain the following information on each 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 located on the 2',d .floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Toll VA IV LP 19775 Belmont Exec Piz, Suite 250 Property #: 55-A-209 Ashburn, VA, 20147 Name: Toll VA IV LP 19775 Belmont Exec Piz, Suite 250 Property #: 55-A-211 Ashburn, VA, 20147 Name: Lisa Riggleman and Mildred Riggieman 7000 Ben Franklin Road Property#: 65-A-195 S rin field, VA 22150 Name: Twin Lakes Overlook Community Association 19775 Belmont Exec Piz, Suite 250 Property#: 55M-2-9-149D Ashburn, VA, 20147 Name: Arcadia Communities LLC 9900 Main St, Suite 500 Property#: 55G-5-3-225A Fairfax, VA 22031 Name: Arcadia Communities LLC 9900 Main St, Suite 500 Property #: 55G-5-4-179A Fairfax, VA 22031 Name: Katherine McHale 1291 Valley Mill Road Property#: 55-A-165C Winchester, VA 22602 Name: Valley Mill Farm LC 8739 C Street Property #: 55-A-165 Chesapeake Beach, MD 20732 Name: Santos E. Villalta 750 Hetzel Ter SE Property #: 55-4-4A Leesburg, VA 20175 Name: Michael McKee 283 Eddys Ln Property #: 55-4-3 Winchester, VA 22602 Name: Investors At, LLC P.O. Box 550 Property #: 55-4-2 Stephens City, VA 22655 Name: Frederick -Winchester Service Authority P.O. Box 43 Property#: 55-4-1 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 56-A-19 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property#: 56-A-18 Winchester, VA 22604 Name: Shenandoah Valley Battlefields Foundation P.O. Box 897 Property #: 56-A-18A New Market, VA 22844 Name: John Bradfield, Trustee 3 Woodcreek Ct Property #: 55-A-174 Durham, NC 27713 PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 174.98 +/- Tax Map Parcel 55-A-210, 212, & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: May 29, 2015 REVISION DATE(S): September 2, 2015; October 20, 2015; November 20, 2015, October 20. 2022 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of' the proffers. The improvements proffered herein shall be provided at the time of development of' that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the "GDP"), and shall include the following: Page 1 of 8 1. LAND USE 1.1 No more than 574 dwelling units shall be constructed on the property. A minimum of 215 dwelling units ConstrLlctcd on the property shall be single family detached dwellings. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor mocliIII Cat ioils are permitted cluring the Mastcr Development Plan and final engineering process. 2. PARKS AND RECREATION: 2.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 250`I' building permit and shall Count towards and comply With the recreation unit requircnlent for the Properly as specified by Section 165-402.08 of the Frederick County Code. The recreation building shall be an enclosed clubhouse with a minimum finished floor area of 3,000 square feet. Additionally, the Applicant shall C011Stl'LICt a neighborhood swimming pool or pools with a IllllliMLIM WalCl- Surface area of 3,500 Square feet. The swimming pool(s) shall be constructed concurrent with construction ol' the recreation building and shall be pCI-1111ttCd to count towards the recreation requirements for the Property as rcgLlired by the Frederick County Zoning Ordinance. Other recreation amenities shall be furthcr defined at time of Master Development Plan. 2.2 The Applicant shall contribute to the COL111ty the sum of$1,482 per single- family cfetachecl unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 2.3 The Applicant shall contribute to the County the sum of $1,020 per single family attached unit for parks and recreation purposes, payable upon the issuance of certificate of occupancy for each single family attached unit. 2.4 The recreation building and swimming pool(s) providccl for by Proffer 2.1 Shall be owned and maintained by the homeowners association ("I-IOA") for the Property. 2.5 A trail system utilizing a 10' wide asphalt surface shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, in the areas depicted on the GDP. The I-IOA shall be responsible for the ownership and maintenance of the trail system. PUbllc access cascmcntS shall be provided for the trail system to allow use ofthe trail system to the general public. Page 2 of 8 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County the sum of' $446 per single family detached CIwClllllg lllllt for fire and rescue purposes, payable upon the issuance of a certificatc of occupancy fol- Cach single family detached unit. 3.2 The Applicant shall contribute to the County the sum of $298 per single family attached dwelling unit for fire and rescue purposes, payable Upon the issuance of a certificate ofoccupancy for cacti single family attached unit. 4. SCHOOL CONSTRUCTION: 4.1 The Applicant shall contribute to the County the sum of $ ] 2,626 per single family detached dwelling unit for school purposes, payable upon the ISSlla11CC of a certificate of occupancy for each single Iamily detached lllllt. 4.2 The Applicant shall contribute to the County the sum of $7,696 per single family attached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 5. LIBRARY: 5.1 The Applicant shall contribute to the County the sum of $360 per single family detached dwelling unit for library purposes, payable upon the issuance of'a certificate ofoccupancy for each single family detached unit. 5.2 The Applicant shall contribute to the County the slim of $248 per single family attached dwelling unit for library purposes, payable upon the issuance of a certificate of'occulpancy for each single family attached unit. 6. GENERAL GOVERNMENT: 6.1 The Applicant shall contribute to the County the sum of $1,1 18 per single family detached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 6.2 The Applicant shall contribute to the County the sum of $770 per single family attached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. Page 3 of 8 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, mallltellallcc and repair of all common areas, including but not limited to the recreation building and associated swimming pool(s), excluding any areas that may be dedicated to Frederick County (the "County") or other public entities. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such I-IOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stormwater management facilities, (ii) common buffer areas located outside of' residential lots; (iii) establishing and managing a common solid waste disposal progralll; (iv) responsibility 101- the pCrl)CtUal maintenance of ally perimeter or road bllffCl' areas, all of' which buffer areas shall be located within casements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon Crossing Homeowner's Association (OCI-IOA) that will include an initial lump sum payment of $2,500.00 by the Applicant prior to issuance of the first certificate of occupancy for any dwelling constructed on the Property and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opcquon Crossing community. Language will be incorporated into the OCHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCHOA. The start-up funds for the OCHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or other operating expenses and/or capital expenses of the OCI-IOA. S. WATER & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructlare shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). Page 4 of S 8.2 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101 st building permit is issued. (See 1 on GDP) 8.3 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. 9. TRANSPORTATION: 9.1 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point B on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37 as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations consistent with existing approved plans for the North -South collector road. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project. The Applicant reserves the right to request for partial funding for the construction of the collector road and VA Route 7 improvements through revenue sharing or other programs as may be available through VDOT and/or Frederick County. 9.2 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7. No k�uildh��3ct+�itcertiiicate of occupancy shall be issued for any dwelling units located on the Property until such time that the following improvements are constructed at VA Route 7 and the "spine" collector road: signalization, Westbound lanes (1 left, 2 thru), Eastbound lanes (I right, 2 thru), Northbound lanes (1 left, 1 right). 9.3 The Applicant shall construct an entrance on the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. As part of these improvements, the Applicant shall remove the existing Route 7 median crossing and the existing Route 7 entrance to the Opequon Regional Wastewater Facility. Page 5 of 8 9.4 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant shall dedicate the right of way, 250 feet in width, for VA Route 37 across the Property, at no cost to the County, within 90 clays of' request by the County. 9.5 The Applicant shall Construct a single east -west road crossing of the right of' way for VA Route 37. Said road shall be designed to accommodate the future Route 37 fly -over bridges. 9.6 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of' the proposed VA Route 37 right of' way as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feel of Cascmcnt and are to be 4 feet in height at time of planting. The mix of trees are to be determined thl-011g11 ChSCUSS1o11S with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. 9.7 Direct lot access to the "spine" collector road shall be prohibited. 9.6 The Applicant shall cicciicate sufficient right of way and construct Eddys Lane to VDOT requirements 11-0111 the north Property boundary to the south Property boundary as depicted on the GDP from Point C to Point D. Said connection shall be made prior to issuance of the 350°i building permit. 9.9 The Applicant shall provide a reserve area that is a maximum of 56 feet in width for a potential future connection between the Property and the adjacent fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the fieldstone Development include no provisions for an interpared connector and use of' the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 clays of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 2 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance Nvith the guidelines established by the Preliminary Information form from the Department of Historic Resources. Ally documentation created as part 01' said Survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. Page 6 of S 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the proposed landscape screen. (See 3 on the GDP) 11. OPTION FOR USE OF TRANSFER OF DEVELOPMENT RIGHT ORDINANCE 11.1 In lieu of the per unit monetary contributions as provided above, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments, shall remain applicable to such dwelling units. 12. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 12.1 Any portion of the Property may hereafter be dedicated for public purposes (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffcrs. 13 ESCALATOR FOR MONETARY PROFFERS: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of thi-s rcthe 2015 Rezoning Application RZ #06-15 shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after approval of 2015 Rezoning Application RZ #06-15 to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) Page 7 of 8 Respectfully submitted, The Canyon, LC By: Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: of The foregoing instrument was acknowledged before me this , 2-041 2022, by My commission expires: Notary Public day Page 8 of 8 Deplll'icketll RE2022 / 410640001 Name THE CANYON Name 2 C/O DAVE HOLLIDAY CONSTR INC Address 420 W JUBAL EARLY DR STE 103 WINCHESTER VA %ip 22601 6435 Real Estate Ticket Detail iPrevious Frequency 1 Map# 55 A 210 Bill Date 04/25/2022 Due Date 06/06/2022 Dcsc 70.15 ACRES Supplement/1 0 Accounlll 8015929 A creagc 70.150 Improvements $87,100.00 I.,and Value $1,441,500.00 Land Use $0.00 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/01/2022 Currcul I':n,mcnl SH(us Original Bill Payments Principal Balance Due Penalty Interest Balance Duc $4,662.23 ($4,662 23) $0.00 $0.00 $0.00 $0.00 'Transaction Ilistorl Date type 'IYansactionll Amount Balance 6/6/2022 Charge 0 $4,662.23 $4,662.23 6/1/2022 Principal Paid 12037 ($4,662.23) $0.00 Previous 1)cpt/I-icket# RE2022/410650001 Name THE CANYON LC Name 2 C/O DAVE HOLLIDAY CONSTR INC Address 420 W JUBAL EARLY DR STE 103 WINCHESTER VA Zip 22601 6435 Real Estate Ticket Detail rPrevious Frequency 1 Mapl/ 55 A 212 Bill Dale 04/25/2022 Due Dale 06/06/2022 Desc 103.83 ACRES Supplement# 0 Account# 8015931 Acreage 103.830 Improvements $0.00 land Value $1,800,600.00 Land Use $0.00 Minerals $0.00 Penally Paid $0.00 Interest Paid $0.00 Last'1'ransaction Dale 06/01/2022 ( ln'rcnl Pucrucnf Slahns Original Bill Payments Principal Balance Due Penalty Interest Balance Due $5,491 83 ($5,491.83) $0.00 $0.00 $0.00 $0.00 Transaction Ili+tor. Date Type Transactiont/ Amount Balance 6/0/2022 Charge 0 $5,491.83 $5,491.83 6/1/2022 Principal Paid 12037 ($5,491.83) $0.00 Previous Dept[Ficketil RE2022 / 410660001 Name THE CANYON LC Name 2 C/O DAVE HOLLIDAY CONSTR INC Address 420 W JUBAL EARLY DR STE 103 WINCHESTER VA Zip 22601 6435 Deal Estate Ticket Detail r Previous 2022 REAL ESTATE Prcqucncy 1 Map# 55 A 212A Bill Date 04/25/2022 Due Date 06/06/2022 Desc 5.00 ACRES Penalty Paid W.00 Interest Paid $0.00 ( urrcut Ptn'utrnl Slalus Ori"'inal Bill Payments Principal Balance Duc Penalty $ 620.68 ($620.68) $0.00 $ 0.00 I ransaction Ilistor) Date Type Tr:tnsactionll 6/6/2022 Charge 0 6/1/2022 Principal Paid 12037 7/11/2022 Abated 0 Previous SupplcmcnH/ 0 Accountit 8034941 Acreage 5.000 Improvements $0.00 Land Value $203,500.00 Land Use $0.00 Minerals $0.00 Last Transaction Date 07/11/2022 Interest Balarrcc 1)ue $000 $0.00 Amount 11:11ancc $620.68 $620.68 ($620.00) $0.68 ($0.68) $0.00 040014715 Prepared Hy. Walsh, Colucci, Lute ley, fanrich & Terpak, P.0 4310 Princc William Parkway, Suik 300 Prince Wdhem. Va.21,91 Granice'sAddress, PO Box 3276, I-iir,chester, VA 22604 Consrdcrauon. s1,400,000.00 Tax Map NO A - 2 12- °` _5S SPECIAL WARRANTY DEED THIS DEED is made this a7*"' day of Tvl� , 2004, by and between Edward D. Haggerty and John S. Haggerty, as Trustee of the John S. Haggerty Revocable Trust and in his individual capacity, hereinafter, GRANTORS; and The Canyon, LC, a Virginia limited liability company, hereinafter, GRANTEE; WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the said Grantors do hereby grant, bargain, sell and convey, with Special Warranty of Title, unto the Grantee as all that certain lot or parcel of land situate, lying and being in Frederick County, Virginia, and more particularly described as follows: See Exhibit "A" AND BEING part of the property conveyed to John J. Haggerty and Alice S. Haggerty, his wife, as tenants by the entirety, by Deed from Leonard C. Ellis and Esther P. Ellis, his wife, dated November 23, 1966, recorded February 26, 1968, in Deed Book 328, at page 16; John S. Haggerty died as evidenced by recital in Deed recorded in Deed Book 448, at page 131, leaving Alice S. Haggerty as the surviving tenant; Alice S. Haggerty conveyed an undivided one -forth (1/4) interest to John S. Haggerty and an undivided one -forth (1/4) interest to Edward D. Haggerty by Deed dated August 15, 1975, recorded August 18, 1975 in Deed Book 448, at page 131; Alice S. Haggerty died testate on .January 5, 1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 1:05, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, 0 Cil CO O U) Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCELS 1 AND 2) AND BEING the a portion of same property conveyed to Alice S. Haggerty, widow, as to a one-half (1/2) undivided interest, Edward D. Haggerty, as to a one -forth (1/4) undivided interest and John S. Haggerty, as to a one -forth (1/4) undivided interest; Alice S. Haggerty died testate on January 5, 1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCEL 3) AND BEING the same property conveyed to Alice S. Haggerty, John H. Haggerty and Edward D. Haggerty, its tenants in common, each as to a one-third (1/3) undivided interest, by Deed dated October 3, 1979, recorded October 3, 1979 in Deed Book 514, at page 601; Alice S. Haggerty died testate on January 5,1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCEL 4) Grantors do hereby reserve unto themselves and their successors in interest an ingress/egress easement across the said property hereby conveyed ("Property") serving all of that remaining property in Clarke County, ownership of which is being retained by the Grantors. Such easement shall be an easement in gross across the Property until such time as a specific access is provided by the Grantee, as set forth herein, below. Such easement shall be sufficient to allow for vehicular access to the property in Clarke County retained by Grantors from any CD CIl Co public street serving the Property, provided, however, that the inability of the Grantors to obtain CD permission to cross Opequon Creek shall in no way affect the conveyance made herein. In the event that Grantee develops the Property, Grantee shall provide public access easement over the Property from the property retained by Grantor in Clarke County, Virginia, to the street network, as the network may be approved by the appropriate governmental authority, and then over said streets to a public street or road serving the Property, If possible, such access shall not be located within any floodplain associated Nvith Opequon Creek or within any wetland that may be subject to state or federal regulation. The exact location of such connection shall be mutually agreeable to both Grantors and Grantee, or their successors in title, and neither party's consent thereto will be unreasonably withheld, conditioned or delayed. In no event shall Grantee be required to construct any crossing of Opequon Creek or any public improvements on the Property in Clarke County retained by the Grantors. The Grantors shall bear the cost of constructing any access road over the easement hereby granted up to the point where it joins the street network of the Grantee mentioned herein. The reservations set forth above shall be construed as covenants running with the land, and shall continue in force and effect until access satisfying the conditions set forth above have been fully and completely satisfied. Upon full and complete satisfaction of the conditions set forth herein, Grantor or its successors in title shall execute such documents as are necessary to evidence the satisfaction of the covenants set forth herein. The above -described Property is conveyed subject to all rights of ways, easements and restrictions of record that legally affect the title to said Property. The Grantors covenant that it has the right to convey the property described herein and that the Grantors will execute such further assurances of the said land as may be requisite. Witness the following signatures and sea Commonwealth of Vifg4i4a 1"455^eA✓sp >iS County/Git3-Of_m"'WIPSPx , to -wit: The foregoing Deed was acknowledged before me in my aforesaid jurisdiction b Haggerty, Grantor, this >7r' ay of Tylt 12004. My Commission expires: li 7 �U�S CI Notary Public John S. I3agg ohn S. Haggerty Revocable Trust and in his individual capacity Commonwealth of-V4rginia P`AA 5AC"5r #5 County/city of h, ddbPS-ex , to -wit: The foregoing Deed was acknowledged before me in my aforesaid jurisdiction by John S. Haggerty as Trustee of the John S. Haggerty Revocable Trust and in his individual Grantor, this ;k 7Nay of -Y , 2004. Nly Commission expires: h / 710 NotaryPublic EXHIBIT "A" PARCEL 1: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, containing H 1.505 acres, more or less, lying and being situate in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia and being more particularly described on that certain plat and survey made by Thomas A. Shockey, L.S., dated October 20, 1978 and recorded in the Office of the Circuit Court of Frederick County, Virginia, in Deed Book 505 at Page 280. LESS AND EXCEPT that 5.000 acres, more or less as shown on plat attached to confirmation of plat and survey recorded in Deed Book 754, at page 1101, among the land records of Frederick County, Virginia. PARCEL 2: All that certain tract or parcel of land, together with the improvements thereon and appurtenance thereunto belonging, containing 5.000 acres, more or less as shown on plat attached to Confirmation of Plat and Survey recorded in Deed Book 754, at page 1101, among the land records of Frederick County, Virginia. PARCEL 3: All of drat certain lot of parcel of land, together with the improvements thereon and the appurtenances thcreunto belonging, containing 1,813 square feet, more or less, lying and being situate in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia, and more particularly described as Parcel "B" on that certain plat of survey drawn by Thomas A. Shockey, C.L.C., dated January 11, 1979, and recorded in the Office of the Clerk of that Circuit Court of Frederick County, Virginia, in Deed Book 506 at page 376. PARCEL 4: All of that certain lot or parcel of land, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereunto belonging, 1Jing and being situate on the eastern side of Route 820 in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia containing 1,974 square feet, as shown on the plat and survey of Thomas A. Shockey, C.L.S., dated October 1, 1979, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virgumia in Deed Book 514, at page 601. VIRUINIA: MEDERIC•KMUNTY, SCT. TI)Is lnStrumvni ul arising u•ac prcrduu d to me ua J:�47W795`OD2lSpccial Warranry•Dctd.doc "7T'0 •, zil arnl with cer:41'.11: d .i, I Itn�!;J cut, In I lr• was admiUrd I,r rm)rd.'I unjht cJ uv :ir . �,�, I.RII? •�( $lr r 00 00, end SF. I-v01 have he, n nald, It tuWssabl� , Clerk AIW 0 r.� N 060006110 0 c__) cr, THIS DEED, made and dated as of the day of March, 2006, by and between GOLDIF.'S LC, a Virginia limited liability company, party of the first part, hereinafter referred to as Grantor, and THE CANYON, LC, a Virginia limited liability company, party of the second part, hereinafter referred to as Grantee. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid the Grantor by the Grantee on or before the delivery of this Deed, the receipt and sufficiency of all of which are hereby acknowledged, the Grantor does hereby grant and convey with Special Warranty of Title unto the Grantee, in fee simple, the following described real estate, together with all rights of way, privileges and appurtenanceo thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: All of that certain tract or parcel of land, containing 71- 1/2 acres, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate about five miles East of Winchester, in Red Bud District, (formerly Shawnee District), Frederick County, Virginia, and more particularly set forth on the attached Schedule A. This is the same property conveyed to the Grantor herein by Deed dated May 23, 2000 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 966, at Page 1166. TAX RAP NO.: 55-A-2.10 WITNESS the following signature and seal: GOLDIES, LC, a V' inia 1' ited liability company BY (SEAL) er STATE OF VIRGINIA, At -Large CITY OF WINCHESTER, To -wit: The foregoing document was acknowledged before me in the jurisdiction aforesaid this ;�& day of L, 2006, by LARY E. ADAMS, Manager of GOLDIES, LC, a Virginia limited liability company, on behalf of such company. My Commi,,spign expires InL?"/ kwzol �' K , oer i T. ail ii t I I K r``7 Mautw+, Et��, ? U.. NOT vtu+ S MgUI ;•G ' Gold,eeDeed.:m4 .;1 rY�•• TORHEYn AT uw o�ne/5e RTY,/°u,D!1Q .".••, :.r' i r RETURN TO: "° "°'"'" - ;'.�r COMMONWEALTH LAND TITLE °"[}TEN, "° H A ! v' ,�,:I% 10513 JUDICIAL DRIVE FAIRFAX, VA. 22030 SCHEDULE A CD Description of o Goldie Tract .— Property of Goldies, LC Deed Book 966 Page 1166 (Instr. No. 000005388) Red Bud District Frederick County, Virginia Being all of the property acquired by Goldies, LC, as recorded in Deed Book 966 Page 1166 (Instrument Number 000005388) among the Land Records of the Clerk of the Circuit Court of Frederick County, Virginia and being more particularly described as follows Beginning at a point marking the centerline of Eddy's Lane, State Route 820 (40' right- of-way) and said point intersecting with the property of The Canyon, LC (Inst. No. 040014715); thence running with said property of The Canyon L.C. the following five (5) course and distances 1.) South 40° 15'33" East, 13.09 feet to a point; thence 2.) South 29°20'58" East, 90.15 feet to a stone found (held); thence 3.) South 14°12'27" West, 725.08 feet to a stone found (held);; thence 4.) North 7719'47" West, 251.34 feet to a point; thence 5.) South 27°54'43" West, 800.25 feet to a point, said point lying on the northerly property line of Toll VA IV, LP (Inst. No. 040015217); thence departing the property of The Canyon LC and running with said property line of Toll VA IV, LP and running with said northerly line of Toll VA IV, LP the following course and distance 6.) North 71'18'28" West, 2034.94 feet to an iron rod found (held) [passing an iron post found at 28.79 feet (held for line)], said point being on the easterly property line of Eastern Frederick Development Co. (DB.652 Pg 478); thence departing the property of Toll VA IV, LP and running with said property line of Eastern Frederick Development Co. the following course and distance 7.) North 19°26'03" East, 1067.74 feet to a stone found (held);, said point being on the southerly property line of Mathew C. and Katherine M. McHale (DB. 959, Pg. 1851); thence departing the property of Eastern Frederick Development Co. and running with said line of the McHale Property the following course and distance CD CD 00 8.) South 89"29'53" East, 8.73 feet to an iron rod found (held), said point being the southwesterly most corner of the property of Valley Mill Fann L. CL (Inst. No. 010001362); thence departing the property of Matthew C. and (Catherine M. McHale and continuing with said property of Valley Mill Farm L. CL the following two (2) courses and distances 9.) South 86°21'07" East, 436.83 feet to an iron rod faimd (held); thence 10.) South 86°42'52" East, 1315.28 feet to an iron rod found (held), said point being the southwesterly most corner of the property of Alicia F. Grey (DB 858, Pg. 693); thence departing the property of Valley Mill Farm L. CL and continuing with said property line of Alicia F, Grey the following two (2) courses and distances 11.) South 86°34'29" East, 356.02 feet to a point; thence 12.) South 65°58'54" East, 223.68 feet to the point of beginning, containing 3,055,552 square feet or 70.14581 acres of land. V1RUNIA: FREDERICK COUNTY. SCT. Ihis instrument of writing was produced to me on I.0 at jf&Z-�l� :Ind with certificate of w:knowledgemcnt thereto annexed was admitted to record. T imposed by Scc 58.1-802 of *lZ�, and 58.1-8ol have been paid, if assessable /imitr ,Clerk CD w Iv 0\�L sit i VICINITY MAP SCALE: 1" = 2,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATO DATE Z� o OWNER'S CONSENT: (AS TO PIN 55—A-212) THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT ON AND THROUGH THE PROPERTY OF THE CANYON, LC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WTH THE FREE CONSENT AND IN ACCORDA E 'A1TH THE SIRES F i t R IRS, PROPRIETORS AND TRUSTEES, IF ANY. ZDTE PRINTED NAME & TITLE .... ' NOTARYPBLIC r I ry5;''`tNL'rjf t(ed c��STATE OF a �1CITY/COUNTY OF Imo+'• z *FOOING 4SUOIENT CKNOWLEDGED BEFORE ME ON 0� .� Q'PciJ ,��';• DATE) �•`'' l �... MY COMMISSION EXPIRES 1031 I.1, (NOT BL' ) 1 l� 310�e3 (DATES' OWNER'S CONSENT: (AS TO PINS 55-4-1, 56—A-18 & 56—A-19) THE ABOVE AND FOREGOING RESERVATION OF EASEMENT AND BOUNDARY LIIJE ADJUSTMENT ON AND THROUGH THE PROPERTIES OF FREDERICK—WINCHESTER SERVICE AUTHORITY, 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. 111t1i1111! 1 D _ G DATE PRINTED NAME & TITLE PPY p� •'�o '; NOTARY P BUC =_o w•.� :z STATE OF V I Yh 1 Y1 iO— = CHIJ'/G9ULLY1tiOG = V I/ I yl V INSTRUMENT WAS (NOTARY PUBLIC) MY COMMISSION EXPIRES (DATE) I,I,TB op Ti o L U CORY M. HAYNES a Uo, No. 2539 BY LTH o,o`°` (DATE) BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK— WINCH ESTER SERVICE ADUTHORITY AN THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FRED�RICK COUNTY VIRGINIA APRIL SCALE: NIA DATE: 27, 20D66 REVISED: AUGUST 4, 200E 0 REVISED: AUGUST 20, 2007 Patton Harris Rust & A s s a c I n t a s Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street I Winchester, Virginia 22601 T 540.567.2139 F 540.665,0493 SHEET 1 OF 6 ° PHR+A 2007 (NEW) 56—A— 9A FREDERICK—WINCHESTER SERVICE AUTHORITY 55—A-16J 55—A—l64— 55—J—E 65g Rp . 5s V \"E y N�k 1��GNES��(R r �E�RR�C /P ��OR J•�`v�c 55— 4-2 NOTES: 1. FREDERICK COUNTY PINS: 55—A-212, 55-4-1, 56—A-18 & 56—A-19; ZONED: RA (FWSA) & RP (THE CANYON, LC). 2. THE PURPOSE OF THIS PLAT IS TO ADJUST THE BOUNDARY LINES IN SUCH A WAY AS TO CONVEY 2.7689 ACRES TO THE CANYON, LC FOR PURPOSES OF FUTURE DEDICATION OF RIGHT—OF—WAY FOR HAGGERTY BLVD. AND 5.5378 ACRES TO FREDERICK— WINCH ESTER SERVICE AUTHORITY IN EXCHANGE, 3. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 4. BASIS OF MERIDIAN SHOWN HEREIN IS A FIELD RUN CPS SURVEY V,HICH TIES THIS PROJECT TO NAD 83, VIRGINIA STATE PLANE (NORTH ZONE) DATUM. 5. PERMANENT MONUMENTATION WILL BE SET AT ALL PROPERTY CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. 6. ADJOINING PROPERTY INFORMATION SHOWN HEREIN (SEE SHEET 3) IS DERIVED FROM INFORMATION OBTAINED FROM THE FREDERICK COUNTY MAPPING SERVICE (INTERNET WEBSITE gis.co.frederlck.va.us) AUGUST, 2007. 7. VARIABLE WIDTH SLOPE & DRAINAGE EASEMENT IS HEREBY RESERVED FOR DEDICATION TO VDOT AT SUCH TIME AS RIGHT OF WAY FOR PUBLIC STREET PURPOSES IS DEDICATED FOR HAGGERTY BLVD. SURVEYOR'S CERTIFICATION: I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS DEDICATION AND ADJUSTMENT ARE THE SAME PROPERTIES CONVEYED TO THE CANYON, LC BY DEED RECORDED AS INSTRUMENT #040014715 [55—A-212) AND TO FREDERICK —WINCHESTER SERVICE AUTHORITY BY DEEDS RECORDED AS DEED BOOK 600, PAGE 691 [55-4-1) AND DEED BOOK 564, PAGE 414 [56—A-16 & 56—A-191- ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. C.: w W VO (— VA (SERVICE 8A REDERICKNCHESTL• R SERVICE AUTHORITY z 0 1-4 � ollvl� -I (OLD) PROPERTY -1 LINES HEREBY s VACATED AREA TABULATION: TOTAL AREA OF (PROPOSED) ROW = 120,614 SF/2.7689 AC (SEE NOTE A) TOTAL AREA OF BLA 241,228 SF/5.5378 AC (SEE NOTE 8) NOTE A: AREA OF LAND MAKING UP THE RIGHT—OF—WAY WHICH IS CONTAINED WITHIN PIN 55— 4-1, 56—A-18 AND 56—A-19, PROPERTY OF THE FREDERICK— WINCHESTER SERVICE AUTHORITY, TOTALING 2.7689 ACRES, IS TO BE CONVEYED TO THE CANYON, LC AND TO BE ADDED TO PIN 55—A-212. NOTE B: AREA OF LAND WHICH IS CONTAINED WITHIN PIN 55—A-212, PROPERTY OF THE CANYON, LC AND TOTALING 5.5378 ACRES, IS TO BE CONVEYED TO THE FREDERICK—WINCHESTER SERVICE AUTHORITY AND ADDED TO PIN 56—A-19. FOR GIS PURPOSES: (OLD) PIN 55-4-1 - 7.82 AC (NEW) PIN 55-4-1A - 7.3930 AC OLD) PIN 55—A-212 — 106.4811 ACI NEW) PIN 55—A-212B = 103.8311 AC" OD) PIN 56—A-18 - 23.48 AC W) PIN 56—A-18A = 59.1261 AC OD) PIN 56—A-19 - 56.52 AC W) PIN 56—A-19A = 24.0698 AC UNLESS OTHERWISE NOTED THUS •, ALL OLD AREAS ARE BASED ON RECORD INFORMATION HEREIN REFERENCED, NOT A FIELD RUN SURVEY. 'BASED ON A CURRENT FIELD RUN SURVEY i,tiT H zir o v CORY M. MYNES Uc. No. 2539 BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK-WINCHESTER SERVICE ADUTHORITY AN THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, gqVIIpRRRG��IILNIA 22 qqgg SCALE: 1"=1000 REVISED: AUGU5T27; 2�06 REVISED: AUGUST 20, 2Q07 Patton Harris Rust & Assoc I atas 5 Engineers, Surveyors. Planners. Landscape Architects. 7O PHEast Piccadilly Street Winchester, Virginia 22601 � T 540.667.2139 e aen aaF neez ADJOINERS: 55-A-162 & 163 N(F BAYLIS INVESTMENTS, LLC OB 806, PG 136 ZONED: RA USE: RESIDENTIAL 55-A-164 N F GLADDIE R. CARTER 0 445, PG 833 ZONED: RA USE: RESIDENTIAL 55-A-209 N�F TOLL VA IV LP INST 04001521' ZONE: RP USE: OPEN SPACE 55-A-210 NIF THE CANYON, LC INST �/060005113 ZCNE RA USE: VACANT 55-A-211 N F TOLL VA IV, LP INST y040015217 ZONED: RA USE: RESIDENTIAL 55-A-212A N�F THE CANYON, LC INST f040014715 ZONED: RP USE: VACANT 55-3-8, C & D N/F LUWANNA S. CARTER 11 ST #020000231 ZONED: RA USE: RESIDENTIAL 55-3-E N F ROGER W. CARTER D 3 03, PG 345 ZONED: RA USE: RESIDENTIAL 55-4-1A N/F RICHARD S. & MARY E. DIMMEL INST #060012622 ZONED: RA USE: RESIDENTIAL 55-4-2 N F INVESTORS AT, LLC INST p050006592 ZONED: RA USE: RESIDENTIAL 55-4-3 N/F MICHAEL EDWARD M CKEE INST #030024787 ZONED: RA USE: RESIDENTIAL 551A-2-9-149D 11 TOLL VA IV, LP INST #050022857 ZONED: RP USE: OPEN SPACE 65-A-195 N F LISA ANN & M LDRED L. RIGGLEMAN INST #010000231 ZONED: RA USE: RESIDENTIAL QLJARKE COUNTY PINS: 6-A-59 N/F EDWARD D. HAGGERTY DB413,PG914 USE: VACANT 6-I-1. 2, 3 & 4 KEYSTONE ESTATES DB 91, PG 83 USE: RESIDENTIAL NOTE: SEE LINE TABLE ON SHEET 5. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT I BEARING CHORD Ci 839.79' 7-21'22- 364.60' 82.55' S73'55'50"F 364. ' C2 2839.79' 7'04' 78' 175.61- S6 9'0 3 .56' C3 593.00' 33'23'25" 345.58' 177.85' N19'47'30"E 340.71' C4 33 00' 36'56'59" 343.73' 17 .0 ' 21'34-18-W 37,80' C5 407.79' 17'4B'34" 1 63.89' S48'5 '04'W 126. ' C6 527.00' 6'30' 7' 0' 29.93' S61'06'25"W 59.77' C7 599.00' 38'00'00" 397.27' 206.25' S4 ' 1' _ "W 3 0.6-3 C8 14.7 ' '40'50' 180 8 ' 90.44' N6 3' 1'Y1 1 79' C9 527.00' 38'00'00' 349.52' 181,46 N 5"21' 8' 3431 ' CIO 6'30'07" 6 .97' 4.0 ' N6 '06' 67 94' ell 473.80' 17'4 '34" 1 4.23' 1948' 7'04'E 146.68' C12 5 3 00' 36'56'59' 38 4 ' 198,1 ' _tq,2i' 8" 7 .8 ' C13 533.00' 17'38'41" 164.14' '5 1 3 C14 641.73' 2'57'50" 33.20' 16.60' N31'26'15"E 33.19' C15 1 9.16' 13*30'15' 3 2. 00' 7" .7 ' C16 1378.30' 2'41'58' 64.94' .4 ' 544' 4' 9'W 64.9 ' C17 .84' 7'54'58" 119.35, 5 7' h '1 119. 6' C18 458.36' 6'29'29" 51.93' 25.99' S54'48'25"W 51.90' C19 1 44' 17.26' N58'14'21"E 34.40' C20 11..68' 5'06'04' 101.29' 50.6B' S58'29'13"W 101.26' C21 620.67' 11'4 ' ' 1 64 ' S52'37'48"W 127.93' C22 592.21' 3'22'42" 34.9 ' 17.46' 1,148'00'47"E 34.91' C23 131.63' 17'02'44' 39,16' 7 ' N55 4'23'E 3 .0 ' C24 97.24' 12'57'58' 67.26' 33.78' S5911'57"W 67.12' C25 4 1.70' 19'01'25' 133. ' 6 1' '4 '4 .7 ' C26 448.14' 18'31'06" 144.84' 73.0 '06"W 144. 1' C27 2363.39' 2*03-33' 84. 4' 48' S16' 5'15'W 64.94' C28 727.52' 3'31'47' 44.82' 22.42' N15'24'52'E 44.81' C29 58.4 '44' 13. 9' S14' 1'04'W 26.28' C30 10 7.11' 14'05'42' 252.97' 1 7.13' S01'66-31'W 252.33' C31 35.50' 22'32'51' 138.33' 70.07' N 7-38-16-E 137.43' C32 2630.00' 2'06'7 ' 96. 6.6 ' C33 319.50' 5'51'39" 32.68' 16 5' N15'IS,455E 32.67' C34 66 .04' 9'16'59' 10 43 ' N25'21'47"E 108,28' C35 1133 02' '49'4 ' 94' 7 98' N 3'0 55.94' C36 009' 1 7'02'31" 95.88' 48,00' N34'39'50'E 95.82' C37 6 8'47'14" 34. 0' 7 36' 0'44"W 34.66' C38 34 4' 33'00'07' 201.34' 1 3.55' N51'56'32'E 198.56' C39 15 4,62' 4'06'01" 1 4.1 7.08' 68'04'20"E 11 .09' C40 1' '00'48" 86.32' 43.22' N74'55'23"E 86.27' C41 515.78' 711'05' 64.68' 32 38' S76'22'52'W 64.63' C42 14'58'33' 9.91, 4.98' S68159130"W 9.88, C43 7.71' 19'07'10' 79. ,03' S52'26'16'W 78.96' C44 1766.08' 2'59'1 " 92.01' 46.D2' N44' '36" 92.00 C45 4 '53' 135 66' S .'15'37'W 135.10' C46 531.55' 3'19'13' 30.80' 15.41' N ' 1'4 ' 0. ' C47 199.41' 17'3 '10" 61-0 3' 30.76' S '17' "W 6 C48 7' 14'22'51' 42.26' 21.24' 02'20'46'W 42.15' C49 1775.04' 4'52'3 ' 15 75.56' NO3'03' " 1 9' C50 236.25' 8'30'29' 1 5 ' NOB'43'20' 35.0 ' C51 393.65' 9'34'41' 65. 1' 32.98' SO ' '07"V 6 .73' C52 485.41' 9'18'58' 7 3 .55' S00 3'3 ' 7 . 4' C53 487.04' 1'4 '10" 99 20' 4 7' 04'05'32"W 99,03' C54 169.42' 29'17'06' 86.59' 4' --;i 5' C55 5276.89' 11 '39" 120. 8' 60.39' S40'23'55'W 1 0.7 ' C56 80247,12' 0'03'38" 84.70' 4 .35' S '37"W 8 ,70' C57 12.91' 42'08'00' 9.49' 4,97' S46'33'20"E C58 '05' 9.4 ' 14.70' C59 60. ' t 6'38'E 3.90' C60 828.62' 4'44' 1" 6' '43" S 4' C61 4 6.5 ' 7 4 00' S84'4 'S8" 7.9 ' C62 4 '16"W ' C63 1 S7'43'46'W 14. 9' BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT REDERICK-WIN FCHESTER "#4 SERVICE AYTHORITY l �f THE CANYON, LC �Glr RED BUD MAGISTERIAL DISTRICT FREDERICK VIRGINIA "�" COUNTY, SCALE: N/A DATE: APRIL 27, 2006 CORM M. I{AYNES REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Lie. No. 2539 Patton Harris Rust 8, Associates �1���7 Engineers. Survoyors. Plonners. Landscape Architects, Z O4 /� �.y � Win East , Virginia Street Winchester, Virginia 22601 PHRA 4;## T 540.667,2139 r MATCH LINE — SEE SHEET 5 LLJ U O �NIMr�� PORT10N OF (OLD) z Q rnl* �C5 PROPERTY LINE I c HEREBY VACATED ¢Ln N c) _U (0 rn 60' U EASEMENT RESERVATION Cr > Co ^"� - I (SEE NOTE 7) O W Lj U N \ LL EASEMENT RESERVATION (SEE NOTE 7)/ MN v V /(� M .J J N () \ (NEW) 56-A-18A 59.1261 AC (OLD) 56-A-19 FREDERICK- WINCHESTER SERVICE AUTHORITY DO 564, PC 414 N Qo �s� �' �' PORTION OF (OLD) o PROPERTY LINE u. zoo HEREBY VACATED 10 AZ I z �.y (NEW) PROPERTY LINES HEREBY CREATED �o * 8S?9! 1494. *�S \ass �. &O N A5 lip (NEW) PROPERTY LINES HEREBY CREATED CO 0 N OZ !1V \ QZ Q \ Z �1- Of ti�jy Q� s (NEW) 55-A-21213`rcP- 103.8311 AC �. w \ �CDz ,Iwo0 1- w �ZrnY oOr o¢ \ w Y ll' Tt. X1 F (OLD) 55-A-7.12 N S 255'2J " THE CANYON, LCZ N cR�6KA-59 114ST #040014715 g VO DO i 561y OP1Q EDWARD DHAGGERTY 6�/.���, (CLLARKE COUNTY) hN% n NOTE SEE CURVE TABLE ON SHEET 3 AND LINE TABLE ON SHEET 5. GRAPHIC SC o��� �,��H pF U CORY M. HAYNES Uc. No. 2539 S�zojo7 BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK—MNCHESTER SERVICE AD1 UTHOR1Y AN THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"-100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Patton Harris Rust & Associates Engineers, Surveyors. Planners. Landscape Architects ( IN FEET ) nch = 100 * = (NEW) PROPERTY LINES HEREBY CREATED 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667,2139 F 540,665.0493 WEI 4 CF 6 LINE TABLE LINE BEARING LENGTH L1 N36 29'13"E 43.67' L3 NO3'05'48'E 321.83' L4 S03'05'48"W 321.83' L5 S08'48'39"W 58.13' L6 I 302'09'23"E 58.67' L7 312'48' 9'W 41.03' L8 N40'02'47"E 38.29' L9 S57'51'21"W 38,29' L10 S64'21'28"W 202.78' 1-11 N64'21'28'E 202.78' L12 S87'12'44"W 64.59' L13 S7552'35"W 48.43' L14 S26'21'28"W 76.93' L15 N26'21'28"E 64.93' L16 N34'37'30"W 44— L17 S51'37'27'E 29.09' L18 S66'08'43"E 41.68' L19 N70'14'16'W 15.97' L20 N66'48'15'W 00.36' L21 N61'39'50'W 1 50.57' L22 S23'49'52'E 139. 3' 1 o �o 000 7G 0 VIA 0< �LIN, � 0 Z— 1 -A \ � Mi CG C13 (OLD) 56—A-19 FREDERICK—WINCHESTER SERVICE AUTHORITY DO 564, PG 414 �21 (NEW) 56--A-19A 24.0698 AC EASEMENT — RESERVATION (SEE NOTE 7) C2� G22 i y «G5i ,,•, G�1--+— EASEMENT RESERVATION (SEE NOTE 7) (NEW) 56—A-18A 59.1261 AC (OLD) 56—A-19 6G, /0 rt ,,CI FREDERICK— WINCI-(ESTER ct) `� SERVICE AUTHORITY DO 564, PG 414 M� TCH VNf ` SS-e SyF� 4 NOTE: LINE L2 WAS OMITTED INTENTIONALLY. GRAPHIC SCALE DO 0 e0 100 ( IN FEET ) I inch — 100 ft. * = (NEW) PROPERTY LINES HEREBY CREATED AL)0�BOUNDARY � LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN COR`r FREDERICK 1MNCHESTER Lic. SERVICE AUTHORITY THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1'- 100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 REVISED: AUGUST 20. 2007 Patton Harris Rust & Associates Englneers. Surveyors, Planners. Landscape Architects. NOTE: SEE CURVE 117 East Piccadilly Street TABLE ON SHEET 3. .�. Winchester, Virginia 22601 Win T 540.667.2139 F 540.665.0493 SiEET 5 OF 6 (OLD) 56-A-19 FREDERICK-WINCHESTER ryrL SERVICE AUTHORITY DB 564, PC 414 17 LO � (NEW) 56-A-19A U 24.0698 AC v EASEMENT RESERVATION N �pCAB (SEE NOTE 7) 'Co) Q 0 663 J `S6� � n C9 C15 C14 q�2Q �� (OLD) 56-A-19 FREDERICK -WIN CHESTER C3� SERVICE AUTHORITY `6 DB 564, PC 414 EASEMENT -____,_C35 `�— RESERVATION (SEE NOTE 7) (OLD) PROPERTY LINES (NEW) 56-A-18A HEREBY VACATED 59.1261 AC s 9 ^ Y \ w Wa f o. W o4p r7 N Go 56-A-18A N �m (( )) PR PEf�TY c;�? LINE HEREBY N ,,goo VACATED 0�� DETAIL SCALE: 1 "=10' GRAPHIC SCALE, 100 ( IN FEET ) 1 inch = 100 It. (OLD) 56-A-18 FREDERICK- WINCHESTER SERVICE AUTHORITY DB 564, PG 414 00I UI I�oZ 0 U z S >iL. �oo z :z U- w � U Ld V) = t Q LLJ Q 0 J m z U m W v I o f N U I 0) 04 toN x_-E� 1 J N � N w a �,LT H p�, BOUNDARY LINE ADJUSTMENT U CORY M. HAYNES AND EASEMENT PLAT BETWEEN Uc. No. 2539 FREDERICK—WINCHESTER Cluj/d� SERVICE AUTHORITY SU `off THE CANYON, LC RED BUD MAGISTERIAL DISTRICT * _ (NEW) PROPERTY LINES HEREBY CREATED NOTE: SEE CURVE TABLE ON SHEET 3 AND LINE TABLE ON SHEET 5. FREDERICK COUNTY, VIRGINIA SCALE: 1°=100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2.006 REVISED: AUGUST 20, 2007 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. , East Piccadilly Win 2260 Virginia i -I- Winchester, rginia 2260} T 540.667.2139 F 540.665.0493 91D 6 Of 6 0-. n 1 REZONING APPLICATION #09-22 THE CANYON, LC Staff Report for the Planning Commission Prepared: October 6, 2022 Staff Contacts: M. Tyler Klein, AM), Senior Planner Reviewed Action Planning C0111111ission: 10/19/2022 Pending Board of Supervisors: 10/26/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/19/22 PLANNING COMMISSION MEETING: This is an application to rezone (minor prof'cr amendment) +/-174.98 acres from RP (Residential Performance) District with proffers to RP (Residential Performance) District Nvith revised proffers. This proposal would amend the previously approved proffer statement for RLZ 06-15, Opequon Crossing, to further specify no "certificate of occupancy" shall be issued for any dwelling unit without completion of improvements to Route 7 and the proposed collector "spine" road. All other provisions in the approved proffer statement (land use, density, other transportation improvements) remain unaltered. The subject properties are located wholly in the Red Bud District. Following a public tneeting, a recommendation regarding this rezoning application to the Board tof Supervisors would be appropriate TJte Applicant shotild be prepared to adetttttttely adth•ess all concerns raised by the Planning Commission. Rezoning 909-22 The Canyon, LC October 6, 2022 Page 2 This report is prepared b>> the Frederick County Planning Staff to provide inf(n'nlation to the Planning Commission and the Board of'Supervisors to assist them in making a decision oil this llpplication It lnat, also be useful to others interested in this zoning, matter. Unresolved Issues concerning this application are noted by sluff where relevant throughout this Staff report. PROPOSAL: This is an application to rezone (minor proffer amendment)-1-/-174.98 acres from RP (Residential Performance) District with proffers to RP (Residential Performance) District with revised proffers. LOCATION: The properties are located south of Route 7, cast and west of Eddy's Lane and adjacent to the Opequon Wastewater Reclamation facility at the eastern boundary of Frederick County along Opequon Creek. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-210, 55-A- 212 and 55-A-212A PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: Rural Areas (RA) South: Residential Performance (RP) East: Clarke County Use: Vacant/Residential Use: Open Space/Residential Use: Clarke County/Vacant West: Residential Performance (RP) Use: Residential Rezoning 809-22 The Canyon, LC October 6, 2022 Paue 3 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The subject properties, collectively known as "Opequon Crossing" were originally rezoned from RA (Rural Areas) to RP (Residential Perlormance) in November 2009 (REZ #12-07). A subsequent rezoning (#06-15; approved December 2015) modified the previously approved proffer statement. Since 2015, the subject properties have remained vacant and undeveloped. A Master Development Plan (MDP, #01-22) was administratively approved in March 2022 for 574 residential dwelling units, and a Subdivision Design Plan (SDP) is presently under review by the Department of Planning and Development prior to commencement of land disturbing activities. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of' Frederick County. The Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of comnntnity life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence; the Plan is a composition of policies used to plan for the future physical development of Frederick County. The Area Plans and Appendix I ofthe Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning efforts of the County. Conprehensive Plan Lund Use Compcalibilihy The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Scrvicc Area (SWSA). The UDA defines the general area in which more intensive forms of residential development will occur. In addition, the Opequon Crossing property is located within the Sensenit�/Easlern l{realerick Urban Area Plan. This land use plan calls for the subject properties to be developed as "residential." The existing zoning of the property, RP, is in conJwmance with the Plan. The proposed rezoning (minor proffer amendment) does not propose any changes to the previously approved zoning district (RP) or land uses. The proposed minor proffer amendment, to clarify the "trigger" for proffered transportation improvements, changing "building permit" to "certificate of occupancy" (proffer 9.2) does not impact the conformity of the application to the Plan. 3) Access & Transportation The proposed rezoning (minor proffer amendment) does not propose any changes to the previously approved proffered transportation improvements. However, the proposed proffer amendment does clarify that the proffered transportation improvements to Route 7 and the Rezoning 809-22 The Canyon, LC October 6, 2022 Page 4 future collector road ("spine road") will need to be completed prior to issuance of the first "certificate of occupancy." 4) Potential: Impacts & Proffers The proposed rezoning (minor proffer amendment) does not propose any changes to the previously approved total number ofunits or other capital contributions. i'ollowin,J a public lneefinZ, a recommendation regarding this rezol inZ application to the Board of Sltper')VSor'y lt,o[flll be (tppropi-i(if'. Tlie Appllea/!t sho!!ld be pr'L'pllr'ed to ti(itg!!lltell� lllllli-ess all concerns raised by the Planning Commission. REZ # 09 - 22: The Canyon, LC PI14S:55-A-210,55-A-212,55-A-212A Rezoning from RP to RP with Revised Proffers Zoning Map RIO ,. i1i10. ti ' VALLEY MILL'RD 7 �+1*1�\ lotw REZ #09-22 fflam SOVERIEGN VILLAGE Subdivision liz2 Cam© .y r .�/•� � ' `` J (AID© � ' • � ; - . REZ #09-22 w4m CLARKE COUNTY VIRGINIA `i `ERF AiN c c'N`Yo Rod lfE C 'GLORY DRD�RENTRATH C 20tf CANYON RD •114 HEAT CT �215 107 ER �♦.. •.A ANGRORNE CF t 11 HEATN Ci NORFOLK C I04 �Ai�CT. RIMROSE /L 210 � ALIINEMEADOt1rlot I06 20�- ` CANYC RD NORFOLX AL/INEMEADO�D It)S SENSENY'RD 411111 �300 C ' ONRD .�1102 313 NG� iANli1RACK �213`HYHI DR CANYO �R� ORa, CIR COOMRE D 3ua7 of t:ANYON RD 1 C• CAS RD 2� ►YHI►I�DR R" COMRE DR .;�09 Into ��.,�* SENSENY GLFN DR C _ 1 ` �37Q SENSENY.RD District)S2 (General Business District) 4W MH1 (Mobile Homo Community ' RIP (Residential Performance 0 550 ARKE UNTY w `IV r: S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 2.200 Feet Man Created Seotember 21. 2022 PVA7� Wr 1;R0 ' 1 ILLEY IMIM LL RD j� S EDDYSLN�� •� [Dors tN rpwppl ICS 155 r 19 BISCANE CT BISCANE( .TONE DP � .' SOLrARA DR 161 �• ' SOL�ARA DR ISO W SOURA-DR ORE C 113 SHIP[ CT_ I? / T GLORY DR,'f� `�'!7 - �i r" 40141 ALIIEE ATH C 9�C CANYO RD�336 11NG'GLORY DR RENT►AiN C :208 CANYON RD P ; , 111 HEATING 2IS 107 R'4 �%� NEATN Cr,� %M TER ►ANGRORNE Ci • III NORFOLK CI.la �iN�EAn+cr�5 %R/'MROSEIL 21 . AIlINEMEADOWRD IN ., �106 RD ! ♦C- A Y NORFCUL Cl .. s _202•� i � - ALPINE MEADOW.R�O 136,Ti . ' It' ' CANYON RD , �RNINGj TAMARACKS Zw212�,. 1 DR CANY It CW DR,4 • CIR r ,. ,C INRE DR ..111 3" !OQ'y.� - ItS ... CANYO RD INING •� CANYON RD , 2 WNI/I DR RY Dlt iS%01 COMRE DR -• 11 SE GLEN DR WNG - ALMNE SEN ANY GLEN DR 220 Y OR� • ppW RD SENSENY SE t00 : ti 113 v- SENSENY. ..�.A : _ 212�'- GLFN DR GlFN�O'R I!, FERN CT SENSEN I O I V i . �SENSENWG_LEN � ,41 ! IJI GLORY pR,�Glf DR •2I7 YOMRE DR t _ CANYON RD S % CANYON RO '� 2717 O1Parcels Sewer and Waler Service Area 00 �105 SENSENY.I �FRFy����FP REZ # 09 - 22: The Canyon, LC PINS:55-A-210,55-A-212,55-A-212A Rezoning from RP to RP with Revised Proffers Long Range Land Use Map 6 ssj.♦sue: s 'P . a♦�♦♦♦♦♦♦♦ 40 SOVERIEGN ►♦♦I VILLAGE ♦♦ ♦ • ♦•♦♦��i �Sub dision ♦ ♦ ♦• �ranpevRnc -"4C Avt X HEAiH Ci ?+� t �34 I A�IFE; 1119TM C CANYON RD�J36 i�r �9nA Q. SYAM Rr7 r CANYON•RD ALPINE MEADOW.RD SOS ' 136• 300 CA'�N7YON RD $ I2�.�, J iRNING) i MARACKS ,x212W�HIP►DR rCA�Y. ORJY OR CIR COMSE R<} 4 115 'If lNING� CANYOWN 209 WHIPP.�R RY DR COMSE DR O SENSENY, Glf 3t0 �1S�ENSENY�Cj � 'GEENIDR>� 234 E UR GANYO 10o 05 .K IK1X1 �� �♦�♦®♦♦♦ f l� � �♦♦♦♦•♦mot i 0 550 22 CLARKE COUNTY VIRGINIA ARKE UNTY W `iV F S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 2,200 Feet MAD Created' September 21. 2022 DocuSign Envelope ID: 5F384A7B-BF42-4C24-B3F9-DE09FDC12A92 To be conrpleled bi, Plemning Stal Zoning Amendment Number?�, z Date Received Fee Amount Paid S .Anticipated PC Hearing Date.. Anticipated BOS Hearing Date 1 REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owners) (please attach additional page(s) if more than tivo owners): Name: The Canyon, LC Specific Contact Person if Other than Above: Patrick Sowers Address: 420 W. Jubal Early Drive Suite 103 Winchester, VA 22601 Telephone: 540-336-3333 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: Pati,icl<.R.Sowe►'s(gnla►i.co►71 Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: D.R. Horton, Inc. Specific Contact Person if Other than Above: Address: 7925 Jones Branch Drive, Suite 6200 Telephone: 301-48 I -8934 ]',I -cc s. VA 22102 Email: TVFrcc drhorton.com 3. Law firm, engineering firm, or other person, if' any, serving as the primary contact person for this application: Firm Name: Specific Contact Person at Firm: Address: Telephone: Email: Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. 12 DocuSign Envelope ID: 5F384A7B-BF42-4C24-B3F9-DE09FDC12A92 4. Project Name (if any): Opequon Crossing 5. Property Information: a. Property Identification Number(s): 55-A-210, 55-A-212, 55-A-212A b. Total acreage of the parcel(s): c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acrcage(s) in each designation: RP (Residential Performance) - 174.98 Acres e. Proposed zoning designation(s) and acreage(s) in each designation: RP (Residential Performance) - 174.98 Acres f. Magisterial District(s): Red Bud g. Location -the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): lh. Adjoining Properties: Parcel ID Number See attached Use Please attach additional page(s) if necessary. Zoning Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained fi'om the Office of the Commissioner of the Revenue; Real Estate Division, 107 North Kent Street, Winchester, VA 22601. 13 DocuSign Envelope ID: 5F384A7B-BF42-4C24-B3F9-DE09FDC12A92 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. The Canvon, LC (David Holliday, sole member D.R. Horton. Inc. Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ❑Y Location Map Plat Depicting Metes/Bounds of Proposed Zoning x❑ Impact Analysis Statement El Proffer Statement (if any) ❑ N/A Agency Comments 0 Fee Copies of Deed(s) to Property(ies) 0 Tax Payment Verification Digital copies (pdfs) of all submitted items 14 DocuSign Envelope ID: 5F384A7B-BF42-4C24-B3F9-DE09FDC12A92 8. Signatur'e(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance 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) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Owner: Date v1 z ity, please state name of entity and your title: Date If signing on behalf of an entity, please state name of entity and your title: Docu Signed by: Other Applicant Party (if any): Date 8/26/2022 If'signing on behalf of an entity, please state name of entity and your title: D.R. Horton Inc., City Manager, Northern Virginia Division If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 15 Adjoining Property Owners — Opequon Crossing Owners of property adjoining the land Nvill be notified of the Planning Commission and the Board Of Supervisors meetings. I'or the purpose of this application, adjoining property is any property abutting the requested property oti the side or rear or any property directly across a public right-of-way, a private right-ol'-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revef7ue is located on 1he 2"`f ,floor of 1he Frederick C'ounly Administrative Buildi»g, 107 A'orth Kent Slreel. Name Address Property Identification Number PIN Name: Toll VA IV LP 19775 Belmont Exec Piz, Suite 250 Property #: 55-A-209 Ashburn, VA, 20147 Name: Toll VA IV LP 19775 Belmont Exec Piz, Suite 250 Property #: 55-A-211 Ashburn, VA, 20147 Name: Lisa Riggleman and Mildred Riggleman 7000 Ben Franklin Road Property #: 65-A-195 S rim field, VA 22150 Name: Twin Lakes Overlook Community Association 19775 Belmont Exec Plz, Suite 250 Property #: 55M-2-9-149D Ashburn, VA, 20147 Name: Arcadia Communities LLC 9900 Main St, Suite 500 Property #: 55G-5-3-225A Fairfax, VA 22031 Name: Arcadia Communities LLC 9900 Main St, Suite 500 Property#: 55G-5-4-179A Fairfax, VA 22031 Name: Katherine McHale 1291 Valley Mill Road Property #: 55-A-165C Winchester, VA 22602 Name: Valley Mill Farm LC 8739 C Street Property#: 55-A-165 Chesa eake Beach, MD 20732 Name: Santos E. Villalta 750 Hetzel Ter SE Property#: 55-4-4A Leesburg, VA 20175 Name: Michael McKee 283 Eddys Ln Property#: 55-4-3 Winchester, VA 22602 Name: Investors At, LLC P.O. Box 550 Property #: 55-4-2 Stephens City, VA 22655 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 55-4-1 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property#: 56-A-19 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property#: 56-A-18 Winchester, VA 22604 Name: Shenandoah Valley Battlefields Foundation P.O. Box 897 Property#: 56-A-18A New Market, VA 22844 Name: John Bradfield, Trustee 3 Woodcreek Ct Propert #: 55-A-174 Durham, NC 27713 PR©F IF FAR S T A. IfETvl! EN7 T REZONING: RZ. t# Residential Performance (RP) to Residential Performance (RP) PROPERTY: 174.98 +/- Tax Map Parcel 55-A-210, 212, & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: May 29, 2015 REVISION DA_TE(S): September 2, 2015; October 20, 2015; November 20, 2015 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Beard") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the "GDP"), and shall include the following: Page 1 of 8 1. LAND USE i . ] No more than 574 dwelling units shall be constructed on the property. A minimum of 215 dwelling units constructed on the property shall be single family detached dwellings. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are pennitted during the Master- Development Plan and final engineering process. 2. PARKS AND RECREATION: 2.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 250`t' building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-402.08 of the Frederick County Code. The recreation building shall be an enclosed clubhouse with a minimum finished floor area of 3,000 square feet. Additionally, the Applicant shall construct a neighborhood swimming pool or pools with a minimum water surface area of 3,500 square feet. The swimming pool(s) shall be constructed concurrent with construction of the recreation building and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 2.2 The Applicant shall contribute to the County the sum of $1,482 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 2.3 The Applicant shall contribute to the County the sum of $1,020 per single family attached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 2.4 The recreation building and swimming pool(s) provided for by Proffer 2.1 shall be owned and maintained by the homeowners association ("HOA") for the Property. 2.5 A trail system utilizing a 10' wide asphalt surface shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, in the areas depicted on .the GDP. The HOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. Page 2 of 8 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County the sum of $446 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 3.2 The Applicant shall contribute to the County the sum of $298 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 4. SCHOOL CONSTRUCTION: 4.1 The Applicant shall contribute to the County the surn of $12,626 per single family detached dwelling twit for school purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $7,696 per single fanuly attached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy 1br each single family attached unit. 5. LIBRARY: 5.1 The Applicant shall contribute to the County the sum of $360 per single family detached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $248 per single family attached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 6. GENERAL GOVERNMENT: 6.1 The Applicant shall contribute to the County the sum of $1,118 per single family detached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 6.2 The Applicant shall contribute to the Cowlty the sum of $770 per single family attached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. Page 3 of 8 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an IJOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building and associated sN,6mming pool(s), excluding any areas that may be dedicated to Frederick County (the "County") or other public entities. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are cusiomary for such associations or as may be required for such HOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stormwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the I-IOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 7.3 The Applicants hereby prorfer to establish a start-up fund for the Opequon Crossing Homeowner's Association (OCHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant prior to issuance of the first certificate of occupancy for any dwelling constructed on the Property and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing community. Language will be incorporated into the OCI-IOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCHOA. The start-up funds for the OCI-IOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or other operating expenses and/or capital expenses of the OCHOA. 8. WATER & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). Page 4 of 8 8.2 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101 st building permit is issued. (See 1 on GDP) 8.3 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. 9. TRANSPORTATION: 9.1 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP. Said collector road shall be located within both a 60 foot. right of way and an 80 foot right of way as generally shown between Point A and Point B on the GDP. The Norih-South collector road shall generally run along the planned right of way for VA Route 37 as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations consistent with existing approved plans for the North -South collector road. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project. The Applicant reserves the right to request for partial funding for the construction of the collector road and VA Route 7 improvements through revenue sharing or other programs as may be available through VDOT and/or Frederick County. 9.2 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7. No building permits shall be issued for any dwelling units located oil the Property until such time that the following improvements are constructed at VA Route 7 and the "spine" collector road: signalization, Westbound lanes (1 left, 2 thru), Eastbound lanes (1 right, 2 thru), Northbound lanes (1 left, 1 right). 9.3 The Applicant shall construct an entrance on the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. As part of these improvements, the Applicant shall remove the existing Route 7 median crossing and the existing Route 7 entrance to the Opequon Regional Wastewater Facility. Page 5 of 8 9.4 The right of way for VA Route 37 as identified by County studies and generally shoNvn on the GDP will be surveyed and platted. The Applicant shall dedicate the right of way, 250 feet in width, for VA Route 37 across the Property, at no cost to the County, within 90 days of request by the County. 9.5 The Applicant shall construct a single east -west road crossing of the right of way for VA Route 37. Said road shall be designed to accommodate the future Route 37 fly -over bridges. 9.6 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussions Nvith the Virginia Forestry service and VDOT and shall be shown on initial construction plans. 9.7 Direct lot access to the "spine" collector road shall be prohibited. 9.8 The Applicant shall dedicate sufficient right of way and constrict Eddys Lane to VDOT requirements from the north Property boundary to the south Property boundary as depicted on the GDP from Point C to Point D. Said connection shall be made prior to issuance of the 350"' building permit. 9.9 The Applicant shall provide a reserve area that is a maximum of 56 feet in width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparcel connector and use of the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 2 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. Page 6 of 8 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the proposed landscape screen. (See 3 on the GDP) 11. OPTION FOR USE OF TRANSFER OF DEVELOPMENT RIGHT ORDINANCE 11.1 In lieu of the per unit monetary contributions as provided above, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed dwelling units for the subject Property. No monetary proffer- shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments, shall remain applicable to such dwelling units. 12. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 12.1 Any portion of the Property may hereafter be dedicated for public purposes (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 13 ESCALATOR FOR MONETARY PROFFERS: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after approval of this rezoning to the most recently available CPI-U to the date` the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) Page 7 of 8 Respectfully submitted, The Canyon, LC By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: '' II The foregoing instrui b nt was ack_nowled e before n c this �day of �10!�fi%c , 2015, byaJic1 My commission expires: f Notary Public Page 8 of 8 BLUE RIDGE oul _7 k 0 N —VALLEY MILL PROPOSED L___ ABRAMS ENTRANCE ROAD DOUB ROV 13F FOR WVTP < EVER(G REEN TREES FWSA oa00000000000 PROPOSED OPEQUON EDDYS LANE SPINE' ROAD WWTP 41 X, CONNECTION KER/ BIKER TRAIL HIKER/ BIKER TRAIL AIL 4f* PROPOSED % REC CENTER J'l 'HIK / ? ' BIK TRL':.OPEN SPACE ' CONNECTION WITH TWIN LAKES PROPERTY TWIN LY PENNONI ASSOCIATES INC. 117 E Picadili St Winchester, Virginia 22601 VOICE (540) 667-2139 FAX: (540) 665-0493 DATE 5/29/15 JREV: 8/19/15--F- LANDSCAPE SCREEN 0 ......... ..... .. ......... ... ............ GENERALIZED DEVELOPMENT PLAN Opequon Crossing SCALE: 1" = 700' PROFFER STATEMENT REZONING: RZ. 11 Residential Performance (RP) to Residential Performance (RP) PROPERTY: 174.98 +/- Tax Map Parcel 55-A-210, 212, & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: May 29, 2015 REVISION DATE(S): September 2, 2015; October 20, 2015; November 20, 2015; July 25., 2022 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the "GDP"), and shall include the following: Page 1 of 8 1. LAND USE 1.1 No more than 574 dwelling units shall be constructed on the property. A nlininlunn of 215 dwelling units constructed on the property shall be single family detached dwellings. Multi -family CIWCIIIIlg units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. PARKS AND RECREATION: 2.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 250"' building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-402.08 of the Frederick County Code. The recreation building shall be an enclosed clubhouse with a nnininnianl finished floor area of 3,000 square feet. Additionally, the Applicant shall construct a neighborhood swimming pool or pools with a minimum water surface area of 3,500 square feet. The swimming pool(s) shall be constructed concurrent with construction of tine recreation building and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at tine of Master Development Plan. 2.2 The Applicant shall contribute to the County the sun of $1,482 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 2.3 The Applicant shall contribute to the County the sure of $1,020 per single family attached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 2.4 The recreation building and swimming pool(s) provided for by Proffer 2.1 shall be owned and maintained by the homeowners association ("IJOA") for the Property. 2.5 A trail system utilizing a 10' wide asphalt surface shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, in the areas depicted on the GDP. The HOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. Page 2of8 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County the sum of $446 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 3.2 The Applicant shall contribute to the County the sum of $298 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 4. SCHOOL CONSTRUCTION: 4.1 The Applicant shall contribute to the Count)' the sum of $12,626 per single family detached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 4.2 The Applicant shall contribute to the County the suns of $7,696 per single Family attached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 5. LIBRARY: 5.1 The Applicant shall contribute to the County the sum of $360 per single family detached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $248 per single family attached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 6. GI✓NLRAL GOVERNMENT: 6.1 The Applicant shall contribute to the County the SLIM of $1,1 18 per single family detached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 6.2 The Applicant shall contribute to the County the sum of $770 per single family attached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. Page 3 of 8 7. CREATION OF HONIEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building and associated swimming pool(s), excluding any areas that may be dedicated to Frederick County (the "County") or other public entities. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such I-IOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stormwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the I-IOA if platted within residential or other lots, or otherwise granted to the I-IOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon Crossing Homeowner's Association (OCHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant prior to issuance of the first certificate of occupancy for any dwelling constructed on the Property and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing eonuilunity. Language will be incorporated into the OCIIOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these fiends to the OCHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCIIOA. The start-up funds for the OCIIOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or other operating expenses and/or capital expenses of the OCI-1OA. 8. WATLR & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). Page 4 of 8 8.2 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101st building permit is issued. (See 1 on GDP) 8.3 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. 9. TRANSPORTATION: 9.1 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point B on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37 as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations consistent with existing approved plans for the North -South collector road. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project. The Applicant reserves the right to request for partial funding for the construction of the collector road and VA Route 7 improvements through revenue sharing or other programs as may be available through VDOT and/or Frederick County. 9.2 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7. No btti4dii+g-per+iiil-scertif cate of Occupancy shall be issued for any dwelling units located on the Property until such time that the following improvements are constructed at VA Route 7 and the "spine" collector road: signalization, Westbound lanes (1 left, 2 thru), Eastbound lanes (1 right, 2 thru), Northbound lanes (1 left, 1 right). 9.3 The Applicant shall construct an entrance on the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. As part of these improvements, the Applicant shall remove the existing Route 7 median crossing and the existing Route 7 entrance to the Opequon Regional Wastewater Facility. Page 5 of 8 9.4 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant shall dedicate the right of way, 250 Feet in width, for VA Route 37 across the Property, at no cost to the County, within 90 days of request by the County. 9.5 The Applicant shall construct a single east -west road crossing of the right of way for VA Route 37. Said road shall be designed to accommodate the future Route 37 fly -over bridges. 9.6 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussions with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. 9.7 Direct lot access to the "spine" collector road shall be prohibited. 9.8 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT requirements from the north Property boundary to the south Property boundary as depicted on the GDP from Point C to Point D. Said connection shall be made prior to issuance of the 350"' building permit. 9.9 The Applicant shall provide a reserve area that is a maximum of 56 feet in width for a potential future connection between the Property and tine adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparcel connector and use of the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 2 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. Page 6 of 8 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Frees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the proposed landscape screen. (See 3 on the GDP) 11. OPTION FOR USE OF TRANSFER OF DEVELOPMENT RIGHT ORDINANCE l 1.1 In lieu of the per unit monetary contributions as provided above, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments, shall remain applicable to such dwelling units. 12. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 12.1 Any portion of the Property may hereafter be dedicated for public purposes (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 13 ESCALATOR FOR MONETARY PROFFERS: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) Page 7 of 8 Respectfully submitted, The Canyon, LC By: Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: of The foregoing instrument was acknowledged before me this , 2-0+52022, by My commission expires: Notary Public day Page 8 of 8 Depi/I'icketl! RE2022 / 410640001 Name THE CANYON Name 2 C/O DAVE HOLLIDAY CONSTR INC Address 420 W JUBAL EARLY DR STE 103 WINCHESTER VA %ip 22601 6435 Reel Estate Ticket Detail Previous Frequency 1 Map/1 55 A 210 Bill Datc 04/25/2022 Duc Date 06/06/2022 Desc 70.15 ACRES Supplementll 0 Account/1 8015929 Acreage 70.150 Improvements $87,100.00 Land Value $1,441,500.00 Land Use $0.00 Minerals $0.00 Pcnalty Paid 50.00 Interest Paid $0.00 Last'l'ransaction Date 06/01/2022 (ltrrrul 1'avmcut tilalus Original Bill Payments Principal Balance Duc Penalty Interest Balance Duc 54,662.23 ($4,662 23) 50.00 $0.00 $0.00 $0.00 'Iransactiun Ilistorl Date i'ype 1'ransactionll Amount Balance 6/6/2022 Charge 0 $4,662.23 $4,662.23 6/1/2022 Principal Paid 12037 ($4,662.23) $0.00 Previous Real Estate Ticket Detail rPrevious ! ,1 11 ^^ ff fj Dept/Ficketil RE2022/410650001 Frequency 1 supplementll 0 Name THE CANYON LC Map// 55 A 212 Account# 8015931 Nance 2 C/O DAVE HOLLIDAY CONSTR INC Bill Dale 04/25/2022 Acreage 103.830 Address 420 W JUBAL EARLY DR STE 103 Due Date 06/06/2022 Improvements $0.00 WINCHESTER VA Desc 103.83 ACRES Land Value S1,800,600.00 Land Use $0.00 Zip 22601 6435 Minerals $0.00 Penally Paid $0.00 Interest Paid $0.00 Last Transaction Dale 06/01/2022 l'urrcnt Ponmcnl tiL•nhns Original Bill Payments Principal Balance Due Penalty Interest Balance Due $5,491.83 ($5,491.83) S0.00 $0.00 $0.00 $0.00 •I'ransaclion llislur� Date Type 'rratrsaclionll Amount Valance 6/6/2022 Charge 0 $5,491.83 $5,491.83 6/12022 Principal Paid 12037 ($5,491.83) $0.00 Previous Dept/picket# RE2022 / 410660001 Name THE CANYON LC Name 2 C/O DAVE HOLLIDAY CONSTR INC Address 420 W JUBAL EARLY DR STE 103 WINCHESTER VA ZIP 22601 6435 Penalty Paid Original Bill $ 620.68 Datc 6/6/2022 6/1/2022 7/ 11 /2022 Deal Estate Ticket Detail Previous 202 '. RE -AL ESTATE* Frequency 1 Map/1 55 A 212A Bill Dale 04/25/2022 Due Date 06/06/2022 Dcsc 5.00 ACRES $0.00 Interest Paid $0.00 ('uncut Pacmcnl �latlb Payments Principal 1tal:mce Due Penalty ($620.68) $0.00 'I'ransaciion Ilklon Type "I'ransactiun// Charge 0 Principal Paid 12037 Abated 0 Previous $ 0.00 SLIPP]ement// 0 Accountl/ 8034941 Acreage 5.000 Improvements $0.00 Land Value $203,500.00 Land Usc $0.00 Minerals $0.00 Last Transaction Date 07/11/2022 Interest Balance Duc $0 00 $0.00 Amount Milance $620.68 $620.68 ($620.00) $0.68 ($0.G8) $0.00 0 C.n __.3 CD Prcparcd By. Walsh, Colueei, Lubcley, Emrich & Terriak, KC 4310 Prince William Parkway, Smic 300 Prince William, Va.21*91 Grantee's Address: PO Box 3276, Winchester, VA 22604 cowidcrauoa. SL , 400, WO.00 ¢ (j Tax Map No' �- Z 12-'-- SPECIAL WARRANTY DEED THIS DEED is made this A 7 *4"' day of Tv 1 �2 , 2004, by and between Edward D. Haggerty and John S. Haggerty, as Trustee of the John S. Haggerty Revocable Trust and in his individual capacity, hereinafter, GRANTORS; and The Canyon, LC, a Virginia limited liability company, hereinafter, GRANTEE; WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the said Grantors do hereby grant, bargain, sell and convey, with Special Warranty of Title, unto the Grantee as all that certain lot or parcel of land situate, lying and being in Frederick County, Virginia, and more particularly described as follows; See Exhibit "A" AND BEING part of the property conveyed to John J. Haggerty and Alice S. Haggerty, his wife, as tenants by the entirety, by Deed from Leonard C. Ellis and Esther P. Ellis, his wife, dated November 23, 1966, recorded February 26, 1968, in Deed Book 328, at page 16; John S. Haggerty died as evidenced by recital in Deed recorded in Deed Book 448, at page 131, leaving Alice S. Haggerty as the surviving tenant; Alice S. Haggerty conveyed an undivided one -forth (1/4) interest to John S. Haggerty and an undivided one -forth (1/4) interest to Edward D. Haggerty by Deed dated August 15, 1975, recorded August 18, 1975 in Deed Book 448, at page 131; Alice S. Haggerty died testate on January 5, 1993 and devised her interest in the subject property to John S. Iaggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 1:05, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, O Un Haggerty Revocable Trust b Deed dated `J Trustee of the John S. IIagb y y k-D December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCELS 1 AND 2) AND BEING the a portion of same property conveyed to Alice S. Haggerty, widow, as to a one-half (1/2) undivided interest, Edward D. Haggerty, as to a one -forth (1/4) undivided interest and John S. Haggerty, as to a one -forth (1/4) undivided interest; Alice S. Haggerty died testate on January 5, 1993 and devised her interest in the subject property to John S. Haggerty and Edward D, Haggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, Trustee of the John S, Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCEL 3) AND BEING the same property conveyed to Alice S. Haggerty, John H. Haggerty and Edward D. Haggerty, as tenants in cormnon, each as to a one-third (1/3) undivided interest, by Deed dated October 3, 1979, recorded October 3, 1979 in Deed Book 514, at page 601; Alice S. Haggerty died testate on January 5,1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCEL 4) Grantors do hereby reserve unto themselves and their successors in interest an ingress/egress easement across the said property hereby conveyed ("Property") serving all of that remaining property in Clarke County, ownership of which is being retained by the Grantors. Such easement shall be an easement in gross across the Property until such time as a specific access is provided by the Grantee, as set forth herein, below. Such easement shall be sufficient to allow for vehicular access to the property in Clarke County retained by Grantors from any CD CA CO public street serving the Property, provided, however, that the inability of the Grantors to obtain CD permission to cross Opequon Creek shall in no way affect the conveyance made herein. In the event that Grantee develops the Property, Grantee shall provide public access easement over the Property from the property retained by Grantor in Clarke Comity, Virginia, to the street network, as the network may be approved by the appropriate governmental authority, and then over said streets to a public street or road serving the Property. If possible, such access shall not be located within any floodplain associated with Opequon Creek or within any wetland that may be subject to state or federal regulation. The exact location of such connection shall be mutually agreeable to both Grantors and Grantee, or their successors in title, quid neither party's consent thereto will be unreasonably withheld, conditioned or delayed. In no event shall Grantee be required to construct any crossing of Opequon Creek or any public improvements on the Property in Clarke County retained by the Grantors. The Grantors shall bear (lie cost of constructing any access road over the easement hereby granted up to the point where it joins the street network of the Grantee mentioned herein. The reservations set forth above shall be construed as covenants running with the land, and shall continue in force and effect until access satisfying the conditions set forth above have been fully and completely satisfied. Upon full and complete satisfaction of the conditions set forth herein, Grantor or its successors in title shall execute such documents as are necessary to evidence the satisfaction of the covenants set forth herein. The above -described Property is conveyed subject to all rights of ways, easements and restrictions of record that legally affect the title to said Property. The Grantors covenant that it has the right to convey the property described herein raid that the Grantors will execute such further assurances of the said land as may be requisite. 3 Witness the following signatures and sea Commonwealth ofV4g4tria ►"455-Av54>Y-T Cotuity/c-ity- of ri dr) I-esPx , to -wit: The foregoing Deed was acknowledged before me in my aforesaid jurisdiction b, Haggerty, Grantor, this a7 F'hay of T I 12004. My Commission expires: It .7 Notary Public 1 AI-Aagg John SNohn S. Haggerty Revocable Trust and in his individual capacity Commonwealth of-Vtrginia /►,g9s�(hvSr; S County/C-iey of h, ddlPs-ex , to -wit: The foregoing Deed was acknowledged before me in my aforesaid jurisdiction by John S. Haggerty as Trustee of the Jolui S. Haggerty Revocable Trust and in his individu Grantor, this �?�4fay of Tvl2 , 2004. My Commission expires: Notary Public EXHIBIT "A" PARCEL 1: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thercunto belonging, containing 111.505 acres, more or less, lying and being situate in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia and being more particularly described on that certain plat and survey made by Thomas A. Shockey, L.S., dated October 20, 1978 and recorded in the Office of the Circuit Court of Frederick County, Virginia, in Deed Book 505 at Page 280. LESS AND EXCEPT that 5.000 acres, more or less as shown on plut attached to confirmation of plat and survey recorded in Deed Book 754, at page 1101, among the land records of Frederick County, Virginia. PARCEL 2: All that certain tract or parcel of land, together with the improvements thereon and appurtenance thereunto belonging, containing 5.000 acres, more or less as shown on plat attached to Confirmation of Plat and Survey recorded in Deed Book 754, at page 1101, among the land records of Frederick County, Virginia. PARCEL 3: All of that certain lot of parcel of land, together with the improvements thereon and the appurtenances thcrcunto belonging, containing 1,813 square feet, more or less, lying and being situate in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia, and more particularly described as Parcel "B" on that certain plat of survey drawn by Thomas A. Shockey, C.L.C., dated January 11, 1979, and recorded in the Office of the Clerk of that Circuit Court of Frederick County, Virginia, in Deed Book 506 at page 376, PARCEL 4: All of that certain lot or parcel of land, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereunto belonging, lying and being situate on the eastern side of Route 820 in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia containing 1,974 square feet, as shown on the plat and survey of Thomas A. Shockey, C.L.S., dated October 1, 1979, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 514, at page 601, VIRCIINIA: ME-DERICK COUNTY, SCT. T}ris instrument u] xriling wuc pre ducx•d 1a rrte (oil ):\47W796\D02lSpecial WarrantyDeed.doc /� — O� e'D j;1I , M r and with Certi!i:.11: "I .t; { nut�!:,1<cut, fit w3s(a/dmitted ut re•irtrd.'1 uteJ rn :ir . Sw.l•till' �( $lr / 0000, and 58.1.807 have hektn r:ud, tt tissei5abl, A , Clerk 0 u-! cD N 0130006110 CD Ca Cr) THIS DEED, made and dated as of the day of March, 2006, by and between GOLDIE'S LC, a Virginia limited liability company, party of the first part, hereinafter referred to as Grantor, and THE CANYON, LC, a Virginia limited liability company, party of the second part, hereinafter referred to as Grantee. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid the Grantor by the Grantee on or before the delivery of this Deed, the receipt and sufficiency of all of which are hereby acknowledged, the Grantor does hereby grant and convey with Special Warranty of Title unto the Grantee, in fee simple, the following described real estate, together with all rights of way, privileges and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: All of that certain tract or parcel of land, containing 71- 1/2 acres, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate about five miles East of Winchester, in Red Bud District, (formerly Shawnee District), Frederick County, Virginia, and more particularly set forth on the attached Schedule A. This is the same property conveyed to the Grantor herein by Deed dated May 23, 2000 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 966, at Page 1166. TAX MAP NO.: 55-A-210 WITNESS the following signature and seal: GOLDIES, LC, a V' inia 1' ited liability company BY (SEAL) I er STATE OF VIRGINIA, At -Large CITY OF WINCHESTER, To -wit: The foregoing document was acknowledged before me in the jurisdiction aforesaid this �{jr day of , 2006, by LARY E. ADAMS, Manager of GOLDIES, LC, a Virginia limited liability company, on behalf of such company. I� My Commi,qpign expires1 2"'/ %'w'r_..d,�L MOW~. F�o�e, � _ . NOT win s Mac ( ld-6Deed-p ro RHEYO AT uw 02/2W(-ATY,/&5J 15d'. •'/, 1':•, ]'t RETURN TO: �evnc, COMMONWEALTH LAND TITLE 10513 JUDICIAL DRIVE FAIRFAX, VA. 22030 SCHEDULE A O Description of o Goldie Tract .— Property of __j Goldies, LC Deed Book 966 Page 1166 (Instr. No. 000005388) Red Bud District Frederick County, Virginia Being all of the property acquired by Goldies, LC, as recorded in Deed Book 966 Page 1166 (Instrument Number 000005388) among the Land Records of the Clerk of the Circuit Court of Frederick County, Virginia and being more particularly described as follows Beginning at a point marking the centerline of Eddy's Lane, State Route 820 (40' right- of-way) and said point intersecting with the property of The Canyon, LC (Inst. No. 040014715); thence running writh said property of The Canyon L.C. the following five (5) course and distances 1.) South 40'15'33" East, 13.09 feet to a point; thence 2.) South 29°20'58" East, 90.15 feet to a stone found (held); thence 3.) South 14°12'27" West, 725.08 feet to a stone found (held);; thence 4.) North 7719'47" West, 251.34 feet to a point; thence 5.) South 27°54'43" West, 800.25 feet to a point, said point lying on the northerly property line of Toll VA IV, LP (Inst. No. 040015217); thence departing the property of The Canyon LC and running with said property line of Toll VA IV, LP and running with said northerly line of Toll VA IV, LP the following course and distance 6.) North 7VI8'28" West, 2034.94 feet to an iron rod found (held) [passing an iron post found at 28,79 feet (held for line)], said point being on the easterly property line of Eastern Frederick Development Co. (DB.652 Pg 478); thence departing the property of Toll VA IV, LP and running with said property line of Eastern Frederick Development Co. the following course and distance 7.) North 19°26'03" East, 1067.74 feet to a stone found (held);, said point being on the southerly property line of Matthew C. and Katherine M. McHale (DB. 959, Pg. 1851); thence departing the property of Eastern Frederick Development Co. and running with said line of the MclHale Property the following course and distance CD cj -- 00 8.) South 89°29'53" East, 8.73 feet to an iron rod found (held), said point being the southwesterly most corner of the property of Valley Mill Farm L. CL Umt. No. 010001362); thence departing the property of Matthew C. and Katherine M. McHale and continuing with said property of Valley Mill Fann L. CL the following two (2) courses and distances 9.) South 86°21'07" East, 436.83 feet to an iron rod found (held); thence 10.) South 86°42'52" East, 1315.28 feet to an iron rod found (held), said point being the southwesterly most corner of the property of Alicia F. Grey (DB 858, Pg. 693); thence departing the property of Valley Mill Farm L. CL and continuing with said property line of Alicia F. Grey the following two (2) courses and distances 11.) South 86034'29" East, 356.02 feet to a point; thence 12.) South 65°58'54" East, 223.68 feet to the point of beginning, containing 3,055,552 square feet or 70.14581 acres of land. VIRUNIA: FREDERICK COUNTY. SC'. This instrument of writing was produced to m�e on V and with certir)cnte of acknowledgement thereto annexed was admitted to record. T imposed by Sec. 58.1-802 of i j y, and 58.1-FOI have been paid, it assessable imii— I Clerk CD W IV RZ VICINITY MAP SCALE: 1" = 2,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATO DATE OWNER'S CONSENT: (AS TO PIN 55-A-212) THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT ON AND THROUGH THE PROPERTY OF THE CANYON, LC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDA E V�TH THE SIRES F �THEUNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. � D TE PRINTED NAME & TITLE GV,RA-v,tj NOTARY UBLIC J/ ;=h5; y��pLrH STATE OF I� (1ID CITY/COUNTY OF �(e�y, �; o -}'• E FOREGOING S,; .U�ateENT WAS ACKNOWLEDGED BEFORE ME ON 1 l� III DATE) MY COMMISSION EXPIRES (0 31- I I'• 110�`.`' (NOT BL' ) )JV 310� (DATES:..,,"me`µ OWNER'S CONSENT: (AS TO PINS 55-4-1, 56-A-18 & 56-A-19) THE ABOVE AND FOREGOING RESERVATION OF EASEMENT AND BOUNDARY LINE ADJUSTME14T ON AND THROUGH THE PROPERTIES OF FREDERICK-WINCHESTER SERVICE AUTHORITY, 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. �rtunlu 1 0 •� DATE PRINTED NAME & TITLE 71 ;o�PPY PV AAA= NOTARY P BLIC �:2 0; ••• STATE OF nlo` ❑SCRY n: VV�nCfltSr� THE F REGOING INSTRU T WAS ACKNOWLED F Sty `-il, r aj lyr BY FAL O DATE) "1n1,........,v`` Y\ c �� BOUNDARY LINE ADJUSTMENT (NOTARY PUBLIC) AND EASEMENT PLAT MY COMMISSION EXPIRES CI - 30"do 1 1) (DATE) Lr� U CORY M. HAYNES 9 LIc. No, 2539 g101o� 4z sufi °4 BETWEEN FREDERICK—WINCHESTER SERVICE ADUTHORITY AN THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FRED RICK COUNTY VIRGINIA SCALE: N/A DATE: APRIL 27, 208pSg06 REVISED: AUGUST 4, 20 REVISED: AUGUST 20, 2007 Patton Harris Rust & A s s a c I a t a s Engineers. Surveyors. Planners. Landscape Architects. �A- 117 East Piccadilly Strout Winchester, Virginia 22601 T 540.667.2139 F 540.665,0493 SHEET 1 OF 6 b n b O i N PHR+A 2007 FREDERICK AWINCHESTER SS—A—IG2 �ERR� ROUT SERVICE sSTHORIGJY SS—J—E 659 Rov� �1�� Rp • ss .�-e 55NE1NcN�SR �O ER�O��P NCR `v� �Q.• FRsEFt`�G� „oJ� l�' s5-¢-2 , 55-4-910 ti T {E :: . '. .::...:..: ' :::.:;; OVERALL MAP SCALE: 1" = 1000' /ice NOTES: 1. FREDERICK COUNTY PINS: 55—A-212, 55-4-1, 56—A-18 & 56—A-19; ZONED: RA (FWSA) do RP (THE CANYON, LC). 2. THE PURPOSE OF THIS PLAT IS TO ADJUST THE BOUNDARY LINES IN SUCH A WAY AS TO CONVEY 2.7689 ACRES TO THE CANYON, LC FOR PURPOSES OF FUTURE DEDICATION OF RIGHT—OF—WAY FOR HAGGERTY BLVD. AND 5.5378 ACRES TO FREDERICK— WINCH ESTER SERVICE AUTHORITY IN EXCHANGE. 3. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 4. BASIS OF MERIDIAN SHOWN HEREIN IS A FIELD RUN CPS SURVEY V,HICH TIES THIS PROJECT TO NAD 83, VIRGINIA STATE PLANE (NORTH ZONE) DATUM. 5. PERMANENT MONUMENTATION WILL BE SET AT ALL PROPERTY CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. 6. ADJOINING PROPERTY INFORMATION SHOWN HEREIN (SEE SHEET 3) IS DERIVED FROM INFORMATION OBTAINED FROM THE FREDERICK COUNTY MAPPING SERVICE (INTERNET WEBSITE gis.co.frederlck.vo.us) AUGUST, 2007. 7. VARIABLE WIDTH SLOPE & DRAINAGE EASEMENT IS HEREBY RESERVED FOR DEDICATION TO VDOT AT SUCH TIME AS RIGHT OF WAY FOR PUBLIC STREET PURPOSES IS DEDICATED FOR HAGGERTY BLVD. SURVEYOR'S CERTIFICATION: I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS DEDICATION AND ADJUSTMENT ARE THE SAME PROPERTIES CONVEYED TO THE CANYON, LC BY DEED RECORDED AS INSTRUMENT K040014715 (55—A-212) AND TO FREDERICK—WINCHESTER SERVICE AUTHORITY BY DEEDS RECORDED AS DEED BOOK 600, PAGE 691 (55-4-1] AND DEED BOOK 564, PAGE 414 (56—A-18 & 56—A-191 ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. C.: W �(N %EYQ 56—A— BA tEDERICK-WINCHESTER SERVICE AUTHORITY Uj z 0 (I M of 5N , 0 0 ¢ z 6—I-1 z ¢ Z -j (OLD) PROPERTY s LINES HEREBY VACATED 'rotl J1vr-1-4 AREA TABULATION: TOTAL AREA OF (PROPOSED) ROW = 120,614 SF/2.7689 AC (SEE NOTE A) TOTAL AREA OF BLA 241,228 SF/5.5378 AC (SEE NOTE B) NOTE A: AREA OF LAND MAKING UP THE RIGHT—OF—WAY WHICH IS CONTAINED WITHIN PIN 55-4-1, 56—A-18 AND 56—A-19, PROPERTY OF THE FREDERICK—iWINCHESTER SERVICE AUTHORITY, TOTALING 2.7689 ACRES, IS TO BE CONVEYED TO THE CANYON, LC AND TO BE ADDED TO PIN 55— A— 212. NOTE B: AREA OF LAND WHICH IS CONTAINED WITHIN PIN 55—A-212, PROPERTY OF THE CANYON, LC AND TOTALING 5.5378 ACRES, IS TO BE CONVEYED TO THE FREDERICK—WINCHESTER SERVICE AUTHORITY AND ADDED TO PIN 56—A-19. FOR ISIS PURPOSES: OLD) PIN 55-4-1 - 7.82 AC NEW) PIN 55-4-1A - 7.3930 AC OLD) PIN 55—A-212 - 106.4811 ACI NEW) PI14 55—A-212B = 103.8311 AC' OLD) PIN 56—A-18 — 23.4B AC NEW) PIN 55—A-18A = 59.1261 AC OLD) PIN 56—A-19 - 56.52 AC NEW) PIN 56—A-19A = 24.0698 AC UNLESS OTHERWISE NOTED THUS ', ALL OLD AREAS ARE BASED ON RECORD INFORMATION HEREIN REFERENCED, NOT A FIELD RUN SURVEY. 'BASED ON A CURRENT FIELD RUN SURVEY ELT H L f e CORY M. HAYNES Uc. No. 2539 Sf zt�%v7 su' BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK— WINCH ESTER SERVICE ADUTHORITY AN THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, gqVIIpRRRG��IILNIA 09 SCALE: 1"=1000' REVIS : AUGU5T24: REVISED: AUGUST 20, 2QpO7 Patton Harris Rust $ A6sacIatas m Engineers. Surveyors, Planners. Landscape Architects. PHIS tO 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 V SAn AFS nAn7 nuts " N ADJOINERS: 55-A-162 & 163 N/F BAYLIS INVESTMENTS, LLC DB 806. PG 136 ZONED: RA USE: RESIDENTIAL 55-A-164 VN F GLADDIE R. CARTER 0 445, PG 833 ZONED: RA USE: RESIDENTIAL 55-A-209 N4F TOLL VA IV LP INST 04001520 ZONED: RP USE: OPEN SPACE 55-A-210 N F THE CANYON, LC INST 1060006113 ZONED: RA USE: VACANT 55-A-211 N/F TOLL VA IV, LP INST #040015217 ZONED: RA USE: RESIDENTIAL 55-A-212A N�F THE CANYON, LC INST �940014715 ZONED RP USE: VACANT 55-3-8, C & D N/F LUWANNA S. CARTER INST gq020000231 ZONE b: RA USE: RESIDENTIAL 55-3-E N F ROGER W. CARTER D 303, PG 345 ZONED: RA USE: RESIDENTIAL 55-4-IA N/F RICHARD S. & MARY E. DIMMEL INST #060012622 ZONED: RA USE: RESIDENTIAL 55-4-2 N F INVESTORS AT, LLC INST p050006592 ZONED: RA USE: RESIDENTIAL 55-4-3 N/F MICHAEL EDWARD MCKEE INST 30024787 ZONE RA USE: RESIDENTIAL 55M-2-9-149D N/F TOLL VA IV, LP INST #050022857 ZONED: RP USE: OPEN SPACE 65-A-195 N F LISA ANN & M LDRED L. RIGGLEMAN INST #010000231 ZONED: RA USE: RESIDENTIAL 6-A-59 N/F EDWARD D. HAGGERTY DB 413, PG 914 USE: VACANT 6-I-1, 2, 3 & 4 KEYSTONE ESTATES D8 91, PG 83 USE: RESIDENTIAL NOTE: SEE LINE TABLE ON SHEET 5. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 839.79' 7'21'22" 364.60' 82.55' S73'55'50"E 364. ' C2 2839.79' 7'04' " 78' 175.61' S6 9'0 " 3 6' C3 593.00' 33'23'25' 345.56' 177.85' N19-47-30"E 340.71' C4 33 00' 36'56'59' 343.73' 17 .0 ' 21*34"1 "W 37 80' C5 407,79' 17'48' 4" 1 7 ' 63.89' S48'6 '04'W 126, C6 527.00' 6'30' 7" 29.93' S61'06' 5'W 59.7 ' C7 599.00' 38'00'00" 397.27' 205.25' S 1' "W 3 0.03' CS 14.7 ' 40'50" 180,8Z 90.44' N6 3'1"W 1 7 ' C9 527.00' 38'00'00' 349,52' 181.46' N45 1'28"E 343.1 ' 710 6'30'07" 6 .97' 4.0 6 ' 6' "E 67 4' CIA 473.80' 1 17' '34" 1 4.23' N48' 7'04"E 6. ' C12 5 3 00' 36'56'59" 382 4 ' 198.1 ' N 8"E 375A,' C13 533.00' 17'3841" 164 14' '5 i C14 641.75' 2'57'50" 33.20' 16.60' N31*26'15"E 33,19' 1 1 .16' 13'30'15' 3 0' 4 7" C16 1378.30' 2'41'5B' 64.94' .4 4' "W 64.9 ' C17 .84' 7'5 '58" 119,35' S 77' h '1 119. 6' C78 458,36' 6'29'29" 51.93' 5.99' S54'48'25"W 51.90' C19 1 44' 17.26' N5B'14'21'E 34. 0' C20 11.13W 5'06'04" 101.29' 50.6B' S58'29'13"W 101.26' C21 620.67' 11'4 ' S52'37'48'W 127.93' C22 592.21' 3'22'42" 34.92' 17.46' N48'00'47"E 34.91' C23 131.63' 17'02'44" 39,16' N55-14-23-E 3 .0 ' C24 97 24' 12'57'58' 67.26' 33.78' S5911'57"W 67.12' C25 4 1.70' 19'01'25" 133. 1' '4 '4 .7 ' C26 448A4' 18' 1'06" 144.84' 73.0 '06"W 144. 1' C27 2363.39' 2'03'33" 84 48' S16-45-15-W 84.94' C28 727.52' 3'31'47" 44.82' 22.42' N15'24'52"E 44.81' C29 58.49' '44" 3. 9' S1411'0 "W 26.28' C30 10 7,11' 14'06'42' 252.97' 1 7.13' S01'66'31"W 252.33' C31 35.50' 22'32'51' 138.33' 70.07' N 7'38'1$'E 137.43' C32 2630.GO' 2'06'7 " 96. 6.6 ' C33 319.50' 5'51'39' 32.68' 16 3 ' N15 15'45�"E 3 .67' C34 66 .04' 916'59" 10 4 3 ' N25'21'47"E 10B,28' C35 1133 02' '49'4 5 94' 9 ' N 3'0 55.94' C36 7 009' 7'02'31" 95,88' 48.00' N34'39'50"E 95.82' C37 6 ' 8'4 '14" 34 70' 364 '44" 34,66' C38 34 4' 33'00'07" 201.34' 103.55' N51'56'32'E 198.56' C39 15 4,62' 4'O6'01" 1 4.11' 7,08' 68'04'20"E 11 .09' C40 7 1' '00'4B" 86.32' 43.22' N7455'23"E 86.27' C41 515.78' 7'11'05" 64.68' 32 38' S76'22'52'W 64.63' C42 37, 0' 14'58'33' 9.91, 4.98' S68'59'30"W 9.88' C43 7.71' 19'07'10' 79.3 0.03' S52'26'16'W 78.96' C44 1765.08' 2'59'1 ' 92.01' 46.02' N44' '36' 92.00' C45 4 '53" 135,66' 1VTN 135.10' C46 531,55' 3'19'13" 30.80' 15.41' N '4 0. ' C47 199.41' 173 '10" 6 03' 30. 6' S1V17' "W 6 9' C48 7' 14'22'51" 42.26' 21.24' 02'20'46'W 42.15' C49 1775.0 ' 4'52'3 " 1 75.56' NO3'03' " 1 9' C50 236.25' 8'30'29" 1 57' NOS'43' 0" C 3 .0 ' C61 393.65' 9'34'41' 6 1' 32.98' SO ' '07" 6 .73' C52 485.41' 918'58" 7 3 . 5' S00 3'3 7 4' C53 87,04' 1' 0" 99 20' 4 04'05'32" 99.03' C54 160.42' 29'17'O6" 86.59' 4 5' C55 5278.89' 111 '39" 120.78' 60.39' S40' 3'55"W 1 0.7 ' C56 80247.12' 0'03'38" 84.70' .35' S 5' 7-W 8 .70' C57 12.9V 42'08'00' 9.49' 4,97' S 6'33'20"E C58 -05' 9. ' 14.70' C59 160.4 '4 ' 6'38" 3 ,90' C60 828.62' 4'44' 1' 6' '43" 6 4' 1 4 6. 5' 4 00' S84'4 '58" 7. ' 1062 4 6"W ' C63 1 ' 57'43'46"W 14. 9' �0 TH or CORY M. IIAYNES Uc. No. 2539 8)z�a�o7 l p4 52J12V ?� " BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT REDERICK WIN FCHESTER SERVICE AYTHORITY THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Patton Harris Rust 8 Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street fA4RAT Winchastor, Virginia 22601 540.667.2139 n a' U-1 � MATCH UN� SHEET 5 LJ _ C) 000I PORTION OF (OLD) C50 PROPERTY LINE a I I * I HEREBY VACATED i I Qo v¢ LYw,, u-)0 U �0 U� 60, EASEMENT RESERVATION (NEW) 56-A-18A w 0 3 M \ (SEE NOTE 7) 59.1261 AC of i Z U N �LLJ � I U L� EASEMENT-'I ASEMENT RESERVATION (SEE NOTE 71) \ (OLD) 56-A-19 FREDERICK--- WINCH ESTER �N IU j,., SERVICE AUTHORITY �N M * 0 DB 564, PG 414 01 N ao ��s�' f \ PORTION OF (OLD) i u o PROPERTY LINE zoo �� A") HEREBY VACATED Z Q5 �Q / OQQ���� C'� �.5 Z (NEW) PROPERTY LINES HEREBY CREATED Cie � 8 �9i S \ Cn w (nco R�` \ z o w !y (NEW) PROPERTY w -jzz LINES HEREBY \ �mo J w CREATED \ >- W z O Y N AN za Z *\ k+ s (NEW) 55-A-212B y6'• `rCA• 103.8311 AC (OLD) 55-A-212 THE CANYON, LC INST #040014715 NOTE. SEE CURVE TABLE ON SHEET 3 AND LINE TABLE ON SHEET 5. GRAPHIC SC ( IN FEET ) nch = 100 v CORY M. 1iAYNES � Llc. No. 2539 g�zoJo� * = (NEW) PROPERTY LINES HEREBY CREATED 55 s'12 6I` r CR�6 NAF59 �Qt1014 561 �p EDWARD D. HAGGERTY y1 DO 413, PG 914 �h (CLARKE COUNTY) BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BET11'EEN EREDERICK-WINCHESTER SERVICE ADUTHORITY AN THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: APRIL 27, 2006 a REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Patton Harrla Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. PH 117 East Piccadilly Street Winchester, Virginia 22601 RAT 540.667,2139 F 540,665.0493 %1 4 OF 6 IN .�� 1 T) i Z r� ILIA. 10, O C C' z- \ �MH U (OLD) 56—A-19 FREDERICK— WINCHESTER SERVICE AUTHORITY DB 564, PG 414 G21 (NEW) 56—A-19A 24.0698 AC EASEMENT — RESERVATION (SEE NOTE 7) QPQG'S� P�' V^ cj*�/ G C" Gry� / f C 1 C23 G�Z v ,GSi 0 41 ~_ EASEMENT RESERVATION (SEE NOTE 7) (NEW) 56-A-18A 59.1261 AC /v oz (OLD) 56-A-19 eo I{ / FREDERICK—WINCHESIER o`v ca d SERVICE AUTHORITY DB 564, PG 414 p- 4CD O Q� Mq rCN See SHFer 4 LINE TABLE LINE BEARING LENGTH L1 N36'29'13'E 43,67' L3 NO3'05'48"E 321.83' L4 S03-05-48"W 321.83' L5 S08'48'39'W 58.13' L6 S02'09'23"E 58.67' L7 S12'48'19'W 41.03' L8 N40'02'47'E 38.29' L9 S57'51'21'W 38.29' L10 S64-21-28"W 202.78' 1-11 N64-21.28-E 202.78' L12 S87`12'44-W 64,59' L13 S75'52'35'W 48.43' L14 S26'21'28'W 76.93' L15 N26'21'28"E 64.93' L16 N34-37-30"W 44.09' L17 S51'37'27'E 29.09' L18 S66'08'43"E 41.68' 1-19 N70'74'16"W 15.97' L20 N66'48'1 'W 0.36' L21 N61'39'50"W 50.57' L22 S23'49'52"E 139. 3' NOTE: LINE L2 WAS OMITTED INTENTIONALLY. GRAPHIC SCALE 00 0 50 too ( IN FEET ) I inch — 100 M * = (NEW) PROPERTY LINES HEREBY CREATED C C,1 C) OF �ALTH BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT 13MYE- EN U CORY M. IIAYNTS FREDERICK WIN CHESTER Lie. No, 2539 SERVICE AUTHORITY THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SUR SCALE: 1"- 100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Patton Harris Rust 8 Associates Engineers. Surveyors. Planners. Landscape Architects. NOTE: SEE CURVE East Piccadilly Street TABLE ON SHEET 3. Win -{- Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 5 OF 6 DWO.A -7 oo NOR �/J (OLD) 56--A-19 FREDERICK-WINCHESTER rye SERVICE AUTHORITY DB 564, PG 414 co CC57 LO (NEW) 56-A-19A 24.0698 AC o U c?o c�9 EASEMENT RESERVATION 10 / cd (SEE NOTE 7) c`o.) 0 (HF�J \ „r 6 C63 �,5,6 \ CIS C14 �' (OLD) 56-A-19 FREDERICK-WINCHESTER C3;,-�- SERVICE AUTHORITY C36 DB 564, PG 414 EASEMENT ----,_C35_ ��— RESERVATION (SEE NOTE 7) (OLD) PROPERTY LINES (NEW) 56-A-18A HEREBY VACATED 59.1261 AC s �9 LU Y �- �fr� ro. �w co 56-A-18A N Om ((OLD) cV 1 tno-. POET TY ,nw Q LINE HEREBY VACATED LO r`rjoo 0 ^ of`7 DETAIL SCALE: 1 "=10' GRAPHIC SCAM too 0 60 10D ( IN FEET ) i inch = 100 ft. (OLD) 56—A-18 FREDERICK-WINCHESTER SERVICE AUTHORITY DB 564, PG 414 FLT H OF o� 0 r. rn 00I UI W y Ln w a- _ U I� z I��Y� V) t ::Dw CE J m z � W � (!J CO v Y I f N IC) I i LLJ v oQ PN x-l� J_ Q w r� w w w Gr BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT U CORY M. HAYNES 9 BETWEEN Uc. No. 2539 FREDERICK-WINCHESTER glib SERVICE AUTHORITY t 1767 04 THE CANYON, LC '60rD SU RED BUD MAGISTERIAL DISTRICT * = (NEW) PROPERTY LINES HEREBY CREATED NOTE: SEE CURVE TABLE ON SHEET 3 AND LINE TABLE ON SHEET 5. FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Patton Harris Rust 6 Associates Engineers. Surveyors. Planners. Landscape Architects. 117 7 East Virgi ilia Stroe PPPA+ Winchester, Virginia 2260} , 2260 T 540.667.2139 F 540.665.0493 SICET 6 OF 6 1 N • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 October 27, 2022 The Canyon, LC c/o Patrick Sowers 420 W. Juba] Early Drive, Ste 103 Winchester, VA 22601 RE: REZONING #09-22 The Canyon, LC PINS: 55-A-210, 55-A-212, and 55-A-212A Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on October 26, 2022. The above -referenced application was approved to rezone (minor proffer amendment) +/-174.98 acres from RP (Residential Performance) District with proffers to RP (Residential Performance) District with revised proffers. The properties are located south of Route 7, easi and west of Eddy's Lane and adjacent to the Opequon Wastewater Reclamation facility at the eastern boundary of Frederick County along Opcquon Creck and are identified with Property Identification Numbers 55-A-210, 55-A-212, and 55-A-212A in the Red Bud Magisterial District. The proffer statement originally dated May 29, 2015, and revision dates September 2, 2015, October 20, 2015, November 2015 and October 20, 2022, that was approved as a part of this rezoning application is unique to the above referenced property 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 WI-itten proffer to the Frederick County Clerk 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, Tyler Klein, AICP Senior- Planner MTK/pd Attachments cc: Blaine P. Dunn, Supervisor Red Bud District Kathleen M. Dawson and Charles Markert, Red Bud District Planning Commissioners Debra Bonarti, Real Estate Rod Williams, County Attorney w/Proffer and Resolution D.R. Horton, Inc., 7925 Jones Branch Dr. Ste 6200, Tysons, VA 22102 107 North Kent Strcet, Suite 202 o Winchester, Virginia 22601-5000 DocuSign Envelope ID: 5F384A7B-BF42-4C24-B3F DE09FDC12A92 C To be completed by Platmh;n S Fec Amount Paid $ I 7 Zoning Amendnie iM rnber Anticipated PC 1learing ate tv Date Received q Anticipated 13os IIcaring Date ICE ICI( REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: The Canyon, LC Specific Contact Person if Other than Above Patrick Sowers Address: 420 W. Jubal Early Drive Suite 103 Winchester, VA 22601 Telephone: Name: 540-336-3333 Specific Contact Person if Other than Above: Address: Telephone: Email: PaU'icl<.R.SoNvers tt gmail.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: D.R. Horton, Inc. Specific Contact Person i f Other than Above: Tony Free Address: 7925 Jones Branch Drive, Suite 6200, Tysons, VA 22102 Telephone 301-481-8934 Email: TVFrec a,drhorton.com 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Specific Contact Person at Firm: Address: Telephone: Email: Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf'of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. 12 DocuSign Envelope ID: 5F384A7B-BF42-4C24-B3F&9FDC12A92 • 4. Project Name (if any): Opequon Crossing 5. Property Information: a. Property Identification Number(s): 55-A-210, 55-A-212, 55-A-212A b. Total acreage of the parcel(s): 174.98 c. Total acreage of'parcel(s) to be rezoned (if'other than whole parcel(s) Is being rezoned): d. Current zoning designations) and acreage(s) in each designation: RP (Residential Performance) - 174.98 Acres e. Proposed zoning designation(s) and acrcage(s) in each designation: RP (Residential Performance) - 174.98 Acres f. Magisterial District(s): Red Bud g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): h. Adjoining Properties: Parcel ID Number Use Zoning See attached Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the COmmissioner of the Revenue, Real Estate Division, 107 North Kent Street, W inchestcr, VA 22601. 13 DocuSign Envelope ID: 5F384A7B-BF42-4C24-B3FO09FDC12A92 • 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by Ordinance require any applicant for a zoning amendment t0 make complete dISCIOSLII'C ofthe egUltable ownership Of the real estate t0 be affected IIIClUding, In the case of corporate ownership, the name ofstockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted SLICh all ordinance. For each bLISIl1CSs entity that Is all O\\,IICI' 01' C011tl'aCt I)LIrchaScr of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the anloLIllt or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. The Canyon, LC (David Holliday, sole member D.R. Horton, Inc. Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included \-vith this application: n Location Map 0 Plat Depicting Metes/Bounds 01' Proposed %Oning Impact Analysis Statement Proffer Statement (ifany) ❑ N/A Agency Comments R Fee F1 Copies of Deed(s) to Property(ies) Pq Tax Payment Verification ❑x Digital copies (pdfs) of all submitted items 14 DocuSign Envelope ID: 5F384A7B-BF42-4C24-B3F*9FDC12A92 • 8. Signature(s): I (we), the undersigned, do hereby respectfully slake application and petition the Frederick COLlnty Board Of SLII)CI'VISOI'S to anlCnd the zolllilg ordinance to change the zoning map O1 Frederick County, Virginia. I (wc) authorize Frederick County officials to enter the property for Site inspection purposes. I (WC) understand that the sign issucCI when this application is submitted must be placed at the front property line at least Seven days pl-iol- to the Plalllllllg COIIIIIIISSI011 I)Llbllc hearing and the Board Of Supervisors public hearing and maintained so as to be visible from the Toad right -of' -way lllltll the hearing. I (we) hereby certify that this application and Its accompanying materials are tl'LIC alld accurate to the best of my (our) 1<110wledge. Owner: Owner: II'signink6l behali'ol'an e Date 01 2 z ty, please state name ol'entity and your title: Z Date If signing oil behalf'of an entity, please State name of entity and your title: oeu Signed by: Other Applicant Party (if any):DFru, Date 8/26/2022 I1 Slgning On behalf OI an entity, please state name of eiltit), and your title: D R }-Lorton Inc City Manager Northern Virginia Division If additional signature lines are necessary, SLICIl as If Il101'C thall tbVO persons are owners, please use additional copies of this page. a E. Adjoining Property Owners — Opequon Crossing Owners of property adjoining 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 each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Connnissioner ofthe Revenue is located on the 21111 lour of the Frederick Counly Achninistralive Building, 107 North Ken! S/reel. Name Address Property Identification Number PIN Name: Toll VA IV LP 19775 Belmont Exec Piz, Suite 250 Property#: 55-A-209 Ashburn, VA, 20147 Name: Toll VA IV LP 19775 Belmont Exec Piz, Suite 250 Property#: 55-A-211 Ashburn, VA, 20147 Name: Lisa Riggleman and Mildred Riggleman 7000 Ben Franklin Road Property#: 65-A-195 Springfield, VA 22150 Name: Twin Lakes Overlook Community Association 19775 Belmont Exec Piz, Suite 250 Property#: 55M-2-9-149D Ashburn, VA, 20147 Name: Arcadia Communities LLC 9900 Main St, Suite 500 Property #: 55G-5-3-225A Fairfax, VA 22031 Name: Arcadia Communities LLC 9900 Main St, Suite 500 Property#: 55G-5-4-179A Fairfax, VA 22031 Name: Katherine McHale 1291 Valley Mill Road Property#: 55-A-165C Winchester, VA 22602 Name: Valley Mill Farm LC 8739 C Street Property#: 55-A-165 Chesa eake Beach, MD 20732 Name: Santos E. Villalta 750 Hetzel Ter SE Property#: 55-4-4A Leesburg, VA 20175 Name: Michael McKee 283 Eddys Ln Property#: 55-4-3 Winchester, VA 22602 Name: Investors At, LLC P.O. Box 550 Property#: 55-4-2 Stephens it , VA 22655 Name: Frederick -Winchester Service Authority P.O. Box 43 Property#: 55-4-1 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property#: 56-A-19 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property#: 56-A-18 Winchester, VA 22604 Name: Shenandoah Valley Battlefields Foundation P.O. Box 897 Property#: 56-A-18A New Market, VA 22844 Name: John Bradfield, Trustee 3 Woodcreek Ct Property#: 55-A-174 Durham, NC 27713 Date JJy 25. 2022 0 ORDINANCE Action: PLANNING COMMISSION: October 19, 2022 Recommended Approval BOARD OF SUPERVISORS: October 26, 2022 Adopted ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #09-22 THE CANYON LC WHEREAS, REZONING #09-22 THE CANYON LC, submitted to amend the proffer statement approved with REZ #06-15 (Opequon Crossing). The proposed minor proffer amendment seeks to specify no "Certificate of Occupancy" shall be issued for any dwelling unit without completion of improvements to Route 7 and the proposed collector "spine" road and further clarify the monetary escalation occurs from the original 2015 rezoning; and WHEREAS, the Frederick County Planning Commission held a public meeting on this Rezoning on October 19, 2022 and recommenclecl approval;�ancl WHEREAS, the Frederick County Board of Supervisors held a public meeting on this Rezoning during their regular meeting on October 26, 2022; 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, and welfare. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance with Chapter 165 of the Frederick County Code, Zoning, the Zoning District Map is amended to revise the proffers associated with Rezoning #06-15 Opequon Crossing to specify no "certificate of occupancy" shall be issued for any dwelling unit without completion of improvements to Route 7 and the proposed collector "spine" road.; and The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 26 day of October 2022 by the following recorded vote: Res# 028-22 PDRes.#44-22 • • Charles S. DeHaven, Jr., Chairman Aye J. Douglas McCarthy Absent Josh E. Ludwig Aye Blaine P. Dunn Absent Shawn L. Graber Aye Robert W. Wells Aye Judith McCann -Slaughter Aye A COPY ATTEST Michael L. Bollhoefer Frederick County Ad)# r; rer r•� r r�r�nr yr; 40R._1 I•.il TN iHE [:L'-.RIt ._, Llt`+=TCIE_ Or I'�... T} rIT fit' f+T RIG U 7 '":i'pUCCi-r Lji 1t^r1r'i T 1 • r,, F;�.BE[""CA P • HCII�H�� � CL` FT Res# 028-22 • 0 220013312 PROFFER STATEMENT REZONING: RZ. # 0 9 -12 Residential Performance (RP) to Residential Performance (RP) PROPERTY: 174.98 +/- Tax Map Parcel 55-A-210, 212, & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: May 29, 2015 REVISION DATE(S): September 2, 2015; October 20, 2015; November 20, 2015; October 20, 2022 " &d_ ,D3i 0* The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the "GDP"), and shall include the following: Page 1 of 8 0 • 1. LAND USE 1.1 No more than 574 dwelling units shall be constructed on the property. A minimum of 215 dwelling units constructed on the property shall be single family detached dwellings. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. PARKS AND RECREATION: 2.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 250°i building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-402.08 of the Frederick County Code. The recreation building shall be an enclosed clubhouse with a minimum finished floor area of 3,000 square feet. Additionally, the Applicant shall construct a neighborhood swimming pool or pools with a minimum water surface area of 3,500 square feet. The swimming pool(s) shall be constructed concurrent with construction of the recreation building and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 2.2 The Applicant shall contribute to the County the sum of $1,482 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 2.3 The Applicant shall contribute to the County the sum of $1,020 per single family attached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 2.4 The recreation building and swimming pool(s) provided for by Proffer 2.1 shall be owned and maintained by the homeowners association ("I-IOA") for the Property. 2.5 A trail system utilizing a 10' wide asphalt surface shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at mrnimunn, in the areas depicted on the GDP. The HOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. Page 2 of 8 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County the sum of $446 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 3.2 The Applicant shall contribute to the County the sum of $298 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 4. SCHOOL CONSTRUCTION: 4.1 The Applicant shall contribute to the County the sum of $12,626 per single family detached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $7,696 per single family attached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 5. LIBRARY: 5.1 The Applicant shall contribute to the County the sum of $360 per single family detached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $248 per single family attached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 6. GENERAL GOVERNMENT: 6.1 The Applicant shall contribute to the County the sum of $1,118 per single family detached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 6.2 The Applicant shall contribute to the County the sum of $770 per single family attached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. Page 3 of 8 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building and associated swimming pool(s), excluding any areas that may be dedicated to Frederick County (the "County") or other public entities. For each area subject to their jurisdiction, the I-IOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such HOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stormwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon Crossing Homeowner's Association (OCI-IOA) that will include an initial lump sum payment of $2,500.00 by the Applicant prior to issuance of the first certificate of occupancy for any dwelling constructed on the Property and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing community. Language will be incorporated into the OCHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCI-IOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCI-IOA. The start-up funds for the OCI-IOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or other operating expenses and/or capital expenses of the OCHOA. 8. WATER & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). Page 4 of 8 8.2 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101 st building permit is issued. (See 1 on GDP) 8.3 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. 9. TRANSPORTATION: 9.1 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point B on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37 as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations consistent with existing approved plans for the North -South collector road. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project. The Applicant reserves the right to request for partial funding for the construction of the collector road and VA Route 7 improvements through revenue sharing or other programs as may be available through VDOT and/or Frederick County. 9.2 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7. No certificate of occupancy shall be issued for any dwelling units located on the Property until such time that the following improvements are constructed at VA Route 7 and the "spine" collector road: signalization, Westbound lanes (1 left, 2 thru), Eastbound lanes (I right, 2 thru), Northbound lanes (1 left, 1 right). 9.3 The Applicant shall construct an entrance on the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. As part of these improvements, the Applicant shall remove the existing Route 7 median crossing and the existing Route 7 entrance to the Opequon Regional Wastewater Facility. Page 5 of 8 9.4 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant shall dedicate the right of way, 250 feet in width, for VA Route 37 across the Property, at no cost to the County, within 90 days of request by the County. 9.5 The Applicant shall construct a single east -west road crossing of the right of way for VA Route 37. Said road shall be designed to accommodate the future Route 37 fly -over bridges. 9.6 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussions with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. 9.7 Direct lot access to the "spine" collector road shall be prohibited. 9.8 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT requirements from the north Property boundary to the south Property boundary as depicted on the GDP from Point C to Point D. Said connection shall be made prior to issuance of the 350"' building permit. 9.9 The Applicant shall provide a reserve area that is a maximum of 56 feet in width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparcel connector and use of the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 2 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. Page 6 of 8 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a rinlmrinum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the proposed landscape screen. (See 3 on the GDP) 11. OPTION FOR USE OF TRANSFER OF DEVELOPMENT RIGHT ORDINANCE 11.1 In lieu of the per unit monetary contributions as provided above, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments, shall remain applicable to such dwelling units. 12. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 12.1 Any portion of the Property may hereafter be dedicated for public purposes (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 13 ESCALATOR FOR MONETARY PROFFERS: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of the 2015 Rezoning Application RZ 406-15, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of the 2015 Rezoning Application RZ 406-15 shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after approval of the 2015 Rezoning Application RZ #06-15 to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES) APPEAR ON THE FOLLOWING PAGE(S) Page 7 of 8 • Respectfully submitted, The Canyon, LC :A Tit STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument wa ackn wledge before me this day �� of _. .te4, 2022, by . �.`C - t.Ck t �_. -Ch do My commission expires: Notary Public 0-11v Nancy Tilson Sinback NOTARY PUBLIC Commonwealth of Virginia Reg. *7292148 My Commission Expires 12/31/2022 Page 8 of 8 • Memorandum TO: Tyler Klein FROM: Patrick Sowers DATE: October 25, 2022 SUBJECT: Opequon Crossing — Revised Proffer Statement CC: Please find attached a notarized original of the revised proffer statement, dated October 20, 2022, for Opequon Crossing. This incorporates the changes included with the redlined version e-mailed yesterday. If you have any questions or need additional information, please feel free to contact me at (540) 336-3333. Dave Holliday Construction, Inc. 420 W Jubal Early Drive, Suite 103 • Winchester, VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 September 13, 2022 John Bishop, AICP Assistant Director, Transportation Department of Planning and Development Frederick County 107 North Kent Street Winchester, VA 22601 RE: Opequon Crossing Minor Proffer Amendment Dear Mr. Bishop, Please find attached application materials for a minor proffer amendment for the Opequon Crossing project. On December 9, 2015, the Frederick County Board of Supervisors approved a proffer amendment application for Opequon Crossing as Rezoning #06-15, providing for up to 574 residential units on 174.98 acres comprised of three tax map parcels identified by Frederick County as 55-A-201, 55-A-212, and 55-A-212A (the "Property"). A copy of the approved proffers for Rezoning #06-15 are attached for reference. The Property is located south of Route 7 adjacent to the Opequon Wastewater Reclamation facility at the eastern boundary of Frederick County along Opequon Creek and will be accessed by a new spine road, known as Haggerty Boulevard, which will connect the Property directly to Route 7. The approved proffer statement requires improvements at the new intersection with Route 7. Specifically, Proffer 9.2 requires that those improvements be installed prior to issuance of a building permit for any dwellings constructed on the property, and reads as follows: Approved Proffer Statement, Proffer 9.2: 9.2 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7. No building permits shall be issued for any dwelling units located on the Property until such time that the following improvements are constructed at VA Route 7 and the "spine" collector road: signalization, Westbound lanes (1 left, 2 th_ru), Eastbound lanes (I right, 2 thru), Northbound lanes (1 left, 1 right). This minor proffer amendment proposes to modify the trigger for the Route 7 intersection improvements from building permit to certificate of occupancy for any dwelling units located on the Property. A redlined version of the revised proffer statement, dated July 25, 2022, is attached. This amendment would ensure that all improvements are complete before any dwellings on the Property are occupied, but would provide the potential for the initial home construction phase of the project to be concurrent with the build -out of the Route 7 intersection improvements. The Canyon, LC 420 W. Jubal Early Drive, Suite 103 • Winchester, VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 Opequon Crossing • September 13, 2022 Page 2 Minor Proffer Amendment The proposed, revised Proffer 9.2 reads as follows: Proposed, Revised Proffer 9.2: 9.2 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7_ No 4u444wg-pef ai-tscertificate of occupancL shall be issued for any dwelling units located on the Property until such time that the following inipro,vements are constructed at VA Route 7 and the "spine" collector road: signalization, NVestbound lanes (1 left, 2 tluu), Eastbound lanes (1 right, 2 thru), Northbound lanes (1 left, 1 right). We believe this proposed minor proffer amendment ensures that road improvements are constructed in a timely manner, and, most importantly, prior to when any new dwellings constructed on the Property are occupied. If you have any questions or would like additional information, please feel free to contact me at (540) 667-2120. Sincerely, y 5The Ca on, LC Da ' B. Holliday, anager attachments • • PROFFER STATEMENT REZONING: R7. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 174.98 +/- Tax Map Parcel 55-A-210, 212. & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon. LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: May 29. 2015 REVISION DATE(S): September 2, 2015; October 20. 2015; November 20, 201 % October 20, 2022 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made 01' submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final re-r_oning 01' the Property with "final rezoning" clefined as the rezoning which is Ill effect oil the day following the last day LII)011 wllrCIl the Frederick County Board 0f' County Supervisors (the "Board") decision granting tile rezoning may be contested in the appropriate court. lithe Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the clay following entry of'a flrlal Collrt order affirming the decision of the Board which has not beell appealed, or, if'appealed, the day following which the decision has been aflll'I11ed oil appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control of affect the nica ling or be taken as all interpretation of ally provision of' the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to of II1CIlldillg the improvement of other' proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall rel'er to the plan entitled "Generalized Development Plan. Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the "GDP"). and shall incluCle the following: Page 1 of' 8 I. LAND USE 1.1 No more than 574 ClwClling UllitS Shall be COIIStl'IICICCI on the property. A nlininlunl of 215 dwelling units Constructed on the property shall be single family detached dwellings. Multi-I(llllil)l ClwClling units shall be prohibited. 1.2 The project shall be Const'uctcd in Substantial Conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. PARKS AND RECREATION: 2.1 The Applicant shall design and build a recrcation building in the area designated on the GDP. Said recreation building shall be ConStructed prior t0 ISSUa11CC Of the 250`I' builCing permit alld Shall COUIlt towards and comply with the recreation unit requirement for the Property as specified by Section 165-402.08 of'the Frederick County COCIC. The recreation bUllcllllg Shall be all enclosed ClllbhOLISC with a I11inin1L1111 finishccl floor area of 3,000 square Feet. Additionally, the Applicant Shall COIISII'IICt a neighborhood swimming pool or pools with a nlininlunl water surface area of 3,500 square feet. The swimming pool(s) shall be const'uctCCI Concurrent with construction Of the recreation building and shall be permitted t0 COUllt towards the recreation requirements for the Property as required by the FrcClCrick County Z011lllg Ordinance. Other recreation amenities shall be Curther defllled at time of Master Development Plan. 2.2 The Applicant shall Contribute to the County the sum of $1,482 per single- family detached unit for parks and recreation I)urposes, payable upon the issuance of'a CCI'tf Kate Of OCCUI)ancy for each single family detached lllllt. 2.3 The Applicant Shall contribUIC to the COUllty the SUM Of $ 1,020 per single fallllly lttaCIlCd lllllt f01' I)al'I<S alld I'CCI'Cat1011 I)llrposes, payable Up011 the ISSUance Of a certificate Of OCCUpancy for each single fallllly attached Ulllt. 2.4 The recreation building and swimming pool(s) provided {or by Proffer 2.1 shall be owned and maintained by the homeowners association ("I-IOA") for the Property. 2.5 A trail SySlClll Utilizing a 10' wide asphalt surface shall be incorporated into the design ol' the Property and shall be depicted O11 the Master Development Plan. Said trail system Shall be provided, at I11111111111111, in the areas depicted on the GDP. The I-10A shall be responsible for the ownership and maintenance of the trail system. Public access casements shall be provided for the trail system to allow use Of'tllC trail system t0 the general public. Page 2 of' 8 I 3. FIRE &, RESCUE: 3.1 The Applicant shall contribute to the County the sum of $446 per single family detached Clwelling unit for lire and rescue purposes, payable upon the issuance of'a certificate Of'OCCupancy for cash single family detached unit. 3.2 The Applicant shall contribute to the County the sum of $298 per single fa11111), attached Clwelling unit for fire and rescue pm'poses, payable upon the ISSUance of'a certlhcate Of OCCUINIncy for each SIIIgIe family attached lllllt. 4. SCHOOL CONSTRUCTION: 4.1 The Applicant shall contribute to the County the Slllll Of $ 12,626 per single family detached (Dwelling unit for School purposes, payable upon the ISSLIance OI a cCl'thCate OI OCCUI)MCy IOI' Caell Sill& ffllllily CICtaClled Ulllt. 4.2 The Applicant shall contribute to the County the Slllll of $7,696 per single Family attached dwelling unit for SchOOI purposes, payable upon the issuance of'a certificate Of'OCCupancy Ior cash SIIIgIe Iallllly attached unit. 5. LIBRARY: 5.1 The Applicant shall contribute to the County the suns of $360 per single family detached dwelling unit for library purposes, payable upon the ISSliailCC oI a certificate Of OCCUlMilCy Im- Cach single faI111Iy detached unit. 5.2 The Applicant shall contribute to the County the Sum of $248 per single family attached dwelling unit for library purposes, payable upon the issuance of a cel'tiiIUM of Occupancy for each single f imily attached lllllt. 6. GENERAL GOVERNMENT: 6.1 The Applicant shall contribute to the County the sum of $1,1 18 per single family detached dwelling unit f01' gC11C1'al gOVel'11111e11t purposes, payable upon the issuance Of a Certificate Of occupancy for each single family detaCllCCI unit. 6.2 The Applicant shall contribute to the County the sum of $770 per single Family attached dwelling lllllt f01' gC11C1'al gOVel'11111ent purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. Page 3 of 8 7. CREATION Of- I-IONIEOII/NL:RS' ASSOCIATION: 7.1 The residential development Shall be Made SLIbICCt to all I-IOA that shall be responsible for the ownership, maintenance and repair of all colllllloll areas, incluCling but not limited to the recreation builCling and associated swimming pool(s), excluding any areas that may be dedicated to Frederick County (the "Count)') or other public entities. For cacti area Subject to their jurisdiction. the I-IOA shall be granted Such responsibilities, duties and powers as are CLIstomary for Such associations or as may be required for such I-IOA herein. 7.2 111 additi011 to SLICK Ot11C1' ClUties and responsibilities as Ilia)' be assigned, the I-IOA shall have title to and responsibility for (i) all common opell areas not otherwise dedicated to public use incluCling stormwater management lacilitics. (ii) colllllloll buflcr areas located outside of residential lots; (iii) establishing and managing a colllllloll solid waste disposal program; (iv) responsibility for the perpetual maintenance orany perimeter or road bLlf fCl' areas. all of' which buffer areas shall be located within easements to be granted to the I-IOA if' platted within residential or other lots, or otherwise granted to the I-IOA by appropriate illStrunlent and (v) responsibility for payment for maintenance of streetlights. 7.3 The Applicants hereby proffer to establish a start-up I`Lllld for the Opequoll Crossing Homeowner's Association (OCI-IOA) that will include an initial 1111111) SLIM payment of $2,500.00 by the Applicant prior to issuance of the first certificate 01' occupancy for any dwelling Constructed on the Property and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing COr11111L1111t)'. Language will be incorporated into the OCI-IOA Declaration of Restrictive Covenant DOCLIIIIent alld Deed of Dedication that CIISLII-eS the availability orthese funds to the OCI-IOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCI-IOA. The start-up funds for the OCI-IOA shall be made available for the purpose of' maintenance of' all improvements within the colllllloll open space areas, liability insurance, street light assessments, and property management and/or other operating expenses and/or capital expenses of the OCI-IOA. S. WATER & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and Sewer infrastructure shall be constl•ucted in accordance with the requirements of the I-rederiCk County Sanitation Authority ("the FCSA"). Page 4of8 0 1 0 8.2 The Applicant shall install a water plain to a point OI connection with the FWSA OpegL101I Sewer Plant property line. The \vater malll will be installed and serviceable before the I01 St bLlllCllllg permit is issued. (See I on GDP) 8.3 The Applicant shall provide needed lands and easements oil this site at no cost to the FCSA ill OI'CICI' t0 implement the Scilse ly Road Regional Sewage Pump Station project. 9. TRANSPORTATION: 9.1 The Applicant shall construct a North -South collector road as the "spine" Of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point 13 oil the GDP. The North -South collector road shall generally run along the planned right of way for VA ROLIte 37 as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb Gild gllttel' to be LIUIi7_ed ill SOI11C locations consistent With existing approved plans for the North -South collector road. The collector road shall be constructed front VA Route 7 to the project site prior to issuance Of the first building permit for the project. The Applicant reserves the right to request 1'61- partial funding for the COnst'uction of the collector road and VA Route 7 illlpl'OVCI11ClltS through revenue sharing or other programs as may be available through VDOT and/or Frederick County. 9.2 The Applicant Sllall install those Illlprovel11CI1ts necessary to complete the dross -Over at the intersection of the "spine" collector road and VA Route 7. NO k6kt4i pefHllt-iccrtlfIcate OI OCcLlpallCy Shall be ISSIIed for any dwelling LII11tS located Oil the PI'OI)CI'ty Lliltil SLICII time that the following improvements are C011Stl'IICtCd at VA Route 7 and the "spine" collector road: signalization. WestbOLlnCl lanes (I left, 2 tlll'LI), I?astboulld lanes (I fight, 2 thru), Northbound lanes (I left, I right). 9.3 The Applicant shall construct an entrance on the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be clete'milICCI I)LII'SLlallt to the specifications and approval of VDOT, the County, and the FWSA. As part of these improvements. the Applicant shall remove the existing Route 7 median crossing and the existing ROLIte 7 entrance to the Opequon Regional Wastewater Facility. Page 5 of 8 9.4 The right of' way for VA ROLIte 37 as identified by County Studies and generally shown on the GDP will be surveyed and Illatted. The Applicant shall dedicate the right of way. 250 feet in width. for VA Route 37 across the Property. at nO Cost to the County, within 90 days of' request by the County. 9.5 The Applicant Shall COl1Stl'LICt a Single Cast-1VCst road crossing Of the fight OI way for VA ROLlte 37. Said road shall be designed to accommodate the future Route 37 fly -over bridges. 9.6 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape Casement adjacent to both sides of' the proposed VA Route 37 right of' way as depicted on the GDP. At least 3 trees are to be planted for each 10 linear Iect OI easement and are to be 4 feet in height at time of planting. The mix or trees are to be determined tlll'OLlgll dISCLISS1OlIS with the Virginia Forestry service and VDOT and shall be shown on initial Construction plans. 9.7 Direct lot access to the "spine" collector road shall be prohibited. 9.8 The Applicant shall dedicate sufficient right ol' way and construct Eddys Lane to VDOT regUirements From the north Property bOL111Clal'y to the SOLlth Properly boundary as depicted On the GDP from Point C to Point D. Said connection shall be made prior to issuance of the 350"' building pernlit. 9.9 The Applicant shall provide a reserve area that is a I1laalllu111 of 56 feet in width for a potential future C0I111Cction between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an intcrparcel Col111CCtOl' a11C1 usC of the potential interparcel connection area WOlild be at the discretion Of the owners Of the Fieldstone Development. Within 90 days of receiving written request front Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 2 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a SLII'VCy documenting any hiSlol'IC stl'uctures on the Property in general accordance with the guidelines established by the Preliminary Information Form From the Department Of Historic RCSOLII'CCS. Any C10CLImentatioll created as part of said Survey shall be provided to Frederick County Planning Staff and Shall be completed prior to demolition of any buildings located On the Property. Page 6 of 8 10.2 The Applicant shall provide a landscape screen along the Northern Property bounClary Ill the IOCati011 iClClltiflCCI as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 leet in width utilizing a double row of evergreen trees that are a I111111I1111111 4 feet in height at time Of planting \vlth a milllllllllll 3 trees provided per 10 linear feet. Said improvements Shall be bonded or installed prior to issuancC Of' a Certificate 01' Occupancy for any dwellings within the vicinity ol'the proposed landscape screen. (Sec 3 on the GDP) 11. OPTION FOR USE OP TRANSFER OF DEVELOPMENT RIGHT ORDINANCE 11.1 In lieu 01' the per unit I1101letary contributions as provided above, the Applicant may utilize the FI'CdCI'ICk County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (tile "TDR Ordinance") to provicle for development of any/all of the proposed Clwclling units for the Subject Property. No monetary proffer shall be required for any dwelling unit constructed LltiliZlllg the TDR Ordinance, bUt all remaining prof Bred commitments, shall remain applicable to such ClwClling units. 12. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 12.1 Any portion of' tile Property may hereafter be dedicated for public purposes (or otherwise conveyed to a public entity) and such portion so dedicated Shall, upon such declication, be excluded f'1'0111 the tCI'111S and COIlditiOIIS Of these Prolfers and the remainder OI the Property shall COIIIInLIC t0 be SUbject to the full force and effect of these proffers. 13 ESCALATOR FOR MONETARY PROFFERS: 13.1 In the event the monetary Contributions set forth in the Proffer Statement are paid to the Board within 30 montlis OI the approval Of this rezolling, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezening,the 2015 Rezoning Application RZ 1106-15 shall be adjusted in accordance with the Urban C0I1SLImCI' PI'ICe 111dCX ("CPI-U") published by the United States Department of Labor. SLICII that at the time contribLltioilS are Paid, tile), shall be adlUsted by the perce 1tagc Change ill the CPI-U from that date 24 months after approval of This i-ezen-i+lgthe 2015 Rczonin , Application IZZ 1/06-15 to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non-ConlpounCled. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) Page 7 of 8 0 • Respectfully submitted, The Canyon. I_C By: Title: Manaeer STATE 0I7 VIRGINIA. AT LARGE FREDERICK COUNTY. To -wit: The foregoing instrument was acknowledged be('ore me this day of 2-04-52022. by My commission expires: Notary Public Page 8 01,8 0 • PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 174.98 +/- Tax Map Parcel 55-A-210, 212, & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: May 29, 2015 REVISION DATE(S): September 2, 2015; October 20, 2015; November 20, 2015; Julv 25.2022 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conclitional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon Final rezoning of the Property with "final rezoning" defined as the rezoning which is in effect on the clay following the last clay upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not t0 submit development plans Until such contest IS resolved, the term rezoning shall include the day following entry of a final COUrt order affirming the decision Of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for Convenience or reference only and shall not control Or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to 01' including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall inClUde Within its meaning all fUtU1'e Owners and SLICCCSSOI'S In interest. When Used In these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the "GDP"), and shall inclucle the following: Page I of 8 • L' 1. LAND USE 1.1 No more than 574 dwelling Units Shall be conStrUCICd on the property. A minimum of 215 dwelling units constructed on the property shall be single family detached dwellings. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in SUbstantlal conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. PARKS AND RECREATION: 2.1 The Applicant shall design and build a recreation building in the area designated oil the GDP. Said recreation building Shall be constructed prior to issuance of the 250"' building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-402.08 of the Prederick County Code. The recreation building shall be all enclosed clubllollse with a 1111111mum Finished floor area of 3,000 square feet. Additionally, the Applicant shall construct a neighborhood swimming pool or pools Nvith a minimum water Surface area of' 3,500 square feet. Tile swimming pool(s) shall be constructed concurrent with construction of the recreation building and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 2.2 The Applicant shall contribute to the County the sum of $1,482 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 2.3 The Applicant shall contribute to the County the suns of $1,020 per single family attached Unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 2.4 The recreation building and swimming pool(s) provided for by Proffer 2.1 shall be owned and maintained by the homeowners association ("I-IOA") for the Property. 2.5 A trail system utilizing a 10' wide asphalt surface shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail System shall be provided, at illlnlllll1111, in the areas depicted on the GDP. The I-IOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. Page 2 of 8 3. FIRB & RESCUE: 3.1 The Applicant shall contribute to the COUllty the SLIM of' $446 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance ol'a certificate of occupancy for each single family detached unit. 3.2 The Applicant shall contribute to the County the sum of $298 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate Of'occupancy for each single family attached unit. 4. SCHOOL CONSTRUCTION: 4.1 Tile Applicant Shall colltrlbUtC to the County the sum of $12,626 per single family detached dwelling unit for School purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 4.2 Tile Applicant shall contribute to the County the Sum of $7,696 per single family attached dwelling unit for SchoOI purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 5. LIBRARY: 5.1 'File Applicant shall contribute to the COLinty the sum of' $360 per single family detached dwelling unit Ior library purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 5.2 The Applicant shall contribute to the County the Su111 of $248 per single family attached dwelling unit for library purposes, payable upon the issuance of a certificate Of occupancy Ior each single family attached unit. 6. GENERAL GOVERNMENT: 6.1 The Applicant shall contribute to the COLI11ty tile SLIM of $1 ,1 18 per single family detached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 6.2 The Applicant shall contribute to the COL111ty the SLIM of $770 per single family attached dwelling unit for general governlllellt purposes, payable Up011 the issuance of a certificate Of OCCUpancy for each single family attached unit. Page 3 of 8 7. CREATION OF I-IOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made Subject to an I-IOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building and associated SWilllllllilg pooi(S), excluding any areas that may be dedicated to Frederick County (the "County") Or Other public entities. For each area subject to their jurisdiction, the I-IOA shall be granted such responsibilities, duties and powers as are CUSt011lary for SUCK associations Or as may be required for Such HOA herein. 7.2 In addition to SUCIl other duties and responsibilities as may be assigned, the I-IOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including Storinwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common Solid Waste disposal program; (iv) responsibility for the Perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the I-IOA if platted within residential or other lots, or otherwise granted to the I-IOA by appropriate illStrUment and (v) reSPonSibillty for payment for maintenance of streetlights. 7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon Crossing Homeowner's Association (OCHOA) that will inclucle an initial lump sum payment of $2,500.00 by the Applicant prior to issuance Of the first certificate of occupancy for any dwelling Constructed on the Property and an additional payment of' $100.00 by the homeowners at the initial closing for each platted lot purchased Within the Opequon Crossing conlnlunity. Language will be incorporated into the OCI-IOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCI-IOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCI-IOA. Tile start-up funds for the OCI-IOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or other operating expenses and/or capital expenses of the OCHOA. 8. WATER & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of' the Frederick County Sanitation Authority ("the FCSA"). Page 4 of' 8 8.2 The Applicant shall install a water main to a point of' connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101 st building permit is issued. (See 1 on GDP) 8.3 The Applicant shall provide needed lands and casements on this site at no cost to the FCSA In order to implement the Senseny Road Regional Sewage PUMP Station project. 9. TRANSPORTATION: 9.1 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP. Said collector road shall be located within both a 60 Foot right of way and an 80 foot right of way as generally shown between Point A and Point B on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37 as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations consistent with existing approved plans for the North -South collector road. The collector road shall be constructed front VA Route 7 to the project site prior to issuance of the first building permit for the project. The Applicant reserves the right to request for partial funding for the construction of the collector road and VA Route 7 improvements through revenue sharing or other programs as may be available through VDOT and/or 1'rcdcrlck County. 9.2 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7. No bttwi-J4i-rig-per' i4scertilicate of occupancy shall be issued for any dwelling units located on the Property until such time that the following improvements are constructed at VA Route 7 and the "spine" collector road: slgnallzatlon, Westbound lanes (I left, 2 thru), Eastbound lanes (1 right, 2 thru), Northbound lanes (1 left, 1 right). 9.3 The Applicant shall construct an entrance on the "spine" collector road for the Opequon Regional Wastewater Facility. The Final location and design of said entrance shall be determined pursuant to the specifications and approval of' VDOT, tile County, and the FWSA. As part of these improvements, the Applicant shall remove the existing Route 7 median crossing and the existing Route 7 entrance to the Opequon Regional Wastewater Facility. Page 5 of 8 9.4 The right of way for VA Route 37 as identificcl by County studies and generally shown on the GDP will be surveyed and platted. "file Applicant shall dedicate the right of way, 250 feet in width, Ior VA Route 37 across the Property, at no cost to the County, within 90 days of request by the County. 9.5 The Applicant shall construct a single cast -west road crossing of the right of way for VA Route 37. Said road shall be designed to accommodate the future Route 37 fly -over bridges. 9.6 The Applicant shall Construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussions with the Virginia Forestry service and VDO'r and shall be Shown Oil initial ConStrLICtiOn planS. 9.7 Direct lot access to the "spine" collector road shall be prohibited. 9.8 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT requirements from the north Property boundary to the south Property bOLlnclary as depicted on the GDP from Point C to Point D. Said connection shall be made prior to issuance of the 350t11 building permit. 9.9 The Applicant Shall provide a reserve area that is a maximum of 56 feet in width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparecl connector and use of the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 2 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of' said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of an), buildings located on the Property. Page 6 of 8 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a ►711mn1Um 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the proposed landscape screen. (See 3 on the GDP) 11. OPTION FOR USE OF TRANSFER OF DEVELOPMENT RIGHT ORDINANCE 11.1 In lieu of the per unit monetary contributions as provided above, the Applicant may UtiliZC the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (tile "'fDR Ordinance") to provide for development of any/all of the proposed dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments, shall remain applicable to such dwelling units. 12. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 12.1 Any portion of the Property may hereafter be dedicated for public purposes (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 13 ESCALATOR FOR MONETARY PROFFERS: 13.1 In the event the monetary contributions set forth in the Profiler Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap oI 6% per year, non -compounded. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) Page 7of8 • • Respectfully submitted, The Canyon, LC By• Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: of The foregoing instrument was acknowledged before me this , 20152022, by My commission expires: Notary Public day Page 8 of 8 PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 174.98 +/- Tax Map Parcel 55-A-210, 212, & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: May 29, 2015 REVISION DATE(S): September 2, 2015; October 20, 2015; November 20, 2015 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the "GDP"), and shall include the following: Pagel of 8 • • 1. LAND USE 1.1 No more than 574 dwelling units shall be constructed on the property. A minimum of 215 dwelling units constructed on the property shall be single family detached dwellings. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. PARKS AND RECREATION: 2.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 2501h building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-402.08 of the Frederick County Code. The recreation building shall be an enclosed clubhouse with a minimum finished floor area of 3,000 square feet. Additionally, the Applicant shall construct a neighborhood swimming pool or pools with a minimum water surface area of 3,500 square feet. The swimming pool(s) shall be constructed concurrent with construction of the recreation building and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 2.2 The Applicant shall contribute to the County the stun of $1,482 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 2.3 The Applicant shall contribute to the County the sum of $1,020 per single family attached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 2.4 The recreation building and swimming pool(s) provided for by Proffer 2.1 shall be owned and maintained by the homeowners association ("HOA") for the Property. 2.5 A trail system utilizing a 10' wide asphalt surface shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, in the areas depicted on .the GDP. The HOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. Page 2 of 8 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County the sum of $446 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 3.2 The Applicant shall contribute to the County the sum of $298 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 4. SCHOOL CONSTRUCTION: 4.1 The Applicant shall contribute to the County the sum of $12,626 per single family detached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $7,696 per single family attached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 5. LIBRARY: 5.1 The Applicant shall contribute to the County the sum of $360 per single family detached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $248 per single family attached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 6. GENERAL GOVERNMENT: 6.1 The Applicant shall contribute to the County the sum of $1,118 per single family detached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 6.2 The Applicant shall contribute to the County the sum of $770 per single family attached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. Page 3 of 8 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building and associated swimming pool(s), excluding any areas that may be dedicated to Frederick County (the "County") or other public entities. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such I-IOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stormwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon Crossing Homeowner's Association (OCHOA) that will include an initial lump stun payment of $2,500.00 by the Applicant prior to issuance of the first certificate of occupancy for any dwelling constructed on the Property and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing community. Language will be incorporated into the OCHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCHOA. The start-up funds for the OCHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or other operating expenses and/or capital expenses of the OCHOA. 8. WATER & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). Page 4 of 8 8.2 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101 st building permit is issued. (See 1 on GDP) 8.3 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. 9. TRANSPORTATION: 9.1 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point B on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37 as shown on the GDP. Said North -South collector road shall be constricted as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations consistent with existing approved plans for the North -South collector road. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project. The Applicant reserves the right to request for partial funding for the construction of the collector road and VA Route 7 improvements through revenue sharing or other programs as may be available through VDOT and/or Frederick County. 9.2 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7. No building permits shall be issued for any dwelling units located on the Property until such time that the following improvements are constructed at VA Route 7 and the "spine" collector road: signalization, Westbound lanes (1 left, 2 thru), Eastbound lanes (1 right, 2 thru), Northbound lanes (1 left, 1 right). 9.3 The Applicant shall construct an entrance on the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. As part of these improvements, the Applicant shall remove the existing Route 7 median crossing and the existing Route 7 entrance to the Opequon Regional Wastewater Facility. Page 5 of 8 9.4 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant shall dedicate the right of way, 250 feet in width, for VA Route 37 across the Property, at no cost to the County, within 90 days of request by the County. 9.5 The Applicant shall construct a single east -west road crossing of the right of way for VA Route 37. Said road shall be designed to accommodate the future Route 37 fly -over bridges. 9.6 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussions with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. 9.7 Direct lot access to the "spine" collector road shall be prohibited. 9.8 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT requirements from the north Property boundary to the south Property boundary as depicted on the GDP from Point C to Point D. Said connection shall be made prior to issuance of the 350°i building permit. 9.9 The Applicant shall provide a reserve area that is a maximum of 56 feet in width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an intcrparcel connector and use of the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 2 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. Page 6of8 0 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the proposed landscape screen. (See 3 on the GDP) 11. OPTION FOR USE OF TRANSFER OF DEVELOPMENT RIGHT ORDINANCE 11.1 In lieu of the per unit monetary contributions as provided above, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed dwelling units for the subject Property. No monetary proffer- shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments, shall remain applicable to such dwelling units. 12. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 12.1 Any portion of the Property may hereafter be dedicated for public purposes (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 13 ESCALATOR FOR MONETARY PROFFERS: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after approval of this rezoning to the most recently available CPI-U to the date' the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES) APPEAR ON TIIE FOLLOWING PAGE(S) Page 7 of 8 • • Respectfully submitted, The Canyon, LC Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: ' l The foregoing instrui ent was acknowled ed before me this, A"day of ��V���� , 2015, by GL4I,J P21 My commission expires: Notary Public Page 8 of 8 BLUE RIDGE MH VALLEY \ MILL C vON Coll, DOUBLE -ROW OF EVERGREEN TREES cc HIKER/ BIKER TRAIL PROPOSED / i REC CENTER CONNECTION WITH TWIN LAKES PROPERTY TWIN LAKES PROPOSED ENTRANCE ROAD FOR WWTP FWSA PROPOSED OPEQUON 7-33DYS LANE SPINE' ROAD WWTP 'ONNECTION IK94XM* 02 PAINNW .......... ........... . .......... IK OPEN SPACE TRAIL - LANDSCAPE SCREEN ........... ............ . . ................ C7/ PENNONI ASSOCIATES INC. GENERALIZED DEVELOPMENT PLAN 117 E Picadill St Winchester, Virginia 22601 VOICE (540) 667-2139 FAX: (540) 665-0493 O p e q u o n Crossing DATE 5/29/15 FREV, 8/19/15 SCALE: 1 700' 040019715 • Prepared By. Welsh, Colucci, Luhcicy, Emrich & Tcrpak, P.0 4310 Princc William Parkway, Sunc 300 PH= William. Va.21*91 Granlce'srlddrcss' PO Box 3276, Winchester, VA 22604 Consrdcretion. S1,400,000.00 n Tax Map No, SPECIAL WARRANTY DEED THIS DEED is made this A7*"" day of Tv� , 2004, by and between Edward D. Haggerty and John S. Haggerty, as Trustee of the John S. Haggerty Revocable Trust and in his individual capacity, hereinafter, GRANTORS; and The Canyon, LC, a Virginia limited liability company, hereinafter, GRANTEE; WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the said Grantors do hereby grant, bargain, sell and convey, with Special Warranty of Title, unto the Grantee as all that certain lot or parcel of land situate, lying and being in Frederick County, Virginia, and more particularly described as follows: See Exhibit "A" AND BEING part of the property conveyed to John J. Haggerty and Alice S. Haggerty, Ns wife, as tenants by the entirety, by Deed from Leonard C. Ellis and Esther P. Ellis, his wife, dated November 23, 1966, recorded February 26, 1968, in Deed Book 328, at page 16; John S. Haggerty died as evidenced by recital in Deed recorded in Deed Book 448, at page 131, leaving Alice S. Haggerty as the surviving tenant; Alice S. Haggerty conveyed an undivided one -forth (1/4) interest to John S. Haggerty and an undivided one -forth (1/4) interest to Edward D. Haggerty by Deed dated August 15, 1975, recorded August 18, 1975 in Deed Book 448, at page 131; Alice S. Haggerty died testate on January 5, 1993 and devised her interest in the subject property to John S, Iaggerty and Edward D, Haggerty by her Last Will and Testament recorded in Will Book 1:05, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Ilaggerly, o c-n _._, CO • 0 0 Trustee of die John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCELS 1 AND 2) AND BEING the a portion of same property conveyed to Alice S. Haggerty, widow, as to a one-half (1/2) undivided interest, Edward D. Haggerty, as to a one -forth (1/4) undivided interest and John S. Haggerty, as to a one -forth (1/4) undivided interest; Alice S. Haggerty died testate on January 5, 1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCEL 3) AND BEING the same property conveyed to Alice S. Haggerty, John H. Ilaggerty and Edward D. Haggerty, as tenants in common, each as to a one-third (1/3) undivided interest, by Deed dated October 3, 1979, recorded October 3, 1979 in Deed Book 514, at page 601; Alice S. Haggerty died testate on January 5,1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCEL 4) Grantors do hereby reserve unto themselves and their successors in interest an ingress/egress easement across the said property hereby conveyed ("Property") serving all of that remaining property in Clarke County, ownership of which is being retained by the Grantors. Such easement shall be an easement in gross across the Property until such time as a specific access is provided by the Grantee, as set forth herein, below. Such easement shall be sufficient to allow for vehicular access to the property in Clarke County retained by Grantors froth any • o C.n Co public street serving the Property, provided, however, that the inability of the Grantors to obtain o permission to cross Opequon Creek shall in no way affect the conveyance made herein. In the event that Grantee develops the Property, Grantee shall provide public access easement over the Property from the property retained by Grantor in Clarke County, Virginia, to the street network, as the network may be approved by the appropriate governmental authority, and then over said streets to a public street or road serving the Property. If possible, such access shall not be located within any floodplain associated with Opequon Creek or within any wetland that may be subject to state or federal regulation. The exact location of such connection shall be mutually agreeable to both Grantors and Grantee, or their successors in title, and neither party's consent thereto will be unreasonably withheld, conditioned or delayed. In no event shall Grantee be required to construct any crossing of Opequon Creek or any public improvements on the Property in Clarke County retained by the Grantors. The Grantors shall bear the cost of constructing any access road over the easement hereby granted up to the point where it joins the street network of the Grantee mentioned herein. The reservations set forth above shall be. construed as covenants running with the land, and shall continue in force and effect until access satisfying the conditions set forth above have been fully and completely satisfied. Upon full and complete satisfaction of the conditions set forth herein, Grantor or its successors in title shall execute such documents as are necessary to evidence the satisfaction of the covenants set forth herein. The above -described Property is conveyed subject to all rights of ways, easements and restrictions of record that legally affect the title to said Property. The Grantors covenant that it has the right to convey the property described herein and that the Grantors will execute such further assurances of the said land as may be requisite. 3 • • o Cn co Witness the following signatures and seals: Edward aDlia"L49WY P�QF Commonwealth of "if-gtema N^+S5Kh�u S County/C4tr of /l1 i dr I?sFx , to -wit: The foregoing Deed was acknowledged before me in my aforesaid jurisdiction by Haggerty, Grantor, this ; 7 ""day of TO" 2004. My Commission expires: It 7 /61& John S. Haggerty, as Trustee of the John S. Haggerty Revocable Trust and in his individual capacity Commonwealthof-Vtrginia $5Aek.sr;Y5 County/Erty of h, d611 PSPx , to -wit: The foregoing Deed was acknowledged before me in my aforesaid jurisdiction by John S. Haggerty as Trustee of the Jolm S. Haggerty Revocable Trust and in his individu Grantor, this ;t 7Nay of Tory , 2004. My Commission expires: 117 dk . NotaryPublic —'S� CD v� EXHIBIT "A" N PARCEL 1: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, containing 111.505 acres, more or less, lying and being situate in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia and being more particularly described on that certain plat and survey made by Thomas A. Shockey, L.S., dated October 20, 1978 and recorded in the Office of the Circuit Court of Frederick County, Virginia, in Deed Book 505 at Page 280. LESS AND EXCEPT that 5.000 acres, more or less as shown on plat attached to confirmation of plat and survey recorded in Deed Book 754, at page 1101, among the land records of Frederick County, Virginia. PARCEL 2: All that certain tract or parcel of land, together with the improvements thereon and appiu-tenance thereunto belonging, containing 5.000 acres, more or less as shown on plat attached to Confirmation of Plat and Survey recorded in Deed Book 754, at page 1101, among the land records of Frederick County, Virginia. PARCEL 3: All of that certain lot of parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, containing 1,813 square feet, more or less, lying and being situate in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia, and more particularly described as Parcel "B" on that certain plat of survey drawn by Thomas A. Shockey, C.L.C., dated January 11, 1979, and recorded in the Office of the Clerk of that Circuit Court of Frederick County, Virginia, in Deed Book 506 at page 376. PARCEL 4: All of that certain lot or parcel of land, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereunto belonging, lying and being situate on the eastern side of Route 820 in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia containing 1,974 square feet, as shown on the plat and survey of Thomas A. Shockey, C.L.S., dated October 1, 1979, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 514, at page 601, VIRUINIA: MEI)ERICK COUNTY, s(T. This instrument ul «Tiling wuc pruJux-d II, the utt JA471.1796',002\Special Warranty Dccd.duc /� ^ I P D 1/ and with c'erli[w.ii, ,d .,,•t,nrn�l:Jn;cua tit Ill. wars aadtniurd ", recol 1. -1 nnh, .. J m .ir . S'+. I -M2 � f SI Y0000,nnd 58.1-807 have bean paid, it assessable u4Gz.e / U , Clcrk OGOOO61I40 • CD CY, THIS DEED, made and dated as of the day of March, 2006, by and between GOLDIE'S LC, a Virginia limited liability company, party of the first part, hereinafter referred to as Grantor, and THE CANYON, LC, a Virginia limited liability company, party of the second part, hereinafter referred to as Grantee. i WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid the Grantor i by the Grantee on or before the delivery of this Deed, the receipt and M sufficiency of all of which are hereby acknowledged, the Grantor does o y y g hereby grant and convey with Special Warranty of Title unto the Grantee, in fee simple, the following described real estate, together O with all rights of way, privileges and appurtenances thereto belonging 1 9 and subject to all easements and legally enforceable restrictions of record affecting such realty: r� All of that certain tract or parcel of land, containing 71- i 1/2 acres, more or less, together with all improvements and y appurtenances thereto belonging, lying and being situate about five miles East of Winchester, in Red Bud District, I' (formerly Shawnee District), Frederick County, Virginia, and i more particularly set forth on the attached Schedule A. i o� This is the same property conveyed to the Grantor herein by Deed dated May 23, 2000 and recorded in the Clerk's Office ); of the Circuit Court of Frederick County, Virginia in Deed Book 966, at Page 1166. 01 A �1I TAX MAP NO.: 55-A-210 I I WITNESS the following signature and seal: GOLDIES, LC, Ca Vginia 1' ited liability company BY _ (SEAL) Manager LARY E. ADAMS, STATE OF VIRGINIA, At -Large CITY OF WINCHESTER, To -wit: The foregoing document 'was acknowledged before me in the jurisdiction aforesaid this _ day of ZLZ/) , 2006, by LARY E. ADAMS, Manager of GOLDIES, LC, a Virginia limited liability company, on behalf of such company. My Comm,,$Aign expires , A"'/_" j- Mowm, �E, NOTARY PUBLIC .TTOP"EY9 AT uw cold-ADeed. rfQ Dv2e/0f ATMI DIDS'.. i, �'+' - •• �-'• '. RETURN TO: E"ev nc, vinoi"u • •'�j�` .: •�' COMMONWEALTH LAND TITLE "c""TER,. .•. ,\1`�: 10513 JUUICIAI. DRIVE FAIRFAX, VA. 22030 i SCHEDULE A 0 O Description of Q Goldie Tract -4::- Property of Goldies, LC Deed Book 966 Page 1166 (Instr. No. 000005388) Red Bud District Frederick County, Virginia Being all of the property acquired by Goldies, LC, as recorded in Deed Book 966 Page 1166 (Instrument Number 000005388) among the Land Records of the Clerk of the Circuit Court of Frederick County, Virginia and being more particularly described as follows Beginning at a point marking the centerline of Eddy's Lane, State Route 820 (40' right- of-way) and said point intersecting with the property of The Canyon, LC (Inst. No. 040014715); thence running with said property of The Canyon L.C. the following five (5) course and distances 1.) South 40'15'33" East, 13.09 feet to apoint; thence 2.) South 29°20'58" East, 90.15 feet to a stone found (held); thence 3.) South 14"12'27" West, 725.08 feet to a stone found (held);; thence 4.) North 77'19'47" West, 251.34 feet to a point; thence 5.) South 27°54'43" West, 800.25 feet to a point, said point lying on the northerly property line of Toll VA IV, LP (Inst. No. 040015217); thence departing the property of The Canyon LC and running with said property line of Toll VA IV, LP and running with said northerly line of Toll VA IV, LP the following course and distance 6.) North 71 °18'28" West, 2034.94 feet to an iron rod found (held) [passing an iron post found at 28.79 feet (held for line)], said point being on the easterly property line of Eastern Frederick Development Co. (DB.652 Pg 478); thence departing the property of Toll VA IV, LP and running with said property line of Eastern Frederick Development Co. the following course and distance 7.) North 19°26'03" East, 1067.74 feet to a stone found (held)„ said point being on the southerly property line of Matthew C. and Katherine M. McHale (DB. 959, Pg. 1851); thence departing the property of Eastern Frederick Development Co. and running with said line of the McHale Property the following course and distance o C__) -c— M 8.) South 89°29'53" East, 8.73 feet to an iron rod found (held), said point being the southwesterly most corner of the property of Valley Mill Farm L. CL (Inst. No. 010001362); thence departing the property of Matthew C. and Katherine M. McHale and continuing with said property of Valley Mill Farm L. CL the following two (2) courses and distances 9.) South 86°21'07" East, 436.83 feet to an iron rod found (held); thence 10.) South 86°42'52" East, 1315.28 feet to an iron rod found (held), said point being the southwesterly most corner of the property of Alicia F. Grey (DB 858, Pg. 693); thence departing the property of Valley Mill Farm L, CL and continuing with said property line of Alicia F. Grey the following two (2) courses and distances 11.) South 86°34'29" East, 356.02 feet to a point; thence 12.) South 65°58'54" East, 223.68 feet to the point of beginning, containing 3,055,552 square feet or 70.14581 acres of land. VIRUINIA: FREDERICKCOUNlY. SCT. Ibis instrument of writing was produced to me on -J1-0b at /DQ '--i -/� god with certificntc of ❑,1 nowledgentent thereto annexed %vas admitted to rewrd, T imposed by Sec. 58.1-802 of i 1, 000.vv, lnd 58.1-801 Ijave bCen paid, it asses3able 4�Gt,C X 1At' , Clerk 0 w J= N F6 VICINITY MAP SCALE: 1" = 2,000' APPROVED BY: � FREDERICK COUNTY SUBDIVISION ADM IN[ STRATORIT� .-;f DATE �� 0 S `^6'' OWNER'S CONSENT: (AS TO PIN 55—A-212) THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT ON AND THROUGH THE PROPERTY OF THE CANYON, LC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDA �EV4�TH SIRES F THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. _ ,100 D TE PRINTED NAME & TITLE NOTARY 1FUBL1C I l cX'I STATE OF 1' �a n la CITY/COUNTY OF r6f;5 -- lE FO�EGOINNG S� UYENT W115 ACKNOWLEDGED BEFORE ME ON DAB Oe _�iQfciJ �?` II II F'1 ) � l a � • �. MY COMMISSION EXPIRES c0.31-11 110,�,T,,.•` (NOT BL' ) J t� 3I0,,' (DATE "."." OWNER'S CONSENT: (AS TO PINS 55-4-1, 56—A-18 & 56—A-19) THE ABOVE AND FOREGOING RESERVATION OF EASEMENT AND BOUNDARY LINE ADJUSTMENT ON AND THROUGH THE PROPERTIES OF FREDERICK—WINCHESTER SERVICE AUTHORITY, 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. Illllllllk 1 O ^� _ G� DATE— ' ` A' PRINTED NAME & TITLE �'1P�Y PL•.'.o NOTARY PI BLIC " STATE -AOF jib 63 i0. Ey>s�rfseuaLT orL, :�i�rtry lS� THE F O0 INSTRD BY ALTH C,,.`o (DATE) h c BOUNDARY LINE ADJUSTMENT (NOTARY PUBLIC) AND EASEMENT PLAT MY COMMISSION EXPIRES cI- 60-db I r) (DATE) NLT H pp pry U CORY M. HAYNES UC. No. 2539 �07 BETWEEN FREDERICK—WINCHESTER SERVICE ADUTHORITY AN THE CANYON. LC RED BUD MAGISTERIAL DISTRICT FRED RICK COUNTY, VIRGINIA SCALE: NIA DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Patton Harrls Rust & A s s a c I a t a s Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 1 OF 6 PHR+A 9007 (NEW) 56—A-19A FREDERICK— WIN CHESTER SERVICE AUTHORITY 55—A-16J-1 NOTES: -I6z B Tq TE ERR Y�R E p � kF 1. FREDERICK COUNTY PINS: 55—A-212, 55-4-1, 56—A-18 & 56—A-19; ZONED: RA (FViSA) & RP (THE CANYON, LC). 2. THE PURPOSE OF THIS PLAT IS TO ADJUST THE BOUNDARY LINES IN SUCH A WAY AS TO CONVEY 2.7689 ACRES TO THE CANYON, LC FOR PURPOSES OF FUTURE DEDICATION OF RIGHT—OF—WAY FOR IIAGGERTY BLVD. AND 5.5378 ACRES TO FREDERICK—WINCHESTER SERVICE AUTHORITY IN EXCHANGE. 3. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. h. BASIS OF MERIDIAN SHOWN HEREIN IS A FIELD RUN CPS SURVEY WHICH TIES THIS PROJECT TO NAD 83, VIRGINIA STATE PLANE (NORTH ZONE) DATUM. 5. PERMANENT MONU1dENTATION WILL BE SET AT ALL PROPERTY CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. 6. ADJOINING PROPERTY INFORMATION SHOWN HEREIN (SEE SHEET 3) IS DERIVED FROM INFORMATION OBTAINED FROM THE FREDERICK COUNTY MAPPING SERVICE (INTERNET WEBSITE gls.co.frederlck.va.us) AUGUST, 2007. 7. VARIABLE WIDTH SLOPE &DRAINAGE EASEMENT IS HEREBY RESERVED FOR DEDICATION TO VDOT AT SUCH TIME AS RIGHT OF WAY FOR PUBLIC STREET PURPOSES IS DEDICATED FOR HAGGERTY BLVD. SURVEYOR'S CERTIFICATION: I, GORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS DEDICATION AND ADJUSTMENT ARE THE SAME PROPERTIES CONVEYED TO THE CANYON, LC BY DEED RECORDED AS INSTRUMENT R040014715 (55—A-212] AND TO FREDERICK —WiNCHES7ER SERVICE AUTHORITY BY DEEDS RECORDED AS DEED BOOK 600, PAGE 691 [55-4-1] AND DEED BOOK 564, PAGE 414 [56—A-18 & 56—A-191; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. C.! w w 56—A— (NEW) SERVICE AUTHORITY Uj z 0 r-4 n F Co w � O�z a 6—I-1 z a z "(OLD) PROPERTY s -r--� LINES HEREBY VACATED 8A REDERICK—WINCHESTE• R ;,5pUaY 6=I-4 AREA TABULATION: TOTAL AREA OF (PROPOSED) ROW = 120,614 SF/2.7689 AC (SEE NOTE A) TOTAL AREA OF BLA 241,228 SF/5.5378 AC (SEE NOTE B) NOTE A: AREA OF LAND MAKING UP THE RIGHT—OF—WAY WHICH IS CONTAINED WITHIN PIN 55-4-1, 56—A-18 AND 56—A-19, PROPERTY OF THE FREDERICK—YlINCHESTER SERVICE AUT410RITY, TOTALING 2,7689 ACRES, IS TO BE CONVEYED TO THE CANYON, LC AND TO BE ADDED TO PIN 55— A— 212. NOTE B: AREA OF LAND WHICH IS CONTAINED WITHIN PIN 55—A-212, PROPERTY OF THE CANYON, LC AND TOTALING 5.5378 ACRES, IS TO BE CONVEYED TO THE FREDERICK—WINCHESTER SERVICE AUTHORITY AND ADDED TO PIN 56—A-19. FOR GI5 PURPOSES: OLD} PIN 55-4-1 s 7,82 AC NEW) PIN 55-4-1A = 7.3930 AC OLD) PIN 55—A-212 = 106.4811 AC• NEW) PIN 55—A-212B = 103.8311 AC' • OLD) PIN 56—A-18 m 23.48 AC NEW) PIN 56—A-18A = 59.1261 AC OLD) PIN 56—A-19 - 56.52 AC NEW) PIN 56—A-19A = 24.0698 AC UNLESS OTHERWISE NOTED THUS ', ALL OLD AREAS ARE BASED ON RECORD INFORMATION HEREIN REFERENCED, NOT A FIELD RUN SURVEY. *BASED ON A CURRENT FIELD RUN SURVEY, T H GORY M. HAYNES �D' Lic. No. 2539 Sf zo�v7 lq o4' BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK—WINCHESTER SERVICE AUTHORITY THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, gqVI��RGILLNIA 22 gg SCALE: 1°=1000' DAzE:AUGUST24; 2�56 REVISCu REVISED: AUGUST 20, 2007 Patton Harris Rust & Associates Engineers. Surveyors, Planners. Landscape Architects PH'k-A 117 East Piccadilly Strout Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SfiEET 2 OF 6 g 5 m to i 0 i i n r ADJOINERS: 55-A-162 & 163 N/F BAYLIS INVESTMENTS, LLC DB 806, PG 136 ZONED: RA USE: RESIDENTIAL 55-A-164 N/F GLADDIE R. CARTER DBB 445, PG 833 ZONED: RA USE: RESIDENTIAL 55-A-209 N F TOLL VA IV, LP INST 040015217 ZONED: RP USE: OPEN SPACE 55-A-210 N/F THE CANYON, LC INST 060006113 ZONED: RA USE: VACANT 55-A-211 N/F TOLL VA IV, LP INST #040015217 ZONED: RA USE: RESIDENTIAL 55-A-212A N/F THE CANYON, LC INST #040014715 ZCNED: RP USE: VACANT 55-3-B, C & D N F LUWANNA S. CARTER INST #020000231 ZONED: RA USE: RESIDENTIAL 55-3-E N F ROGER W. CARTER D 303. PG 345 ZONED: RA USE: RESIDENTIAL 55-4-1A N/F RICHARD S. & MARY E. DIMMEL INST y060012622 ZONED: RA USE: RESIDENTIAL 55-4-2 N/F INVESTORS AT, LLC INST p050006592 ZONED: RA USE: RESIDENTIAL 55-4-3 N/F MICHAEL EDWARD MCKEE INST #030024787 ZONED RA USE: RESIDENTIAL 55M-2-9-149D N/F TOLL VA IV, LP INST #050022857 ZONED: RP USE: OPEN SPACE 65-A-195 N F LISA ANN & M LDRED L. RIGGLEMAN INST 010000231 ZONED: RA USE: RESIDENTIAL 6-A-59 N/F EDWARD D. HAGGERTY DB 413. PG 914 USE: VACANT 6-I-1, 2, 3 & 4 KEYSTONE ESTATES DB 91. PG 83 USE: RESIDENTIAL NOTE: SEE LINE TABLE ON SHEET 5. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 839.79' 7'21'22" 364.60' 182.55' S73'55'50"E 364.3 ' C2 2839.79' 7'04'39" 78' 175.61' S67-29-05" 350.56' C3 593.00' 33'23'25" 345.58' 177.85' N19'47'30"E 340.71' C4 33 00' 36'56'59" 343,73' 176.0 21'34'18"W 337,80' C5 407.79' 17'48*34" 1 6 76' 63.89' S48'57'04"W 126. 5' C6 527.00' 6'30'07' 0' 29.93' S6 '06'25'W 59.77' C7 599.00' 397.27' 206.25' S 5' 1' "W 3 0.03' CS 14.7 ' 180 82' 90, 4' N6 3'5 "W 1130.79' C9 527.00' 349.52' 181.46' N45'21' 8" 343.1 ' C10 p36'56'59" 67.97' 4.0 ' N61'06' 5"E 67 94' C11 473.80' 1 4.23' N48'57'04"E 146. ' C12 5 3 00' 382. ' 198, ' N 1'3 '18" 37 .8 ' C13 533.00' 16414' 1 '55' 16 .49' C14 641.75' 2'57'50" 33.20' 16.60' N31'26'15"E 33.19' C15 139.16' 13'30'15" 32. 0' 6 '07' "E 32.72' C16 1378.30' 2'41'58" 64.94' .4 ' 4 4' 9"W 64.9 ' C17 .84' 7'54'58" 119.35' S .77' N 49"1 9'01"E 119. 6' C18 458.36' 6'29'29" 51.93' 25.99' S54"48'25"W 51.90' C19 1 0' 44' 17,26' N5874'21"E 34.40' C20 11 7,68' 5'06'04" 101.29' 50.68' S58'29'13"W 101.26' C21 620.67' 11'49'4 " 1 4.31' S52'37'48"W 127.93' C22 592.21' 3'22'42" 34.92' 17.48' N48'00'47"E 34.91' C23 131.63' 17'02'44" 39.16' 9 7 ' N55'14'23"E 39.02' C24 97.24' 12'57'58" 67.26' 33.78' S59'11'57"W 67.12' C25 4 1.70' 19'01'25" 133.37' 6 1' '4 '45" .7 ' C26 448.14' 18'31'06" 144.84' 73.06' '06"W 144. 1' C27 2363.39' 2'03'33" 84. 4' 48' S16-45'15"W 84.94' C28 727.52' 3'31'47' 44.82' 22.42' N15'24'52"E 44.81' C29 158.49' '44" 13.19, S14'11'04'W 26.28' C30 1027,1V 14'06'42' 252,97'S01'56'31"W 252.33' C31 351.50' 22'32'51" 138.33'N07'38'18' 137.43' C32 2630.00' 2'06'7 " 96. ' 6. ' C33 319.50' 5'51'39" 32.68'N15'15'45'E _ 32.67' C34 669.04' 9'16'59" 10 .40'N25'21'47"E 108,28' C35 1133.02' '49'4 5 94'N 7 3'02"E 55.94' C36 780 09' 7'02'31" 95.88'8.00 N34'39'50'E 95.82' C37 6. ' 8'47'14" 34.70' S36"40'44"W 34.66' C38 349 4' 33'00'07" 201.34' 103.55' N51'56'32'E 198.56' C39 15 4.62' 4'06'01" 114.1 7.08' N6B'04'20"E 114.09' C40 70 1' '00'48" 86.32' 43.22' N74'55'23'E 86.27' C41 515.78' 7'11'05' 64.68' 32 3B' S76'22'52"W 64.63' C42 37. 0' 14'58'33' 9.91, 4.98' S68'59'30"W 9.88, C43 237.71' 19'07'10" 79. 0,03' S52'26'16"W 78.96' C44 1765.08' 2'59'12* 92.01' 46.02' N44'4 '36" 2.00' C45 4 6 ' 1 7'53" 135.66' '15'37"W 135.10' C46 531.55' 3'19'13' 30.80' 15.41' N '4 30. ' C47 199.41' 17'3 '10" 61.03' 30.76' S19'17' "W 6 .79' C48 7' 14'22'51" 42.26' 21.24' 02'20'46"W 42.15' C49 1775.04' 4'52'30" 151,0S 75.56' NO3'03' 1 0 99' C50 236.25' 8'30'29" 1 57' N08' 3'20" 35.05' C51 393.65' 9'34'41' 65. 1' 32.98' S013'3 '07"YI 65.73' C52 485.41' 9'18*58" 7 39 55' S00' 3'37'W 7 4' C53 487.04' 11"4 '10" 99.20' 49 77' SO4'05'32"W 99.03' C54 169.42' 29'17'06' 86.59' 44 4' S 65i C55 5278.89' 11'39' 120.78' 60.39' S40'23'55'W 1 .0.7 ' C56 80247.12' 0'03'38' 84.70' 4 .35' S35'46'37"W 8 .70' C57 12.91' 42'08'00" 9.49' 4.97' S46'33'20"E C58 '5 '05" 9.4 ' 14.70' C59 160.43' '4 " '56'38"E 31.90' C60 828.62' 4'44' 1' 6' 4. '43" 6 .64' C61 446.55' 7 4 00' S84'45'58" 7.9 ' C62 4 '4 " 16'W B ' 663 1' 1 1 '57'4 " N57'43'46"W 14. 9' BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT TWEEN FREDERIC-WINCHESTER SERVICE AYTHORITY yfTHE CANYON �Gz�FREDERICK SLC TRED BUD MAGISTERIAL DISTRICT VIRGINIA COUNTY, SCALE: N/A DATE: APRIL 27, 2006 S a D,, REVISED: AUGUST 4, 2006 REVISED: AUGUST 2.0, 2007 Patton Harris Rust & As soclates 7 Engineers, Survoyoro. Planners. Landscape Architects 4 117 East Piccadilly Street Winchester, Virginia 22601 PH RAT 540.667,2139 c yen AaS 0401 eucrr i rc a I`'.'- r rtArcSEE: s�s Ld~ I U O tD cVIM PORTION OF (OLD) c� a °' : C50 PROPERTY LINE z o v I * I HEREBY VACATED I I Qo Y v U) rn jC1U EASEMENT RESERVATION LJ > 0 3I\ (SEE NOTE 7) LJ Z UcV CCU v 'U \ Li EASEMENT \ RESERVATION (SEE NOTE 7)/ OF / \ U UN �U I LO M CD (NEW) 56-A-18A 59.1261 AC (OLD) 56-A-19 FREDERICK--WINCHESTER SERVICE AUTHORITY D9 564, PG 414 PORTION OF (OLD) PROPERTY LINE zoo o, O, /h HFRFAY VACATED LLI >Z1�pQ�VQ z (NEW) PROPERTY LINES HEREBY CREATED Vero *�Li' 6• 8S29i 1 aO N (NEW) PROPERTY LINES HEREBY w CREATED z O 00 ✓1 ((��yy77 00 !SV \ Qz \ z a s (NEW) 55-A-212B �'� �• 103.8311 AC �. _17 (OLD) 55-A-212 �255 THE CANYON, LC �g6 i 561 6 ON CREA-59INST #040014715 S�pEQU6 EDWARD D. HAGGERTY ,y> DB413,PG914 (CLARKE COUNTY) tx p,LT1H oF x v CORY M. HAYNES � NOTE: SEE CURVE TABLE ON SHEET 3 AND LINE TABLE ON SHEET 5. GRAPHIC SCALE A a 50 1D0 ( IN FEET ) 1 inch = 100 ft. LIc. No. 2539 s�z�Jo7 * = (NEW) PROPERTY LINES HEREBY CREATED BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK—WINCHESTER SERVICE ADUTHORITY AN THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"-100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Patton Harris Rust & Ass 0clates Engineers. Surveyors, Planners. Landscape Architects. RA117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 PH F 540.665.0493 SHEET 4 CF 6 LINE TABLE LINE BEARING LENGTH L1 N36'29'13'E 43,67' L3 NO3'05'48"E 321.83' L4 SO3'05'48"W 321.83' L5 S08'48'39'W 58.13' L6 302'09'23"E 58.67' L7 S12'48'19"W 41.03' L8 N40'02'47"E 38.29' L9 S57'51'21"W 38.29' L10 S64'21'28"W 202.78' L11 N64'21'28'E 202.78' L12 S87'12'44"W 64.59' 1-73 S75'52'35"W 48.43' L14 S26'21'28"W 76.93' L15 N26'21'28"E 64.93' L16 N34'37'30"W 44.09' L17 S51'37'27"E 29.09' L18 S66'08'43"E 41.68' Ll9 N70"14'16"W 15.97' L20 N66'48'1 'W 1 200.36' L21 N61'39'50"W 50.57' L22 S23'49'52'E 139.53' (OLD) 56-A-19 FREDERICK-WINCHESTER SERVICE AUTHORITY DB 564, PG 414 G21 (NEW) 56--A-19A 24.0698 AC EASEMENT- RESERVA11ON (SEE NOTE 7) G22 i EASEMENT RESERVATION (SEE NOTE 7) (NEW) 56-A-18A 59.1261 AC 9w p (OLD) 56-A-19 la /o 'y FREDERICK—WI NCH ESTER SERVICE AUTHORITY co c`= DB 564, PG 414 U Mq rCH Se£ SHffT 4 NOTE: LINE L2 WAS OMITTED INTENTIONALLY. GRAPHIC SCALE 100 0 50 100 ( IN FEET ) 1 inch — 100 ft. 4 * = (NEW) PROPERTY LINES HEREBY CREATED C-1 VIAa BOUNDARY LINE ADJUSTMENT G� AND EASEMENT PLAT BE TVYE- EN U CORMM HAYNES 9 FREDERICK WINCHESTER Lic. No. 2539 SERVICE AUTHORITY ala*v THE CANYON, LC lgAA RED BUD MAGISTERIAL DISTRICT �104 FREDERICK COUNTY, VIRGINIA SURV�, SCALE: 1"- 100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Patton Harris Rust 8 As6oclates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street NOTE: SEE CURVE Winchester. Virginia 22601 TABLE ON SHEET 3. q-j�+-A T 540.667.2139 F 540.665,0493 SHEET 5 OF 6 D PHR+A 2007 0 03 tiON� 0 r` (OLD) 56—A-19 FREDERICK—WINCHESTER SERVICE AUTHORITY DB 564, PG 414 LO C5 % U rn h (NEW) 56-A-19A 24.0698 AC Gi�r�F U �� EASEMENT RESERVATION N z�*�p �y cue (SEE NOTE 7) 0` v�0 C, (Al, �,C11 p38.>j� Cis C� 4 i (OLD) 56-A-19 \ �_ FREDERICK—WINCHESTER C3� SERVICE AUTHORITY C36 1 DB 564, PG 414 EASEMENT---,-C35 , �4— RESERVATION (SEE NOTE7) �� (OLD) PROPERTY LINES (NEW) 56-A-18A HEREBY VACATED 59.1261 AC s n- ��c' �\�9 Ir�aiof=j r7 N 56—A-18A N �m ((_OLD)) PROPEF6 LINE HEREBY VACATED ,,go N o I r; o -,-J DETAIL SCALE: 1 "=10' GRAPHIC SCALE ioo 0 50 100 ( IN FEET ) 1 inch = 100 tt. 9 PHR+A 707 (OLD) 56-A-18 FREDERICK—WINCHESTER SERVICE AUTHORITY DB 564, PG 414 oz Soli 3roz z:2U— °,wn w t _ U Z ILLI rt.Y� cOyI N _� F *Id :DWQ Of J �j�m >_ Q Of Lcl M m < Y ( o 00 f UI * N U I N r ;o } r7 0) 3 o ca P (6 x zE N \L <� N to `V w N d o w w ai I�? Nw 1 o� c� ELT H pf G'. BOUNDARY LINE ADJUSTMENT o AND EASEMENT PLAT U CORY M. HAYNE3 BETWEEN Uc. No. 2539 FREDERICK—WINCHESTER glzold7 SERVICE AUTHORITY ` �4 RETHE 6 D CANYON,AAND DLC ISTRICT * = (NEW) PROPERTY LINES HEREBY CREATED NOTE: SEE CURVE TABLE ON SHEET 3 AND LINE TABLE ON SHEET 5. FREDERICK COUNTY, VIRGINIA SCALE: 1 "=100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 0 Patton Harrls Rust & Associates m Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Streo' PWinchester, Virginia 22601 0 f-PAT 540.667.2139 F 540.665.0493 SHEET 6 OF 6 N r , r.,l:r.•��„���. ! it',1,'I1�1�EIZ?,i11.1c� In Pay/Lookul) Taxes DcpuTicketil RE2022 / 410640001 Nano THE CANYON Namc 2 C/O DAVE HOLLIDAY CONSTR INC Address 420 W JUBAL EARLY DR STE 103 WINCHESTER VA %ip 22601 6435 Penally Paid Original Bill $4,662.23 Date 6/6/2022 6/ 1 /2022 Real Estate Ticket Detail Previous 2022 REAL ESTATE Frequency 1 Map// 55 A 210 Bill Dale 04/25/2022 Due Datc 06/06/2022 Desc 70.15 ACRES $0.00 Interest Paid $0.00 (lnrcnl Pa�'un•nl tilalus Payments Principal Balance Due Pen:dly ($4,662.23) $0.00 'Fransaclion Ilistur�' Type 'll'ansaclioull Charge 0 Principal Paid 12037 Previous Suppicmcntll 0 Account// 8015929 Acreage 70.150 Improvements $87,100.00 Land Value $1,441,500.00 Land IJsc $0.00 Minerals $0.00 Last Transaction Date 06/01/2022 Interest Balance Due $0.00 $0.00 $0.00 i i Amount Balance $4,662.23 $4,662.23 ($4,662.23) $0.00 i Dept% I ickel# RE2022 / 410650001 Name THE CANYON LC Name 2 C/O DAVE HOLLIDAY CONSTR INC Address 420 W JUBAL EARLY DR STE 103 WINCHESTER VA %iP 22601 6435 Penalty Paid Original Bill $5,491 83 Date 6/6/2022 6/1/2022 Pay/Lookup "Faxes Real Estate Ticket Detail Previous 2022 REAL ESTATE Prequcncy 1 Supplemcntl/ 0 Map/1 55 A 212 Aee0L11101 8015931 Rill Dalc 04/25/2022 Acreage Due Date 06/06/2022 Improvemcnis Dcsc 103.83 ACRES Land ValuC $0.00 Interest Paid $0.00 ('urrcnt P,:ynuul tilaha 1'aymenls Principal Balance Due Penally ($5,491.83) $0.00 $0.00 'I ransaclion Ilislnrt' 1'ypc 'I•ransacliolill Chargc 0 Principal Paid 12037 Previou1 Land Use Minerals Last Transaction Date 06/01/2022 103.830 $0.00 $1,800, 600.00 $0.00 $0.00 f Interest 11::lanec Due $0.00 $0.00 Amuunl Balance $5,1191.83 $5,,191.83 ($5,491.83) $0.00 t 'diroillIrs I. l'ay/1Lookul) 'Face s Real Estate Ticket Detail Previous 2022 REAL ESTATE Deptll icket/1 RE2022 / 410660001 Frequency 1 Supplement# 0 Name THE CANYON LC Map/1 55 A 212A ACCOL110 8034941 Name 2 C/O DAVE HOLLIDAY CONSTR INC Rill Dale 04/25/2022 Acreage 5.000 Address 420 W JUBAL EARLY DR STE 103 Due Date 06/06/2022 Improvemcnls $0.00 WINCHESTER VA Desc 5.00 ACRES Land Value $203,500.00 Land Use $0.00 7.ip 22601 6435 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last'fransaction Date 07/11/2022 ('urrrnl I'atuunt til:tus Original Bill Payments Principal 11:tl:mce Due I'cn:tlly Interest Balance Due $620.68 ($620.68) $0.00 $0.00 $0.00 $0.00 'transaction Ilislnr� i Dale Type •Ilansactiontl Amount Balance 6/6/2022 Charge 0 $620.68 $620.68 6/1/2022 Principal Paid 12037 ($620.00) $0.68 7/11/2022 Abated 0 ($0.68) $0.00 Previous • 0 December 10, 2015 Mr. Patrick Sowers Pennoni Associates 117 East Piccadilly St. Winchester, VA 22601 RE: REZONING #06-15 OPEQUON CROSSING PIN: 55-A-210, 212, and 212A Dear Patrick: COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on December 9, 2015. The above -referenced application was approved to revise proffers associated with Rezoning 04-07 and Rezoning #-12-07. This revision related specifically to the monetary transportation credits. The properties are located south of the existing terminus of Eddys Lane (Route 820) south of Route 7 and adjacent to Opequon Creek in the Red Bud Magisterial District. The proffer statement, originally dated May 29, 2015, with final revision date of November 20, 2015, reflects the approved proffers. The proffers were 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 Frederick County Clerlc 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 John A. Bishop, AICP Deputy Director Transportation JAB/pd Attachment cc: Blain P. Dunn, Supervisor Red Bud District Christopher Molm and Charles Dunlap, Red Bud District Plarming Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue David Holliday, 420 Jubal Early Dr., Suite 103, Winchester, VA 22601 Rod Williams, County Attorney w/Proffer and Resolution 107 North Kent Street, Suite 202 G Winchester, Virginia 22601-5000 •1 a Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL, PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES A'OT ,MEET YOUR APPROVAL, PLEASE PROVIDE C0JL1fE,N'TS AS TO 14'HA T }'0(' 1f 01 LLD LIKE TO IIA V E COMPLETED. Initials Date & Time Mark Amv Tyler Ll 9 Jo n Wvatt Kavla Breton COMMENTS: CtUCL l y O 1 ZLY - � 1000 RECEIVED /o ff/ y rc / PA*:A O- " N r07 /�� 2�, - B� AN SIC A' Mr/\E•A./ MuNT\I 7 j PLANNING AND DEVELOPMENT Received by Clerical Staff (Date & Time): r, A - z.) C Adjoining Property Owners — Opequon Crossing Owners of property adjoining 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 each 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 located on the 2',d floor of the Frederick County Administrative Building, 107 North Kent Sheet. Name Address Property Identification Number PIN Name: Toll VA IV LP 19775 Belmont Exec Plz, Suite 250 Property#: 55-A-209 Ashburn, VA, 20147 Name: Toll VA IV LP 19775 Belmont Exec Plz, Suite 250 Property #: 55-A-211 Ashburn, VA, 20147 Name: Lisa Riggleman and Mildred Riggleman 7000 Ben Franklin Road Property#: 65-A-195 Springfield, VA 22150 Name: Twin Lakes Overlook Community Association 19775 Belmont Exec Plz, Suite 250 Property #: 55M-2-9-149D Ashburn, VA, 20147 Name: Arcadia Communities LLC 9900 Main St, Suite 500 Property #: 55G-5-3-225A Fairfax, VA 22031 Name: Arcadia Communities LLC 9900 Main St, Suite 500 Property #: 55G-5-4-179A Fairfax, VA 22031 Name: Katherine McHale 1291 Valley Mill Road Property #: 55-A-165C Winchester, VA 22602 Name: Valley Mill Farm LC 8739 C Street Property#: 55-A-165 Chesapeake Beach, MD 20732 Name: Santos E. Villalta 750 Hetzel Ter SE Property#: 55-44A Leesburg, VA 20175 Name: Michael McKee 283 Eddys Ln Property#: 55-4-3 Winchester, VA 22602 Name: Investors At, LLC P.O. Box 550 Property#: 55-4-2 Stephens City, VA 22655 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 55-4-1 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 56-A-19 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 56-A-18 Winchester, VA 22604 Name: Shenandoah Valley Battlefields Foundation P.O. Box 897 Property #: 56-A-18A New Market, VA 22844 Name: John Bradfield, Trustee 3 Woodcreek Ct Property#: 55-A-174 Durham, NC 27713 { iAb l; 40 �� 0 1P FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 09/19/22 REQUESTED COMPLETION DATE: 10/04/22 REQUESTING AGENT: Pam STAFF MEMBER: Tyler TYPE OF MAP: Comp Plan Transportation _ Locator ✓ TDR Ag & Forest District CIP Other ✓ PIN: 55-A-210,55-A-212 55-A-212A DESCRIPTION OF REQUEST: Rez. #09-22 The Canyon, LC RP to RP revised proffers Thank Youl Submit