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HomeMy WebLinkAbout10-08 Chick-Fil-A - Fast Food Restaurant - Stonewall - Backfile (2)LOT 6-A \ \ RUTHERFORD FARM `\ \ PART OF \\ \\ �Oh` `11470 y \ \ RUTHERFORD ARM, LLC ALLEGHIENY POWER COMPANY EASEMENT _ D.B. 720 PG. 140 6 INST. NO. 050006702- °H�- THE POTOMAC EDISON CO. �� 60 ` ' �� _ INST. NO. 0700 07 918 / / TAX MAP 43-A-100 \ D.B. 700 PG. 875 6C - _ ` \ 20' WATER BASEMENT 1 11 &I �Oy H� INST 1070011052 14 1 POTOMAC EDISON CENTERLINE ``/ SOH UP 196 POLE LINE EASEMENT ��/ -0 D.B. 495 PG 74 6E 0 _ _ 1 I Kl� BAR/ABLE WIDTH INGRESS/EGRESS I AND UTILITY EASEMENT INST NO, 070011052 I PARCEL A RUTHERFORD FARM PART OF LANDS N/F RUTHERFORD FARM, LLC INST. NO. 050006702 INST. NO. 070007918 TAX MAP 43-A-100 51.0 R=270.00 — _ L= 9 8.2 5 20' WATER EASEMENT _ _ CHB=N25° O'24"W PER REF. //3 C H D= 9 7.7 0 R =100.00 20' WATER EASEMENT INST 1070011052 14 ' 1 20' SANITARY SEWER 0= 2 0° 5 0' 5 6" 6"' RECIPROCAL�EASEMENT FOR 1 I � EASEMENT Ui V � \ BOUNDARY EN ROACHMENTS \ L= 3 6.3 9 O I I INST. N0. 070011052 „ INST. 107 011908 15 I I W \ CHB = N 64 39 3 8 E 5' RECIPROCAL CONSTRUCTION 1 I \ \ C H D= 3 6.1 9 SUBSURFACE EASEMENT INST 1070011908 I / \ \ 20' STORM ORIA/NAGE \ \EASEMENT �� �� i `\ PER REF. JJ UNDER CONSTRUCTION ' \ APPROX LOC. OF OLD FENCE LINE DESCRIBED /N D.B. 225 PG. 377 _ _ _ _ _ - - - - - -1 D.B. 235 PG. 441 10- - - - - _ _ I ' I I / ------ - ----— — — — — — — — — NOD / 1 II 20' WATER EASEMENT I I v 1 INST. 1070011052 14 I I APPROX. LOC. OF LAND I ' I / 10 STORY DRAINAGE � DESCRIBED /N 1 I I EASEMENT / PER REF. D.B. 225 PG. 377 4 , C) 1 ' 13 �M , UA CY, 1 LOT 6-C RUTHERFORD FARM 11 LOT 6- B 1 PART OF m RUTHERFORD FARM I N LANDS N/F y 11 "PROPOSED CHICK—FIL—A" 1 I RUTHERFORD FARM, LLC o I INST. NO. 050006702 I I I INST. N0. 070007918 v m 1 PART OF 11 I TAX MAP 43-A-100 LANDS N/F I' 0 11 RUTHERFORD FARM, LLC I AREA: 59,192 S,F. OR 1,1588 AC, ' 1 INST. NO. 050006702Ln I 0 11 TAX MAP 43—A-100 1 1 AREA:11 59,192 S.F. OR 1.3588 AC. r I 1 1 \� 1 t "" 1 NO BUILDINGS 1 ' I I I 20' WATER EASEMENT PER REF. 1 I —OH— —OH— —OH 1 11 \ 1 1 1 1 I 50' BUILDING RESTRICTION LINE 1 6 BOUNDARY ENCROACHMENTS INSTR. #070011052 14 I I N 1 INST. 1070011906 15 1 I 11 5' RECIPROCAL CONSTRUCTION 1 SUBSURFACE EASEMENT 1 INST. 1070011908 15 I 1 I SHENANDOAH TELEPHONE 1 CO, EASEMENT 1 I 1 I D.B. 674 PG, 389 O7 1 I 1 10' LANDSCAPE BUFFER INST 1070011052 14 I —�_ OH — —OH— —OH— —off— —OH— —OH— —OH— —ON UP 1125960J 1 ---------------------7 -- wu g — 2' NORTHERN WA. POWER CO. S 6 1 ° 25' 33 "W 148.16' 1- W � OH —OH— —OH— —_OH -- D.B, 27Y PG, 506 �L" —OH— —OH— —OH— —OH— UP W/TRANS UP OH— --OH— -OH— OH— —OH- -OH— —oH— N39220-889 06 N12861-888 OH— —OH— —OH— —OH— —OH— —OH— —� a MARTINSBURG PIKE — US RTE. 11 Is= z§ VARIABLE WIDTH RIGHT—OF—WAY Fxsag GRAPHIC SCALE EDGE OF GRAVEL w ASPHALT PAVED PUBLIC hMOWAY `01 z�Z 20 0 10 20 40 80 "UDDER CONSTRUCTION" ZL" - w�g O y � � ( IN FEET) -i 1 inch = 20 ft. wz =S-m m�F ANDSCAPE BUFFER ST. 1070011052 14 —OH— —OH— —OH 1500' TO l 81 UP 11259604 1259604 NOTES: 1. THE PROPERTY IS KNOWN AS LOT 6-B RUTHERFORD FARM, (UNRECORDED), BEING PART OF THE LANDS OF RUTHERFORD FARM, LLC AS RECORDED IN INSTRUMENT NO. 050006702, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA HAVING A TAX MAP REFERENCE OF 43-A-100, 2. LEASE AREA = 59,192 SQUARE FEET OR 1.3588 ACRES 3. LOCATION OF ALL UNDERGROUND UTILITIES ARE APPROXIMATE. ALL LOCATIONS AND SIZES ARE BASED ON UTILITY MARK OUTS, ABOVE GROUND STRUCTURES THAT WERE VISIBLE & ACCESSIBLE IN THE FIELD, AND THE MAPS AS LISTED IN THE REFERENCES AVAILABLE AT THE TIME OF THE SURVEY. AVAILABLE AS —BUILT PLANS AND UTILITY MARK OUT DOES NOT ENSURE MAPPING OF ALL UNDERGROUND UTILITIES AND STRUCTURES. BEFORE ANY EXCAVATION IS TO BEGIN, ALL UNDERGROUND UTILITIES SHOULD BE VERIFIED AS TO THEIR LOCATION, SIZE AND TYPE BY THE PROPER UTILITY COMPANIES. 4. THIS PLAN IS BASED ON INFORMATION PROVIDED BY A SURVEY PREPARED IN THE FIELD BY CONTROL POINT ASSOCIATES, INC, AND OTHER REFERENCE MATERIAL AS LISTED HEREON, 5. THIS SURVEY IS PREPARED WITH REFERENCE TO A TITLE COMMITMENT REPORT PREPARED BY CHICAGO TITLE INSURANCE COMPANY, COMMITMENT NUMBER 2480-70123, EFFECTIVE DATE AUGUST 9, 2007. OUR OFFICE HAS REVIEWED THE FOLLOWING SURVEY RELATED EXCEPTIONS IN SCHEDULE B. SECTION II: TEASEMENT GRANTED TO ALLEGHENY POWER COMPANY BY INSTRUMENT RECORDED IN BOOK 720 AT PAGE 140; AFFECTS THE SUBJECT CFA PARCEL, SHOWN. 4. TERMS, PROVISIONS, RESTRICTIONS, CONDITIONS, EASEMENTS AND RESERVATIONS ONTAINED IN DEED RECORDED IN DEED BOOK 225 AT PAGE 377, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW; MAY AFFECT THE SUBJECT CFA PARCEL, APPROXIMATE LOCATION OF LAND AFFECTED SHOWN. THERE WAS NO EVIDENCE OF THE OLD TAVERN BUILDING. 5, EASEMENT(S) GRANTED TO THE COMMONWEALTH OF VIRGINIA BY INSTRUMENT RECORDED 0. DEED BOOK 274 AT PAGE 594; DOES NOT AFFECT THE SUBJECT CFA PARCEL, LIMITED ACCESS IS WEST OF CFA PARCEL, b. DEED BOOK 274 AT PAGE 367; DOES NOT AFFECT THE SUBJECT CFA PARCEL, LAND DESCRIBED IS WITHIN EXISTING RIGHT—OF—WAY. EASEMENT GRANTED TO POTOMAC EDISON COMPANY BY INSTRUMENT RECORDED IN: 0. DEED BOOK 333 AT PAGE 526; MAY AFFECT THE SUBJECT CFA PARCEL, INSUFFICIENT INFORMATION IN RECORD DOCUMENT TO DETERMINE EASEMENT LOCATION. b. DEED BOOK 361 AT PAGE 556; MAY AFFECT THE SUBJECT CFA PARCEL, INSUFFICIENT INFORMATION IN RECORD DOCUMENT TO DETERMINE EASEMENT LOCATION, THE ONLY POLE LINE ON THE PROPERTY AT THE TIME OF THIS SURVEY WAS ALONG ROUTE 11. C, DEED BOOK 700 AT PAGE 875; AFFECTS THE SUBJECT CFA PARCEL, SHOWN. d. DEED BOOK 720 AT PAGE 140; AFFECTS THE SUBJECT CFA PARCEL, SHOWN. e. DEED BOOK 495 AT PAGE 74; DOES NOT AFFECT THE SUBJECT CFA PARCEL, AFFECTS LAND NORTH OF THE CFA PARCEL, QEASEMENT GRANTED TO SHENANDOAH TELEPHONE COMPANY BY INSTRUMENT RECORDED DEED BOOK 674 AT PAGE 389; MAY AFFECT THE SUBJECT CFA PARCEL. THERE IS AN ANCHOR ROD ON THE PROPERTY, WE ARE UNABLE TO DETERMINE IF THIS PARTICULAR ROD IS THE ONE DESCRIBED, SHOWN. TEASEMENT GRANTED TO NORTHERN VIRGINIA POWER COMPANY BY INSTRUMENT RDED IN DEED BOOK 273 AT PAGE 506; AFFECTS THE SUBJECT CFA PARCEL, SHOWN, �H'E TERMS, PROVISIONS AND EASEMENTS SET FORTH IN THAT CERTAIN ORDER OF TAKEN BY STATE HIGHWAY COMMISSIONER OF VIRGINIA AND P.G. SHIRLEY RECORDED IN DEED BOOK 169 AT PAGE 427; DOES NOT AFFECT THE SUBJECT CFA PARCEL, LAND DESCRIBED IS WITHIN EXISTING RIGHT-OF-WAY. 1@ FENCE AGREEMENT AS SET FORTH IN THOSE CERTAIN DEEDS RECORDED IN DEED BOOK 225 AT PAGE 377 AND IN DEED BOOK 235 AT PAGE 441; MAY AFFECT THE SUBJECT CFA PARCEL, APPROXIMATE LOCATION OF OLD FENCE SHOWN. 11 THE FOLLOWING MATTERS AS SHOWN ON PLAT ENTITLED, "FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT", RECORDED AS INSTRUMENT NO. 050006701 AS FOLLOWS: 0. TWENTY-FIVE FOOT (25') AND SEVENTY-FIVE FOOT (75') BUILDING RESTRICTION LINES; DOES NOT AFFECT THE SUBJECT CFA PARCEL, THE PROPERTY HAS BEEN RE-SUBDNIDED, PECORDED EASEMENT GRANTED TO FREDERICK COUNTY SANITATION AUTHORITY BY INSTRUMENT AS INSTRUMENT 020014907; DOES NOT AFFECT THE SUBJECT CFA PARCEL, AFFECTS THE LAND WEST AND NORTH OF THE CFA PARCEL. PDEED OF EASEMENT FOR STORM DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENT Y AND BETWEEN C. ROBERT SOLENBERGER, JOHN S. SCULLY IV AND JOHN B, SCHROTH AND RUTHERFORD FARM, LLC RECORDED AS INSTRUMENT NO. 070011053; DOES NOT AFFECT THE SUBJECT CFA PARCEL, AFFECTS LAND NORTHEAST OF THE SUBJECT CFA PARCEL. EASEMENT BENEFITS CFA, PDEED OF DEDICATION OF PUBLIC ROADS, STORM DRAINAGE EASEMENTS, PUBLIC ACCESS, UBLIC WATER AND SEWER AND ESTABLISHMENT OF LANDSCAPE BUFFER AND WOODLAND BUFFER AND HISTORICAL INTERPRETATION AREA BY AND BETWEEN RUTHERFORD FARM, LLC, COUNTY OF FREDERICK, VIRGINIA AND FREDERICK COUNTY SANITATION AUTHORITY RECORDED AS INSTRUMENT NO. 070011052; AFFECTS THE SUBJECT CFA PARCEL, PLOTTABLE ITEMS ARE SHOWN, PUTHERFORD OPERATION AND EASEMENT AGREEMENT BETWEEN TARGET CORPORATION AND FARM, LLC RECORDED AS INSTRUMENT NO. 070011908, AS AMENDED BY FIRST AMENDMENT TO OPERATION AND EASEMENT AGREEMENT RECORDED AS INSTRUMENT NO. 070011913; AFFECTS THE SUBJECT CFA PARCEL, SHOWN. §OSUBSTITUTION OF EASEMENT AND VACATION EASEMENT BY AND BETWEEN VIRGINIA APPLE RAGE, INC., ROBERT SOLENBERGER, JOHN B, SCHROTH AND JOHN S, SCULLY, IV, COWPERWOOD FEMA, LLC AND RUTHERFORD FARM, LLC RECORDED AS INSTRUMENT NO. 070007919, AND RE -RECORDED AS INSTRUMENT NO. 070010092; DOES NOT AFFECT THE SUBJECT CFA PARCEL, AFFECTS LAND NORTH EAST OF THE CFA SITE. qJHN DEED AND BOUNDARY LINE ADJUSTMENT BY AND BETWEEN C, ROBERT SOLENBERGER, B. SCHROTH AND JOHN S. SCULLY, IV AND RUTHERFORD FARM, LLC RECORDED AS INSTRUMENT NO, 070007918; DOES NOT AFFECT THE SUBJECT CFA PARCEL, IT HAS BEEN SUBDIVIDED. DEED OF TRUST FROM ERIC SANDERS AND MARY SANDERS TO SANDRA KAREBEER, USTEE, FOR THE BENEFIT OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., DATED JUNE 9, 2004 AND RECORDED JUNE 16, 2004 AS INSTRUMENT NO, 040011202, SECURING THE PRINCIPAL SUM OF $168,100.00, DOES NOT AFFECT THE SUBJECT CFA PARCEL, AFFECTS LAND IN LORD FAIRFAX SUBDIVISION. P19 CREDIT LINE DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND XTURE FINANCING STATEMENT FROM RUTHERFORD FARM, LLC TO DENNIS K. MOYER AND CYNTHIA K. PAYNE, TRUSTEES, FOR THE BENEFIT OF U.S. BANK NATIONAL ASSOCIATION, DATED JULY 19, 2007 AND RECORDED JULY 23, 2007 AS INSTRUMENT N0, 070011978, SECURING THE PRINCIPAL SUM OF $31, 926,210.00; NOT SURVEY RELATED, AFFECTS SUBJECT CFA PARCEL. 20. ASSIGNMENT OF LEASES AND RENTS FROM RUTHERFORD FARM, LLC TO U.S, BANK ATIONAL ASSOCIATION DATED JULY 19, 2007 AND RECORDED JULY 23, 2007 AS INSTRUMENT NO, 070011979; NOT SURVEY RELATED, AFFECTS THE SUBJECT CFA PARCEL. , VIRGINIA CREDIT LINE DEED OF TRUST FROM RUTHERFORD FARM, LLC TO BB&T-VA OLLATERAL SERVICE CORPORATION, TRUSTEE, FOR THE BENEFIT OF BRANCH BANKING AND TRUST COMPANY, DATED JANUARY 11, 2007 AND RECORDED JANUARY 16, 2007 AS INSTRUMENT NO. 070000671, SECURING THE PRINCIPAL SUM OF $448,000.00, NOT SURVEY RELATED, AFFECTS THE SUBJECT CFA PARCEL, LEGEND f UTILITY POLE I — — OH— — OVERHEAD WIRES I O TITLE REPORT EXCEPTION GUY WIRE I UTILITY CONTAQM WATER FREDERICK COUNTY SERVICE AUTHORITY 107 NORTH KENT STREET, 2ND FLOOR WINCHESTER, VA 22601 (540) 868-1061 SANITARY SEWER FREDERICK COUNTY SERVICE AUTHORITY 107 NORTH KENT STREET, 2ND FLOOR WINCHESTER, VA 22601 (540) 868-1061 STORM DRAINAGE FREDERICK COUNTY DEPARTMENT OF PUBLIC WORKS 107 NORTH KENT STREET, 2ND FLOOR WINCHESTER, VA 22601 (540) 665-5643 ELECTRIC ALLEGHANY POWER 3463 VALLEY PIKE WINCHESTER, VA 22602 (540) 722-5812 GAS UTI LITY SHENANDOAH GAS 350 HILLANDAL.E LANE WINCHESTER, VA 22602 (540) 868-7923 TELEPHONE VERIZON VICINITY MAP RuERFORD ADC THE MAP PEOPLE \`far dun PK 602153-5 PERMIT USE NO. 20 SCALE: 1 "=2,000' �+1 ' j RUTHERFORD STONEWALL IND wo sca v PK �G�fq� ryd z J r RAAL 1.0— r f PARK Exit-317 "G` I T E _...�_ 42'PI EALE9E 11 1 I 661 4 1 37 QP�aS 661 LwEs G 1 o pgtS00 PO �r - �Je661 s 2 p 11 i FOR COLLIER P.O. BOX 97398 UTILITIES: BALTIMORE, MD 21297 THE FOLLOWING COMPANIES WERE NOTIFIED BY DELMARVA MISS UTILITY SYSTEM (540) 665-3156 (1-800-552-7001) AND REQUESTED TO MARK OUT UNDERGROUND FACILITIES AFFECTING AND SERVICING THIS SITE. THE UNDERGROUND UTILITY INFORMATION SHOWN HEREON IS BASED UPON THE UTILITY COMPANIES RESPONSE TO THIS REQUEST, SERIAL NUMBER(S): A733200252 NOTES CONT'D; VIRGINIA CREDIT LINE DEED OF TRUST FROM RUTHERFORD FARM, LLC TO BB&T-VA LLATERAL SERVICE CORPORATION, TRUSTEE, FOR THE BENEFIT OF BRANCH BANKING AND TRUST COMPANY OF VIRGINIA, DATED MARCH 31, 2005 AND RECORDED APRIL 1, 2005 AS INSTRUMENT NO, 050006703, SECURING THE PRINCIPAL SUM OF $3,440,000.00; NOT SURVEY RELATED, AFFECTS THE SUBJECT CFA PARCEL, 6. THE EXISTENCE OF UNDERGROUND STORAGE TANKS, IF ANY, WAS NOT KNOWN AT THE TIME OF THE FIELD SURVEY. 7. THE PROPERTY IS LOCATED IN ZONE C (AREAS OF MINIMAL FLOODING) PER PLAN REFERENCE #2, 8. ALL MATTERS SHOWN ON RECORDED PLATS THAT ARE WITHIN THE LIMITS OF THIS SURVEY AND ARE PLOTTABLE, ARE SHOWN. 9, AT THE TIME OF SURVEY THE ONLY UTILITY OBSERVED WAS THE OVERHEAD WIRES ALONG ROUTE 11. THE SITE IS CURRENTLY UNDER CONSTRUCTION. 10. PARCEL IS ZONED B-2, BUSINESS GENERAL DISTRICT IA INTERSTATE OVERLAY DISTRICT, BUILDING SETBACKS; FRONT (SOUTH-EAST); 50' SIDE (SOUTH-WEST): 35' SIDE (NORTH-EAST): N/A REAR (NORTH-WEST) N/A ZONING INFORMATION IS PER DEVELOPMENT INVESTIGATION REPORT FOR CHICK-FIL-A, RUTHERFORD CROSSING, WINCHESTER, VA DATED JULY 27, 2007 PREPARED BY BOHLER ENGINEERING, P.C. METES AND BOUNDS DESCRIPTION LOT 6-B RUTHERFORD FARM UNRECORDED PART OF THE LANDS OF RUTHERFORD FARM, LLC INSTRUMENT N0, 050006702 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA BEGINNING AT F HE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LIMITS OF MARTINSBURG PIKE - US RTE. 11 (VARIABLE WIDTH RIGHT-OF-WAY), WITH THE DIVISION LINE BETWEEN PARCEL - A, RUTHERFORD FARM (UNRECORDED) ON THE WEST, AND LOT 6-B, RUTHERFORD FARM (UNRECORDED) ON THE EAST, THENCE WITH SAID DIVISION LINE THE FOLLOWING TWO COURSES AND DISTANCES; 1. NORTH 35 DEGREES - 45 MINUTES - 51 SECONDS WEST, 150.56 FEET TO A POINT OF CURVATURE, THENCE; 2. CONTINUING, 98.25 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 270,00 FEET, A CENTRAL ANGLE OF 20 DEGREES - 50 MINUTES - 54 SECONDS, AND A CHORD BEARING AND DISTANCE OF NORTH 25 DEGREES - 20 MINUTES - 24 SECONDS WEST, 97,70 FEET TO THE INTERSECTION OF SAID DIVISION LINE WITH THE DIVISION LINE BETWEEN LOT 6-A, RUTHERFORD FARM (UNRECORDED) ON THE NORTH, AND SAID LOT 6-B ON THE SOUTH, THENCE WITH SAID DIVISION LINE THE FOLLOWING THREE COURSES AND DISTANCES; 3, NORTH 75 DEGREES - 05 MINUTES - 06 SECONDS EAST, 123,87 FEET TO A POINT OF CURVATURE, THENCE; 4. CONTINUING, 36.39 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 100,00 FEET, A CENTRAL ANGLE OF 20 DEGREES - 50 MINUTES - 56 SECONDS, AND A CHORD BEARING AND DISTANCE OF NORTH 64 DEGREES - 39 MINUTES - 38 SECONDS EAST, 36.19 FEET TO A POINT, THENCE; 5, CONTINUING, NORTH 54 DEGREES - 14 MINUTES - 09 SECONDS EAST, 51.07 FEET TO THE INTERSECTION OF SAID DIVISION LINE WITH THE DIVISION LINE BETWEEN LOT 6-C, RUTHERFORD FARM (UNRECORDED) ON THE EAST, AND SAID LOT 6-B ON THE WEST, THENCE WITH SAID DIVISION LINE THE FOLLOWING TWO COURSES AND DISTANCES; 6, SOUTH 35 DEGREES - 45 MINUTES - 51 SECONDS EAST, 51.63 FEET TO A POINT, THENCE, 7, CONTINUING, SOUTH 28 DEGREES - 34 MINUTES - 27 SECONDS EAST, 234,57 FEET TO THE INTERSECTION OF SAID DIVISION LINE WITH THE NORTHERLY RIGHT-OF-WAY LIMITS OF SAID MARTINSBURG PIKE, THENCE WITH SAID NORTHERLY RIGHT-OF-WAY LIMITS THE FOLLOWING TWO COURSES AND DISTANCES; 8, SOUTH 61 DEGREES - 25 MINUTES - 33 SECONDS WEST, 148,16 FEET TO A POINT, THENCE; 9, CONTINUING, NORTH 67 DEGREES - 50 MINUTES - 31 SECONDS WEST, 82.37 FEET TO THE POINT OF BEGINNING, CONTAINING 59,192 SQUARE FEET OR 1,3588 ACRES MORE OR LESS. BEING THE SAME PROPERTY DESCRIBED IN A TITLE COMMITMENT REPORT PREPARED BY CHICAGO TITLE INSURANCE COMPANY, COMMITMENT NO. 2480-70123, WITH AN EFFECTIVE DATE OF AUGUST 9, 2007 AND IS SUBJECT TO RESTRICTIONS, COVENANTS, AND/OR EASEMENTS AS CONTAINED THEREIN, THIS SURVEY IS CERTIFIED TO: CHICK-FIL-A, INC. CHICAGO TITLE INSURANCE COMPANY THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE "MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TITLE SURVEYS," JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS IN 2005, AND INCLUDES ITEMS 2, 3, 4, 6, 7(A), 7 (13)(1), 7(C), 8, 9, 10, 1l(A), 13 Sc 14 OF TABLE A THEREOF, PURSUANT TO THE ACCURACY STANDARDS AS ADOPTED BY ALTA AND NSPS AND IN EFFECT ON THE DATE OF THIS CERTIFICATION, UNDERSIGNED FURTHER CERTIFIES THAT IN MY PROFESSIONAL OPINION, AS A LICENSED LAND SURVEYOR REGISTERED IN THE COMMONWEALTH OF VIRGINIA, THE RELATIVE POSITIONAL ACCURACY OF THIS SURVEY DOES NOT EXCEED THAT WHICH IS SPECIFIED THEREIN. NOT VALID UNTIL SEAL`E D KEVIN F. STEINHILBER DATE VIRGINIA LICENSED LAND SURVEYOR NO. 1653 THIS CERTIFICATION IS MADE TO ONLY NAMED PARTIES FOR PURCHASE AND/OR MORTGAGE OF HEREIN DELINEATED PROPERTY BY THE NAMED PURCHASER. NO RESPONSIBILITY OR LIABILITY IS ASSUMED BY SURVEYOR FOR THE USE OF SURVEY FOR ANY OTHER PURPOSE INCLUDING, BUT AOT LIMITED TO, USE OF SURVEY AFFIDAVIT, RESALE OF PROPERTY, OR TO ANY OTHER PERSON NOT LISTED IN CERTIFICAWN, EITHER DIRECTLY OR INDIRECTLY, REFERENCES; 1. THE FREDERICK COUNTY, VIRGINIA, DEPARTMENT OF TAX ADMINISTRATION, REAL ESTATE DIVISION, MAP NUMBER 43. 2. MAP ENTITLED "FIRM, FLOOD INSURANCE RATE MAP, FREDERICK COUNTY, VIRGINIA, (UNINCORPORATED AREAS), COMMUNITY -PANEL NUMBER 510063-0105 B, EFFECTIVE DATE JULY 17, 1978, 3. MAP ENTITLED "RUTHERFORD CROSSING SITE PLAN" DATED JANUARY, 2007 AND PREPARED BY BURY + PARTNERS, CHANTILLY, VIRGINIA. 4. MAP ENTITLED "ALTA/ACSM SURVEY" DATED APRIL 17, 2006 AND PREPARED BY BURY + PARTNERS, WARRENTON, VIRGINIA, 5. ELECTRONIC FILE RECEIVED FROM BURY + PARTNERS SHOWING BOUNDARY AND CONTROL, FIELD DATE ALTA/ACSM LAND TITLE SURVEY 12-11-07 r CHICK-FIL-A, INC. FIELD BOOK NO.LOT 6-B JC-07-03 RUTHERFORD FARM FIELD BOOK PG. RUTHERFORD FARM, LLC INSTRUMENT N0, 050006702 36 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DRAWN: J.G. 22630 DAMS DRIVE, SUITE 200 R]BOHLER7019,4.11 �703.90 9797 FAX REVIEWED: ENGINE E RING wwwbohlerelwineeriny,cym J.S. ■NEW JERSEY ■PENNSYLVANIA ■NEW YORK ■VIRGINIA ■MASSACHUSEITS ■MARYLAND ■FLORIDA APPROVED: DATE SCALE FILE NO. DWG. NO, K.F.S. 12-14-07 1 1"=20' S076504.SR 1 1 OF