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Home My WebLink About38-08 Lowe's Rutherford Crossing - Retail - Stonewall - Backfile (2)DATE RECEIVED FROM 0g NO. r C; ADDRESS oL V .J I ' & Y i 't'Uti-2 l�;�M lei—t� S DOLLARS ❑FOR RENT ❑ FOR AMT. OF CASH ACCOUNT AMT. PAID M �� CHECK BALANCE MONEY DUE ORDER r Date; SITE PLAN TRACKING SHEET File opened Reference Manual updated/number assigned D-base updated File given to Renee` to update Application Action Summary CLOSE OUT FILE; ' i�4 Approval (or denial) letter mailed to applicant/copy made for file 3 0 / File stamped "approved", "denied" or "withdrawn" 3 0,� Reference Ivlanual updated (� 3 09 D-base updated (o/d33 6 File given to Renee' for final update to Application Action Summary T / aw Al Pl-t pD L - U:\BcJ amnion\Tracking ahGu\Sitc Plan Tracking wpd R,,AStd 02107/03 SITE PLAN APPLICATION CUECKLIST The cbu cklist sho;,n below TF- * es the information which is required to be submitted as part of the it,plan application. The Department of Planning & Development R7ll review the application to ensure that it is r*EE.plete prior to accepting it. If any portion of the application is not DDMPIete, it rill be retuned to the appllCant(s). (1) One (1) set of approved cammml sheets are required from eacb relevant rnriew agency prior to final approval of a site plan_ It is recommended that applicants contact the Department of Planning & Development to determine urhich review agencies' are relevant to their site plan application_ A list of potentially relevant review agencies is shown bolo -,v: Frederick County Department of Planning & Development Department of GIS (Geographic Information Services) Frederick County Sanitation Authority Frederick County Building Inspections Department Frederick County Department of Public Worts Frederick County Fire Marshal Frff3eriek County Health Department Frederick County Department of Parks & Recreation Vironia Department of Transportation (VD01� City of VJ-mr-hester Town of Stephens City Tovimof Ntiddletovrn Frederick County / Winchester Airport Autbority L/ (2) One (1) copy of the Site Plan application form. (3) Payment of the site plan review fee. Z� (4) One (1) reproducible copy of the Site Plan (if required). • O COu - RECOPY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 23, 2008 Mr. Marty Smith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Re: Approval of Site Plan #38-08; Lowe's Revision (Rutherford Crossing) Property Identification Number (PIN): 43-A-100A Dear Marty: The Frederick County Department of Planning and Development administratively approved the above - referenced site plan on June 23, 2008. The site plan is for revisions to the Lowe's site which was approved with the original Rutherford Crossing Site Plan. Revisions to the Lowe's site plan include the removal of parking spaces along the garden spaces which have been accounted for on lot 3A through a shared parking agreement, as well as grading revisions associated with the removal of the spaces. All requirements of the Frederick County Zoning Ordinance have been met in the approved site plan, including review agency comments from all relevant review agencies. I am providing you with five (5) copies of the approved site plan. Please forward these copies to the appropriate representative(s). Furthermore, advise the owner(s) that a copy should be kept for future reference, and an approved copy must be kept on the construction site throughout the development process. Once site development is complete, the owner(s) should contact this office to schedule an on -site inspection. Do not hesitate to contact me if you have any questions or concerns. Sincerely, Candice E. Perkins Senior Planner CEP/bad Attachments cc: Charles DeHaven Jr., Stonewall District Supervisor Gary Oates and Richard Ruckman, Stonewall District Planning Commissioners Lowe's Home Improvement, Pete Rotelli, 6407 Forest Grove Drive, Fredericksburg, VA 22407 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 -COUNTY of FREDERICK 'Pepartm.ent of Public Works YAY. S40/'678r0682 Mr. Mar.t,y. Sibith Bury& Partners-- VA i-net. -38:l.0,'Concordc'Paf-k.-w,4y..j Sui'fc.; WOO Chantilly, Vir-gTiiia 2.015.1 'RE'- -Low.e,s 1-forric .Center --Rutherford Cross-Ing., = Kq), I sed •S"*Ie Plan Comments• Fxed*efick-County.-, Virginia d:s i te VmittddJUihe,9,.2008-, and off6r We.ha.vecomp'leted our reviewoftifeir6w'se p an, su nb-conirftents -at tlis- Hine?. Therefore, wcri-66oihtbend,apprbVql of ilic revised site ,plan. Sincerely, Civil Epgineeit Department -of Publib Woirks M'SN1rls Cdndi'�-.P- 6-rkins,,Plan.ni.hg and' Deuelopmerif fj 1q, TArsa rge nl\,g hoad ATEM PCOM NIENT&LONVE-'S Ii ENTUPIl mt f,,,OR DcRsd9i,Qd'NNi)C 107 North kent,8trce't Win6ester, Virgilnia.'22'061 -'9000 P Bury +Partners E NGINE E RING SOLUTIONS June 16, 2008 J U N 1 7 2008 Ms. Candice Perkins, AICP Senior Planner County of Frederick Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Va. 22601 RESPONSE TO COMMENTS COMMENTS DATED 06/09/08 Re: Review Comments for Site Plan #38-08; Lowe's Revision (Rutherford Crossing) Property Identification Number (PIN): 43-A-100A Dear Ms. Perkins: We are pleased to submit the above referenced plan for its final review. Please find attached 7 copies of the revised final plan. The following is our response to your comment letter dated June 9, 2008. Comment 1: Signature Block._ A signature block for the Zoning Administrator needs to be provided on the plan. Response 1: A signature block for the 'Zoning Administrator has been added to the plan. Comment 2: Plan Changes: The Parking area that is being revised should be highlighted as indicated. Response 2: The Parking area that is being revised is now highlighted with a revision cloud on the plan. BURY+PARTNERS-VIRGINIA, INC 3810 Concorde Parkway, Suite 1000 Chantilly, Virginia 20151 )703) 968-9090 (703) 968-4866 Austin - Do as - Houston • ' , _ • n'hle lirxr;s Fa rfox • Williornsourg V'q nc www burypartners corn • Bury +-Par Lners ENGINEERI N G SOLUTIONS • Page 2 of 2 Response to comments # 1 Sitc Plan #38-08 Comment 3: Parking Agreement: Provide a copy (%f the shared parking agreement between the Target and Lowe's property. Response 3: A cop} of the shared parking agreement between the Target and Lowe's property is attached with this letter. It is my understanding from a telephone message received today (June 16, 2008) that the Frederick County Department 01' Public Works (County Engineer) has approved this site plan. The representative from Public Works indicated that they also notified your office of their approval. I hope you find our responses and plan revisions satisfactory to the comments and concerns of staff. Should you have any questions or require additional information, please do not hesitate to call me at 703-968-9090. Thank you again for your assistance with this project. Sincerely, Bury-l-Partnci-s — Virginia, Inc. William D. "Mark" I-Iume, P.E. Director of Engineering/Senior Project Manager Attachment Cc: Rod Brana, NV Retail Carter Farley, Bohler Engineering 080007105 PARKING EASEMENT AGREEMENT THIS PARKING EASEMENT AGREEMENT (this "Agreement") is made as of the S 'day of June, 2008, by and between RUTHERFORD FARM, LLC, a Virginia limited liability company ("Grantor") and LOWEIS HOME CENTERS, INC. ("Grantee"), a North Carolina corporation. WITNESSETH: WHEREAS, By Deed dated April 1, 2005 and recorded among the Land Records of Frederick County, Virginia as instrument number 050006702 and Deed and Boundary Line Adjustment dated May 9, 2007 and recorded among the Land Records of Frederick County, Virginia as instrument number 070007918, Grantor is the owner of those certain parcels of land shown as "Lot I", "Lot 3", "Lot 5" and "Lot 6" on that certain plat entitled "Subdivision Plat on the Property of Rutherford Farm, LLC, Instrument Number 050006702, Instrument No. 070007918, Stonewall Magisterial District, Frederick County, Virginia", dated 01/29/07, prepared by Bury + Partners Engineering Solutions, recorded as an attachment to that certain deed entitled "Deed of Dedication of Public Roads, Storm Drainage, public Access, Public Water and Sewer and Establishment of Landscape Buffer and Woodland Buffer and Historical Interpretation Area" recorded on July 10, 2007, in the Office of Clerk of Circuit Court of Frederick County, Virginia as Instrument No. 070011052900 (the "Grantor Property"); WHEREAS, By Deed dated July 19, 2007 and recorded among the Land Records of Frederick County, Virginia as instrument number 070011910, Grantee is the owner of that certain parcel of land shown as "Lot 2" on that certain plat entitled "Subdivision Plat on the Property of Rutherford Farm, LLC, Instrument Number 050006702, Instrument No. 070007918, Stonewall Magisterial District, Frederick County, Virginia", dated 01/29/07, prepared by Bury + Partners Engineering Solutions, recorded as an attachment to that certain deed entitled "Deed of Dedication of Public Roads, Storm Drainage, public Access, Public Water and Sewer and Establishment of Landscape Buffer and Woodland Buffer and Historical Interpretation Area" recorded on July 10, 2007, in the Office of Clerk of Circuit Court of Frederick County, Virginia as Instrument No. 070011052900 (the "Grantee Property"); and WHEREAS, Grantor desires to grant and convey to Grantee a perpetual, non-exclusive easement for vehicular parking for up to twenty-five (25) vehicles in, upon, over and across that portion of Lot 3 of the Grantor Property (the "Easement Area") as more particularly described in Exhibit A, upon the terms and conditions set forth herein. Exhibit A is incorporated herein by this reference and made a part hereof. The Easement Area expressly excludes the areas planned for buildings, improvements, access drives and similar facilities and shall be limited solely to those areas striped for parking from time to time. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by Grantee to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: • CD N N 1. Grant of Parking Easement. In accordance with § 165-2713 of the Frederick County Zoning Ordinance, Grantor hereby grants, bargains, sells and conveys unto Grantee, for the benefit of Grantee and the heirs, executors, administrators, successors and assigns of Grantee and their respective Iessees, sublessees, licensees, successors and assigns, agents, employees, contractors, customers, guests, business guests and business invitees, a non-exclusive easement over, upon and across up to twenty-five (25) parking spaces located on and within the Easement Area for the sole non-exclusive purpose of vehicular parking in connection with the use and operation of the Grantee Property by Grantee and/or its lessees, sublessees, licensees, successors and assigns, agents, employees, contractors, customers, guests, business guests and business invitees during Grantee's regular business hours, in common with the Grantor and/or its lessees, sublessees, licensees, successors and assigns, agents, employees, contractors, customers, guests, business guests and business invitees, subject, however, to the covenants and conditions hereinafter set forth. The parking easement granted in this paragraph 2 (i) shall be perpetual, (ii) shall be non-exclusive, and (iii) shall not restrict the rights of Grantor and/or its lessees, sublessees, licensees, successors and assigns, agents, employees, contractors, customers, guests, business guests and business invitees to use the Grantor Property, including but not limited to the Easement Area, in any manner not inconsistent with the covenants and conditions contained herein. The Easement Area may be reconfigured, repaired, altered, modified and/or relocated by Grantor, in its sole discretion, at any time during the term hereof, provided Grantee shall otherwise have the benefit of the parking easement herein granted. 2. Parking Calculation. Grantor and Grantee hereby agree that the purpose of this Agreement is to provide the required parking to allow the Grantee to use certain other portions of the Grantee Property for outdoor display areas from time to time. Notwithstanding the foregoing, in no event shall the Easement Area, or any portion thereof, be deemed exclusively designated and reserved for Grantee, and at all times such Easement Area shall be and remain subject to use by Grantor and/or its lessees, sublessees, licensees, successors and assigns, agents, employees, contractors, customers, guests, business guests and business invitees for any use which does not materially and adversely affect the rights of Grantee as herein expressly described. In connection therewith, upon the grant of the parking easement contained herein, the parking calculation for the Grantee Property shall be 622 spaces. 3. Indemnifications. Grantee and its successors and assigns, and any future holders of the easement rights granted herein covering the Easement Area, or any part thereof, jointly and severally agree to indemnify, defend, save and hold harmless Grantor and its successors and assigns, and all future owners of the Grantor Property, or any part thereof, from and against any and all losses, liabilities, costs (including reasonable attorneys' fees), expenses, penalties, judgments, claims and damages of every kind or character arising out of the use and operation of, on or about the Easement Area by Grantee and/or its lessees, sublessees, licensees, successors and assigns, agents, employees and contractors, and including any claims brought against Grantor by customers, guests, business guests and business invitees of Grantee, except to the extent such claims or losses are caused solely by the negligence or willful misconduct of Grantor. Grantor and its successors and assigns, and any future holders of the Grantor Property, or any part thereof, jointly and severally agree to indemnify, defend, save and hold harmless Grantee and its • • O • N O W successors and assigns, and all future owners of the Grantee Property, or any part thereof, from and against any and all losses, liabilities, costs (including reasonable attorneys' fees), expenses, penalties, judgments, claims and damages of every kind or character arising out of the use and operation of, on or about the Easement Area by Grantor and/or its lessees, sublessees, licensees, successors and assigns, agents, employees and contractors, and including any claims brought against Grantee by customers, guests, business guests and business invitees of Grantor, except to the extent such claims or losses are caused solely by the negligence or willful misconduct of Grantee. 4. No Permanent Obstructions. Grantor hereby agrees that Grantor will not erect, maintain, place or leave any permanent obstruction, fence, wall or barricade which would in materially and adversely obstruct or hinder the parking easement granted herein. 5. Enforcement of Rights. In the event any party hereto fails to perform its respective obligations hereunder after receipt of written notice thereof and not less than thirty (30) days to cure, unless a greater period of time to cure such failure shall be reasonably required and the party whose obligation it shall be to cure commences to cure such failure within thirty (30) days after receipt of notice, the other party shall have the right to enforce this Agreement by an action in equity (i.e., a suit for specific performance), including the right to recover reasonable attorneys' fees (including those incurred on appeal or whether or not suit be filed) and costs if prevailing therein. 6. Nonforfeiture or Reversion. Any obligations contained herein with regard to the parking easement granted hereby shall be construed as covenants and not as conditions and any violation of any said covenant shall not result in a forfeiture or reversion of the parking easement granted herein. 7. Private Use. Nothing contained in this Agreement shall ever be deemed to create a gift or dedication of all or any portion of the Grantor Property to the general public or for any public use or public purpose whatsoever. It is the intention of Grantor and Grantee that this Agreement shall be for the mutual benefit of the Grantor Property and Grantee Property, the owner or owners thereof, and the heirs, executors, administrators, successors and assigns of Grantor and Grantee and their respective lessees, sublessees, licensees, successors and assigns, agents, employees, contractors, customers, guests, business guests and business invitees. Nothing contained herein, express or implied, shall confer upon any person or entity other than Grantor, Grantee and their respective successors and assigns any rights or remedies under or by reason of this Agreement. 8. Amendment. The provisions of this Agreement may be abrogated, modified, rescinded or amended in whole or in part only with the consent of Grantor and Grantee or the successor owners, respectively, of the Grantor Property and the Grantee Property, by amendment, in writing, executed and acknowledged by Grantor and Grantee, or such other owners, and duly recorded in the public real property records of the County of Frederick, Virginia. 9. No Partnership. None of the terms and provisions of this Agreement shall be deemed or construed to create a partnership between or among the parties hereto in their respective businesses or otherwise, nor shall it cause the parties hereto to be considered joint venturers or members of any joint enterprise. Each party to this Agreement shall be considered a separate entity 3 • co N CO and no party hereto shall have the right to act as agent for any other party hereto unless expressly authorized to do so by written instrument signed by the authorizing party. 10. Condemnation. Nothing in this Agreement shall be construed to give the owner of any tract of land covered hereby in connection with any exercise of eminent domain or transfer in lieu thereof affecting such other owner's property or to give the public or any governmental authority any rights and property not obtained from the owner of such property. The award or payment attributable to such property shall be payable only to the owner of the property which is the subject of any such exercise. 11. Miscellaneous. a. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provision or by its severance from this Agreement. b. The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this Agreement nor in any way affect the terms and provisions hereof. C. This Agreement may be executed in any number of counterparts, each of which shall be an original, and all of such counterparts together shall be deemed to constitute one original agreement. d. Grantor and Grantee covenant and agree that the servitudes, easements, rights, privileges, agreements, covenants and restrictions and all other terms hereof are covenants running with the land, binding upon and inure to the benefit of their respective successors and assigns and all other persons or entities having or hereafter acquiring any right, title or interest in the Grantor Property or the Grantee Property and all other persons and entities claiming by, through or under said owners and their respective successors and assigns. C. This Agreement, and any amendment, modification or revision thereto, shall be recorded in the public real property records of the County of Frederick, Virginia. Grantee acknowledges that there is a mortgage or deed of tnist encumbering the Grantor Property that is superior in title to the parking easement granted, however the holder thereof has executed this Agreement to acknowledge and consent to the parking easement herein granted and to subordinate the priority of such mortgage or deed of trust to the effect of this Agreement. f. Any notice, request, demand or other communication to be given to either party hereunder shall be in writing and shall be deemed to be delivered: (i) when received, if hand - delivered or (ii) if sent by mail, two (2) days following deposit of same in a U.S. Postal Service CD rV CD Ul receptacle, postage prepaid, as registered or certified mail, return receipt requested, to the addresses set out as follows (or such other address which any party may designate for itself from time to time hereafter by written notice to the other party): To Grantor at: Rutherford Farm, LLC Suite 500 8230 Leesburg Pike Vienna, Virginia 22182 Attn: Jack Waghorn cc: Smith Moore LLP 300 North 3rd Street, Suite 301 Wilmington, NC 28401 Telephone: 910-251-7001 Facsimile: 910-251-7007 Attention: Jay Neisen, Esq. To Grantee at: Lowe's Home Centers, Inc. P.O. Box 1111 (1605 Curtis Bridge Road, Wilkesboro, North Carolina 28697) N. Wilkesboro, North Carolina 28656 Attention: Sam McCoy, Real Estate Manager (FMN6) cc: Lowe's Home Centers, Inc. P.O. Box 1111 (1605 Curtis Bridge Road, Wilkesboro, North Carolina 28697) N. Wilkesboro, North Carolina 28656 Attention: Legal Dept. (LGS6) cc: McGuireWoods LLP 7 St. Paul Street Suite 1000 Baltimore, MD 21202 Attention: Patrick M. Shelley, Esq. g. This Agreement shall be governed by and enforced in accordance with the laws of the Commonwealth of Virginia. [Signatures on following page] REMAINDER OF PAGE INTEiNTION,4LLY LEFT BLANK 0 tV M IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. GRANTOR: RUTHERFORD FARM, LLC, a Virginia limited liability company By: &T� OF ) ) ss. COUNTY OF ) On this CY I day of �1%,K� _, 200-S, before me, a Notary Public within and for said County, personally appeared to me personally known, being first by me duly sworn, did say that he i the of Rutherford Farm, LLC and that said instrument was signed on behalf of said company by authority of its and acknowledged said instrument to be the free act and deed of said company. k� Notary Public' a'$1�3 j -• : o�� `' r) My commission expires: '�p��l� , a'• of �� a �h,,,,,. • • STATE OF NORTH CAROLINA } ss. COUNTY OF (,-), I KCS ) CD fV CO -j GRANTEE: LOWE'S HOME CENTERS, INC., a North Carolina corporation On this f— day of; re , 2008, before me, a Notary Public within and for said County, personally appeared hcvf,,0. aen, -+j- to me personally known, being first by me duly sworn, did say that he is the V P of Lowe's Home Centers, Inc. and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and �eyt,., '1, rdcMe4 acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires; Na,711.,Q613 - 1WRMiN NA. �1Nt�0WOOD Notary Public Wilkes County, NC My Commission Expires 3 CD CONSENT AND SUBORDINATION TO ry PARKING EASEMENT AGREEMENT o U.S. Bank National Association, the undersigned, is Lender under that certain Deed of Trust, Security Agreement, Assignment o1'Rents and Fixture Financing Statement, made as of July 19, 2007, filed July 23, 2007, as Document No. 070011978, in the real property records of Frederick County, Virginia ("Deed of Trust"). By executing this instrument, the undersigned hereby (i) consents to the execution, delivery and recordation of the Parking Easement Agreement to which this instrument is attached and (ii) subordinates the lien of the Deed of Trust to the Parking Easement Agreement with the same force and effect as if the Parking Easement Agreement was made and placed of record prior to such agreement. Lender represents and warrants that it has the full capacity, right, power and authority to execute and deliver this Consent and Subordination, and all required actions, consents and approvals therefore have been duly taken and obtained. U.S. Bank National Association, a national banking association By: Its: Senior ice President COMMONWEALTH OF VIRGINIA ) ) ss. COUNTY OF FAIRFAX ) The foregoing instrument was acknowledged before me this day of October, 2007, by Walter F. Whitt, a Senior Vice President of U.S. Bank National Association, a national banking association on behalf of said national banking association. My commission expires: 7 31l0 9 Notary Public PEN N/y°�. CONNIE PENNINGTON o`'oo"wF9 co�' ` `2 NOTARY PUBLIC OF x = COMMONWEALTH OF VIRGINIA My Commission Expires n,u,nu July 31, 2008 Exhibit A N O Legal Description of Easement Area 1-0 BEGINNING FOR THE SAME AT A POINT LYING IN THE NORTHWESTERLY RIGHT-OF- WAY LINE OF MARKET STREET, A VARIABLE WIDTH RIGHT-OF-WAY, INSTRUMENT # 070011052 AND BEING A COMMON CORNER TO LOT 4; THENCE DEPARTING SAID MARKET STREET AND RUNNING WITH LOT 4 THE FOLLOWING SEVEN (7) COURSES AND DISTANCES; 1) NORTH 47°41'30" WEST, 35.51 FEET TO AN POINT; THENCE 2) NORTH 59-08-37" WEST, 28.57 FEET TO A POINT; THENCE 3) NORTH 47°41'30" WEST, 330.44 FEET TO A POINT; THENCE 4) NORTH 11-55'17" WEST, 13.11 FEET TO A POINT; THENCE 5) NORTH 47°41'30" WEST, 199.55 FEET TO A POINT; THENCE 6) NORTH 42°18'30" EAST, 8.00 FEET TO AN POINT; THENCE 7) NORTH 47°41'30" WEST, 217.35 FEET TO AN POINT IN THE SOUTI-IEASERTLY RIGHT- OF-WAY LINE OF WINCHESTER & WESTERN RAILROAD, DEED BOOK 633 AT PAGE 712; THENCE DEPARTING THE AFORESAID LOT 4 AND RUNNING WITH SAID WINCHESTER & WESTERN RAILROAD; 8) NORTI-I 42° 18'30" EAST, 198.03 FEET TO A POINT BEING A COMMON CORNER TO LOT 2; THENCE DEPARTING THE AFORESAID WINCI-IESTER & WESTERN RAILROAD AND RUNNING WITH LOT 2 THE FOLLOWING TWO (2) COURSES AND DISTANCES; 9) SOUTH 47°46' 15" EAST, 468.20 FEET TO A POINT; THENCE 10) SOUTH 47-41-30" EAST, 161.78 FEET TO AN POINT BEING A COMMON CORNER TO LOT 3-13; THENCE DEPARTING THE AFORESAID LOT 2 AND RUNNING WITH LOT 3-B THE FOLLOWING FIVE (5) COURSES AND DISTANCES; 11) SOUTH 42°18'30" WEST, 17.50 FEET TO A POINT; THENCE 12) SOUTH 43°43'44" WEST, 52.10 FEET TO A POINT; THENCE 13) SOUTH 42°51'32" WEST, 73.76 FEET TO A POINT; THENCE 14) SOUTH 42° 18'30" WEST, 20.34 FEET TO A POINT; THENCE 15) SOUTH 47°41'30" EAST, 193.51 FEET TO AN POINT IN THE AFOREMENTIONED MARKET STREET RIGHT-OF-WAY LINE; THENCE DEPARTING THE AFORESAID LOT-313 AND RUNNING WITH MARKET STREET; 16) SOUTH 42° 18'30" WEST, 45.00 FEET TO THE POINT OF BEGINNING, CONTAINING OF 139,134 SQUARE FEET OR 3.1941 ACRES OF LAND, MORE OR LESS. LESS AND EXCEPT any areas within the above -described Easement Area which are described in that certain Operation and Easement Agreement ("OEA") between Target Corporation and Rutherford Farm, LLC for Rutherford Crossing Shopping Center, dated July 19, 2007 and recorded July 20 2007 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 070011908 as having uses other than parking, including but not limited to those areas expressly defined in the OEA as the Building Area and/or Building Areas, Permanent Access Drive, Outside Sales Area, and any such other portions of the described property which are not striped for parking from time to time. 1.0 d CD The above described tract of land is a portion of "Lot 3-A" as shown on page 9 of that certain plat entitled "Plat Showing the Dedication and Vacation of Various Easements and the Resubdivision of Lots 1, 3, 5 & 6, Rutherford harm, Instrument 070011052, Stonewall Magisterial District, Frederick County, Virginia" recorded May 9, 2008 as Instrument No. 080005730 (the "Resubdivision Plat"), which said page 9 is attached hereto as Exhibit A -I and incorporated herein and made a part of this Parking Easement Agreement. 11 EXHIBIT A-1 [ATTACHED] p N WILMINGTON 12295.11 12 GRAPHIC SCALE zoo q zao ,•' SCALE- 1" = 200' P� N42'18'30"E 1.530.75' WINCI-TESTER & WESTERN RAILROAD 588.73' — — s } 98.03`�— — — 683.99 60.00 d to r-� 01 N I I w ;• 0I I > I I z �r � L 19 a o LO vl oI� LOT I 0 � ^ zl LOT 2 Z w L27 0 o e LOT 3-A t— Co. a 0 3.1941 ACRES M "' M IzN il� � I 0:121 C) L w g L1; 3 I I LOB L198-NIA to to I6 0 ACRES L26-� 0 �' '1,159. s8.'1�1A3R0K-' N42' 16VARIAEBE7L7W0�RI9DE5-1HHgT)7 N4-21-8'3604"8.36460—.52—' 23 LT277._81 S42'18 '3' W- 412.71'17'N A O I C 26, 75' --� f— RES -fao 0.77 p 1 52 m3; C5ACRES Zr' ~� L� 1 M -j �a 00' vt 'n 0 N L1 �W m LOT 1-A N 6-C Ir'w� n 9.0201 ACRES p NCRE4 �24" LOT 1-B to 0 0.7812 ACRES ! 5 25.31' 95 06 ,,39, 150, i 1 �VAR'As�e C wonih/l�F---- - - I R_0-,W)Q `S' DEDICATION AND VACATION OF VARIOUS EASEMENTS THROUGH LOTS 1,2,3,4,5 & 6 THE RESUBDIVISIONNOF LOTS 1,3,5 do 6 RUTHERFORD FARM INSTRUMENT 070011052.STONEWALL MAGISTERIAL DISTRICTFREDERICK COUNTY VIRGINIA 0pl PH OF01,fC (YJHN E. KROBA7'H 1435B Ury ar ners R U a. CHECKED BY- ,ASK ENOINEE0.1N0 SOLUTION3 Consulting Engineers; and Surveyors Concorde Parkway. Suite 1000 Chantilly, VlrEinix 20151 Tel 703/96E-9090 Fox 703/00-1066 Aury+Partners-VA.Inc. OCopyright2007 g[11tV�'� fib+N DRAKN 8Y..• YN�4!(0all.3a10 SCALE.' 1 "=200 DATE.' 07 18 07 (0 Ci o.: SHEET 9OF' 0 • • • Bury +Partners ENGINEERING S O L UTIONS June 11, 2008 J U N 1 1 20M Ms. Candice Perkins, AICP Senior Planner County of Frederick Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Va. 22601 RESPONSE TO COMMENTS COMMENTS DATED 06/09/08 Re: Review Comments for Site Plan #38-08; Lowe's Revision (Rutherford Crossing) Property Identification Number (PIN): 43-A-100A Dear Ms. Perkins: We are pleased to submit the above referenced plan for its final review. Please find attached 7 copies of the revised final plan. The following is our response to your comment letter date June 9, 2008. Comment 1: Signature Block: A signature block for the Zoning Administrator needs to be provided on the plan. Response 1: A signature block for the Zoning Administrator has been provided on the plan. Comment 2: Plan Chance The Parking area that is being revised should be highlighted as indicated. Response 2: The Parking area that is being revised is now highlighted with a revision cloud on the plan. Comment 3: Parking Agreement: Provide a copy of the shared parking agreement between the Target and Lowe's property. Response 3: A copy of the shared parking agreement between the Target and Lowe's property is attached with this letter. BURY+PARTNERS VIRGINIA, INC 3810 Concorde Parkway, Suite 1000 Chantilly, Virginia 20151 (703) 968-9090 )703) 968-4866 Austin • Dallas • Houston • Sar, An•or•,o • Teri;j T•.(I Fairfax • williamsourg, V rg nia www burypartners corn 0 • Pnc 2 of 2 iDury--►-Par hers ENGI NE ERING SOLUTIONS I hope you find Our responses and plan revisions satisfactory t0 the comments and concerns of Staff. Should you have any gLICStIOI1S OI' requirc additional Inforination, please d0 not hesitate t0 call me at 703-968-9090. Thank you again for your assistance with this project. Sincerely, Bury+Partners — Virginia, Inc. 4 �L isle v William D. "Mark" Flunic, P.E. Director of Engineering/Senior PrOwicet Manager CD • • o 080007105 PARKING EASEMENT AGREEMENT THIS PARKING EASEMENT AGREEMENT (this "Agreement") is made as of the . n'day of June, 2008, by and between RUTIIERFORD FARM, LLC, a Virginia limited liability company ("Grantor") and LOWE'S HOME CENTERS, INC. ("Grantee"), a North Carolina corporation. WITNESSE`I'H: WHEREAS, By Deed dated April 1, 2005 and recorded among the Land Records of Frederick County, Virginia as instrument number 050006702 and Deed and Boundary Line Adjustment dated May 9, 2007 and recorded among the Land Records of Frederick County, Virginia as instrument number 070007918, Grantor is the owner of those certain parcels of land shown as "Lot 1 ", "Lot 3", "Lot 5" and "Lot 6" on that certain plat entitled "Subdivision Plat on the Property of Rutherford Farm, LLC, Instrument Number 050006702, Instrument No. 070007918, Stonewall Magisterial District, Frederick County, Virginia", dated 01/29/07, prepared by Bury + Partners Engineering Solutions, recorded as an attachment to that certain deed entitled "Deed of Dedication of Public Roads, Storm Drainage, public Access, Public Water and Sewer and Establishment of Landscape Buffer and Woodland Buffer and Historical Interpretation Area" recorded on July 10, 2007, in the Office of Clerk of Circuit Court of Frederick County, Virginia as Instrument No. 070011052900 (the "Grantor Property"); WHEREAS, By Deed dated July 19, 2007 and recorded among the Land Records of Frederick County, Virginia as instrument number 070011910, Grantee is the owner of that certain parcel of land shown as "Lot 2" on that certain plat entitled "Subdivision Plat on the Property of Rutherford Farm, LLC, Instrument Number 050006702, Instrument No. 070007918, Stonewall Magisterial District, Frederick County, Virginia", dated 01/29/07, prepared by Bury + Partners Engineering Solutions, recorded as an attachment to that certain deed entitled "Deed of Dedication of Public Roads, Storm Drainage, public Access, Public Water and Sewer and Establishment of Landscape Buffer and Woodland Buller and Historical Interpretation Area" recorded on July 10, 2007, in the Office of Clerk of Circuit Court of Frederick County, Virginia as Instrument No. 070011052900 (the "Grantee Property"); and WHEREAS, Grantor desires to grant and convey to Grantee a perpetual, non-exclusive easement for vehicular parking for up to twenty-five (25) vehicles in, upon, over and across that portion of Lot 3 of the Grantor Property (the "Easement Area") as more particularly described in Exhibit A, upon the terms and conditions set forth herein. Exhibit A is incorporated herein by this reference and made a part hereof. The Easement Area expressly excludes the areas planned for buildings, improvements, access drives and similar facilities and shall be limited solely to those areas striped for parking from time to time. NOW THE, in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by Grantee to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: 1 C7 N O N 1. Grant of Parking Easement. In accordance with § 165-27B of the Frederick County Zoning Ordinance, Grantor hereby grants, bargains, sells and conveys unto Grantee, for the benefit of Grantee and the heirs, executors, administrators, successors and assigns of Grantee and their respective Iessees, sublessees, licensees, successors and assigns, agents, employees, contractors, customers, guests, business guests and business invitees, a non-exclusive easement over, upon and across up to twenty-five (25) parking spaces located on and within the Easement Area for die sole non-exclusive purpose of vehicular parking in connection with the use and operation of the Grantee Property by Grantee and/or its lessees, sublessees, licensees, successors and assigns, agents, employees, contractors, customers, guests, business guests and business invitees during Grantee's regular business hours, in common with the Grantor and/or its lessees, sublessees, licensees, successors and assigns, agents, employees, contractors, customers, guests, business guests and business invitees, subject, however, to the covenants and conditions hereinafter set forth. The parking easement granted in this paragraph 2 (i) shall be perpetual, (ii) shall be non-exclusive, and (iii) shall not restrict the rights of Grantor and/or its lessees, sublessees, licensees, successors and assigns, agents, employees, contractors, customers, guests, business guests and business invitees to use the Grantor Property, including but not limited to the Easement Area, in any manner not inconsistent with the covenants and conditions contained herein. The Easement Area may be reconfigured, repaired, altered, modified and/or relocated by Grantor, in its sole discretion, at any time during the term hereof, provided Grantee shall otherwise have the benefit of the parking easement herein granted. 2. Parking Calculation. Grantor and Grantee hereby agree that the purpose of this Agreement is to provide the required parking to allow the Grantee to use certain other portions of the Grantee Property for outdoor display areas from time to time. Notwithstanding the foregoing, in no event shall the Easement Area, or any portion thereof, be deemed exclusively designated and reserved for Grantee, and at all times such Easement Area shall be and remain subject to use by Grantor and/or its lessees, sublessees, licensees, successors and assigns, agents, employees, contractors, customers, guests, business guests and business invitees for any use which does not materially and adversely affect the rights of Grantee as herein expressly described. In connection therewith, upon the grant of the parking easement contained herein, the parking calculation for the Grantee Property shall be 622 spaces. 3. Indemnifications. Grantee.and its successors and assigns, and any future holders of the easement rights granted herein covering the Easement Area, or any part thereof, jointly and severally agree to indemnify, defend, save and hold harmless Grantor and its successors and assigns, and all future owners of the Grantor Property, or any part thereof, from and against any and all losses, liabilities, costs (including reasonable attorneys' fees), expenses, penalties, judgments, claims and damages of every kind or character arising out of the use and operation of, on or about the Easement Area by Grantee and/or its lessees, sublessees, licensees, successors and assigns, agents, employees and contractors, and including any claims brought against Grantor by customers, guests, business guests and business invitees of Grantee, except to the extent such claims or losses are caused solely by the negligence or willful misconduct of Grantor. Grantor and its successors and assigns, and any future holders of the Grantor Property, or any part thereof, jointly and severally agree to indemnify, defend, save and hold harmless Grantee and its 2 • • o N CD CA) successors and assigns, and all future owners of the Grantee Property, or any part thereof, from and against any and all losses, liabilities, costs (including reasonable attorneys' fees), expenses, penalties, judgments, claims and damages of every kind or character arising out of the use and operation of, on or about the Easement Area by Grantor and/or its lessees, sublessees, licensees, successors and assigns, agents, employees and contractors, and including any claims brought against Grantee by customers, guests, business guests and business invitees of Grantor, except to the extent such clauns or losses are caused solely by the negligence or willful misconduct of Grantee. 4. No Permanent Obstructions. Grantor hereby agrees that Grantor will not erect, maintain, place or leave any permanent obstruction, fence, wall or barricade which would in materially and adversely obstruct or hinder the parking casement granted herein. 5. Enforcement of Rights. In the event any party hereto fails to perform its respective obligations hereunder after receipt of written notice thereof and not less than thirty (30) clays to cure, unless a greater period of time to cure such failure shall be reasonably required and the party whose obligation it shall be to cure commences to cure such failure within thirty (30) days after receipt of notice, the other party shall have the right to enforce this Agreement by an action in equity (i.e., a suit for specific performance), including the right to recover reasonable attorneys' fees (including those incurred on appeal or whether or not suit be filed) and costs if prevailing therein. 6. Nonforfeiture or Reversion. Any obligations contained herein with regard to the parking easement granted hereby shall be construed as covenants and not as conditions and any violation of any said covenant shall not result in a forfeiture or reversion of the parking easement granted herein. 7. Private Use. Nothing contained in this Agreement shall ever be deemed to create a gift or dedication of all or any portion of the Grantor Property to the general public or for any public use or public purpose whatsoever. It is the intention of Grantor and Grantee that this Agreement shall be for the mutual benefit of the Grantor Property and Grantee Property, the owner or owners thereof, and the heirs, executors, administrators, successors and assigns of Grantor and Grantee and their respective lessees, sublessees, licensees, successors and assigns, agents, employees, contractors, customers, guests, business guests and business invitees. Nothing contained herein, express or implied, shall confer upon any person or entity other than Grantor, Grantee and their respective successors and assigns any rights or remedies under or by reason of this Agreement. 8. Amendment. The provisions of this Agreement may be abrogated, modified, rescinded or amended in whole or in part only with the consent of Grantor and Grantee or the successor owners, respectively, of the Grantor Property and the Grantee Property, by amendment, in writing, executed and acknowledged by Grantor and Grantee, or such other owners, and duly recorded in the public real property records of the County of Frederick, Virginia. 9. No Partnership. None of the terms and provisions of this Agreement shall be deemed or construed to create a partnership between or among the parties hereto in their respective businesses or otherwise, nor shall it cause the parties hereto to be considered joint venturers or members of any joint enterprise. Each party to this Agreement shall be considered a separate entity 3 • � o N O -9- and no party hereto shall have the right to act as agent for any other party hereto unless expressly authorized to do so by written instrument signed by the authorizing party. 10. Condemnation. Nothing in this Agreement shall be construed to give the owner of any tract of land covered hereby in connection with any exercise of eminent domain or transfer in lieu thereof affecting such other owner's property or to give the public or any governmental authority any rights and property not obtained from the owner of such property. The award or payment attributable to such property shall be payable only to the owner of the property which is the subject of any such exercise. 11. Miscellaneous. a. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provision or by its severance from tlus Agreement. b. The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this Agreement nor in any way affect the terms and provisions hereof'. G. This Agreement may be executed in any number of counterparts, each of which shall be an original, and all of such counterparts together shall be deemed to constitute one original agreement. d. Grantor and Grantee covenant and agree that the servitudes, easements, rights, privileges, agreements, covenants and restrictions and all other terms hereof are covenants running with the land, binding upon and inure to the benefit of their respective successors and assigns and all other persons or entities having or hereafter acquiring any right, title or interest in the Grantor Property or the Grantee Property and all other persons and entities claiming by, through or under said owners and their respective successors and assigns. e. This Agreement, and any amendment, modification or revision thereto, shall be recorded in the public real property records of the County of Frederick, Virginia. Grantee acknowledges that there is a mortgage or deed of trust encumbering the Grantor Property that is superior in title to the parking casement granted, however the holder thereof has executed this Agreement to acknowledge and consent to the parking easement herein granted and to subordinate the priority of such mortgage or deed of trust to the effect of this Agreement. f. Any notice, request, demand or other communication to be given to either party hereunder shall be in writing and shall be deemed to be delivered: (i) when received, if hand - delivered or (ii) if sent by mail, two (2) days following deposit of same in a U.S. Postal Service • CD O Ul receptacle, postage prepaid, as registered or certified mail, return receipt requested, to the addresses set out as follows (or such other address which any party may designate for itself from time to time hereafter by written notice to the other party): To Grantor at: Rutherford Farm, LLC Suite 500 8230 Leesburg Pike Vienna, Virginia 22182 Attn: Jack Waghorn cc: Smith Moore LLP 300 North 3rd Street, Suite 301 Wilmington, NC 28401 Telephone: 910-251-7001 Facsimile: 910-251-7007 Attention: Jay Neisen, Esq. To Grantee at: Lowe's Home Centers, Inc. P.O. Box 11 l 1 (1605 Curtis Bridge Road, Wilkesboro, North Carolina 28697) N. Wilkesboro, North Carolina 28656 Attention: Sam McCoy, Real Estate Manager (FMN6) cc: Lowe's Home Centers, Inc. P.O. Box 11 l 1 (1605 Curtis Bridge Road, Wilkesboro, North Carolina 28697) N. Wilkesboro, North Carolina 28656 Attention: Legal Dept. (LGS6) cc: McGuireWoods LLP 7 St. Paul Street Suite 1000 Baltimore, MD 21202 Attention: Patrick M. Shelley, Esq. g. This Agreement shall be governed by and enforced in accordance with the laws of the Commonwealth of Virginia. [Signatures on following page] REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 5 • o !V CD 0"% IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. GRANTOR: RUTHERFORD FARM, LLC, a Virginia limited liability company By: Nani tle ) ss. COUNTY OF ^ ) On this W day of y.2 f `�_, 200% , before me, a Notary Public within and for said County, personally appeared to me personally known, being first by me duly sworn, did say that he i the of Rutherford Farm, LLC and that said instrument was signed on behalf of said company by authority of its and acknowledged said instrument to be the free act and deed of said company. Notary Public J My commission expires: cv �1 \ E'�'Al 7 • 0 STATE OF NORTH CAROLINA ) ss. COUN'rY OF 0,' j K ) CD iV CD --J GRANTEE: LOWE'S HOME CENTERS, INC., a North Carolina corporation On this ,c5— day of 200 8, before me, a Notary Public witlun and for said County, personally appeared �1�v�� `1. �,er�nc to me personally known, being first by me duly sworn, did say that he is the vP of Lowe's Home Centers, Inc. and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and � e-V ( 0 1). r?�enr r-jj acknowledged said instrument to be the free act and deed of said corporation. !ii • Notary Public My commission expires: 31a2/';20L3 KARIiN N� �I KWOOD Notary Public Wilkes County, NC My Commission Expires O CONSENTAND SUBORDINATION TO N PARKING EASEMENT AGREEMENT o co U.S. Bank National Association, the undersigned, is Lender under that certain Deed of Trust, Security Agreement, Assignment of'Rents and Fixture Financing Statement, made as of July 19, 2007, filed July 23, 2007, as Document No. 07001 1978, in the real property records of Frederick County, Virginia ("Deed of Trust"). By executing this instrument, the undersigned hereby (i) consents to the execution, delivery and recordation of the Parking Easement Agreement to which this instrument is attached and (ii) subordinates the lien of the Deed of Trust to the Parking Easement Agreement with the same force and effect as if the Parking Easement Agreement was made and placed of record prior to such agreement. Lender represents and warrants that it has the full capacity, right, power and authority to execute and deliver this Consent and Subordination, and all required actions, consents and approvals therefore have been duly taken and obtained. U.S. Bank National Association, a national banking association By: ffice Its:Seniorresident COMMONWEALTH OF VIRGINIA ) ) ss. COUNTY OF FAIRFAX ) The foregoing instrument was acknowledged before me thisA day of October, 2007, by Walter F. Whitt, a Senior Vice President of U.S. Bank National Association, a national banking association on behalf of said national banking association. My commission expires: 7b,5 Notary Public PENN/��'''�, CONNIE PENNINGTON Qa, 9<s'� NOTARY PUBLIC of = COMMONWEALTH ' - OF VIRGINIA --. 'RGINNP'�G,:'� My Commission Expires RY PTgf.....,' 00%o July 31, 2008 �hn nun"0 n Exhibit A o rV O Legal Description of Easement Area �10 BEGINNING FOR THE SAME AT A POINT LYING IN THE NORTHWESTERLY RIGHT-OF- WAY LINE OF MARKET STREET, A VARIABLE WIDTH RIGHT-OF-WAY, INSTRUMENT # 070011052 AND BEING A COMMON CORNER TO LOT 4; THENCE DEPARTING SAID MARKET STREET AND RUNNING WITH LOT 4 THE FOLLOWING SEVEN (7) COURSES AND DISTANCES; 1) NORTH 47°41'30" WEST, 35.51 FEET TO AN POINT; THENCE 2) NORTH 59°08'37" WEST, 28.57 FEET TO A POINT; THENCE 3) NORTH 47°41'30" WEST, 330.44 FEET TO A POINT; THENCE 4) NORTH 11°55'17" WEST, 13.11 FEET TO A POINT; THENCE 5) NORTH 47-41-30" WEST, 199.55 FEET TO A POINT; THENCE 6) NORTH 42°18'30" EAST, 8.00 FEET TO AN POINT; THENCE 7) NORTH 47°41'30" WEST, 217.35 FEET TO AN POINT IN THE SOUTHEASERTLY RIGI-IT- OF-WAY LINE OF WINCHESTER & WESTERN RAILROAD, DEED BOOK 633 AT PAGE 712; THENCE DEPARTING THE AFORESAID LOT 4 AND RUNNING WITH SAID WINCHESTER & WESTERN RAILROAD; 8) NORTI I 42° 18'30" EAST, 198.03 FEET TO A POINT BEING A COMMON CORNER TO LOT 2; THENCE DEPARTING TIIE AFORESAID WINCHESTER & WESTERN RAILROAD AND RUNNING WITH LOT 2 TIIE FOLLOWING TWO (2) COURSES AND DISTANCES; 9) SOUTH 47-46'15" EAST, 468.20 FEET TO A POINT; "THENCE 10) SOUTH 47°41'30" EAST, 161.78 FEET TO AN POINT BEING A COMMON CORNER TO LOT 3-13; THENCE DEPARTING TIIE AFORESAID LOT 2 AND RUNNING WITH LOT 3-13 TIIE FOLLOWING FIVE (5) COURSES AND DISTANCES; 11) SOUTH 42°18'30" WEST, 17.50 FEETTO A POINT; THENCE 12) SOUTH 43°43'44" WEST, 52.10 FEET TO A POINT; THENCE 13) SOUTH 42°51'32" WEST, 73.76 FEET TO A POINT; THENCE 14) SOUTH 42°18'30" WEST, 20.34 FEET TO A POINT; THENCE 15) SOUTH 47°41'30" EAST, 193.51 FEET TO AN POINT IN THE AFOREMENTIONED MARKET STREET RIGHT-OF-WAY LINE; THENCE DEPARTING THE AFORESAID LOT-313 AND RUNNING WITH MARKET STREET; 16) SOUTH 42°18'30" WEST, 45.00 FEET TO TIIE POINT OF BEGINNING, CONTAINING OF 139,134 SQUARE FEET OR 3.1941 ACRES OF LAND, MORE OR LESS. LESS AND EXCEPT any areas within the above -described Easement Area which are described in that certain Operation and Easement Agreement ("OEA") between Target Corporation and Rutherford Farm, LLC for Rutherford Crossing Shopping Center, dated July 19, 2007 and recorded July 20 2007 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 070011908 as having uses other than parking, including but not limited to those areas expressly defined in the OEA as the Building Area and/or Building Areas, Permanent Access Drive, Outside Sales Area, and any such other portions of the described property which are not striped for parking from time to time. 10 The above described tract of land is a portion of "Lot 3-A" as shown on page 9 of that certain plat entitled "Plat Showing the Dedication and Vacation of Various Casements and the Resubdivision of Lots 1, 3, 5 & 6, Rutherford Farm, Instrument 070011052, Stonewall Magisterial District, Frederick County, Virginia" recorded May 9, 2008 as Instrument No. 080005730 (the "Resubdivision Plat"), which said page 9 is attached hereto as lixliibit A-1 and incorporated herein and made a part of this Parking Easement Agreement. 11 • WILMINGTON 12295.11 EXHIBIT A-1 [ATTACHED] 12 0 N A~ I GRAPHIC SCALE 200 0 200 SCALE: 1" = 200' N42'18'30"E 1,530.75' WINCHESTER & WESTERN RAILROAD 588.73' — — 3 i98.03 — 683.99 60.00 -- -- N i N (0 I pa jiloo I� v of ^ I x o LOT 4 � � � I � �I I �, z z LOT 2 Z �I 0) L27 Lij b r LOT 3-A I— I M 0 3.1941 , o ACRES M IzN il� I �Clo .2I V' I p Ll;Z7( m I Iz z ACRES a _ Lq 1I L2z Q INN 3'_ 33pp'EE-�,,ppgg 648.34' _ I 8.66N42'1�ARKET7R� — — L1 16(VARIABLEWIDTH N42'18'30" 660.52' 23 277.81 S42-18'30"W412.716.75' CSACRES ck 0� LOT 1-A w f 6-C I- ZJ n 9.0201 ACRES =24.1s LOT 1-B i II 1 N o I- �_ 0.7812 ACRES K7 N j I I i 39g ' � 25.31' 06 f i � 1.3g • Sp Q I � � 1. L R` I �VARIABL DEDICATION AND VACATION OF VARIOUS EASEMENTS THROUGH LOTS 1.2'3'4,5 & 6AND THE RESUBDIVISION OF LOTS 1,3,5 & 6 FARMINSTRUMENT 070D11052 STONEWALL MAGISTERIAL DISTRICTFREDERICK ♦Ht•1�� TH OF `RUTHERFORD (YJH COUNTY VIRGINIA E. KRORA`I'H 1435B Ury ar ners k U s. CHECKED8Y.• J£K ENOINEERINO SOLUTIONS Consulting fingineera and Surveyors DRAKN 8Y.• MJM�(0 3810 Concorde Parkway, Sulle 1000 Tel 703/ 8-Virginia NO x 70 Tel 703/0G9-90fl0 Fez 703/OG8-I000 nurpPartners-VA, Inc. OCopyrlEAt 2007 suwq$-A $GALE.' 1 =200 DA%f.' 07 is 07 (O CI 0.: _0 SHEET 9OF: 9 • vIRGINIA: FREDERICK COUNTY, SCI'. This instrument of writing was produced to me on r/ O at Q" ;,nd with certIfIrate of acknowledgement thereto an exed was admitted to record. Tax imposed by Sea 58.1-802 of s, j; A , and 58.1-801 have been paid, if assemablo / ' Clerk • 0 FILECOPY COUNTY of FREDERICK fl June 9, 2008 Mr. Marty Smith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 Re: Review Comments for Site Plan #38-08; Lowe's Revision (Rutherford Crossing) Property Identification Number (PIN): 43-A-100A Dear Marty: Planning Staff has reviewed the above -referenced site plan to determine if administrative approval can be granted. At this time, administrative approval cannot be granted. This site plan is denied until the issues in this letter, as well as all issues of the other review agencies, have been adequately addressed. Please review Staffs comments listed below and then prepare a revised site plan which adequately addresses each concern. Review Comments 1. Signature Block. A signature block for the Zoning Administrator needs to be provided on the plan. 2. Plan Changes. The parking area that is being revised should be highlighted as indicated. 3. Parking Agreement- Provide a copy of the shared parking agreement between the Target and Lowe's property. After you have revised the site plan, please resubmit two copies so that I may verify the information contained on the plan. I will need all approved review agency comment sheets and at least five copies of the final plan for approval. An approval from the following agency is required: the Frederick County Department of Public Works (County Engineer). Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad Attachment 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 SITE PLAN APPLICATION Department of Planning and Development Use only. Date application received: ,� Application # Fees 'received: Initials. - 1. Project Title: 2. Location of Property (street address) Rutherford Crossing IoAe's 261 Market Street Wirrlmter, VA 22603 3. Property Owner: Lade's Hone Improvenent Address: 6407 Forest (rove Dr. Fredericksburg, VA 22407 Telephone: (540) 548-0014 4. ApplicanVAgent ma's H®e Iwrovement Address 6407 Forest (rove Dr. Flick k ug, VA 2.2407 Contact: Pete Rotelli Telephone: (540) 548-0014 5. Designer.- & ftryws Address: 3810 Carrarde Ruic,ay, Suite 1000 Chantilly, VA 20151 Telephone: (703) 968--M Contact: Partin Smith 6 6a. Is this a standard or'minor' site plan? Standard Minor x 6b. Is this an original or revised site plan? Original Revised x 7a. Total acreage of parcel to be developed: 12.88' Ac. 7b. Total acreage of parcel: 12.88- . Ac. 8. Property Information: pt. of 05000670k& 070007918 & 070011052 a) Property Identification Number: t OpO9ed Lowe's ellf b) Current Zoning: 13-2 c) Present Use: Retail. d) Proposed Use: Retail e) Adjoining Property Use(s) Retail/Shopping Center. f) Adjoining Property Identification Number(s) 040017164, 050006702, 0400116262 g) Magisterial District(s) Stonewall I have read the material Included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature: 1 Date: 7 n LJ r1 L Special Limited Power of Attorney County of Fredei iek, Virginia. Frederick Planning Web Site: wtviy.co.frederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginla 22601 Facsimile 540-W-6395 Phone 540.665-5651 Know All Men By Those Present: That I (We) (Name) &JY, Roit{ l i E LowA 99me ImpfAye msr t t:e,Atws (Phone) (540) 518 - 0014 (Address) 1#4d t } reeve pit, gu %1A 22 -3 the owner(s) of all those tracts or parcels ot land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 01'ogi l 052 on Pagc , and is described as o L,uwe s PACe4&.* Parcel: Lot: Z Block: Section: do hereby make, constitute and appoint: (Name) Marty Smith / Bury + Partners Subdivision: gN*Wf-FOK0 FAf A tt.LG (Phone) 703-968-9090 (Address)3810 Concorde._Parkway_suite.._1.000,_ Chantilly, Va 20151 To act as my true and lawful attorney-iti-fact for and in my (our) name, 'placc, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) _ Conditional Use Permit Master Development Plan (Preliminary and Final) _ Subdivision _✓ Site Plan Variance or Appeal Comprehensive Policy Plan Amendment My attorney -in -fact shall have tho authority to oiler proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. n' J In witness thereof, I (we) have hei to set my (our) hand and seal this day of U VIe , 200 g, Lower l-�me n�s , I✓�� b Signatures) 1 , State jo�f�lVirginia, City/County of L_._WOU'n , To -wit: I, %LLl 1� lew 11 r r 65 , a Notary Public in and for the jurisdiction aforesaid, certify that Cite porson(s) wlro signed to the foregoing instrument pe�s onally a )eared beforo me and s acknowledged the a►ne before me in tiro jurisdiction aforesaid this Zday off 200�. 1a�31 I��l of ry ublic KATHLEEN AMOS Revised 3/17108 Notary Public Commonw*alih eif VIrQInla .7083807 My Comminton•Explrgg Oct 31, 2011 E • (� Bury + Partner s Consulting Engineers and Surveyors Letter of Transmittal Bury+Partners, Inc. 3810 Concorde Parkway Suite #1000 Chantilly, Virginia 20151 703-968-9090 703-9684866 Fax To: Candice Perkins Project No.: 20225-02 comPany: Frederick County Department of Planning Dare: 06-06-08 Address: 107 North Kent Street, suite 202 cc: File Winchester, Virginia 22601 Re: Rutherford Crossing Site Plan 0 Delivery ❑ Overnight ❑ Pick -Up ❑ Courier ❑ Other Qucnuity Description of item(s) 5 copies Rutherford Crossing site plan revisions site 2 1 copy Limited power of attorney I Fee check — Notes — CONFIDENTIALITY NOTE: This transmittal may contain privileged and confidential information and is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient or the person responsible for delivering the enclosed item to the intended recipient, you are hereby notified Mat -any dissemination or copying of this item or any of its attachment(s) is strictly prohibited. If you have received this item in error, please immediately notify the sending individual or entity. M J�N 6 20Aa Document Approval Form - PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TI IE OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candic Angie Mark Dana Eric Mike , John Amber COMMENTS: Received by Clerical Staff (Date & Time): P15D 4 1 9 1 o b U:\Pam\Common\Document Approval Form.wpd