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06-03 Dogwood Landing 25 Lots - Opequon - Backfile (2)
I; MASTER. DEVELOPMENT PLAN TRACKING SHEET (Note: The application does not need to be complete to be accepted but will not be scheduled for the PC or BOS until all items have been received.) Submission Package Comment sheets from the following agencies along with �nmarked copies of the plan: VDOT County Engineer Fire Marshal �� City of Winchester Sanitation Authority% GIS (Mapping) f Inspections Dept. 7 % Parks & Recreation THealth Department qar Winchester Regional Airport One copy of the master development plan application. Appropriate number of blueprint plans, colored maps, etc. to cover the PC and BOS meetings. Submission Fee Y:7_��:fl►tef Date Application received VC Fee Paid (amount: $ 19S';�,?, 6 ) y Preliminary MDP heard by4' g�Commission -Action taken:�a-� Preliminary MDP heard by ' oard 0. Supervisors - Action taken: d� Letter to applicant regarding Board action and revisions (if required). Final MDP submitted with review agency, PC and BOS comments addressed. Final MDP signed by County Administrator and Planning Director (send two copies to applicant). Administratively approved; letter sent to applicant. NOTES: DATE: File opened. illll�� 4 Reference Manual updated/number assigned. D-base updated. %�03,' List of adjoiners given to staff member for verification. !� One black & white location map requested from Mapping & Graphics. Four sets of labels requested from Data Processing. .� File given to Renee' to update Application Action Summary. CLOSE OUT FILE: Approval (or denial) letter mailed to applicant (*Note: Be sure Joe Wilder in Public works and Jane Anderson in Real Estate receive a copy of the administrative approval letter. Jane wants a copy of the final action letter even if the application was denied or withdrawn.) %© 02-`7 d3 File II stamped app 1� roved /II t1 II denied or "withdrawn." II Q d"7 63 Reference Manual updated. o l� A.3 D-base updated. File en to Renee' for final update to Application Action Summary. File in file drawer. U \CarohCommonWrackmg sheetsURACKING.MW Rev 01/21/03 CASH Date 0 RECEIPT Received From Address v� For Dollars $ > Z, Z3- ACC O UNT HOW PAID AMT OF ACCOUNT CASH % AMT PAID I CHECK-- I BALANCE MONEY ORDER❑ By DUE CREDIT CARD❑ COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 SENT VIA REGULAR U. S. MAIL AND CERTIFIED. MAIL July 7, 2009 Dogwood Landing LLC Attn: Denver Quimlelly, Registered Agent 446 Fromans Road Winchester VA 22602 NOTICE OF VIOLATION Re: Dogwood Landing/Dogwood Village Master Development Plan (MDP) RP (Residential Performance) Zoning District Open Space Requirement — Property Identification Numbers (PIN) 86-6-1-22A, 86-6-1- 2213, 86-6-1-22C and 86-6-1-22D Recreational Unit Requirement Dear Mr. Quinnelly: This letter is regarding violations of the approved Master Development Plan ("MDP") for the above -referenced development. The Dogwood Landing MDP was approved by Frederick County on October 24, 2003. The approval of this MDP required: • Designation of certain open space, which open space is required to be conveyed to a property owners association (as to PINS 86-6-1-22A, 86-6-1-22B and 86-6-1-22D) and to Frederick County (as to PIN 86-6-1-22C), pursuant to County Code §§ 165-63 and 165- 141(B); and • Payment of $20,000 to Frederick County, for capital improvements to Sherando Park, in lieu of providing recreational units required by County Code § 165-64 and required to be shown on the MDP pursuant to County Code § 165-141(B). These requirements are noted on the MDP and have not been fulfilled. Accordingly, Dogwood Landing, LLC is in violation of County Code §§ 165-63, 165-64 and 165-141(B). Dogwood Landing, LLC is responsible for resolving these violations because it is the title owner of 107 North Kent Street, Suite 202 0 Winchester, Virginia 22601-5000 tK Dogwood Landing LLC Attn: Denver Quinnelly, Registered Agent July 7, 2009 Page 2 designated open space parcels (and therefore no other party has the authority to convey the parcels) and because, at all relevant times, Dogwood Landing, LLC owned all previously unimproved portions of the Dogwood Landing/Dogwood Village development during the time in which development improvements were made. This office will allow thirty (30) days from the date of this letter to resolve these violations. Specifically, resolution of these violations may be accomplished by: Transferring of PINs 86-6-1-22A, 86-6-1-22B and 86-6-1-22D to the property owners association; 2. Transferring of PIN 86-6-1-22C to Frederick County; and 3. Payment of $20,000 to Frederick County. Failure to resolve these violations will result in appropriate legal action being filed against Dogwood Landing, LLC. You have the right to appeal this notice of violation within thirty (30) days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with County Code § 165-155(A)(1). This provision requires the submission of an application form, a written statement setting forth decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $250 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Contact me at 540-665-5651 with any questions you may have. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad November 20, 2008 Mr. Mark R. Cheran — Zoning Administrator Frederick County Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 RE: Dogwood Landing/Village Master Plan Dear Mark, We are in receipt of your letter dated October 22, 2008 regarding a land transfer to Frederick County and a $20,000.00 payment to Frederick County Parks Department. The rezoning application and master development plan was submitted to Frederick County by the owner of the property, Mr. Thomas W. Grove. Frederick County approved his rezoning request and master development plan in October 2003. As such all land transfers and cash payments are between the applicant/owner, Mr. Thomas W. Grove and Frederick County and should have been paid/transferred by him at the time of master plan approval. Dogwood Village purchased the property at a later date from Mr. Grove and the purchase of the property was exclusive of any proffers. You will need to contact Mr. Grove to resolve this issue as Dogwood Village is not part of any rezoning or master plan approval for this property and is not involved in any land transfers or proffer payments as part of the agreement between Frederick County and the owner/ applicant. Member / Manager CC: Ben Butler, Esquire Ron Mislowski — PHRA John Riley — County Administrator 14 W. Boscawen Street • P.O. Box 558 • Winchester, VA 22604 • Tel: (540) 662-7160 • Fax: (540) 662-8802 - tob 4-40 a UODU441aII CC) THIS DEED made and dated this 26' day of September, 2003, by and between M RTHA L. FULTON (formerly Martha M. Sandy) party of the first part, hereinafter called the Grantor, and T. W. GROVE INCORPORATED, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty and English Covenants of title unto the Grantee, in fee simple absolute, all of that certain tract or parcel of land, lying on the north side of Virginia Secondary Route 277 in the Opequon District of Frederick County, Virginia, containing 7.65 acres in the aggregate and more particularly described as Parcel A containing 5.65 acres, Parcel C containing 2.00 acres, and Parcel D containing 0.75 acres, as shown on the plat of survey drawn by Thomas C. Glass, dated January 22, 1975, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 439 at Page 901, attached hereto and by this reference made a part hereof as if set out in full AND BEING the same land conveyed to John M. Sandy and Martha M. Sandy, his wife, as joint tenants with common law right of survivorship by deed dated December 2, 1968 of record in the Clerk's office of the Circuit Court of Frederick County, in Deed Book CD _r CD co 350 at Page 19 and by deed dated the 24' day of January, 1975 of record in the aforesaid Clerk's office in Deed Book 439 at Page 898. John M. Sandy died on the 21 day of August, 1981, survived by Martha M. Sandy who subsequently remarried and is now known as Martha L. Fulton. WITNESS the following signature and seal. (SEAL) MARTHA L. FULTON STATE OF VIRGINIA, CITY OF WINO STER, TO -WIT: I, • a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that MARTHA L. FULTON, whose name is signed to the foregoing Deed, dated this 26' day of September, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this r�e— day of 2003. My Commission expires /- :?/-o 7 3`GOT. = NOTARY LIC PU K Ry,,�q� :' •° PUBLIC %• ]oen FvkWA:w..a-B*00-c,..,e.40. N�`••'•• �- �: '•�?�:� •..3, -o_. VIRGIlVIA: TREDERI �- CtC COUNt"Y, S N, Or V1PG�.``• This instrument 0nwriting was prodduuced tomeon rgrhrtlttttP� /O ^ /C/ ' 2 and with certificate of ;:' � mviedzement thereto anne admitted to recorr, 1' int€wsed by Sec 58.1-802 ,was dp and 58.1-801 have been paid, if assessa 0 ©40006302 THIS DEED OF CORRECTION made and dated this 13' day of April, 2004, by and between MARTHA L. FULTON (formerly Martha M. Sandy) party of the first part, hereinafter called the Grantor, and T. W. G$QVE INFORPORATED. party of the second part, hereinafter called the Grantee. WHEREAS, by Deed dated September 26, 2003, the Grantor conveyed certain property to the Grantee containing 7.65 Acres and incorrectly cited that Parcel C contained 2.00 Acres and Parcel D contained 0.75 Acres, when in fact Parcel C contained .75 Acres and Parcel D contained 1.25 Acres, as shown on the plat of survey drawn by Thomas C. Glass, dated January 22, 1975, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 439 at Page 901; and, WHEREAS, the parties further desire that the Grantor grant and quitclaim any interest which the Grantor had in a certain sixty -foot (60') wide right-of-way as shown on the plat of survey drawn by Lee A. Ebert dated October 21, 1968 of record in the aforesaid Clerk's Office in Deed Book 350 at Page 22; and this Deed of Correction is submitted accordingly. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general IOPP O N O warranty and English Covenants of title unto the Grantee, in fee simple absolute, all of those certain tracts or parcels of land, lying on the north side of Virginia Secondary Route 277 in the Opequon District of Frederick County, Virginia, containing 7.65 acres in the aggregate and more particularly described as Parcel A containing 5.65 acres, Parcel C containing .75 acres, and Parcel D containing 1.25 acres, as shown on the plat of survey drawn by Thomas C. Glass, dated January 22, 1975, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 439 at Page 901, and by this reference made a part hereof as if set out in full; AND BEING the same land conveyed to John M. Sandy and Martha M. Sandy, his wife, as joint tenants with common law right of survivorship by deed dated December 2, 1968 of record in the Clerk's Office of the Circuit Court of Frederick County, in Deed Book 350 at Page 19 and by deed dated the 241 day of January, 1975 of record in the aforesaid Clerk's Office in Deed Book 439 at Page 898. John M. Sandy died on the 2'd day of August, 1981, survived by Martha M. Sandy who subsequently remarried and is now known as Martha L. Fulton. For further consideration, receipt of which is hereby acknowledged, the Grantor does hereby grant, convey and quitclaim unto the Grantee, all of her right, title ra 1P 0 N and interest, if any, in and to that certain sixty -foot (60') wide right-of-way, as shown on the survey drawn by Lee A. Ebert, C.L.S., dated October 21, 1968, of record in the aforesaid Clerk's Office in Deed Book 350 at Page 22 and which right-of-way is known as "Land Grant Lane." WITNESS the following signature and seal. . (SEAL) MARTHA L. FULTON STATE OF VIRGIMA, CITY OF WINO STEP T -WIT: I, �,, a Notary Public in and for the State and jurisdiction resaid, Kherie6y certify that MARTHA L. FULTON, w e name is signed to the foregoing Deed of Correction, dated this 13' day of 2004, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 1 &day of &1z , 2004. My Commission expires /-Z OZ NOT. 10972 FuLWWA VDwd of Cawdm- FultoeGo ;W V,RC;INIA! FRRDLRICK COUNTY, SCr. This instrument of writing was rrodaaed tome on `/- aZ0-fI Y a, q_,n 3 and 601 cc -,;Bette of acknowledgement thereto annexed was admitted to record. T irn W"ed by Sce 58.1-802 of and 58.1 •SD1 have been paid, if assessable 'Clerk .►�SeyJr:.;-Sai� P118Llr %�OF vivo""N� ��++,filltltut",,. 3 VO 040006903 TAX MAP NUMBER: 86r((A))-142 DEED THIS DEED is made and entered into this 19_ day of April, 2004, by and between T. W. GROVE, INCORPORATED., a Virginia Corporation, (sometimes referred to as T. W. Grove, Inc.) Grantor, herein called Grantor, and JERRY A. TAYLOR and DONNA M. TAYLOR, husband and wife, of 134 Le,?S ,-,,d La—e s ✓A ol-tGs s' , Grantees, herein called Grantees. WI'I'NESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid to the Grantor, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with General Warranty and English Covenants of Title, unto the Grantces as Tenants by the Entireties and not as Tenants in Common with the Express Right of Survivorship as at Common Law, all that certain tract or parcel of real estate located just off State Route 277 (Fairfax Pike) near Stephens City, in Opequon Magisterial District, Frederick County, Virginia, and containing 0.4917 acres, more or less. Said real estate is shown with more particularity on that certain "PLAT SHOWNING BOUNDARY LINE ADJUSTMENT OF THE PROPERTY OF T. W. GROVE, INCORPORATED" made by Randy A Stowers, Land Surveyor, dated March 25, 2004, and which is recorded in the Clerk's Office of the Circuit Court of Frederick County, H 0 N N v N G3 Virginia, as Instrument Number 040005416. The aforesaid plat is incorporated herein and made a part of this deed by reference. The aforesaid real estate is a portion of the real estate conveyed to the Grantor herein by deed dated September 26, 2003, from Martha L. Fulton, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument Number 030023541. This conveyance is made together with that certain drain field easement for the purpose of maintaining a septic drain field and necessary lines for said drain field for the use of the existing dwelling on the real estate herein conveyed, said drain field easement being shown with more particularity on the aforesaid Stowers plat of survey and referenced therein as Note Number 3. Said drain field easement is temporary in nature and said easement shall be vacated at such time as the existing dwelling on the real estate herein conveyed is connected to and served by public sewer utility, By executing this deed, the Grantees do hereby agree to execute the necessary document of vacation of said drain field easement at such time as the said dwelling is served by public sewer utility. This conveyance is subject to that certain 10' slope maintenance, grading, drainage and utility easement along the northern boundary line of the real estate herein conveyed which runs 118.91 feet along said line, for the purposes stated herein and which may be used in the preparation and development of the adjoining real estate of the Grantor herein, his successors, heirs or assigns, for said purposes in the development of said remaining real estate. Said 10' easement is shown with more particularity on the aforesaid Stowers plat of survey. 2 a N .r' This conveyance is made together with that certain 50' private access easement to and from the real estate herein conveyed and State Route 277 (Fairfax Pike). The parties anticipate that "April Avenue" will be constructed to provide access to and from State Route 277, Landgrant Lane, and the real estate herein conveyed and the remaining real estate of the Grantor which is to be developed as Dogwood Landing Subdivision. At such time as the April Avenue construction is complete and available for use as an ingress and egress means for the real estate herein conveyed to and from Landgrant Lane and/or State Route 277 that the said Grantees, their heirs, successors or assigns shall use and have the right to use April Avenue as their means of ingress and egress and will execute any necessary vacation documents at such time to vacate the 50' private access easement granted herein. Said easement area is shown with more particularity as Note Number 5. on the said Stowers plat of survey. This conveyance is made together with an easement of right of way over and across that certain area designated as "Right of Way for Future Road Construction Hereby Granted" and set forth as Note #6 on the aforementioned plat of Boundary Line Adjustment, said easement to provide a means of ingress and egress to and from the subject real estate and Route 277 (Fairfax Pike). This conveyance is made together with and subject to the right of the Grantor, its successors or assigns to enter upon the area shown as "Note Number 6." on the aforesaid Stowers plat of survey for future road construction of "April Avenue" as contemplated hereinabove. Said easement or right of way is for the purpose of constructing, building, grading and maintaining the said April Avenue for ingress - egress to and from the real estate herein conveyed and the said Dogwood Landing 3 t 4 Subdivision. . The conveyance is further made subject to the following protective covenants: 1. LAND USE AND BUILDING TYPE, A. Any utility or other out building on any lot shall be of the same material and construction as the main structure on such lot. B. No structure of a temporary nature such as a trailer, tent, shack, garage, barn, partially completed home, mobile home, camper and the like, may be occupied at any time as a residence. 2. PARKING: A. No power boats, mobile homes, motor homes, campers, commercial buses, trailers of any type, tractors, truck (other than automobiles, motorcycles, pickup trucks of % ton (or less) or vans) or school buses shall be permitted on any lot except during the course of construction, provided, however that motor homes and campers are allowed for any consecutive period of less than 48 hours during a consecutive 30 day period, on any lot. B. No motor vehicle or material portion thereof, which does not have a current Virginia inspection sticker, shall be permitted on any Lot. No commercial or business vehicle, of any type, unless excepted herein as to size, shall be allowed to park on any lot in said subdivision at any time, after the construction of a dwelling house has been completed. This provision shall not apply to any vehicle that is kept in the garage. 3. NUISANCES: A. No noxious or offensive activities shall be carried on upon any lot, 4 v N G11 nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood. B, No animals of any kind (including, livestock, poultry or birds) shall be permitted on any lot, except that dogs, cats and other usual household pets may be kept, provided that they are not kept, bred or maintained for commercial of charitable purposes or in unusual numbers. C. No above ground swimming pools are to be used that extend more than eighteen inches (18") above grade. D. No TV or radio antennas are to exceed a height of more than six feet (6') above the top roof line of any dwelling and any satellite dishes mounted on the ground shall not exceed five feet (5') in height and shall be screened from view and any satellite dished mounted on the roof or dwelling unit shall not exceed twenty-four inches (24") in diameter. Any solar heating panels shall be mounted on the rear portion of the roof and shall not be allowed on the front portion of the roof. E. No lot shall be used or maintained as a dumping ground of refuse of any type. No refuse or anycontainer for same shall be placed or stored in front of any dwelling unit but on the day of refuse pickup. Open storage of building materials or building debris of any nature is prohibited after the initial construction period. 4. SIGNS: A. No signs or advertising of any nature shall be erected or maintained on any lot except For Sale signs which shall not exceed five square feet in area. 5. FENCING: A. All fencing shall be constructed of wood only and shall be located on 5 C) N in the rear portion of property behind the dwelling unit. No chain link fencing shall be allowed. 6. MAINTENANCE OF HOME AND GROUNDS: A. The Dwelling unit and the lot on which the dwelling is located are to be reasonably maintained so as to not adversely affect the character of the neighborhood. B. The dwelling shall be served by a private road connected with the State road and there shall be no road maintenance fees required to be paid by the owner of this lot to any home owner's association or other organization. 7. TEMPORARY ACCESS FOR CONTIGUOUS DEVELOPMENT A. The Developer of the adjacent and contiguous real estate on which a 22 lot subdivision is proposed and planned is granted the right to come upon the real estate conveyed herein for various development purposes, to include, but not limited to, sewer, and other utility line construction and hook-ups, construction of a road to said 22 lot development and other related development matters. B. The Developer will provide a temporary road for ingress and egress to and from the property herein conveyed and the State road until said development is completed. The rights and easement for developer to use the property herein conveyed shall terminate upon the completion of said development or the day of whichever first occurs. This conveyance is made together with and subject to all easements, rights of way, reservations and restrictions of record affecting the aforesaid real estate. Reference is hereby made to the aforesaid plats, deed, and records for a 6 C N co more complete description and further derivation of title. WITNESS the following signature and seal: T. W. GROVE, INCORPORATED By_ :�Gr/ tir^--(SEAL) omas W. Grov resident STATE OF VIRGINIA Gay C'0U TY OF W , TO -WIT: The foregoing instrument was acknowledged before me this /'I day of April, 2004, by Thomas W. Grove, President of T. W. Grove, Incorporated. My Commission Expires: r� helt _r_ vUINIA! FREDERICK COUNTY, SCT. 1'nis instrumcnt of writing was prodnond to me on y and with ccrtifi-le of acknowiedgeme"t theerctto An"e 56.1-802 c was admittcd to record. T impoeecl t y thOf 5 o %, 0 0 , and 54.1-001 have been Pad, if asKlsable 4ewc A�?O-v_ twk r 080009044 DEED OF MODIFICATION 0 N N THIS MODIFICATION IS NON TAXABLE PURSUANT TO SECTION 58.1-809 OF THE CODE OF VIRGINIA, 1950 AS AMENDED. THIS DEED OF MODIFICATION, made this ; 4 day of JJ 2008, by and between T. W. GROVE, INC., a Virginia corporation, Grantor, and JERRY A. TAYLOR and DONNA M. TAYLOR, husband and wife, Grantees. WHEREAS, by deed dated April 19, 2004 and recorded in the office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 040006903 ("Deed"), the Grantor conveyed the real estate hereinafter described in Exhibit "A", which is attached hereto and incorporated herein as if set out in full, to Grantees subject to protective covenants. Grantor and Grantees wish to modify said covenants as stated therein: NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, the receipt of which is hereby acknowledged by the Grantor, the Grantor does hereby modify the Deed's protective covenants as follows: Covenant 2 - Parking: A. No mobile homes, motor homes, campers, commercial buses, tractors, trucks (other than automobiles, motorcycles, pick up trucks of 3/4 ton or less, or vans) or school This Instrument pfeparal without benefit of title examination by Lawson and Silek, P.LC. P. O. Box 2740 Winchester, VA 22604 Tax Map No 6-A•142_ Consideration: _,jQQQ Return to: Thomas Moore Lawson, Esquire Lawson and Silek, P.L.C. P. O. Box 2740 Winchester. VA 22604 Grantee's Address: 104 Apnl Avenue Stephens City, VA 22655 a.. CD tv w buses shall be permitted on any lot except during the course of construction, provided, however, that no motor homes or campers are allowed for any consecutive period of less than forty eight (48) hours during a consecutive thirty (30) day period, on any lot. Further, any boat or trailer may be parked or kept on the lot provided said boat or trailer is parked in the east side -yard, or rear yard of the house as constructed on the property. 2. Covenant 5 - Fencing: A. All fencing shall be constructed of wood or synthetic materials. Picket fencing may be located forward of the front corners of the house, as constructed on the lot, provided that such fencing shall be a maximum four and one-half (4 1/2) feet in height. Fencing located behind the front corners of the house, as constructed on the lot, shall not be restricted as to height or construction. Notwithstanding what is stated above, no chain link fencing shall be allowed. All other aspects of the Deed's protective covenants shall remain in full force and effect. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Wgrr.L/\ - , to -wit: The foregoing instrument was acknowledged before me this day of vJ , 2008, by Thomas W. Grove, President of T. W. Grove, Inc. i U, I's Notary Public a��� tti My Commission Expires: ,�ER WIL<N%,,� My Registration Number: RY P is P U''. REG A B!� n Z 7134894 `;i COMMISSION Z z ,y EXPIRES 2/28111 JQ\: ����nyFALTH OF``�• c) ry C. ) N EXHIBIT "A" All that certain tract or parcel of real estate located just off State Road 277 (Fairfax Pike) near Stephens City, in Opequon Magisterial District, Frederick County, Virginia and containing 0.4917 acres, more or less. Said real estate is shown with more particularity on that certain plat entitled, "Plat showing boundary line adjustment of the property of T. W. Grove, Incorporated" made by Randy A. Stowers, Land Surveyor, dated March 25, 2004 and which is recorded in the Clerk's office of the Circuit Court of Frederick County, Virginia as Instrument No. 040005416. And being the same property conveyed by Grantor to Grantees by Deed dated April 19, 2004, and recorded in the aforesaid Clerk's Office as Instrument No. 040006903. VIRGINIA: FREDERICK COUNTY.SCT- This instrument of writing was produced to me On and wi�IL--LIWled�semcnt thereto annexed was admitted to record. 1'ae iminned by Sec. 58.1-80201 a��, and 58.1-801 have been paid, if assessable. 6 , Clerk Gti• w [ DCD Q t b " QGG w CC �� J Iyo 01,E C.J Pike Cc b 3 5 Fairfax 8 � lash 3 : b� 7 BOnga�° d VICINITY MAP r 1"-1,500' APPRO Y n SUBDIVISIONII DATE OWNER'S CERTIFICATION: THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF PROPERTIES OF T.W. GROVE, INC., AS APPEARS ON THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER, PROPRIETORS AND TRUSTEES, IF ANY. Al BY: FOR T.W. G , INCORPORATED NOTARY PLI UC STATE OF` 1! i rrx iA %C CITY/COUNTY OF 1.A ) Inehes +to,' THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON Al BY MY COMMISSION EXPIRE 11�7� (NOTARY PUBLIC) NOTES: 1. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES AND RESTRICTIVE COVENANTS ON THE PROPERTY. 2. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NEITHER INVESTIGATED NOR CONFIRMED DURING THE PERFORMANCE OF THIS SURVEY BY THIS FIRM. 3. DRAINFIELD EASEMENT HEREBY GRANTED. (TO BE VACATED AT SUCH TIME AS THE EXISTING DWELLING IS CONNECTED TO PUBLIC SEWER) 4. 10' SLOPE MAINTENANCE, GRADING, DRAINAGE do UTILITY EASEMENT HEREBY GRANTED. 5. 50' PRIVATE ACCESS EASEMENT HEREBY GRANTED. (TO BE VACATED UPON CONSTRUCTION OF APRIL AVE.) 6. RIGHT-OF-WAY FOR FUTURE ROAD CONSTRUCTION HEREBY GRANTED. 7, THIS PARCEL HEREBY CREATED SHALL BE THE FIRST STEP IN THE IMPLEMENTATION OF FREDERICK COUNTY APPROVED MASTER DEVELOPMENT PLAN #06-03 DOGWOOD LANDING, INCLUDING 21 ADDITIONAL LOTS AND OPEN SPACE. SURVEYOR'S CERTIFICATION I, RANDY A. STOWERS, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES SHOWN HEREON ARE THE SAME PROPERTIES CONVEYED TO T.W. GROVE, INC. BY DEED RECORDED AT INSTRUMENT #030023541 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. PLAT SHOWING BOUNDARY LINE ADJUSTMENT OF THE PROPERTY OF R T.W. GROVE, INCORPORATED INST. N 030023541 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS NOTED DATE: MARCH 23, 2004 v RANDT > giibert w. ciifford do associates NO. 00m A DIVISION OF OA S- cv� PATTON HARRIS RUST do ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET. WINCHESTER. VIRGINIA 22601 (540) 567-2130 SHEET 1 OF 3 0 r.1 CURVE TABLE --I CURVE RADIUS DELTA LENGTH TANGENT BEARING C14ORD Cl 25.00 100"12'04" 43.72 29.90 N57'28'21 "E 38.36 C2 125.00 25'54'21" 56.52 28.75 N05'34'52"W 56.04 C3 25.00 53-58*05" 23.55 12.73 N45'31'05"W 22.69 C4 60.00 59'58'01" 62.80 34.62 S42'31'07"E 59.97 C5 25.00 5 '58'05" 23.55 12.73 N39'31'09"W 22.69 C6 25.00 53'58'05" 23.55 12.73 N86'30'46"E 22.69 C7 60.00 35'41'21" 37.37 19.32 S77'2 '2 "W 36.77 C8 25.00 53'54'05" 23.52 12.71 N68'16'01"E 22.66 C9 475.00 6*30'12" 53.92 26.99 N38'03'52"E 53.89 C10 175.00 .26'54'35" 82.19 41.87 N00'57'44"W 81.44 C11 25.00 .84'55'11" 37.05 22.88 S29'58'02"E 33.75 C12 175.00 4'07'00" 12.57 6.29 N16'28'32"W 12.57 C13 25.00 53'58'05" 23.55 12.73 SOB'27'01"W 22.69 C14 60.00 45'01'52" 47.16 24.87 N12'5'07" 45.95 C15 35.00 1 50'23'45" 30.78 1 16,47 S15'36'03"W 29.80 C16 525.00 1 7'00'43" 64.25 1 32.17 N37-17'34"E 64.21 LINE TABLE LINE BEARING LENGTH L1 S8011'35"E 136.60 L2 N69'58'19"E 49.58 L3 N18'32'02"W 14.17 L4 N66'30'12"W 52.74 L5 S66'30'12"E 52.00 L6 N65'51'11"W 50.79 L7 N60'43'05"W 30.76 L8 N38'28' 7"W 50.00 L9 N51'31' "E 100.00 L10 S 8'28'27"E 50.00 L11 S51'31'33"W 89.20 L12 S60'43'05"E 27.82 L13 S18'32'02"E 14.17 L14 S65'51'11 "E 1 50.79 L15 N71'27'58"E 1 26.78' PLAT SHOWING BOUNDARY LINE ADJUSTMENT OF THE PROPERTY OF T.W. GROVE, INCORPORATED INN >i 0300L 541 DIET OPEOUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA ���SCALE: !RMY AS NOTED DATE: MARCH 23. 2004 gilbert w. clifford do associates m A DIVISION of =of/ PATTON HARRIS RUST do ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, 11ANCHESTER, VIRGINIA 22601 (540) 507-2139 SHEET 2 OF I PIN 86-((A))-143C COUNTY OF FREDERICK D.B. 440, PG. 421 C� S73'23'57'E 300.19' w J57.2 .--IClT I � i p w 2 I z W i To 7 j !- 1 �+ O1 O v� PIN 86- a_ `$ NEW AREA �(A))-142A rQ.n 5.9000 ACRES ai 1 v► ,�, 1 a �a_ ( 20' sroRu ACE z Q r * (HEREBY GRANTED) ESMl d0 Z r SEE NOTE 1 a O 2 SEE NOTE # 4 ! W 1 r <\o m L o j r a 1- .F C b V N Z jti- z Doom '1 / o f.5 3 W � f� m o 52.73' ^' A i 1 L1 in r v i � y L4 03 -1 �R NEW AREA 6 (0. 917 AC C12 N72'25 3$ w RES SEE NOTE cl 98.84 i \0 SEE NOTE III ;� N72'25 38 W 302.85' ROUTE 277 FAIRFAX PIKE I. (60' R/W) Lm • PLAT SHOWING BOUNDARY LINE ADJUSTMENT OF THE PROPERTY OF T.W. GROVE, INCORPORATED IN5T. # 030023541 DPEbL16N MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1' - 100' DATE: MARCH 23, 2004 gilbert w. clifford do assoclotes A DIVISION OF PATTON HARRIS RUST do ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, MNCHESTER, VIRGINIA 22601 (540) 657-2139 SHEET 3 OF qw VIR(iIMA: FREDERICK COUNTY, SCT. 'Lis instrument of writi4 was produced to me on �2-? at and witfi certificated acknowtedgement the eto a wwd w:��and to co r3. T imposed by Sec. 58.14M of 5M.1-801 have been paid, if asseuable , Clerk 0 w J 040,12161 0 0 THIS DEED made and dated this -28day of , 2004, by and between T.W. GROVE, INCORPORATEED, a Virginia corporation, party of the first part, hereinafter called the Grantor, and DOGWOOD LANDING, LLC, a Virginia limited liability company, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty and English Covenants of title unto the Grantee, in fee simple absolute, all of that certain tract or parcel of land lying and being situate along the north side of Route 277 (Fairfax Pike) in Opequon Magisterial District, Frederick County, Virginia, and more particularly described as follows: TRACT ONE: All that certain tract containing 5.900 acres (Tax Map No. 86-A-142) and more particularly described by plat of survey drawn by Randy A. Stowers, Land Surveyor, dated March 25, 2004, which is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 04-0005416, and by this reference made a part hereof as if set out in full; TRACT TWO: All that certain tract of land lying to the east and contiguous with Tract One above and containing 1.25 acres (Tax Map No. 86-A- l 41); Page 1 of 2 AND BEING the same land conveyed to T. W. Grove, Incorporated, a Virginia corporation, by Deed dated September 26, 2003 and Deed of Correction dated April 13, 2004, of record in the aforesaid Clerk's Office as Instrument Nos. 03-0023541 and 04-0006902, respectively, LESS AND EXCEPTING that certain 0.4917 acres conveyed to Jerry A. Taylor and Donna M. Taylor by Deed dated April 19, 2004, of record in the aforesaid Clerk's Office as Instrument No. 04-0006903. This conveyance is made subject to all rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals. T.W. GROVE, INCORPORATED By i..,.��/i%�,�. _,� (SEAL) omas W. ove, Presi ent STATE OF VIRGINIA, OF TO -WIT: QI, a Notary Public in and for the State and jurisdiction of esaid, do here y certify that Thomas W. Grove, President of T.W. Grove, Incorporated, a V' inia corporation, whose name is signed to the foregoing Deed, dated they o 2004, has personally appeared before me and acknowledged the same in y State and jurisdiction aforesaid. Given under my hand this � day o 2004. My Commission expires 2 M(3M&' FREDEFUCK COUNW, scr. N ARY LIC This itutru Mft of rrrians VM prodaMd to me on with certificate of admowiedgemwt thereto umeud SQi ti�1 'a1 Y admitted to Cord. Tax tmpoxd by Sx 58.1-M2 of . O 4 77A.m0 , and 58.1-801 have been paid if meaable Page 2 of 2 •'•., �/RG��`' .� �� .. r.. ,Clerk op�TA�`f FJ 040010162 Parcel Identification Number(s)/Tax Map Reference Number(s) 86—A-142 and 86—A-141 Mail after recording to: NOTICES PERMITTED OR REQUIRED Branch Bankina and Trust Co. of Virginia UNDER VIRGINIA CODE 955-58.2, AS 115 North Cameron Street AMENDED, MAY BE SENT OR DELIVERED Winchester. VA 22601 TO: This instrument was prepared by: Branch Banking and Trust Co. of Virginia BRANCH BANKING AND TRUST COMPANY OF VIRGINIA 823 East Main Street Floor 11 Richmond, VA 23219-3310 I Recording: Time, Book and Page VIRGINIA DEED OF TRUST THIS IS A CREDIT LINE DEED OF TRUST THIS CREDIT LINE DEED OF TRUST AND SECURITY AGREEMENT ("Deed of Trust") is made as of this 28th day of June, 2004 , by and between: GRANTOR (Include Address) TRUSTEE (WHETHER ONE OR MORE "GRANTOR") BB&T-VA Collateral Service Corporation 823 East Main Street, Floor I I DOGWOOD LANDING LLC Richmond, VA 23219-3310 ("Trustee" and for recordation purposes "Grantee") 446 FROMANS ROAD BENEFICIARY BRANCH BANKING AND TRUST COMPANY OF VIRGINIA, a Virginia banking corporation WINCHESfER, VA 22602-OOM 823 East Main Street Floor 11, Richmond , VA 23' 19-3310 ❑ ('Beneficiary" and for recordation purposes "Grantee") IF BOX CHECKED, THIS DEED OF TRUST SECURES AN OBLIGATION INCURRED FOR THE CONSTRUCTION OF AN IMPROVEMENT ON LAND. THE FOLLOWING INFORMATION APPLIES TO THIS DEED OF TRUST: 1. The maximum aggregate principal amount of the Debt (defined below), including present and future advances, secured by this Deed of Trust is ONE MILLION FOUR HUNDRED TEN THOUSAND DOLLARS & 001100 (S 1,410,000.00 ) Dollars. 2, The Debt, on the date hereof, is evidenced by a Note and/or other Document described by name, parties, dollar amount and date as follows: Note dated rune 28 2004 in the amount $ l.alo,000.00 executed by DOGWOOD LANDING. LLC and may be evidenced by and shalt be at all times deemed to include, any Notes or other Documents (defined below) now or hereafter evidencing any debt whatsoever incurred by Grantor and payable to Beneficiary, the terms of which are incorporated herein by reference. 3. Pursuant to the provisions of Section 55-58.2, of the Virginia Code, this Deed of Trust secures the payment of the Debt, including present and future advances. 4. No execution of a written instrument or notation shall be necessary to evidence or secure any future advances made hereunder. 5, The real property which is the subject of this Deed of Trust is located in or new the City of or in the County of FREDERICK in the Commonwealth of Virginia, and the legal description of the real property are set forth as follows: SEE ATTACHED SCHEDULE "A" FOR LEGAL DESCRIPTION 1405VA (0401) Page 1 of 7 Parcel Identification Number(s)fTax Map Reference Number(s) B6-A-142 and 86-A-141 STATEMENT OF PURPOSE: In this Deed of Trust reference shall be made simply to the "Note or other Document", and such a reference is deemed to apply to all of the instruments which evidence4r describe the pebt, or which secure its pay ant, and to all renewals, extensions and modifications thereof, whether heretofore or hereafter executed, and incl des without limitation all writings described ggenerally and specifically on the first page of this Deed of Trust in numbere�y paragraph 2. This Degd of Trust shall secure the erformancg of all obligations of Grantor and of any third party to Beneficiary which are described in this Deed of Trust, in the Note or other Document, and such performance includes the pa. ment of the debt. In this Deed of Trust the definition of "Debt" include: (i) the. principal; (ii1 all accrued interest including possible fluctuations of the interest rate i so prgvi ed in the ote or other Document; (fill a renewals, extensions or modifications of any obligation under the Note or other Document (even if such renewals, extensiopns,, or modifications are evidenced by new notes or, other documents); and (iv) all q%�her obli ations o Grantor to Beneficiary which are described in this Deed of Trust, or in the i .te or .her Document (for example, payment of the attorneys fees of the Beneficiary, insurance prem(ums and ad valorem taxed, NOW, THEREFORE, for the purposes and under the conditions described in this Deed of Trust and in consideration of the Debt and the mutual promises of Grantor and Beneficiary, Grantor hereby conveys to Trusted in trust, with power of sale, the real propertydescribed in this Deed of Trust, together with any improvements, equipment and fixtures existing or hereafter placed on or attached to this real property, all proceeds thereof and all other appurtenant rights and privileges. The term "the Property shall include . this real property, any such improvements, fixtures, and also all appurtenant rights and privileges. TO HAVE AND TO HOLD the Pro arty, to Trustee, its successors and a signs, but upon the trust, and under the terms and conditions of this Deed of Trust, to which,rantor, Trustee and Beneficiary hereby agree: I. PERFORMANCE BY GRANTOR. Grantor shall fulfill all of Grantor's obligations as specified in this Deed of Trust, the Note or other Document. 2. TAXES, DEEDS OF TRUST, OTHER ENCUMBRANCES. Grantor shall make timely payment of all ad valorem taxes, ass ssments or other charges or encumbrances which may constitute a lien upon the Property. Grantor shall timely pay and perform $n obligation, covenantor warranty contained in any other deed of trust or writing (herein Othyer Deed of Trust) which gives rise tgg any or which may 44onstitute a lien uponany of the Property. Grantor shall upon request of gene iciary promptly furnish satisfactory evidence of such payment or performance. Grantor shall not enter into, terminate, cancel or amend anylease affecting the Property or any part thereof without the prior written consent of Beneficiary. Grantor shpil timely pay and perform all terms of any lease or sublease Or the Property or any part thereof. 3. INSURANCE. Grantor shall keep insured all improvements which are now existing E which might hereafter become part of the Proper%Y against loss by fire and other hazer, casualties and contingencies in such amounts and for such periods as may be required fn time to time by Beneficiary; and Grantor shall pay promptly, when due, anficpremiums on insurance. All insurance shall be carried with companies approved by Beneiary, and Gran shall cause all policies and renewals thereof to be delivered to Beneficiary, and the polic shall contain to s payable clauses in favor of and in form acceptable to B�neficiary. In 1 event of loss, rantgr shall give immediate notice to Beneficiary,and Beneficiary may me proof of loss if such is not made prompt) by Grantor. Any insurer is hereby expres authorized and directed to make payment or the loss directly and solely to Beneficia Further, Beneficiary may apgly the insurance proc%edb or any part thereof, in its s discretion an at its option, ei her to the reduction of t he restoration or repair any portion of the Property damaged. 4, ESCROW DEPOSITS. Upon demand of Beneficiary, Grantor shall add to each payment required under the Note or other Document the amount estimated by Beneficiary to be sufficient to enable Beneficiary to pay as they become due all taxes, cha#ges, assessments and insurance premiums which Grantor is required to pay. Further, any de iciency occasioned by an insufficiency of such additional payments shall be deposited by Grantor with Beneficiary upon demand. 5.PRESERVATION AND MAINTENANCE OF THE PROPERTY. Grantor shall keep the Property in as good order and repair as it now is (reasonable wear and tQar excepted) and shall neither commit nor permit any waste or any other occurrence or use which might impair the value of the Property. Grantor shall not initiate or acquiesce in a change in the zoningclassification of the Property or make or permit any structural alteration thereof without neficiary's prior written consent. 6. COMPLIANCE WITH LAWS. Grantor shall regularly and promptly comply with any applicable legal requirements of the United States, the Commonwealth of Virginia or other governmental entity, agency or instrumentality relating to the use or condition oftheProperty. 7. CONDEMNATION AWARD. Any award for the taking of, or damages to, all or any part of the Property or any interest therein upon the lawful exercise of the power, of eminent domain shall be payable solely to Beneficiary, which may apply the sums so received to payment of the Debt. B. PAYMENTS BY BENEFICIARY. If Grantor shall be in defa It in the timely payment or performance of any of Grantor's obligations, the Note or other Document, under this Deed of Trust or Other Deed of Trust, Beneficiary may, but it is not obligated to, expend for the account ofGrantor any sums, expenses and fees which Beneficiary believes ap ropriate for the protection of the Property and the maintenance and execution of this Deed og Trust. Any amounts so expended shall bq deemed principaladvances fully secured by this Deed of Trust, shall bear interest from the time expended until paid at the rate of interest accruing on the Debt, and shell be due and payable on demand. 9. RENTS AND PROFITS. Grantor hereby assigns to Beneficiary all future rents and profits from the Property as additional security for thl pa mgnt of the Debt and for th performance of all obligations secured by this Deed of Trust. Grantor hereby appointsbeneficiary as Grantor's attorney -in -fact to collect any rents and profits, with or without , and to apply the same, less expenses of olle4tion, to the Debt or to any obli ations secured by thi Deed of Trust in any manner as Beneficiary may de ire. However, unilil default under the Note or other Document or under this Deed of Trust, Grantor may continue to collect and retain the rents and profits without any accountability to Beneficiary. Beneficiary's election to pursue the collection of the rents or profits Shall be in addition to all other remedies which Beneficiary might have and may be put into affect independently of or concurrently with any other remedy. 1405VA (0401) Page 2 of 7 10. SECURITY INTEREST.. All the fixtures and equipment which comprise a part of the Property shall, as far as ppermitted by law, be deemed to be affixed tto the aforesaid land and conveyed therewith. As to the balance of the fixtures, this Deed of Nat shall be considered to be a security agreement which creates a security interest in such fixtures for the benefit of Beneficiary. n that regard,, Grantor grants to Beneficiary all gf the rights and remedies of a secured party under the Virginia Uniform Commercial Gotle. Gr@ntor a rees to execute and deliver to Beneficiary, concurrently with. the execution of this Deed of Trust and upon the request of Beneficiary from time to time hereafter, all financing. statements and other documents reasonably re uired to perfect and maintain the security interest created hereby. Grantor hereby irrevocably (as Tong as the Debt remains unpaid) makes, constitutes and appoints. Beneficiary as the true and lawful attorney of Borrower to gign the name of Grantor on any financing statement, continuation of financing statement or similar document required to perfect or continue such security interests. However to the extent allowed by law, this Deed of Trust shall be a financing statement sufficient to perfect and maintain any security interest created hereby in the Property and its Proceeds. 11. GRANTOR'S CONTINUING OBLIGATION. This Deed of Trust shall remain as security for full payment of the Debt and for performance of any obligation evidenced by the Note or other ocument, notwithstanding any of the following: la) file sale or release of all or any part olpthe Property; +b) the assumption by another party of Grantor's obligations under this Deed of Trust, the Note or otheQr Docume t; (c) the forbearance or extension of time for p�ayment of the Debt or for periormance o� any obligations under this Dead of Trust the Note or other Document, whether granted to Grantor or to a subsequent owner of the Property• or (d) the release of any party who h s assumed payment of the Debt or who assumed any. other obligations under this Deed q?Trust, the Note or other Document. None of the foregoing shall, in any way, affect the full force and effect of the lien of this Deed of Trust or impair Beneficiary s right to a deficiency judggmQ it in the event of foreclosure against ;rarttor or any party who had assumed paymani of the Data of who assumed any o er obligations the performance of which is secured by this Deed o Trust. 12. EITHER, TRUSTEE MAY ACT AND SUPSTITUTION OF TRUSTEE. Notwithstanding anything contained herein to the contrary, any rustee may act hereunder without the joinder of an other Trustee and without the joinder of Beneficiary and any act taken hereunder by any �rustee shall be as effective as if taken by every Trustee under this Deed of Trust. Beneficiary shall have the unq ualified right to remove the individuals) designated as Trustee on the first page of this Dead of Trust, and to appoint one or more substitute or successor Trustees by instruments filed for registration in the Clerk's Office where this Deed of Trust is recorded. Any such removal or appointment may a made at any time and from time to time without notice, without specifying any reason therefor and without any court approval; Any such appointee shall become fully vested with title to the Propert and with all rights, powers and duties conferred upon the individuals) originally designated as Trustee, in the same manner and to the same effect as though that party were named herein as the original 13. INDEMNIFICATION IN EVENT OF ADVERSE CLAIMS. In the event that Beneficiary or Trustee voluntarily or otherwise shpil become parties to any suit or legal proceedin involving the Property, the shall be saved harmless and shall be reimbursed by Grant�r for any amounts paid, inc�uding all costs, charges and attorney's fees incurred in any such suit or proceeding, and the same shall be secured by this Dead of Trust and payable upon demand. 14. INSPECTION. Beneficiary may at any reasonable time and. from time to time make or cause to be. made reasonable entries uppon, investigation§, and inspections of the Property, includin without limitation n ins ections or investigations such.as sampling and testing which may be necessary or desirable to review compliance with Environmental Laws. 15. WARRANTIES. Grantor covenants with Trustee and Beneficiary that Grantor is seised of the Property in fee simple has the right to convey the same in fee simple, that title to the Pro erty is marketable and free and crear of all encumbrances, and that Grantor will warrant find defend the title against the, lawful claims of all person whomsoever,. subject only to any eclarations, easements restrictions or encumbrances fisted in the title opinion or title insurance policy which beneficiary obtained in the transaction in which Beneficiary obtained this Deed of Trust. ts• ATTORNEYS' FEEg EXPENSEg If BQnefi fiery institutes any suit or action to enforce any of the terms of this Deed of Trust, 8ene iciary shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court. action is involved, all reasonabl expenses incurred by Beneficiary which in Beneficiary's opinion are necessary at any time Tor the protection of its interest or the enforcement of its rights shall become a part of the Debt payable on demand and shall bear interest at the Note rate from, the date of expenditure until repaid._ Expenses covered by this paragraph include, without limitation however subject to any limits under applicable law, "Beneficiary's ettorney fees equal to 13.000% of the principal balance due on the Note oor other Document whether or not there is a lawsuit, includin attorney fees equal to 33.000% of _the princifpal balance due on the Note or other ocument for bankruptcy proceedings (including a forts to modify or vacate any automatic stay or injunction), appeals and any anticipated post -judgment collection services, the cost of searching record obtaining title reports Including foreclosure reports), surveyors' reports, appraisal fees, title insurance, and fees for the Trustee, to the extent permitted byy applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. 17. ANTI -MARSHALLING PROVISIONS. Trustee and Beneficiary may grant releases at any time and from time to time of all or any portion of the Property (whether or not such releases are required by agreement among the parties) agreeable to Trustee and Beneficiary, without notice to or the consent, approval or agreement of other parties and interests, including junior lienors and purchasers subject to the lien of this Deed of Trust, and such releases shall not impair in any manner the validity of or priority of this Dead Qf Trust on that portion.of the Property remaining subl'ect to this Deed of Trust, nor release Grantor from personal liability for the Debt. Notwithstanding the existence of any other security interests in the Property held by Beneficiary or by any other party Beneficiary shall have the right to determine the order in which any or all of the Property shall be subjected to. the remedies available to Beneficiary, and Beneficiary shall further have the right o determine the order in which any or all portions of the Debt are satisfied from the proceed§ realized upon the exercise of any remedy it. has. Grantor, or any party who consents to this, or any party who has actual or constructive notice hereof, hereby ,waives any and all rights to require the marshalling of asset in connection with the exercise of any of the remedies permitted by applicable law or provided herein. 1405VA (0401) Page 3 of 7 18, ENVIRONMENTAL ISSUES. Grantor for itself, its successors and ass warrants and agrees that (a) neither Grantor nor any other person has used Hazardous Material (as hereinafter defined) on the Property or rec ived $ny governmental agency, entity or other person with regard to Hazardous fNste affecting the Property; lb) neither Grantor or any other person has violate Environmental Laws las hereinafter definerelating to or affecting the P Property is presently in compliance with all Environmental Laws; there are n presentlyY existing upon or under the Property, or relating to. the Property which applicabla, Environmental Laws, and there is not now pending, or threatened, inve0gation or proceeding against Grantor relatin to the Pr party (or against relating to the Property) seeking to enforce any right or remedy under any of t Laws; (d) the Pro arty shall be kept free of Hazardous Materials, and shall generate, manufacture, transport, treat, store, handle. dispose, or process Haz to any -applicable_ Environmen continue to obtain and/or n regulatory actions necessary Grantor is_,n full compliance w comply with the terms and pr Beneficiary oral and written r and all remedial, removal and i Material on from or affecting Laws. �h Grantor hereby ag harmless From and against any limitation attorneys' fees) and suffered 6y, or asserted against of (a) the presence on, or under of any Hazardous Material regi Grantor, (b) the violation of at whether or not caused b or wit fully v�tth the terms and provis made by Grantor in this paragre of this Deed of Trust, Hazen flammable explosives, radioacti and/or any hazardous, toxi or for the purpose of) the nvii Environmental Laws" means & Lability Act, the H zardo s IV ecovery Act, any "Super Fund regulation or decree reguletinE concerning any petroleum prod,, or any material containing asbea material, as may now or at an Grantor under this paragraph sh a deed in lieu of foreclosure, th expressly permitted in writing Property. on the Property; (f) Grantor shall at oarties with all applicable Environn the Property free and clear of any liens ws; () the Grantor has obtained and n all �icQnses, permits, andlor other molt' with Environmental Laws (the I s terms and provisions of the Permits or ns of the Permits; (h) Grantor ghall imr in the event that Grantor receives any other party with regard to Hazardous Ma uct and complete all investigations, sam actions necessary to clean up and rem Property in accordance with all applice to indemi all losses, ns.of any ificiary for ingerous wi nmental La Compreher terrals Tran or "Super L relating to ts, any flart )s, and/or h time hereof I survive thi cancellatior v the Banal 0 0 igns represents, or installed any notice from any vials on, from or d any applicable roperty; (c) the o circumstances may violate any any action, suit, any other party he Environmental not be used to ardous Materials; the Property nor ;omplywith and rs relating to or ,posed pursuant rernmental or tits") and the ill Continue to ately give the tice from any Is on from or 1, and testing, all Hazardous Environmental to Beneficiary iding, without and every King wnatsoever paid, incurred or with respect, to, or as a direct or ndiregt result spillage, emissii on or release from the Property her or not caused by or within the control of :al Laws relating to or affe ting the Property, of Grantor,(c) the failure by �rantor to comply ragraph, or (d) any warranty or representation or untrue in any material respect. For purposes means and includes petroleum products, any asbestos or any material containing asbestos, te, ubstance or material d@fined as such in (or s. �or the purposes of this Deed of Trust ve Environmental R sponse, Compensation and iortation Act, the Resource Conservation and V' law, or any other federal, state, or local law, )r imposing liability or standards of cgnduct cable explosives, radioactive materials asbestos ardous, toxic or dangerous, waste, substance or r be in effect. The obligatons and liabilities of oreclosure of the Dead of Trust, thg delivery of )f the Note or other Document; or if otherwise iary, the sale or alienation of any part of the mages, injuries ( 19. EVENTS OF DBFAU. Grantor shall be in default under this Deed of Trust upon the occurrence of any o thha o lowing: (a) Default. in ire pa�m�rtI or porfe�rm nee of an �f the obligations, or f any co v rlant or wa�rant ., .in thisc Dee o TrusIp, to t en ote or of r oc ment, or in an otter note o Grantor itii depa�y eXd tlenXfictary medetfoeihe anent o7 Bent ciory' or in any contract To any (blgny warranty, reppresentptton or stateme t made furnished to Beneficiar by or on b ,)�alf of Grantor ir1 onnection with th Debt or.tFe ecurity for the Debt proving tdhAve been false in any material respect when mare or furnished or (c)LosB theft, substanti I darrlage, destruction jo pr of the Pr party, pr the ass rtion or making of any levy, seizure, mecttanic s or materialman s lien or attachment thereof or thereon; or (d) Death dissolution, t rmination of exi tencq, insolvencybusines fail re, a pointment of a rec�e�lyer for any art oy t�e pro8'ertv o , assigniens forthe u no of credPtors b or the endolrsertguaar�ntooerboi surety for enrYo�oo�se o business of cite bran or any cYo maker, (e) Feilpre of a corporate Grantor or o-ma er, endorser, guarantor or surety for Grantor to maintain its corporate existence in goocd standing; or 81Upon the entry of in monetary j idg ent, or the ass ssment or filin o} any tax lien against raptor, or property o Grantor• of uppgrl t a issuance o�any writ of go�ishment or attachment against any property or ddebbts due or ri is o Grantor; or (9) Th sale (includin sale by Ind contract upon deliver of possession), transfer or encumrgnce of all or arty art bf the Pro ertv or g inheres theist or ny rsngq in the ownership or control of �y corpporate ,?r partn»rsi�ippp Grantor, wittio t �efieGt�.iary rior writtimt cb�sent, provided �o,amiYvvveveY, tt at he he clonal prrQ ertv qnc tuber, d� this Dee of �rusl u�h�sdwellin , urigrartha . stiallbnopasiro I itai nanitl tax �gl�ts olht �taend t �? �� a ecXant Q ry iIetgaupP� t%.etsrWhicch arise by operation olMuM J df which sf is considered an event ot! Y.1.lt te�eunaer; or (h) If Beneficiary should pth9rw. dent itself, its, seCurjty int9rests the Property[ or the Debt u safe or insecure; ors pu d ene ,.very otrerwise bbshave that the prospect oft payment or other performance is impaired 1405VA (0401) Page 4 of 7 a NOTICE -THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS O THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY. IES OF BE subiect to other state or federal exempts compliance with applicable laws shall execute and deliver to the without t any covenant warrai shall be prima fact evidence of this Deed of Trusty public sale least three (3) consecutive issue: county or city in which the Prol best for any reason to poste�q ne may do so, in which event Trus the original advertisement of isprocGees of any such sale she applicable law, it being agreed 1 of five per cent of the gross sa performed by him hereunder e foreclosure suit or special proci shall pay to the Trustee: 11 all computed on five per cent of thi the purchaser at any sate unde election require the successful t equal to all or anY part of the st included in the advertisement of Deed of Trust, Trustee is hereby rental, accrue or to a(;crue; or rents and pro its thereTrom, and managing and operating the Pro foreclo ure s le and distribution the value of the Property or indebtedness then owing. UPON DEFAULT. Upon the occurrence of any event of n in paragraph 21, Beneficiary may, at its option, without Debt to be immediately du andpayable in full; and, on i ;hall foreclose this Deed of Trust n any manner permitted the Property pr any part thereof at public sale to the last f any equity of redemption, homestead, dower, curtesy or all of which are expressly waived by Grantor after ating to foreclosure sales under power of sale; and trustee irchaser a Trustee's deed conveyingthe Property so sold i expressed or implied. The recitals n the Trustees deed truth of the statements made therein. Prior to foreclosing ustee shall advertise the time, place and terms of sale in al a newspaper published or having general circulation in the :y or some portion thereof is located.If Trustee deems it continue thesale at any time or from time to time, Trustee shall advertise the postponed sale in the same manner as describedin the immediately preceding sentence. The e applied n the manner and in the orde ir prescribed ,by the expenses of any such sale shall include a commission price to Trustee for hol ing such sale and for all services iding expenses incurred in makin sale. In the event a ng ;s commenced, and no sale ;s held, then the Grantor :penses incurred by Trust a and,2) a partial commission ;lane of the unpaid Debt. Beneficiary relay bid and become ❑is �eed of Trust. At any such sale Trustee may at his er immediately to depo it with Trustee cash in an amount ;ssfui bid, and notice of any such requirement need not be 3 notice of such sale. If foreclosure is instituted under this thorized to take possession of the Property and collect any ;tee may lease the Property or any part th reof, receive the d the proceeds remaining after payment or the expenses of tV for the benefit of Beneficiary, pending completion of the the proceeds of sale; and Trustee may act irrespective of adequacy or inadequacy to secure or discharge the 21. LIMITED RIGHT TO CURE PAYMENT DEFAULT ON CONSUMER PURPOSELOANS. If this Deed of Trust secures a gi onsumer purpose loan, and there ;s a default n the payment obligations in the Note or Other Document, Beneficiary may,, at its option, and without prior notice to Grantor, declare the Debt to be due and payable in full and exercise its rights and remedies provided herein and under applicable law if such payment default is not cured and any late payment penalty paid within ten (10) days after the installment due date. 22. RELEASE AND CANCELLATION. Upon fulfillment of all of obligations, the performance of which is secured by this Deed of Trust, and upon aymenj of the Debt, this Deed of Trust and the Note or other Document shall be marked Satisfied and returned to Grantor, and this conveyance shall be null and void and may be cancelled of record at the request and cost of Grantor, and title to the Property shall revest as provided by law. 23. MISCELLANEOUS. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and shall not be used to interpret or define any provisions. All remedies provided herein are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and ,may be .exercised concurrently, independently or successively. All covenants contained herein shall bind, and the benefits and advantages shall inure to the resp ctive heirs executors, .administrators, successors or assigns of the parties to this heed of rust, and the designations "Grantor", "Trustee" and "Beneficiary" include the parties i their heirs executors, administrators, successors and assigns. The designations Corporate Corporation", and Partnership" include limited liabilitycoinpantes and limited liability partnerships. Whenever used, the singular number shall incude the plural, and the lural the s nguler, and the use of any gender shall be applicable to all genders. This Deed of rust shall 6a governed by and construed under Virginia law. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy..The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary shall not be _a waiver of Beneficiary's right to accelerate the maturity of the Debt. Time is of the essence in the payment or performance of any of the obligations, or of any covenant or warranty contained in this Deed of Trust or in the Note or other Document. IN TESTIMONY WHEREOF, each individual Grantor has hereunto set his hand and adopted as his seal the word "SEAL" appearing beside or near his signature, this sealed instrument being executed and delivered on the date first above written. Grantor: (SEAL) Grantor: Grantor: Grantor: 1405VA (0401) Page 5 of 7 (SEAL) (SEAL) (SEAL) IN TESTIMONY WHEREOF, the above corporate Grantor has caused this instrument to be executed in its corporate name by its and adopted as its seal the word 'SEAL" appearing beside or near its name, with this sealed instrument being executed and delivered on the date first above written. (SEAL) (CORPORATE NAME) By: Title: IN TESTIMONY WHEREOF, t) a above partnershi Grantor, Limited Liability Company, or Limited Liability Partnership has caused this instnttnent to be 8xecuted in the appro Mate company or partnership name by dply,autbori general p er(s) or manager(s), and has adoptewas its seal the word SEAL' appearing beside its this seal instrument being executed and delivered on the date first above wntten. r Do od di (SEAL)By: (SEAL) NA E F R I C, OR LLP Title: By (SEAL) By: (SEAL) Title: Mana er Title: STATE OF ) SS CITY/COUNTY OF ) On this day before me, the undersigned Notary Public, personally appeared , to me known to be the individuals described in and who executed e Deed of Trust, and acknowledgedat they signed the Deed of Trust as their free and voluntary act and deed, for the uses and purposes therein mentioned, Given under my hand and official seal this day of Notary Public in and for Residing at My commission expires STATE OF ) SS CITY/COUNTY OF ) On this day before me, the undersigned Notary Public, personally appeared , to me known to be the individuals described in and who executed the eed of Trust, and acknowledged 16a they signed the Deed of Trust as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of Notary Public in and for Residing at My commission expires 1405VA (0401) Page 6 of 7 Q N STATE OF —2 , ) SS CITY/GAS OF (,C/ On this day of Clip before me, the undersigned Notary ic, personally pear , and known to me to be a partner, member or designated agent ot the partners ni or ut i is ity company that executed the Deed of Trust and acknowledged the Deed of Trust to be e free and voluntary act and deed of the partnership or limited liability company, by authority of statute, its articles of organization or its operating agreement, for the uses and purposes therein mentioned, and on oath stated that he or she is autho ' to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the partnership or 't liability co y. d. , Residing at Notary Publi in and for My commission expires J"•'.......... L•• J� STATE OF ) o p:� SS 10. Ji J +`P; CITY/COUNTY OF )) '••'•'��NO �.• On this day of before me, the undersigned •N,I��"�""""�N','' Notary rTru6( cc,, personally appeared , and known to me to be an authorized agent o e corporation at executethe Deed o rust and acknowledged the Deed of Trust to be "their" free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the corporation. Notary Public in and for Residing at My commission expires 1405VA (0401) Page 7 of 7 SCHEDULE A TRACT ONE: All that certain tract containing 5.900 acres (Tax Map No. 86-A-142) and more particularly described by plat of survey drawn by Randy A. Stowers, Land Surveyor, dated March 25, 2004, which is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 04-0005416, and by this reference made a part hereof as if set out in full. TRACT TWO: All that certain tract of land lying to the east and contiguous with Tract One above and containing 1.25 acres (Tax Map No. 86-A-141). AND BEING the same land conveyed to Dogwood Landing, LLC by Deed dated June 28, 2004 from T. W. Grove, Incorporated, a Virginia corporation, of record in the aforesaid Clerk's Office immediately preceding this Deed of Trust. V1RUINIA: FREDERICK COUNTY, SCf. This insttument of writing was produced to me on ,mot. g8, a-4.o at y- -T �Yl. (Ifid with certificate of acknowledgement thereto annexed was adm' ted to record. T unposed by Sec. 58.1-802 of SAj j , and 58.1.801 have been paid, if assessable 4,re-4 , Clerk 11912 \ A-\Sdedul A DOT "d CD C.J 0500�9 Prepared by: Nichols, Bergere, Zauzig & Sandler, P.C. Parcel d DEED OF TRUST THIS IS A CREDIT LINE DEED OF TRUST THE MAXIMUM AGGREGATE AMOUNT OF PRINCIPAL TO BE SECURED AT ANY ONE TIME SHALL BE $11,690,073.54. THIS IS A PURCHASE MONEY DEED OF TRUST NAME AND ADDRESS OF BENEFICIARY FOR NOTICES TO IT HEREUNDER: METRO FINANCE, L.L.C. Post Office Box 7129 Fairfax Station, Virginia 22039 {'�y� THIS DEED OF TRUST ("Deed of Trust") is made as of the 5 day of May, 2005, by each of the following, to the fullest extent of their respective right, title and interest in and to the Property (as defined below) (collectively referred to hereinafter as the "Grantors" or sometimes "Grantor"): CRYSTAL GATEWAY, LLC, a Virginia limited liability company, DOGWOOD LANDING, LLC, a Virginia limited liability company, and QUEOR, LLC, a Virginia limited liability company, each having an address for notices hereunder of 20B Ricketts Drive, Winchester, Virginia 22601; TO Paul F. NICHOLS, Trustee, of Prince William County, Virginia, having a business address of 12660 Lake Ridge Drive, Woodbridge, Virginia 22192, and Arthur TSIAMIS, Trustee, of Fairfax County, Virginia, having a business address of Post Office Box 7129, Fairfax Station, Virginia 22039, any one of whom may act (hereafter referred to collectively, as "Trustee"); TO AND FOR THE BENEFIT OF METRO FINANCE, L.L.C., a Virginia limited liability company, its successors and/or assigns (hereinafter referred to as the "Beneficiary"). W I T N E S S E T H: That in consideration of the premises hereof and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Grantor, to full extent of its right, title and interest, does hereby grant, bargain, sell, convey, assign and transfer with General Warranty and English Covenants of Title unto the Trustee, his successors and substitutes, with full power of sale, all of the real property described in Exhibit A, attached hereto and expressly made a part hereof (the "Real Property"); TOGETHER WITH ALL OF THE FOLLOWING GOODS OR COLLATERAL WHICH ARE AFFIXED OR TO BECOME AFFIXED TO THE REAL PROPERTY: All right, title and interest of Grantor, now owned or hereafter acquired, in and to any and 1 0 w 0 C-n all machinery, apparatus, equipment, and piping, including without limitation all engines, furnaces, boilers, stokers, pumps, heaters, water heaters, incinerators, water pumps, fans, ventilation systems, power equipment, all buried tanks, above ground tanks, water tanks, lighting fixtures, light switches, incinerating and plumbing apparatus and equipment, all compressors and all plumbing fixtures, all refrigerating and cooling apparatus and equipment, and all of said goods listed herein are hereby understood and agreed to be deemed fixtures or deemed to become fixtures and forming a part of the Real Property to the extent permitted by law (collectively, the "Fixtures"); TOGETHER WITH all right, title and interest of Grantor, now owned or hereafter acquired, in and to any and all foundations, structures, buildings and improvements, including glass, materials, trees, shrubs, plants, minerals, timber, wood or dirt now located on, or hereafter placed on, in, under, or above the Real Property (the "Improvements"); TOGETHER WITH all right, title and interest of Grantor, now owned or hereafter acquired, in and to any and all personal property, inventory and equipment, including but not limited to furnishings, lamps, desks, chairs, typewriters, computers, computer disks, printers, key boards, goods, supplies, books, charts, paper, copiers, fax machines, telephones, stored building materials, tools, floor maintenance apparatus and equipment, lobby and public space furnishings, bulbs, ornaments, pictures, art work, paintings, decoratings, and signage of any type (collectively the "Personalty"); TOGETHER WITH all right, title and interest of Grantor, now owned or hereafter acquired, in and to any and all building plans, renderings, drawings, architectural plans, site plans, subdivision plans, engineering plans, engineering plats, mylars, interior plans, configurations, surveys, survey letters and certificates, building permits, electrical permits, heating and air conditioning permits, health permits, environmental permits, government approval letters, variance letters, zoning letters, zoning approvals, zoning resolutions, water approvals, tap -in approvals, sewer approvals, letters of credit, performance bonds, security bonds, development bonds, county and/or city required security bonds, set -aside letters or letters of credit, and all application fees, filing fees, plan fees, permit fees, deposits, cash and credit posted in connection with any of the above, and any and all other papers, drawings, government communications, permits, approvals, and security posted in connection with the construction of Improvements on the Real Property, to the extent same may be legally encumbered (the "Plans and Approvals"); TOGETHER WITH all right, title and interest of Grantor, now owned or hereafter acquired, in and to any and all easements, rights of way, privileges, rights, tenements, hereditaments, appurtenances and all other estate, right, title and interest of the Grantor, now owned or hereafter acquired and appertaining, belonging, or relating to all or any portion of the Real Property; (the "Rights"); TOGETHER WITH all right, title and interest of Grantor, now owned or hereafter acquired, in and to any and all land lying in any public and private streets and roads adjoining the Real Property and in and to CD w 0 any sidewalks, alleys, or strips of land adjacent to or used in connection with the Real Property (the "Roadways"); TOGETHER WITH all right, title and interest of Grantor, now owned or hereafter acquired, in and to any and all leases, leasehold estate or subleases of all or any portion of the Real Property (the "Leasehold"); TOGETHER WITH all right, title and interest of Grantor, now owned or hereafter acquired, in and to any and all issues, deposits, escrows, income and other money or revenues now or hereafter derived from the use or transfer of any portion or all of the Real Property (the "Income"); and TOGETHER WITH all right, title and interest of Grantor, now owned or hereafter acquired, in and to any and all payments, condemnation awards, insurance proceeds, and other sums of money and proceeds including interest thereon which shall be due the Grantor as a result of any casualty affecting all or any portion of the Real Property, any condemnation or other exercise of the right of eminent domain affecting all or any portion of the Real Property hereby conveyed, any alteration of the grade of any public street affecting all or any portion of the Real Property, or any other injury to or diminution in value of all of any portion of the Real Property (the "Proceeds"); WHEREIN all of the Real Property, the Fixtures, the Improvements, the Personalty, the Plans and Approvals, the Rights, the Roadways, the Leasehold, the Income and the Proceeds are hereafter collectively referred to in this Deed of Trust as the "Property", and are hereby; CONVEYED IN TRUST for the benefit of the Beneficiary, its respective successors and assigns, and to secure the Beneficiary in connection with all of the following: (A) The payment in full of that certain loan or loans in the total aggregate amount of up to Eleven Million Six Hundred Ninety Thousand Seventy -Three and 54/100 Dollars ($11,690,073.54) (collectively, the "Loan"); (B) The following Deed of Trust Notes each dated on or about the date hereof, executed in favor of Beneficiary as the Beneficiary is identified in each of the notes, each of equal dignity under this Deed of Trust: i. Deed of Trust Note in the amount of Five Million Two Hundred Forty -Nine Thousand Nine Hundred Sixty -Seven and 33/100 Dollars ($5,249,967.33), executed by CRYSTAL GATEWAY, LLC, a Virginia limited liability company; ii. Deed of Trust Note in the amount of One Million Seven Hundred Seventy-one Thousand One Hundred Six and 21/100 Dollars ($1,771,106.21), executed by DOGWOOD LANDING, LLC, a Virginia limited liability company; and iii. Deed of Trust Note in the amount of Three Million Four Hundred Sixty -Five Thousand and 00/100 Dollars ($3,465,000.00), executed 0 CD co by QUBOR, LLC, a Virginia limited liability company, each of which is incorporated herein by reference, collectively evidencing the Loan, with each of the notes guaranteed by respective guarantors as set forth and identified therein (the "Guarantors") for the benefit of Beneficiary, together with interest as may be changed from time to time in accordance with the terms therein, and together with any and all amendments, accords, modifications, allonges, substitutions, bifurcations, or restructurings thereto (collectively referred to hereafter as the "Notes"); (C) The repayment of any and all sums of money that the Beneficiary may now or hereafter advance, loan, re -advance, fund or disburse to or for the benefit of the Property or any Grantor, regardless of whether any such advance, loan, re -advance, funding or disbursement shall be: (i) pursuant to the provisions of this Deed of Trust, or otherwise, (ii) evidenced by any document or agreement, (iii) matured or unmatured, or (iv) by mistake or otherwise, together with interest thereon at the interest rate set forth in the Notes; (D) The payment or repayment of all costs, expenses, charges, commissions of trustees, interest, premiums, attorneys' fees, and other commissions, fees, charges and obligations direct or indirect, absolute or contingent, now or hereafter due: (i) pursuant to any of the loan documents executed in favor of Beneficiary on or about the date hereof, including but not limited to the Notes, this Deed of Trust, the Hazardous Waste Indemnity Agreement in favor of Beneficiary (the "Indemnity Agreement"), each unconditional guaranty agreement (the "Unconditional Guaranty") executed by the respective Guarantors, the Borrowers Certificate and Agreement ("Borrower's Certificate"), and each and every one of such other agreements and loan documents executed by Grantors and/or Guarantors (as the case may be) in connection with the Loan, and any and all amendments or modifications thereto, (collectively hereafter referred to as the "Loan Documents"); and (ii) pursuant to applicable law, statute or rules of equity; (E) All renewals, curtailments, and extensions of any of the Notes (and this Deed of Trust), as well as any note and deed of trust given in replacement of any of the Notes and Deed of Trust (unlimited renewals, curtailments, extensions and replacements being expressly permitted in the sole and absolute discretion of the Beneficiary); M All future advances under the Loan, all future increases in the face amount of any Note, all future increases in the total amount of the Loan, all modifications to the Loan, all amendments and modifications to the Loan Documents; (G) The repayment of all funds disbursed by Beneficiary in connection with the Loan to any other party whatsoever, for the direct or indirect benefit of Grantors; (H) All notes evidencing any indebtedness owed any Beneficiary from any Grantor, together with any and all allonges, bifurcations, amendments, modifications, replacements, supplements or substitutions thereto; and 0 w a %.o (I) The disbursement of funds by Beneficiary in accordance with any of the Loan Documents, deemed necessary or desirable by Beneficiary to: (i) preserve and protect the Property and/or the Beneficiary's lien rights and priorities, (ii) complete development of the Improvements to the Real Property, and (iii) compel performance by any party who is obligated under any of the Loan Documents. ALL MATTERS SET FORTH IN PARAGRAPHS (A) THROUGH (I) ABOVE (COLLECTIVELY, THE "OBLIGATIONS") ARE HEREBY SECURED BY THIS DEED OF TRUST. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IT IS THE INTENT OF EACH GRANTOR THAT ALL OF THE RIGHT, TITLE AND INTEREST IN THE PORTION OF THE PROPERTY THAT IS OWNED BY IT SHALL FULLY AND COMPLETELY SECURE ALL OF THE OBLIGATIONS, REGARDLESS OF WHO THE MAKER OR OBLIGOR OF ANY OF THE OBLIGATIONS MAY BE, FOR THE BENEFIT OF BENEFICIARY AND ALL BENEFICIARIES UNDER THIS DEED OF TRUST, AND IT IS UNDERSTOOD AND AGREED THAT EACH OF THE GRANTORS IS RECEIVING A DIRECT OR INDIRECT BENEFIT FROM DOING SO, AND TO INDUCE BENEFICIARY TO EXTEND CREDIT TO THE RESPECTIVE GRANTORS WHO EXECUTE THIS DEED OF TRUST, THE GRANTORS HEREBY FURTHER AGREE THAT ALL OF THE PROPERTY CONVEYED HEREIN SHALL COLLECTIVELY AND IN THE AGGREGATE BE DEEMED TO BE CROSS -COLLATERAL FOR ANY SINGLE ONE OR PART OF THE OBLIGATIONS, AS WELL AS FOR ALL OF THE OBLIGATIONS, AND ANY ONE GRANTOR'S RIGHT, TITLE AND INTEREST IN THE PROPERTY IS HEREBY DEEMED TO BE COLLATERAL FOR ALL OF THE OBLIGATIONS AS WELL AS FOR ANY SINGLE ONE OR PART OF THE OBLIGATIONS IDENTIFIED HEREIN, ALL FOR THE DIRECT BENEFIT OF BENEFICIARY. This Deed of Trust is intended to be a "credit line deed of trust" within the meaning of Virginia Code Section 55-58.2. Unless either (i) otherwise provided by law, or (ii) a priority is granted by law, including, without limitation, Section 55-59 and 55-59.4 of the Virginia Code, any amounts added to the indebtedness secured by this Deed of Trust and which are deemed "advances" pursuant to Virginia Code Section 55-58.2 shall be entitled to the priority given to such "advances" under Virginia Code Section 55-58.2 over all deeds, conveyances, other instruments or contracts in writing unrecorded as of the date of recordation of this Deed of Trust and judgment liens subsequently docketed; provided, however, the amount of any such "advances" entitled to such priority, when added to the balance then due on the principal of the indebtedness secured by this Deed of Trust together with all "advances" previously added to such indebtedness, shall not exceed the maximum aggregate amount of principal secured at any one time under this Deed of Trust, as set forth in this Deed of Trust. Any "advances" or other amounts due as a part of the indebtedness secured by this Deed of Trust and which are not entitled to priority over subsequently recorded instruments or subsequently docketed judgment liens pursuant to Virginia Code Section 55-58.2 shall continue to be secured by this Deed of Trust and shall have the priority accorded pursuant to such Section 55-58.2 or as otherwise provided by law. This Deed of Trust is effective as a financing statement and: (a) constitutes a security agreement and creates a security interest in favor of the Beneficiary as defined in the Uniform Commercial Code as adopted in the Commonwealth of Virginia (the "Code"), (b) constitutes a fixture filing under the laws of Virginia, and (c) the address on the first page of this Deed of Trust is designated as an address for creditors to contact the Secured Party for information concerning the C) W O security interest granted herein in the Goods and other Property. The Trustee shall also be a secured party in the Goods and other Property to the extent of its interest, if any. Each Grantor, to the fullest extent of their interest in the Notes, will pay or cause to be paid, when due and payable, all principal, interest, late charges, expenses, and other amounts due the Beneficiary and the Trustee in accordance with the terms of said respective Note, as each Grantor is obligated thereunder. In addition, each of the Grantors further covenants and agrees to the following: 1. The Grantors will pay, when due and payable, all real estate taxes, assessments, general and special taxes, land use taxes and deferred taxes (collectively the "Taxes") in connection with the Property. 2. The Grantors will pay or cause to be paid, when due and payable, any indebtedness to any other person which may give rise to or create a mechanic's lien, a materialman's lien or other lien, charge, judgment or encumbrance upon all or any portion of the Property. However, nothing herein shall be construed as authorizing Grantors to further encumber the Property without first obtaining the express written consent of Beneficiary. 3. The Grantors will obtain and maintain on the Property fire, hazard and extended coverage insurance, and such other types of insurance as the Beneficiary, in its sole discretion, may require from time to time. The Grantors will also keep the Property insured for the benefit of the Beneficiary against loss from such other hazards or casualties, and in such amounts as may be specified by the Beneficiary in its sole discretion. Specifically: (a) The Grantors shall keep the Property insured for the benefit of the Beneficiary and the Grantors as their respective interests may appear, against loss or damage resulting from (i) fire, lighting, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircraft, vehicles, smoke, vandalism, malicious mischief, water damage and all other conventional hazards, (ii) (if and when any or all of the Improvements are located in an area which is now or hereafter designated by the Secretary of Housing and Urban Development, or any successor government agency, as having flood and mudslide hazards, and for which flood insurance is made available under the National Flood Insurance Act of 1986, or any other law), flood, and (iii) when and to the extent required by the Beneficiary, any other risks or hazards which now or hereafter are customarily insured against by persons operating properties with similar characteristics to the Property, in such amounts and for such periods as the Beneficiary may from time -to -time require and approve. In no event shall the insurance coverage be less than the amount necessary to comply with any coinsurance percentage stipulated in the policy or policies, whichever is greater. The policy for hazard insurance shall contain a one hundred percent (100%) "replacement cost" and contain an annual inflation clause feature with respect to all buildings, structures and improvements located on the Property, O C.a and Grantors shall pay promptly, when due, all premiums for such insurance. (b) During the period of any development, repair, restoration or replacement of the Property, the Grantors shall obtain and keep in effect for the benefit of the Grantors and the Beneficiary, as their respective interests may appear, a standard builder's risk policy with extended coverage at least in the amount of one hundred percent (100%) of the replacement cost of the Property. (c) Each of the Grantors shall carry and maintain such liability and indemnity insurance (including, by way of example rather than of limitation, coverage for water damage and so-called assumed and contractual liability), in form and amounts which are reasonably satisfactory to the Beneficiary and which shall name the Beneficiary as an additional insured (which insurance shall in no event be in amounts less than $2,000,000 for aggregate personal injury or accident; $1,000,000 for any one accident or personal injury; and at least the amount of the Loan as the amount for property damage. (d) During the period of any development, repair, restoration or replacement of improvements on the Property, the Grantors shall cause all contractors and subcontractors (including a Grantor, if a Grantor acts as a contractor) to obtain and keep in effect workmen's compensation and disability insurance covering, to the fullest extent required by applicable law, all employees of each contractor and subcontractor. (e) The original executed certificates of all such policies and renewals thereof, together with receipts evidencing payment of the current premiums thereof, shall be delivered to and held by the Beneficiary. Each such policy shall remain in effect for so long as the Loan remains outstanding, and coverage cannot be terminated. No substitutions of coverage are allowed except upon thirty (30) days prior written notice to the Beneficiary. All policies shall contain a standard noncontributing mortgagee clause (in favor of the Beneficiary and entitling it to collect any and all of the proceeds payable under all such insurance), as well as a standard waiver of subrogation endorsement all in such form as is acceptable to the Beneficiary. (f) All such insurance and substitutions referenced herein shall be written in form, amounts and by such companies as shall be satisfactory to the Beneficiary in its sole discretion. All insurance proceeds under such insurance policies shall be payable to the Beneficiary. Hazard related insurance proceeds shall be used, to replace or restore the Fixtures and Improvements, in part or in full, to a condition satisfactory to the Beneficiary, and Grantors will promptly repair, restore, replace or rebuild any part of the Fixtures and Improvements damaged, whether or not any available insurance proceeds are sufficient for such purpose; provided however, that the Beneficiary shall pay over or make available to the applicable Grantor only that amount of insurance proceeds received by it, less the application of said funds for any other purpose set forth herein. Nothing herein shall relieve the Grantors from their obligations hereunder. In the event the Property cannot be replaced or restored to its former value as reasonably determined by the Beneficiary, and/or liability insurance proceeds are payable to the Beneficiary (or Grantor), then the Beneficiary may use insurance proceeds in any one or more of the following ways: (i) To the payment of amounts due under the Notes and this Deed of Trust, whether or not then due and payable, first to fees or expenses due the Beneficiary, if any, then to late charges, if any, then to accrued interest, if any, and then to principal outstanding; (ii) To pre -pay the principal balance due under the Notes, in part or in full, with any portion of the proceeds; (iii) To fulfill any of the Grantors covenants and agreements contained in the Notes and this Deed of Trust; and/or (iv) To be released to the applicable Grantor. (g) The Grantors hereby authorize and empower the Beneficiary to act in the place and stead of Grantors, and hereby irrevocably makes, constitutes and appoints the Beneficiary to act as attorney in fact for the Grantors under a special power of attorney coupled with an interest, with the express power, authority and right to settle, adjust, compromise, receive, endorse and transfer payment for all claims for loss, damage or destruction of all or any portion of the Property under all policies of insurance relating to the Property, for amounts deemed reasonable by the Beneficiary, and this special power of attorney shall not terminate upon the dissolution of the Grantors as provided for in the Code of Virginia, 1950, as amended. (h) The Grantors will promptly deliver to the Beneficiary the original of each insurance policy. No less than thirty (30) days before the expiration date of any insurance policy required of the Grantors pursuant to this paragraph, the Grantors will furnish to the Beneficiary a certificate of renewal of such insurance policy along with a paid receipt. In the event the Grantors fail or refuse to provide, maintain, or deliver and furnish to the Beneficiary the renewal certificates, or the policies of insurance required by this paragraph and/or the paid receipt, the Beneficiary may but is not required to obtain and maintain, at the expense of the applicable Grantor, such insurance or lender's single -interest insurance as the Beneficiary may deem appropriate and all sums advanced or expended shall be deemed secured by this Deed of Trust and repayable to Beneficiary upon demand. The Beneficiary shall have the right, exercisable at any time for so long as any portion of the Loan is outstanding, to require the applicable Grantor to deposit with the Beneficiary such monthly or yearly amount of funds as the Beneficiary, in its 0 c� w sole discretion, shall deem necessary to enable the Beneficiary to pay, when due and payable, the premiums on the policies of insurance which shall be required of the Grantors pursuant to this paragraph. All such amounts so deposited with the Beneficiary shall bear no interest and may be commingled with any other funds held by the Beneficiary. In the event of a Trustee's sale of all or any part of the Property by the Trustee under this Deed of Trust, the Beneficiary shall succeed to all rights of the applicable Grantors (including the right to unearned premiums) in and to all policies of insurance maintained by the Grantors with respect to the Property. (i) Nothing in this Deed of Trust shall be construed to impose any obligation upon either the Beneficiary or the Trustee to: (a) procure insurance on the Property, (b) to expend any sums of money, to protect or serve the Property, or (c) to take any other discretionary action under this Deed of Trust. 4. The Beneficiary and the Trustee shall not be held liable whatsoever, for any action or non -action resulting: (a) in the refusal or failure to obtain any insurance, expend any sums of money or take any such discretionary action, (b) in any delay in the performance of any acts stated herein, (c) in the existence or nonexistence of such insurance, or the form or legal sufficiency thereof, (d) in the failure of any insurer to pay, or the insolvency of any insurer, or (e) from negotiating, compromising, resolving, settling or agreeing with the insurance company in connection with any policy claim pertaining to the Grantors or the Property. 5. Each of the Grantors shall cooperate and act in good faith for the benefit of the Beneficiary with respect to helping the Beneficiary realize all matters, items and things contemplated herein, now or at any time in the future. 6. If any of the Grantors shall fail to make any payment or perform any act required to be made or performed under this Deed of Trust, the Beneficiary, without notice to or demand and without waiving or releasing any obligation or default under this Deed of Trust, at any time thereafter may (but shall be under no obligation to) make such payment or perform such act for the account and at the expense of the said Grantor and may enter upon the Property for such purposes and take all such action thereon or with respect thereto as the Beneficiary in its sole discretion may deem necessary or appropriate. The said Grantor immediately and upon demand shall reimburse the Beneficiary for all payments, costs and expenses incurred, by the Beneficiary in connection with the performance of any such act, together with interest thereon from the date of any such payment to the date of reimbursement by the said Grantor at the "default rate" of interest as specified in the applicable Note during such period, and all such payments, costs, and expenses, together with all accrued interest thereon, shall be secured hereby as a further charge and lien upon that Grantor's Property. 7. Each Grantor at its expense will cause this Deed of Trust to be recorded and filed in the proper public offices to perfect Beneficiary's interests and will pay all the costs of such recording and 0 c.� filing. The Grantors will comply with all laws necessary to establish, preserve and protect this Deed of Trust as a valid first priority encumbrance lien on the Property and to establish, preserve and protect the rights of the Trustee and the Beneficiary hereunder. The Grantors upon demand will execute and deliver (and pay the costs of preparation and recording thereof) to the Beneficiary from time -to -time any further written assurances, documents, instruments and agreements, including, but not limited to, deeds of trust, security agreements, modifications to this Deed of Trust, financing statements, assignments, notes and renewals and substitutions thereto that may be necessary to reaffirm, to correct, modify and to perfect the lien of this Deed of Trust upon all or any part of the Property. 6. Without the prior written consent of the Beneficiary, the Grantors will not create, permit or suffer to exist on or with respect to the Property any lien or encumbrance, whether inferior or superior in right to the lien and rights created by this Deed of Trust, and by any other Loan Documents. The Grantors shall comply with all other obligations and agreements entered into in connection with the Property, and will promptly furnish to the Beneficiary any information requested by the Beneficiary concerning such performance and compliance. 9. Each Grantor will maintain the Property in good condition and repair, will not commit any waste or suffer any waste to occur with respect to the Property, and will not create any nuisance or suffer or permit any nuisance to exist on or with respect to the Property or commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, planned unit development covenant or regulation. Each Grantor will comply with, or cause to be complied with, all statutes, ordinances and requirements of any public utility relating to sewage disposal, water supplies, electrical service, gas service and all other utility services for the Property. 10. The Grantors shall not initiate, join in, or consent to any change in any zoning ordinance, zoning proffer or other public or private restriction or condition limiting or defining the uses of all or any portion of the Property without the prior written consent of the Beneficiary. 11. Each Grantor will notify the Beneficiary immediately in writing of any condemnation proceedings affecting the Property. At Beneficiary's election, all condemnation awards subsequently to be paid to a Grantor in connection with the Property shall be paid over to the Beneficiary to be applied toward repayment of the Loan. 12. (a) Each of the Grantors shall be personally liable for all costs and expenses incurred in the enforcement of this Deed of Trust against that Grantor, or in the costs to defend this Deed of Trust from any claims of that Grantor, or from any third party claims, including reasonable attorneys fees incurred by the Beneficiary. All covenants, representations, warranties and certifications set forth herein, shall survive any transfer of ownership or title, any foreclosure of the Property, and any Deed in Lieu of Foreclosure or any other transaction. (b) Any amounts disbursed by the Beneficiary pursuant to 10 the provisions of the Loan Documents shall be added to, and shall be deemed a part of, the indebtedness secured by this Deed of Trust, shall be secured in the same manner as the Notes are secured, shall bear interest from the date of the disbursement thereof to the date of repayment at the "default rate" of interest as defined in the Notes during such period, and all of which shall be repaid to Beneficiary by the applicable Grantor, as determined by the Beneficiary, immediately, without demand. (c) The reasonable legal fees of the Beneficiary that are incurred in any modifications to the Loan Documents, shall be paid by the applicable Grantors in connection with any such modification that may be approved by the Beneficiary. 13. A default shall be deemed to have occurred under this Deed of Trust if there is a breach of any of the provisions herein, or if one or more of the following events (hereinafter collectively referred to as the "Events of Default") shall occur for any reason whatsoever, whether such occurrence shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgement, decree, or order of any court or any order, rule or regulation of any administrative body, or otherwise: (a) If there has been any non-payment of any payment due as required pursuant to any of the Notes, or any non-payment of any installment or payment of principal, interest and/or other expenses or costs due under any of the Notes or this Deed of Trust, when and as the same shall become due and payable; (b) If there shall be a failure by any Grantor to timely make any payment of the Taxes or insurance premiums with respect to any obligations of that Grantor to any person, entity or government under any assessment, agreement, policy, or instrument pursuant to which any such indebtedness arose, or may have been issued, created, assumed, or guaranteed by the Grantor in connection with the Property, and which continues for more than any applicable period of grace; (c) If there shall be a failure to perform any provision, covenant, term or condition, after the expiration of any applicable grace period under any of the Loan documents; (d) If any material representation, warranty or any other statement of fact, contained in any of the Loan Documents or in any writing, certificate, report statement or application furnished to the Beneficiary at any time pursuant to or in connection with the Loan, this Deed of Trust, the Notes, or the Property shall prove to have been false, misleading or incomplete in any material respect at the time when such representation, warranty or statement of fact was made or furnished to the Beneficiary; (e) If any Grantor or any Guarantor shall admit orally or in writing an inability to pay debts generally as they become due; make an assignment for the benefit of creditors; or commence a 11 proceeding for the appointment of a receiver, trustee, liquidator, or conservator for Grantor or any Obligor, or for any part of the Property; (f) If any Grantor or any Guarantor shall file a petition in bankruptcy under any chapter of the United States Bankruptcy Code or under any Federal bankruptcy act, or obtain an order for relief from any United States Bankruptcy Court; or if there is commenced against any Grantor or any Guarantor, an involuntary petition in bankruptcy and such proceeding or petition remains undismissed for a period of forty-five (45) days, or immediately thereupon, if any Grantor or any Guarantor by any act indicates consent to, approval of or acquiescence in any such proceeding or petition; (g) If any Grantor or any Guarantor shall take advantage of any insolvency act or any other statute or law relating to homestead relief, or the relief of debtors; or a court of competent jurisdiction shall assume custody or control of any Grantor, any Guarantor or of any substantial part of their assets; (h) If any judgment is obtained in an amount exceeding $50,000 against any Grantor or any Guarantor, or any mechanics lien or judgment is filed against any of the Property and remains unpaid, unstayed, unbonded or undismissed after 20 days from the date said mechanics lien or judgment is filed against the Property; (i) If, in the opinion of Beneficiary in its sole discretion, any substantial portion of the Property shall be lost, stolen, abandoned, damaged or destroyed other than in the ordinary course of business, and is not covered under the insurance policies required to be maintained pursuant to the Deed of Trust; (j) If any Grantor fails to keep the Property insured as required hereunder; (k) If a default occurs under any other deed of trust or supplemental deed of trust executed by any of the Grantors in favor of Beneficiary; or (1) There is a failure to timely perform or complete any of obligations, duties, promises, warranties, payments, or responsibilities set forth herein, or in any of the Loan Documents executed in favor of Beneficiary. 14. Upon the occurrence of an Event of Default, a notice of said default shall be mailed to the Grantors at the address designed by each Grantor herein, and the Grantors shall have twelve (12) days from the date notice is deposited in the mail, to cure any monetary -related default as determined by the Beneficiary, and twenty-five (25) days from the date notice is deposited in the mail, to cure any non -monetary default as determined by the Beneficiary, and if not timely cured, any Beneficiary and/or the Trustee may, but is under no obligation to so 12 CZ) W act, do any one or more of the following: (a) The Beneficiary may accelerate the Notes, or any of them, and declare all sums thereunder to be immediately due and payable, and such sums shall thereupon become due and payable without presentment, demand, protest, notice of protest, or notice of dishonor or any other notice of any kind not otherwise required hereunder, all of which each of the Grantors hereby expressly waive; (b) Regardless of whether the Beneficiary accelerates the maturity of the Notes, and all sums due thereunder and hereunder, the Beneficiary, or the Trustee upon the request of the Beneficiary, may enter upon and take possession of the Property without the appointment of a receiver or an application therefor, and without any advance notice to the Grantors, and may perform any and all acts, including, without limitation, the employment of a managing agent for the Property and the leasing of the Property, which the Beneficiary deems necessary or proper to conserve or operate the Property, and no such acts shall be deemed to be trespassing or in violation of any Grantor rights. The Beneficiary may collect and receive the rents, issues, and profits from the Property and may apply the same: (i) to pay all ongoing costs, charges, expenses, fees, commissions and insurance premiums incurred or suffered by the Trustee and/or the Beneficiary in connection with such action and (ii) to pay all ongoing operating costs, trade creditors, management fees, repairs or maintenance, and (iii) any assessments or other charge which may have priority in lien rights over the lien of this Deed of Trust, and (iv) to the prepayment of principal due under the Notes and this Deed of Trust, whether or not immediately due and payable, and (v) to the payment of any monthly installments past due, or that are coming due under the Notes as the Beneficiary in its sole discretion may deem appropriate. The Beneficiary shall apply such proceeds in such order or priority as Beneficiary shall determine in its sole judgment, and shall apply only such rents, issues and profits as shall actually be received; (c) Upon taking possession of the Property, the Beneficiary at the expense of the applicable Grantor and the Property, may from time -to -time: (i) take such steps and expend such sums as are reasonably necessary to preserve and protect the Property, including, but not limited to completion of any construction of Improvements, and (ii) make all necessary and proper repairs, renewals, replacements and useful or required alterations, improvements and changes to the Property and/or specifically to the Improvements as, in the Beneficiary's sole judgment and discretion, may be reasonably necessary or desirable; (d) Cure any Event of Default at any time, and from time - to -time without releasing any Grantor from any obligation hereunder, and without waiving the default; (e) Commence and maintain one or more actions at law or in equity or by any other appropriate remedy: (i) to protect and 13 enforce the Beneficiary's rights, whether for the specific performance of any covenant or agreement herein contained (which covenants and agreements the Grantors agree shall be specifically enforceable by injunctive relief or other appropriate equitable remedy), or (ii) to collect any sum then due hereunder, or (iii) to aid the execution of any power herein granted, or (iv) to foreclose this Deed of Trust and/or to sell the Property, without regard to whether or not any sum secured by this Deed of Trust is then due and payable and without prejudice to the right of the Beneficiary thereafter to pursue and enforce any other appropriate remedy against the Grantors, whether such remedy is provided for hereunder or at law or in equity. 15. In addition to all other rights and privileges Beneficiary and Trustee enjoy hereunder, Grantors, upon the occurrence of an Event of Default, hereby: (a) Authorizes and empowers the Trustee to take possession of any or all of the Property, to foreclose under the Deed of Trust, including any amendments thereof or additions thereto and to sell any or all of the Property or any estate or interest therein in accordance with the terms of this Deed of Trust, and in accordance with the legal requirements governing foreclosure under deeds of trust, security trusts and/or security agreements, and/or (b) Consents to the entering of a decree for the sale of any or all of the Property or any interest therein by any court having jurisdiction over the sale of the Property. 16. If any or all of the Property or any estate or interest therein is to be sold under the provisions of this Deed of Trust, by foreclosure of this Deed of Trust or otherwise, it may be sold at public or private auction, with such postponement of any such sale as the Trustee may deem appropriate and without regard to any right of the Grantors or any other person to the marshalling of assets. Any such sale or sales shall be held at such time or times and at such place or places, and shall be made upon such terms and conditions, as the Trustee may deem appropriate. The Beneficiary may bid and become the purchaser at any such sale, and shall, upon presentation of the Notes or a true copy thereof be credited for the unpaid balance due under the Notes and any interest accrued and unpaid thereon, or such portion of such unpaid balance or interest as the Beneficiary may specify, against the price bid by the Beneficiary. The terms of sale being complied with, the Trustee may convey the Property "as is" "where is", free of and discharged from all estate, right, title or interest of the Grantors at law or in equity. Advertisement required for a Trustee foreclosure sale: once a week for two (2) successive weeks. No other advertisement shall be necessary. 17. If the Trustee shall postpone or continue the sale of all or any portion of the Property at any time or from time -to -time, the Trustee shall advertise the postponed sale in the same manner provided in this Deed of Trust for the advertisement of the original sale. 18. Sections 55-59 and 55-59.1 through 55-59.4 (collectively, the 14 I "Sections") of the Code of Virginia, 1950, as amended (the "Virginia Code"), as they exist as of the date of this Deed of Trust, are expressly incorporated herein by reference as if fully set forth and stated in the body of this Deed of Trust, and shall be construed to impose and confer upon all parties all rights, duties, and obligations prescribed by the Sections, except as otherwise expanded or restricted herein (and to the extent that any term of this Deed of Trust conflicts with any provision of the above Sections of the Virginia Code such that it would render the term ambiguous or unenforceable, then the applicable provision of said Sections shall be deemed to control), and the following complete provisions of Section 55-60 of the Virginia Code, are expressly incorporated herein by reference to them in "short form": Exemptions Waived Subject to all upon default Any Trustee may act Renewal, Extension or Reinstatement permitted Insurance Required Substitution of Trustee Permitted - for any reason and without prior notice to the Grantors Bidder's deposit required of not more than ten percent (10%) of the sale price 19. No Purchaser of all or any portion of the Property shall be required to see to the proper application of the purchase money. If any obligations and liabilities of the Grantors or any obligor on the Notes to the Beneficiary shall constitute contingent obligations or liabilities as of the date of any sale under this Deed of Trust, the Trustee is hereby authorized to hold on behalf of the Beneficiary from the proceeds of any such sale, (before the payment of any residue to any additional creditor or the Grantors), up to the maximum amount of such contingent liabilities and obligations of the Grantors and the obligors on the Notes, to or for the account of a Grantor, until such time as all such contingent obligations and liabilities either shall become absolute and unconditional obligations and liabilities of the Grantors to the Beneficiary, or shall be eliminated as obligations and liabilities to the Beneficiary. At such time as any contingent obligations and liabilities become absolute and unconditional, the Trustee shall be authorized to pay over directly to the Beneficiary all amounts it is holding for such purpose, up to those amounts immediately due under such obligations and liabilities, and Beneficiary may set aside and apply said proceeds received from any such sale, against any such contingent obligations and liabilities which have become absolute and unconditional, in the amount thereof. 20. (a) The Beneficiary shall have, and is hereby granted by the Grantors with a warranty of further assurances, the irrevocable power to appoint a substitute trustee or trustees hereunder and to remove the Trustee, or any of them from time to time without notice and without specifying any reason therefor, by filing for record a deed of appointment in the office in which this Deed of Trust is recorded. Such power of removal and appointment may be exercised as often and whenever the Beneficiary deems it advisable, and the exercise of such power, no matter how often, shall not result in an exhaustion of such power. Upon the 15 0 w N O recordation of each such deed of appointment or removal, each Trustee so appointed shall become fully vested with identically the same title and estate in and to the Property and with all of the identical rights, powers, trusts and duties of his predecessor or predecessors in the Property, as if originally named as the Trustee hereunder. Whenever, in this Deed of Trust, reference is made to the Trustee, it shall be construed to mean the Trustee or trustees for the time being, whether the original or any successor Trustee. All title, estate, rights, powers, trusts and duties hereunder given, appertaining to or vesting into the Trustee shall be in each Trustee, so that any action hereunder or purported to be hereunder of either one of the original or any successor trustees shall for all purposes be considered to be, and shall be as effective as the action of both trustees. The requirement that any trustee must post bond or qualify for bond to act in the capacity of trustee is hereby waived. (b) If a sale of the Property and/or Grantors' interest in any or all of the Property: (i) occurs by foreclosure, then all proceeds received in connection with such sale shall be disbursed in accordance with the provisions herein and as set forth and required in the Virginia Code, after first paying all expenses of sale including reasonable attorneys fees of up to twenty-one (21) percent of the aggregate amount owed to the Beneficiary, and after first paying a reasonable commission to the Trustee; or (ii) occurs by judicial sale or otherwise, then all proceeds of such sale, together with any other sum then held as security hereunder shall be applied first, to all expenses of sale, including reasonable attorneys fees up to twenty-one (21) percent of the aggregate amount owed to the Beneficiary, second, to pay the Trustee a reasonable commission, third, to all Taxes which the Trustee or the Beneficiary deem necessary to pay, and fourth to all outstanding indebtedness due the Beneficiary, together with interest thereon, as herein provided, to the payment of the cumulative and aggregate indebtedness secured hereby, paying over the surplus, if any, subject to all other terms and provisions herein. The Trustee is under no duty to evict any tenants or to obtain possession of the Property for any new purchaser. 21. Each power, right and remedy of the Beneficiary under this Deed of Trust shall be separate, distinct and cumulative of the other powers, rights, and remedies of the Beneficiary under this Deed of Trust, the Notes, and applicable law. No act of the Beneficiary shall be construed as an election of remedies to prevent the Beneficiary from exercising any other right or remedy of the Beneficiary under this Deed of Trust, the Notes, or applicable law. 22. Any delay or failure by the Beneficiary to enforce any of its remedies, or to insist upon the strict performance by the Grantors of any of the terms and conditions of this Deed of Trust or the Notes, at any time or from time -to -time, shall not constitute: (i) a waiver of any of Beneficiary's rights, privileges, or remedies hereunder, or (ii) a waiver of the terms and conditions of this Deed of Trust, and the Beneficiary, notwithstanding any such delay or failure, shall have the right thereafter to insist upon the strict performance by the Grantors 16 0 w N of all of the terms and conditions of this Deed of Trust to be performed by the Grantors, The Beneficiary may take any one or more of the following acts without notice to the Grantors or any obligor on the Notes, without any further consent of the Grantors or any obligor on the Notes, without adversely affecting Beneficiary's rights hereunder or under any of the Loan Documents, without discharging or releasing the Grantors, any Guarantor or any other person from liability under the Loan Documents and without impairing or affecting the validity and enforceability of this Deed of Trust: (a) The Beneficiary may fail or refuse to comply with any request of the Grantors or any obligor on the Notes to take action to foreclose this Deed of Trust or otherwise to enforce any of the provisions of the Notes or this Deed of Trust; (b) The Beneficiary may release, with or without consideration, all or any portion of the Property from the lien of this Deed of Trust or any other collateral securing the payment of any of the indebtedness secured by the lien of this Deed of Trust; (c) The Beneficiary may release, with or without consideration, any obligor on the Notes or this Deed of Trust; or any Guarantor under any Guaranty; (d) The Beneficiary may enter into any agreement or stipulation to extend the maturity of any of the Notes, modify the terms of any of the Notes or this Deed of Trust, or reinstate the indebtedness evidenced by any of the Notes in accordance either with the schedule of maturities as of the time of any acceleration of any of the Notes or with such new schedule of maturities as may be agreed upon. 23. If the Trustee and/or the Beneficiary: (i) shall be made parties to any action, suit, or other legal or governmental proceeding relating to or affecting the Property, the title to the Property, and/or the validity and/or priority of the lien of this Deed of Trust, (ii) in their sole discretion shall consider it necessary or advisable to commence or intervene in any such action, suit, or other legal or governmental proceeding, or (iii) shall employ attorneys to devise and represent them in the enforcement of any of the provisions of the Notes and/or this Deed of Trust, then in any and all such events, the Grantors shall reimburse the Trustee and/or the Beneficiary, immediately and without demand, for all reasonable attorney's fees and court costs incurred in any and all such events, together with interest thereon from the date of expenditure to the date of payment at the "default rate" of interest as set forth in the Notes during such period and all such costs, charges and expenses together with all accrued interest thereon shall he secured hereby as a further charge and lien upon the Property. The Trustee shall not be required to see that this Deed of Trust is recorded and shall not be liable for the default or misconduct of any agent or attorney appointed by it or for any other act or failure or refusal to act in connection with this Trust, except willful misconduct. The Trustee may act upon any instrument believed in good faith to be genuine and to be signed by the proper party or parties and shall not be liable for any action taken or suffered by it in reliance thereon. The 17 C:) N N Trustee in its discretion may consult counsel from time -to -time in connection with this Deed of Trust at the sole expense of Grantors and shall not be liable for any action taken by it in accordance with the advice of such counsel. 24. The Grantors will permit the Beneficiary and its officers, employees, agents and independent contractors to make entry upon and inspections of the Property without prior notice to the Grantors and without committing any trespass. 25. All amounts due under the Notes and this Deed of Trust shall become immediately due and payable, at the option of the Beneficiary, if there should be any sale, conveyance, transfer, encumbrance, assignment, or other change in the legal or beneficial ownership of all or any portion of any of the Grantors or any of the Property without the prior written consent of the Beneficiary, regardless whether any such sale, conveyance, transfer, encumbrance, assignment or any other change in the legal or beneficial ownership of all or any portion of any of the Grantors or Property adversely affects the interests of Beneficiary. 26. NOTICE -- THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE OF ALL OF THE PROPERTY CONVEYED. Provided there is no breach of any term or provision contained in the Loan Documents, the Beneficiary may entertain requests for the partial release of lots from the lien hereof, if the requesting Grantor is in compliance with the Partial Release Terms (as defined in the Borrower's Certificate) that are applicable to a Grantor seeking such a request, as determined in the sole discretion of the Beneficiary. 27. Upon full payment of all amounts due under the Notes and this Deed of Trust, the Trustee, upon the request of and at the expense of the Grantors, will execute a proper release of this Deed of Trust. 28. Each of the Grantors represents that any person executing this Deed of Trust in a representative capacity for the Grantors has all requisite authority to execute this Deed of Trust on behalf of the Grantors. 29. The Grantors shall notify the Beneficiary in the manner prescribed below of (i) the institution of any suit, action or other legal proceeding affecting or relating to all or any portion of the Property, (ii) the institution of any suit, action or other legal proceeding against the Grantor or any obligor on the Notes, (iii) any actual or threatened taking of, or damage to, all or any portion of the Property by condemnation or other exercise of the power of eminent domain, (iv) any damage to, destruction of, or loss of all or any portion of the Property, and (v) any other matter, event or occurrence which constitutes any of the Events of Default or which, upon the passage of time or the giving of notice or both, would constitute an Event of Default. Such notice shall be given to the Beneficiary within five (5) days after the date on which the Grantors shall first receive notice of any matter, event or occurrence with respect to which notice must be given under this paragraph. 18 0 W N W 30. Any notice which may be given by a party to this Deed of Trust must be in writing and shall be deemed to have been given by the sending party and received by the receiving party when any such notice shall have been hand -delivered to the receiving party at the address designated herein for such receiving party, or when any such notice shall have been posted in the certified mail of the United States, return receipt requested and postage prepaid, and addressed to the receiving party at the address designated herein for such receiving party. The Grantors hereby designate as their respective address for the purpose of receiving any such notice, the addresses stated in this Deed of Trust. Any party may change its designated address stated herein, at any time, by giving notice of such change to the other parties to this Deed of Trust in the manner set forth in this paragraph. 31. In the event of the filing of any voluntary or involuntary petition in bankruptcy by or against any Grantors (other than an involuntary petition filed by or joined in by Beneficiary), said Grantors shall not assert, or request any other party to assert, that the automatic stay under § 362 of the United States Bankruptcy Code shall operate or be interpreted to stay, interdict, condition, reduce or inhibit the ability of Beneficiary to enforce any rights it has by virtue of this Deed of Trust, or by virtue of any and all other deeds of trust, as may be amended, that have been executed by the Grantors, of any date, that are in favor of any Beneficiary, and which comprise a portion of the Loan Documents (collectively, together with all amendments, modifications and supplements made in connection therewith, the "Other Trusts"), or any other rights that a Beneficiary has, whether now or hereafter acquired. Further, Grantors shall not seek a supplemental stay or any other relief, whether injunctive or otherwise, pursuant to § 105 of the United States Bankruptcy Code or any other provision therein to stay, interdict, condition, reduce or inhibit the ability a Beneficiary to enforce any rights it has by virtue of this Deed of Trust against any party that is not subject to the jurisdiction of a bankruptcy court. The waivers contained in this subsection are a material inducement to Beneficiary's willingness to enter into this Deed of Trust and Grantors acknowledge and agree that no grounds exist for equitable relief which would bar, delay or impede the exercise of Beneficiary's rights and remedies against any Grantors. 32, In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Beneficiary shall immediately become entitled, in addition to all other relief to which Beneficiary may be entitled, to obtain (i) an order from the United States Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § 362 of the Bankruptcy Code so as to permit Beneficiary to pursue its rights and remedies against Grantors as provided under this Deed of Trust, the Other Trusts and all other rights and remedies of Beneficiary at law and in equity under applicable state law, and (ii) an order from the United States Bankruptcy Court prohibiting Grantor's use of all "cash collateral" as defined under § 363 of the Bankruptcy Code. In connection with such United States Bankruptcy Court orders, Grantors shall not contend or allege in any pleading or petition filed in any 19 0 c.) N court proceeding that Beneficiary does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by any Grantor to stay, condition, or inhibit Beneficiary from exercising its remedies are hereby admitted by Grantors to be in bad faith and Grantors further admit that Beneficiary would have just cause for relief from the automatic stay in order to take such actions authorized under state law. 33. The covenants, terms and conditions of this Deed of Trust shall be binding upon, and inure to the benefit of, the parties to this Deed of Trust and their respective heirs, personal representatives, successors and assigns and successors in title. In this Deed of Trust, the singular number shall include the plural and the plural number shall include the singular. The use of any gender in this Deed of Trust shall be applicable to all genders. The words "person" and "persons" in this Deed of Trust mean and include all natural persons, corporations, partnerships, companies, unincorporated associations, governmental agencies, trusts, guarantors, owners, estates and all other legal entities. 34. TIME IS OF THE ESSENCE with respect to each and every covenant, agreement and obligation of the Grantors under this Deed of Trust. 35. If any provision of this Deed of Trust shall be or become invalid, illegal or unenforceable, the validity, legality and enforceability of the other provisions of this Deed of Trust shall in no way be affected thereby. 36. Grantors hereby stipulate and warrant that the Loan secured hereby is a commercial loan, and that the proceeds of the Loan will be used for investment or commercial purposes. 37. This "Deed of Trust" shall mean this CREDIT LINE DEED OF TRUST and all supplements hereto and amendments hereof. 38. The "Grantors" shall mean the persons or entities hereinabove named as such, its/their successors and assigns, successors in title, and owners of any or all of the Property. 39. The Property being located in the Commonwealth of Virginia, this Deed of Trust and the rights and indebtedness secured hereby shall, without regard to the place of payment of any sum paid hereunder, be given effect and construed by application of the law of the Commonwealth of Virginia. 40, The grants, rights, privileges, and remedies in favor of the Beneficiary and Trustee herein, shall run with the land, and shall inure to the benefit of the Trustee, its successors and/or successors -in - title, and to the Beneficiary, its successors, assigns, and/or its successors -in -title. 41. IN ADDITION TO ANY OTHER WAIVERS CONTAINED IN THIS DEED OF TRUST, EACH OF THE GRANTORS HEREBY REPRESENTS, WARRANTS AND CONSENTS TO AN EXPRESS RELEASE, RELINQUISHMENT AND UNCONDITIONAL WAIVER OF: (I) ANY 20 CD ca N CI1 AND ALL RIGHTS TO RECEIVE AN ACCOUNTING OF ANY SURPLUS COLLATERAL, (II) THE RIGHT TO A TRIAL BY JURY, AND (III) ANY AND ALL CLAIMS OR THEORIES OF LIABILITY AGAINST THE BENEFICIARY IN FURTHERANCE OF ITS REMEDIES UNDER THIS DEED OF TRUST WITH RESPECT TO THE PROPERTY, EACH OF THE GRANTORS REPRESENTS AND WARRANTS THAT LEGAL COUNSEL OF CHOICE HAS BEEN AVAILABLE OR RETAINED TO REVIEW AND INTERPRET THIS DEED OF TRUST AND ALL WAIVERS AND RELEASES CONTAINED HEREIN, SAID COUNSEL BEING AVAILABLE, OR HAVING EXPLAINED AND ADVISED THE GRANTORS, AS TO THE DEED OF TRUST CONTENTS AND MEANING. MOREOVER, EACH OF THE GRANTORS FURTHER REPRESENTS AND WARRANTS THAT EACH COMPLETELY UNDERSTANDS THIS DEED OF TRUST HAVING SEEN AND READ ITS CONTENTS, AND IS EXECUTING THIS DEED OF TRUST VOLUNTARILY AND WITH THE GRANTORS' FREE CONSENT AND DESIRE. MOREOVER, EACH OF THE GRANTORS HAS REVIEWED AND APPROVED THE RELEASES AND WAIVERS HEREIN, AND HAS BEEN ADVISED BY COUNSEL OF THE CHOICES AVAILABLE TO EACH GRANTOR AS TO THE MEANING AND EFFECT OF THE RELEASES AND WAIVERS AND HAS FREELY AND WITHOUT DURESS AGREED TO EXECUTE THIS DEED OF TRUST. (signatures follow next) 21 WITNESS our signatures and seals: Grantors: CRYSTALTEWAYLL ' i a Virgi i limj, d iaby company By: l yr L DENVER E. allICNELLY Manager DOGWOOD JANDING, 6LL a Virginia limitiabiA company By: DENVER-E. QUINNELL Manager QUBOR, C a Virgi &TZ By: Manager 22 CD w fV Or 0 c.) N COMMONWEALTH OF I GIN ) -G"" /City of ) , to -wit: he foregoin was acknowledged before me, a Notary Public, this i day of , 2005, by DENVER E. QUINNELLY, - Manager of CRYSTAL GATEW , L-., a Virginia limited liability company ! 'A - �/ • A = F9OT&9Y PUB J " r• My Commission Expires: COMMONWEALTH OF �1 f�GINI ) (�a4y/City of �/ ), to -wit: foregoi was acknowledged before me, a Notary Public, this Srzhe day of 2005, by DENVER E. QUINNELLY, Manager of DOGWOOD LA,FING, LLC, a Virginia limited liability company. NOT PUBLIC My Commission Expires: J COMMONWEALTH ORI .Fern4y./City ofFj� to -wit: t+ he foregoing was acknowledged before me, a Notary Public, this day of �;� , 2005, by DENVER E. QUINNELLY, Manager of QUBOR, LLC, a J rginiq,,I�mited liability_X_qmpany. My Commission Expires: (O 23 CD w tv w EXHIBIT A FREDERICK COUNTY, VIRGINIA (DOGWOOD LANDING PROJECT) TRACTS FIVE AND SIX ON LAWYERS TITLE BINDER NO. TC05-357 TRACT FIVE: All that certain tract containing 5.900 acres, and more particularly described by plat ofsurvey drawn by Randy A. Stowers, Land Surveyor, dated March 25, 2004, which is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 04-0005416, and by this reference made a part hereof as if set out in full. (Tax Map No. 86-A-142) TRACT SIX: All that certain tract of land lying to the east and contiguous with Tract One above and containing 1.25 acres (Tax Map No. 86-A-141). AND BEING the same land conveyed to Dogwood Landing, LLC by Deed dated June 28, 2004 from T. W. Grove, Incorporated, a Virginia corporation, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No, 04-0012161. 12201-B L..Docv 1 A IEO k. ra DDiAE.hb. A, Doyrood Wd 0 W N �D EXHIBIT A SHENANDOAH COUNTY, VIRGINIA (CRYSTAL GATEWAY PROJECT) TRACT TWENTY-FOUR ON LAWYERS TITLE BINDER NO. TC05-357 TRACT TWENTY-FOUR: Being all of the land conveyed to E. F. and Hugh H. Hockman by Inez Hupp as recorded in the Land Records of Shenandoah County, Virginia, in Deed Book 146 at Page 317, said land being more particularly described as follows: Beginning at a stone comer to Frank Hupp's Frontier Fort Inn 4.0 acre tract on the North line of U.S. Route No. 11, S 54009'50" W, 382.68 feet from V.H.C. Monument at the end of a curve of said Route 11, and running with Frank Hupp N 43020' W, 288.01 feet to a stone; S 54'04'10" W, 605.26 feet to a stone; and S 42°51'30" E, 286.71 feet to the North line of Route 11; then with Route 11, S 54°09'50" W, 62.86 feet to a corner of Francis Knee; then with Knee and the Grove Estate N 41°14'40" W, 491.95 feet; still with Grove Estate N 40°25'20" W, 232.40 feet to the Southeast line of Virginia Route No. 794; then with Route 794 N 47°52' E, 443.82 feet; N 34-38'40" E, 437.67 feet; and N 30°20'30" E, 129.05 feet to a comer of Standard Limestone; then with Standard Limestone and Crystal Caverns S 74°47'20" E, 3083.48 feet to the North line of Route 11; then with Route 11 S 61 °04' W, 729.14 feet; then with a curve of 6*54' 10" angle a chord of S 57°24'50" W, 716.89 Feet to a monument, then S 54°09'50" W, 382.68 feet to the beginning containing 81.814 acres, more or less. SAVE AND EXCEPT: All that tract or parcel containing 0.701 acre, more or less, as described in that certain Deed of Gift by and between Wayside of Virginia, Inc., a Virginia corporation previously known as "Wayside World Corporation, Inc." and Wayside Museum of American History and Arts, Inc., a Virginia corporation, recorded in Book 619 at Page 207, of the Deed of Records of Shenandoah County, Virginia. AND BEING the same land conveyed to Crystal Gateway, LLC, a Virginia limited liability company, by Deed from Strasburg Holding, LLC, of record in the Clerk's Office of the Circuit Court of Shenandoah County, Virginia, in Deed Book I t83 at Page 856. Tax Map No. 025-A-002 (81.113 acres) 12201-B Lose Dow-1 A IE h,6b rw DC)T T hbu A . C",.1 rpd 0 w c.> 0 EXHIBIT A SHENANDOAH COUNTY, VIRGINIA (WOODSTOCK COMMON PROJECT) TRACT TWENTY-FIVE ON TITLE BINDER NO. TC05-357 TRACT TWENTY-FIVE: All that certain tract or parcel of land, lying and being situate in the Town of Woodstock, Stonewall Magisterial District, Shenandoah County, Virginia, containing 16.0658 acres, as shown on the Plat of Survey drawn by Randy A. Stowers, L.S., dated April 19, 2005, and by this reference made a part hereof as if set out in full; AND BEING the same land conveyed to Quhor, LLC by Deed dated April 28, 2005 from First Valley Investments, LLC, of record in the Clerk's Office of Shenandoah County, Virginia, in Deed Book 1206 at Page 916. Tax Map Nos.: 45A3-A-5, 45A3-A-6A, 45A3-A-7A 12201.8 J—Dacumoo lA L.Nh-U for DOTS\EdIN A - WooO k CO— wpd 0 w C,3 EXHIBIT A SHENANDOAH COUNTY, VIRGINIA (ORCHARD VIEW SUBDIVISION) TRACT TWENTY-EIGHT ON TITLE BINDER NO. TC05-357 TRACT TWENTY-EIGHT: All that certain piece, parcel or tract of land, situate and lying and being in the Town of Woodstock, Stonewall Magisterial District, Shenandoah County, Virginia, containing 9.0188 acres, as shown on the Plat of Survey drawn by Randy A. Stowers, L.S., dated April 12, 2005, attached hereto and by this reference made a part hereof as if set out in full; AND BEING the same land conveyed to Qubor, LLC by Deed dated April 28, 2005 from Crystal Investors, LLC, of record in the Clerk's Office of the Circuit Court of Shenandoah County, Virginia, in Deed Book 1206 at Page 913. Tax Map No.: 045A1-A-126A 12201-8 Lo 0ocurtr,x„ A %d b. s fm DOT,)E,Abd A - 0,,Wd Vw ,vpd VIRGINIA RECORDING TAX AFFIDAVIT c.� (METRO FINANCE, L.L.C. LOAN) c a N TO: Clerks of the Circuit Court for the County of Frederick, Virginia County of Shenandoah, Virginia The undersigned duly appointed representative ofeach Grantor underthe Deed ofTrust dated May 4, 2005, and presented for recording (the "Deed of Trust") hereby certifies that: 1. The Fair Market Value of all property subject to the Deed of Trust is $9,440,300.00. 2. Because the Fair Market Value of all the property subject to the Deed of Trust and located in the Commonwealth of Virginia ($9,440,300.00) is less than the amount of the secured indebtedness, pursuant to §58.1-803 as interpreted by the Department of Taxation, Regulation 23VAC10-230-50, recordation tax is based on the value of the property, $9,440,300.00. 3. The total principal indebtedness secured by the Deed of Trust is $11,690,073.54. The value of real estate in the Commonwealth of Virginia is $9,440,300.00, therefore, the tax is based on $9,440,300.00. VIRGINIA STATE RECORDING TAX 4. Based on the calculations set forth herein pursuant to §58,1-803, Code of Virginia, 1950 as Amended: $0.25 upon every $100.00 for first $$9,440,300.00 $23,600.75 5. The Virginia State Recordation Tax on $9,440,300.00 is $23,600.75 and which has been paid in the County of Frederick, Virginia, as shown by the attached copy of the receipt from County (or which is being paid to said County Clerk at the time of recordation) pursuant to §58.1-812(B), Code of Virginia, 1950, as Amended. 12201 Loan Docvmevu 2 \ A \Cak of K=rdinp Cope . MWo wpd Page 1 of 3 0 w w LOCAL RECORDING TAX Pursuant to §58.1-814 1. The total local recording tax on $9,440,300.00 is $7,866,92. 2. The amount of local recording tax attributable to eachj urisdiction within the Commonwealth of Virginia is as follows: Value in Local Tax in Jurisdiction Percentage Jurisdiction (a) County of Frederick $975,300.00 10.33% $ 812.65 (b) County of Shenandoah 8,465,000.00 89.67% 7,054.27 $9,440,300.00 100% $7,866.92 The above subscribed and sworn to by Benjamin M. Butler, Attorney for each Grantor listed in the aforesaid attached Deed of Trust. CRYSTAL GATEWAY, LLC Subscribed and sworn to before me this .S� day of 12005. Notary Public `J v4 E °' My Commission Expires: ` .• NOTAO PUS 0-- TF G N���° OF 12201 L— Du— 2A �Cak, ofR—du Cori. M— "d Page 2 of 3 O W CALCULATION OF RECORDING COSTS (METRO FINANCE, L.L.C. LOAN) �- Jurisdiction Tax Map No. Assessed Value FMV Frederick County Dogwood Village 86-A-142A 86-A-141 Total Dogwood $ 99,000.00 7,500.00 $106,500.00 $975,300.00 Frederick County Total $106,500.00 $975,300.00 Shenandoah County Crystal Gateway, LLC 025-A-002 $583,500.00 $5,000,000.00 Qubor, LLC (Orchard View) 045A-lA-126A $142,800.00 $645,000.00 Qubor, LLC (Woodstock Common) 45A3-A-5 45A3-A-6A 45A3-A-7A $323,700.00 500.00 500.00 $2,820,000.00 Shenandoah County Total $1,051,000.00 $8,465,000.00 TOTAL OF ALL JURISDICTIONS I1,157,500.00 $9,440.300.00 VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on S- 6-05 at A';1'01 e.^' and with certificate of acknowledgement th.rc to annexed was admitted to record. T imposed by Sec. 58.1-802 of $ , and 58.1-801 have been paid, if assessable 'f 4�/6'A 12201 L—D. ,-:IA%c,kore—dwjC—.Ma," Page 3 of 3 ten cs 050024069 THIS DEED OF DEDICATION, made and dated this 261 day of September, 2005, by and between DOGWOOD LANDING, LLC, a Virginia Limited Liability Company, party of the first part, hereinafter called the DECLARANT (Grantor for indexing purposes), and FREDERICK COUNTY, VIRGINIIA, party of the second part (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATION AUTHORITY, party of the third part (Grantee for indexing purposes), and ARTHUR TSIAMIS, Trustee, party of the fourth part (Grantor for indexing purposes), and METRO FINANCE, L,L,C, party of the fifth part (Grantor for indexing purposes). WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Cory M. Haynes, dated November 20, 2004, revised October 13, 2005, known as Dogwood Village, which property is further described on the Final Master Development Plan of Dogwood Village as filed in the Office of the County of Frederick Department of Planning and Development. This is the same land conveyed to DOGWOOD LANDING, LLC, a Virginia limited liability company, by Deed dated June 28, 2004 from T. W. Grove, Incorporated, a Virginia corporation, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04-0012161; and, WHEREAS, said property is subject to a Deed of Trust dated May 5, 2005 from Dogwood Landing, LLC to Arthur Tsiamis, Trustee, to secure a certain obligation to Metro Finance, L.L.C., of record in the aforesaid Clerk's Office as Instrument No. 05-0009634; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots for the construction of single family homes thereon, and the attached plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used as common open space, storm water detention easement, landscaping easements, access and driveway easements, sanitary sewer easements, drainage easements, and utility easements over and across said lots, and further shows a certain private street to be used by all lot owners in common which street is known as April Avenue, and which common open space, driveway, access easements, and April Avenue shall be owned and maintained by Dogwood Village Homeowners Association, Inc., upon the terms and conditions set forth hereinafter; and, O WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Dogwood Village, the subdivision of said real estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, and the DECLARANT hereto further desires to subdivide the aforesaid real estate in accordance with the provisions of"The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication-, and, WHEREAS, the parties of the fourth and fifth part as Trustee and Beneficiary, respectively of the aforesaid Deed of Trust, of record as Instrument No. 04-0012152, desire to express their consent to the subdivision of the aforesaid tract of land. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide all of that certain tract or parcel of land designated as Dogwood Village Subdivision, Lots 1 through 22, inclusive, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of Cory M. Haynes, dated November 20, 2004, revised October 13, 2005, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the final master development plan for Dogwood Village, on file in the Office of the Frederick County Department of Planning and Development. The derivation of title for the aforesaid land is as stated herein before in the recitals. All of the lots shown on the plat attached hereto shall be subject to the Declaration of Covenants, Conditions and Restrictions to be recorded contemporaneously with this Deed of Dedication The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned DECLARANT, Trustee and Beneficiary of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. WITNESS the following signatures and seals: STATE OF VIRGINIA, CITY OF WINCHESTER, TO WIT: 0 cn un 1, . E (,, // a notary Public in and for the State and jurisdiction aforesaid do hereby certify that Denver E. Quinnelly, Member/Manager of Dogwood Landing, LLC, whose name is signed to the foregoing Deed of Dedication dated theme day of 2005, have personally appeared before me and acknowledged the same in m State and jurisdiction aforesaid. Given under my hand this 1� day of aA92[, 120105. My commission expires: /-,�i�7 Notary Publi MOTA R ; PUB Or ,'��_ "' rF `P OF VO````\�� ��1hlll H 1 Uy0 WITNESS the following signatures and seals: STATE OF VIRGINIA, CITY/COUNTY OF -t �'%A'J� , TO WIT: O Ul C I, A SAM aa►notary Public in and for the State and jurisdiction aforesaid do hereby certify that Arthur Tsiamis, Manager of Metro Finance, L.L.C., and Arthur Taiamis as Trustee, whose name is signed to the foregoing Deed of Dedication dated the ZNay of SEPV M SIB P, 2005, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid Given under my hand this ay of 2005. •,• '' • My commission expires: :A -do Notary Public R C _ •�����1c � y ' 11912-A Deg—d \ A\D.W of D,dw .. D.S..W V Sµvyd J \ / 116 +• �` ' 117A -y i. ,yea-+47 ryv, 135 hry 55 Line o.i A �yo " parr, d 102A cv 111 -PAO N 143C '156 cc n 80 g a� b• w 116 117 4 a 4 5 6" S I T E R( 2)7 �a 117 143E ria_xN �N�„• 143B 3A .� 143D 764 ,� ,r A 143 r:i. 183 160 VICINITY MAP SCALE: 1" - 1,000' APPROVED BY: FREDERICK COUNTY SANITATION AUTHORI DATE 13 ac7`45- FREDERICK COUNTY SUBDIVISION TRATOR DATE OWNER'S CON THE A VE A 0 GOIN UBDIVISION OF DOGWOOD VILLAGES, AS APPEARS ON THE ACCOMPANYING PLATS, 15 WITH FR ENT IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND T TE I Y. By, NOTARY PUBLIC: STATE OF IV n I C,-, (COUNTY OF Y ��Q l �"��"u"1#80•�• ��.• GHRIST� '•. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON '' D j U 5 =� �. -.om Ap,.;N11 ) �• N BY v-v-f F2 (�LL(-ncmI MY COMMISSION EXPIRES ob (NOTARY PUB ;�9 '• /NfA SURVEYOR'S CERTIFICATE SLIC I, CORY M. HAYNES, A DULY AUTHORIZED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS THE SAME PROPERTY CONVEYED TO DOGWOOD LANDING. LL.C.. BY DEED RECORDED AT INSTRUMENT #040012161 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. TH p�, FINAL SUBDIVISION PLAT DOGWOOD VILLAGE OPEQUON MAGISTERIAL DISTRICT �' • �-`^ i FREDERICK COUNTY, VIRGINIA V CORY 11 HAYNES > SCALE AS SHOWN DATE, NOVEMBER 20, 2004 C REVISED DUNE 16, 2005 No. 2539 REVISED OCT 13, 2005 101131't' s PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNING rc $ 117 E PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 11 (540) 667-2139 SHEET 1 OF 7 c AREA SUMMARY: - TOTAL DEVELOPMENT AREA- 333,058.17 S.F. or 7 6460 ACRES AREA IN LOTS: 122,257 SY, or 2 8066 ACRES JERRY A TAYLOR 21,420 S F. or 0 4917 ACRES TOTAL OPEN SPACE 128,516 S F or 2.9503 ACRES AREA IN OPEN SPACE o AREA IN R/W 60.863.00 S.F or 1 3972 ACRES cn TOTAL AREA SUBDIVIDED 311,638 S. F. or 7.1542 ACRES Cr) NUMBER OF LOTS 22 tv AVERAGE LOT SIZE 5,557 S F. SMALLEST LOT 5,006 S.F ALLOWABLE DENSITY 10 LOTS PER ACRE (165-62A) MINIMUM SETBACK REQUIREMENTS: PARENT PARCELS: FRONT = 20' 86 -((A)) - 1 42A REAR = 15' 86-((A))-141 SIDE = 5' MINIMUM LOT WIDTH AT SETBACK = 70' ZONED: RP & RA MINIMUM WIDTH AT R/W = 20' MINIMUM LOT AREA = 3,750 S F. ALL LOTS ARE SINGLE FAMILY DETACHED - URBAN CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD Cl 4. 1E C2 25 '21 28. 5 N0534'52 W .04 C3 3 8'05 12.73 N45'31 OS W 9 C4 60.00' 59'88 O7 34.62 S42'31 07 E ' C5 25,00,53 ' 12.73 N3931'09 W 22.89 C6 53'58 OS .55' 12.73 ' C7 60. ' 35'41 21 37. 7 19.32' S77'22'23 W ' C8 53S4 05 23.52' 12.71 N68'1 '01'E 68' C9 7 7'1 5" 142-35' 71.71' N32 43 51 E 141.82 C10 175 ' 31'0135 NO3'01 14 W 93.61 C11 25.00' 84'55 11 S29'38 02 E 33.75' C13 25-001 53'S8'05 23.55 12.73' S08'27 01 W 2.69' C14 60.00' 45'01 52 24,87 N12'55 0 E 45.95 C15 35. ' S0'23 45 7 ' 16.47 S1536'03"W 29.80 C16 1 • ' 152.59' 8.84' N 0'E 1 ' C17 23. ' 90,00,05 36.13' 23.00' S69'08'48"W 32.53 C18 180100 00 166.50'INFINITE* 106.00 C19 90'00 05 3. 0' S69'08'46 W 74.95 C20 475.00 ' 17.46 8.73 17.48 C21 475,00 ' 67.22 33.67 67.16 C22 475.DO 53.14 26.80 53.11 C23 475.00 0 7" 4.53 2.28 4.53 C24 53.00 17.72 8.94 533'4,3'2lrW 17.64 C25 53.00 25.22 12.86 s5sullirw 24.99 C26 53.00 35.21 1&28 S891m,11*w 34.58 C27 53.00 • ' " 5.10 2.55 'yy 5.10 C28 53.00 05 7" 61.02 34.39 57.70 C29 53.00 '1 " 105.49 81.67 88.92 C30 525.00 '48' " 34.95 17.48 34.95 C31 525.00 6' 53.39 26.72 53.37 C32 525.00 84.25 32.17 64.21 C33 530.00 UU9, 78.09 39.11 N28'21'570E 78.02 C34 150.00 94.53 48.89 _g0Q2aWW 92.97 C35 500.00 16• 'i 145.33 73.18 144.82 CURVE "C12' OMITTED INTENTIONALLY �DIMI.LtHAYNES FINAL SUBDIVISION PLAT ofDOGWOOD VILLAGE 'AOPEQUON MAGISTERIAL DISTRICT �✓FREDERICK COUNTY, VIRGINIA SCALE AS SHOWN DATE: NOVEMBER 20, 2004 COREVISED JUNE 16, 2005 REVISED OCT 13, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION '�' CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E PICCADILLY STREET, WINCHESTER, MRGINIA 22601 (540) 667-2139 SHEET 2 OF 7 LINE TABLE LINE BEARING LENGTH L1 w ' L2 . w ' L3 1 ' L4 ' L5 ` ' L6 7 1 ' L7 ' L8 ' L9 ' L10 7 ' 9' L11 L12 ' L13 " L14 ' L15 M24'08'44*E 33 4. JW L16 ' L17 3 L18 ' L20 ' L21 ' L22 L23 N 1- ' L24 ' L25 '1 1 L28 '1 I *E 60.56' L27 67 6.7 ' L28 ' L29 ' L30 N 1 .3 ' �Q►LTH p6, D CORY M. HAYNES > No. 2539 Io113/os f'ya� 04 0 cr1 rn c.� FINAL SUBDIVISION PLAT DOGWOOD VILLAGE OPEOUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE. AS SHOWN DATE. NOVEMBER 20, 2004 REVISED: JUNE 16, 2005 REVISED OCT 13. 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 3 OF 7 KEY SHEET 10' WALK PATH & EMERGENCY ACCESS EN SPACE ul OPEN SPACE cV `t * 2 O O O LOT 11 N it SEE SHEET 7 a LOT 10 APRIL z AVENUE W C $ LOT 9 LOT 15 LOT 8 LOT 7 LOT 16 LOT 17 LOT 6 Z N Q LOT 18 M a LOT 5 v �S a LOT 19 SEE SHEET 6 z LOT 4 ¢ z $ LOT 20 LOT 3 LOT 21 LOT 2 LOT 22 JSPACE PIN 86-((A))-142 a a rn z SEE SHEET 5 GF OPEN SPACE 4 OPEN SPACE 1 ROUTE 277 FAIRFAX PIKE FINAL SUBDIVISION PLAT f� DOGWOOD VILLAGE CFREDERICK OPEQUON MAGISTERIAL DISTRICT COUNTY, VIRGINIA a SCALE. t"s100' DATE• NOVEMBER 20, 2004 REVISED DUNE ts, 2005 j2539 REVISED• OCT 13, 2005 PATTON HARRIS RUST ASSOCIATES & A PROFE55IONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING -PLANNING r 117 E PICCADILLY STREET, WNCHESTER, VIRGINIA 22601 r (540) 667-2139 SHEET 4 OF 7 i loe� N /F COUNTY OF FREDERICK D 8 441, P. 97 (LANDGRANT LANE) PIN 86—((A))-117A S 4' 0 1"W 130 93 151.39 00 350 01 xx c: ESMT z j bcr 20 92' Ln (OPEN SPACE11 SF 7-1LA 21,507 / � I �� v' moo nNi E5MTDRAIN� O u' 1 (Z �' h rn N � J d N 1 A DIN �➢ o L5 X Lo Z n rs l 0 51' GRAPHIC SCALE ' 25 50D 100 1 inch . 50 tt N 0 u1 15' INACTIVE BUFFER 10' ACTIVE BUFFER-1 OPEN SPACF 2 45,2 2 S N24'2007"E 572.7(ITOT.) 48.70 �2 r5TBR qr O poCo 'o /4 5, 5 S "" h DRAIN\ T. � � C N28'51'0S E ' 1> 179 02' (TOT )- 20' WATE SMT. OPEN SPACE 4 N/F J£RRY A TAYLOR & DONNA M TAYLOR INSTR #040006903 3 INSTR #040005416 s PIN 86-((A))-142 167 79' 24'08 'E 933.37 i b n,, o X2 r DRAIN ESMT.3 co r y w N O w p_ w to c3 12 31 w Z U �I Ln 53.00' OPEN SPACE 3 y 54,632 SF -IL- -- N24'05 44 E 934.37 TOTAL / COUNTY OF FREDERICK PIN 86-((A))-143C o!17Q,LTH 6 FINAL SUBDIVISION PLAT DOGWOOD MLLAGE OPEOUON MAGISTERIAL DISTRICT VIRGINIA FREDERICK COUNTY, SCALE• 1"-50' DATE• NOVEMBER 20, 2004 REVISED JUNE 16, 2005 J�444117 REVISED OCT 13, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION NSULTING ENGINEERING - LAND SURVEYING- PLANNING E PtCCADILLY STREET, W1NCFiE51ER, YIRGtNIA 22601 (540) 667-2139 SHEET 5 F 71 u1 m N /F 5' INACTIVE BUFFER (LANDGRANT LANE) COUDNTTY 0 441, FRRED� ICK 10' ACTIVE BUFFER PIN 86-((A))-117A 't ' IA OP N A 2 727.22' „—_ 45252 N24'20'07"E 572.70'(TOTAL i _^_ — — - 53 00' 53.00' 53. 00' S3. 00'TF- El (To' 53.00 I` r 15' BRL� 15' BR'L� r15' BRL� r 15' BRL5' BRL7 r 1� 2 1 I 3 I I 4 1 1 5 6 1 1 7 io•I5,392 SFI� 15,449 SF- .15,440 SF�5,431 SFia�51422 SF- .1 m�r�II,v°'i� �- laoIr �^Inw af^Ilnw a^Ir)Qf of-I`''x iNrnm mu'loE° m;nlom m 40 m om m, lom 1n �- qLL1I�'0 90' I I v1 20' r` 7' 1'35"W 1 0 -DRL20'�B1 J L ZP-' QEL1 L BRL -1.- To 0' SAN SEW. ESMT. O C _ 3 10 (50 ' R/W) APRIL o0 DRAIN. O ti~ ,L L1Z AVENUE o ESMT. L22 W' N28'51'05"E 20' DRAIN. r 179 �2'-- ESMT. ZQ; ,TQRAIN, En LLJ W C33` (3 L 0- _15 _ N BRL7 F 20 BRL'1 �20' BRL� 20 BRL� (-20' BRL� r 20 BRL, 1 22 1 1 1 10 3 1 20' WATER ESMT, 3 1 17 3 J w 6,tt2 SFI I 21 3 Io 20 I 19 3 •I 18 31 15,923 SF Io 5,909 SF^Ito 5,909 SFI1 5,909 SF.RLo 5,910 SJrI Ln -- ;n in to z co n Z �z I z I n `n I r' inz I Un in n 10.00' 1 15_ BRLJ L 15_8B L BRL 1 L 1L'�&--j L L5'�Bl- 15' 8Ry 53 0' 20.02 5 .00' 19.15 N 24.0r� 49' 10 00' 179 54' 933.37 (TOT. 20' DRAIN ESMT. 20' DRAIN. ESMT. OPEN SPACE 3L26 N23'S9'11"E 54,632 SF 222.35' ('TOTAL) 10 00 _ N24-08 44 E 934.37 TOTAL / COUNTY OF FREDERICK PIN 86-((A))-143C GRAPHIC SCALE w O t` 2 N w w V) I w z N FINAL SUBDIVISION PLAT DOGWOOD VILLAGE OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=50' DATE: NOVEMBER 20, 2004 REVISED. JUNE 16, 2005 REVISED. OCT 13, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING T17 E PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 6 OF 7 0 N /F (LANDGRANT LANE) COUNTY OF FREDERICK D B. 441, P, 97 "J _ S24'20'11"W 928.62'(TOTAL) _ PIN 86- A -117A 15' INACTIVE BUFFER 71 12 w _ — - - -- OPEN SPACE 2 cn I*10o 10' ACTIVE BUFFER 45.252 SF N24'2_0'07'E 572, '(10TAL) _ _ 53.00 53.00' 51.00' 51.00, S1.00' # 75 775' r 15' BRL l 5' BRL r 15' BRL r 1 1 8 ,1 1 9 # ! 10 ^ 1 11 ")Qo S24'40'51" SF 1 5 403 SF' 15,190 SO: 15,153 SF: -i ^ 5,409 S ,n 70. 26' I `O g m 9,- Lr)��loce ��lcow ar-ItO� �;nitn m z 20' SAN m71 CAM m;n .-m m;n r:m min 00 _ Q ESMT . , all 0- ,mil o z ! m a �n�u`aill� �v)iil� �iiln u'I�1in I u, �-- --Ll7 110 00' _ 122 DRAIN. ESMT. F SRq FT 29 TER ESMT 16 3 1 15 5,910 SF -1-Q 6,019 SF, to -ja r ��I—of O m;n -co co! n nZl<n nI 1 L_1-.' 31Rt J 4.08' 9"w -- - -89.20 -1 rnm N -5' BRL �! ` 1 �O z ll0. 12 it \Epp 5,180 SF Ln LN24_0844"E-� a (N -97 24'- - 1 0o c1 5 8RL Jl 1� 13 m1 '� 5,006 SF 3 44' 5' qRL J LN24'08 3 44"E :797.00'- - W LZ 2OC' 5' BRL /2AN. 14 o 1p 00 ESMT 5,315 SFq O� 5' 8RL,_ Z z� ``''i N24 08 44 E $ 220.76' (TOT) N 24'0P-49- 1 10.00' 933.37 (TOT. L28 20' DRAIN. ESMT. 120' DRAIN. ESMT N 2 7� 10.00' L_ N24'08'44"E 934.37'(TOTAL) N24'43'23"E COUNTY OF FREDERICK 358 78'(TOTAL) PIN 86-((A))-143C 158 62' OPEN SPACE 3 54,632 SF U'44117 1yTH oD! FI AL DOGWWOOD SVILLAGEION T OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA S > SCALE: 1"-50' DATE: NOVEMBER 20, 2004 REVISED. JUNE 16, 2005 WHIC SCALEREVISED ocr 13, zoob I5 50 ,PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION 4 CONSULTING ENGINEERING - LAND SURVEYING -- PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch : 50 ft(540) 667-2139 SHEET 7 OF 7 O C-n a C'� VIRUIT"' FREDERICK COUNTY, SCI' This ursmnunent of wiitmg was prodttoad to me on /0 '1 ,14 a5 at •r..�• and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec. 58.1-802 of S-d44J.._, and 58.1-801 have Caen paid, if aaaessable 05002624E 0 RECORDATIO g0VER SHEET O TYPE OF INSTRUMENT: DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR DOGWOOD VILLAGE DATE OF INSTRUMENT: OCTOBER 15, 2005 NAMES OF GRANTORS: 1) DOGWOOD LANDING, LLC 2) ARTHUR I. TSIAMIS. TRUSTEE 3) METRO FINANCE, L.L.C. 4) DOGWOOD VILLAGE HOMEOWNERS ASSOCIATION, INC. NAMES OF GRANTEES: (FOR INDEXING PURPOSES) COUNTY WHERE PROPERTY LOCATED: BRIEF DESCRIPTION OF PROPERTY: 1) DOGWOOD LANDING, LLC 2) DOGWOOD VILLAGE HOMEOWNERS ASSOCIATION, INC. FREDERICK COUNTY DOGWOOD VILLAGE SUBDIVISION TAX PARCEL IDENTIFICATION NOS.: SEE ATTACHED EXHIBIT C THIS INSTRUMENT WAS PREPARED BY: BENJAMIN M..BUTLER 112 S. CAMERON STREET WINCHESTER, VA 22601 RETURN TO: SAME 0 w o� TABLE OF CONTENTS Paste ARTICLEI DEFINITIONS.............................................................................................I...........3 Section1. "Association"...............................................................................................3 Section2. "Common Area"..........................................................................................3 Section3. "Declarant..................................................................................................... Section4. "Declaration"...............................................................................................4 Section5. "Dwelling Unit".......................................................................................I...4 Section7. "Lot".............................................................................................................4 Section8. "Member".....................................................................................................4 Section9. "Mortgagee"...............................................................................I......I...... I ...4 Section10. "Owner".......................................................................................................4 Section 11. "Participating Builder".................................................................................4 Section12. "Property"....................................................................................................4 Section13. "Structure"...................................................................................................4 ARTICLEII MEMBERSHIP.......................................................................................................5 ARTICLE III VOTING RIGHTS..................................................................................I................5 Section1. Classes......................................................................................................... 5 Section2. Annexation................................................................................................... 5 Section 3. Multiple ownership interests.......................................................................6 ARTICLE IV PROPERTY RIGHTS.............................................................................................6 Section 1. Members Easements of Enjoyment.............................................................6 Section2. Delegation of Use........................................................................................8 ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS.......................................8 Section 1. Creation of the Lien and Personal Obligation of Assessments ....................8 Section2. Purpose of Assessment................................................................................8 Section 3. Establishment of Annual Assessment.......................................................... 8 Section 4. Basis and Maximum of Annual Assessment...............................................9 Section5. Special Assessments....................................................................................9 Section 6. Quorum for any Action Authorized Under Sections 4 and 5 ....................10 Section 7. Working Capital Assessment.....................................................................10 Section 8. Rate of Assessment....................................................................................10 Section 9. Notice of Assessment and Certificate........................................................ I I Section 10. Remedies of the Association in the Event of Default ................................ I 1 Section 11. Subordination of the Lien to Mortgages .................................................... I I Section 12. Exempt Property........................................................................................12 C7 W Cn IV Section 13. Reserves for Replacements........................................................................12 ARTICLE VI RESTRICTIVE COVENANTS.............................................................................12 Section1. Use.............................................................................................................12 Section2. Modifications............................................................................................13 Section3. Laundry ......................................................................................................13 Section4. Sight Lines.................................................................................................13 Section5. Vegetation..................................................................................................13 Section6. Noxious Activity........................................................................................13 Section7. Signs..........................................................................................................13 SectionS. Animals......................................................................................................13 Section9. Trash..........................................................................................................14 Section10. Antennae....................................................................................................14 Section11. Paint...........................................................................................................14 Section 12. Exteriors of Structures...............................................................................14 Section13. Fences........................................................................................................14 Section14. Vehicles.....................................................................................................14 Section 15. Commercial Vehicles.................................................................................14 Section 16. Recreational Vehicles................................................................................15 Section17. Towing.......................................................................................................15 Section18. Leases........................................................................................................15 Section 19. Declarant's Activities.................................................................................15 Section 20. Rules and Regulations...............................................................................15 ARTICLE VII ARCHITECTURAL REVIEW BOARD...............................................................15 Section1. Composition...............................................................................................15 Section 2. Method of Selection...................................................................................15 Section 3. Removal and Vacancies.............................................................................16 Section4. Officers......................................................................................................16 Section5. Duties.........................................................................................................16 Section 6. Failure to Act.............................................................................................16 Section 7. Enforcement...............................................................................................17 Section8. Appeal........................................................................................................17 ARTICLE VM EASEMENTS............................................................................................17 Section 1. Blanket Easements....................................................................................17 Section 2. Exercise of Easement Rights.....................................................................17 Section 3. Encroachments...........................................................................................17 Section4. Development..............................................................................................18 Section 5. Utilities............................................................ Section 6. Declarant -Retained Easement Rights........................................................18 ARTICLE IX COMMUNITY PARK...........................................................................................18 ii ARTICLEX TOWN CONSENT................................................................................................18 ARTICLE XI POWERS AND DUTIES OF THE ASSOCIATION............................................19 Section 1. Discretionary Powers and Duties...............................................................19 Section 2. Mandatory Powers and Duties...................................................................20 ARTICLE XII RIGHTS OF MORTGAGEES..............................................................................22 Section1. Notice.........................................................................................................22 Section2. Unpaid Assessments..................................................................................22 Section 3. Books and Records....................................................................................22 Section4. Notice.........................................................................................................22 Section5. Rights.........................................................................................................22 ARTICLE XID GENERAL PROVISIONS........................................................................25 Section 1. Enforcement...............................................................................................25 Section 2. Severability; Headings; Conflict................................................................25 Section3. Duration; Amendment...............................................................................25 Section 4. Special Amendment....................................................................................26 Section5. Waiver.......................................................................................................26 Section 6. Annexation of Additional Property...........................................................26 Section 7. Withdrawable Real Estate..........................................................................26 Section 8. Management Contracts..............................................................................27 Section9. Dissolution.................................................................................................27 Section10. FHA/VA Approval....................................................................................27 iii DOGWOOD VILLAGE THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the "Declaration") is made as of October I4, 2005 , by and between DOGWOQD LANDING. _LLC. a Virginia limited liability company, its successors and assigns (hereinafter referred to as "Declarant") as Grantor and Grantee for indexing purposes; and ARTHUR I TSIAMIS, TRUSTEE. (hereinafter referred to as "Trustee"); and METRO FINANCE, L.L.C., a Virginia limited liability company, hereinafter referred to as "Metro Finance" as Grantor; DOGWOOD 33LLAGE HOMEOWNERS AS_SQCIATION. _INC.. a Virginia non -stock corporation, its successors and assigns (the "Association"), as both grantor and grantee for indexing purposes. WITNESSETH: WHEREAS, the Declarant is developing property located in Opequon District, Frederick County, Virginia, to be known as Dogwood Village and which Deed of Dedication dated September 26, 2005 is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 05-0024069; and WHEREAS, Declarant is the owner of certain real property located in Opequon District, Frederick County, Virginia, more particularly described on Exh;bit A attached hereto and incorporated herein (the "property"), having acquired the Property by instrument recorded among the land records of Frederick County, Virginia in Instrument No. 04-0012161; and WHEREAS, the Declarant desires to create thereon a residential community which shall have permanent open spaces and other common facilities for the benefit of the community; and WHEREAS, the Declarant and the Association desire to provide for the preservation of the values of the community and such other areas as may be subjected to this Declaration, and to provide for the maintenance ofthe open spaces and other facilities; and, to this end, declare and publish their intent to subject the real property as hereinafter described to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, it being intended that they shall run with said real property and shall be binding on all persons or entities having or acquiring any right, title or interest in said real property or any part thereof, and shall inure to the benefit of each owner thereof; and WHEREAS, the Declarant has deemed it desirable for the efficient preservation of the values of said community to create an agency to which shall be delegated and assigned the powers of owning, maintaining and administering the community properties, administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereafter created; and 0 W rn cn WHEREAS, the Declarant has incorporated the Association as a non -stock corporation under the laws of the Commonwealth of Virginia, for the purpose of exercising the functions aforesaid; and WHEREAS, the Property is subject to the lien of a certain Deed of Trust dated May 5, 2005, and recorded as Instrument Number 05-009634 among the aforesaid land records of Frederick County (the "Metro Finance Deed ofTtvst"), wherein the Property was conveyed unto Arthur I. Tsiamis, Trustee, in trust, to secure a certain indebtedness, as more specifically set forth therein. NOW, THEREFORE, the Declarant for and in consideration of the premises and the covenants contained herein, grant, establish and convey to each owner of a Lot, with the express concurrence of the Association, mutual, non-exclusive rights, privileges and easements of enjoyment on equal terms and in common with all other owners of Lots in and to the use of any Common Area; and further, the Declarant and the Association declare the Property to be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, reservations, easements, charges and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of, and shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Dogwood Village Homeowners Association, Inc., its successors and assigns. Section 2. "Common Area" shall mean and refer to all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Members, and shall include any private streets shown on a plat of the Property and located within the Common Area's boundaries, and shall further include any easements granted to the Association and/or for the benefit of the residents of the community, at large. Section 3. "Declarant" shall mean and refer to Dogwood Landing, LLC or its successors or assigns (i) to any entity to which Declarant assigns any or all of its rights as Declarant pursuant to this Declaration by assignment recorded in the appropriate land records, or (ii) who is a purchaser at foreclosure or a grantee in a deed in lieu of foreclosure from the Declarant. Such an assignment shall only operate as to the land which is owned by such successor or assign. If the Declarant consists of more than one (1) person or entity, the rights and obligations of the Declarants shall be several and shall be based upon and apportioned in accordance with the number of Lots owned by each Declarant. 0 W rn rn Section 4. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions applicable to the Property, which Declaration is recorded in the Office of the Cleric of the Circuit Court of Frederick County, Virginia. Section 5. "Dwelling Unit" shall mean and refer to any improvement to the Property intended for any type of independent ownership for use and occupancy as a residence by a single household and shall, unless otherwise specified, include within its meaning (by way of illustration but not limitation) patio or zero lot line homes, townhouses and detached homes. Section 7. "Lot" shall mean and refer to any plot of land created by and shown on a recorded subdivision plat of the Property upon which a Dwelling Unit could be constructed in accordance with applicable zoning ordinances, with the exception of the Common Area and streets dedicated to public use. Section 8. "Member" shall mean and refer to every person or entity who holds a membership in the Association, as more particularly set forth in Article II below. Section 9. "Mortgagee" shall mean and refer to any person or entity secured by a first mortgage or first deed of trust on any Lot or the Common Area who has notified the Association of this fact in writing. Section I . "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of the fee simple title to any Lot, including contract sellers but excluding those holding such interest solely by virtue of a contract to purchase a Lot or as security for the performance of an obligation. If more than one (1) person or entity is the record owner of a Lot, the term "Owner" as used herein shall mean and refer to such owners collectively, so that there shall be only one (1) Owner of each Lot. Section 11. "Participating Builder" shall mean and refer to a person or entity who in the regular course of business purchases Lots or raw land solely for the purpose of constructing improvements for resale or rental. Section 12. "Property" shall mean and refer to the Property, and such additions thereto which, from time to time, may be brought within the jurisdiction of the Association. Section13. "Structure" shall include, but not be limited to, any building or portion thereof, wall, deck, play equipment, greenhouse, skylight, solar panel, fence, pool, pavement, driveway, or appurtenances to any of the aforementioned. 0 W rn J Every Owner of a Lot which is subject by covenants of record to assessment by the Association shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. No Owner shall have more than one (1) membership in the Association for each Lot it owns. ARTICLE III VOTING RIGHTS Section 1. Classes. The Association shall have two (2) classes of voting membership: Class A: Class A Members shall be all those Members with the exception of the Class B Member. A Class A Member shall be entitled to one (1) vote for each Lot in which it holds the interest required for membership by the Article entitled "Membership" herein. Class B: The Class B Member(s) shall be the Declarant and Participating Builders. A Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership by the Article entitled "Membership" herein. Class B membership shall cease and a Class A membership with one (1) vote for each Lot in which it holds an interest shall issue on the happening of any of the following events, whichever occurs first: (a) within four (4) months after the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) five (5) years from the date of recordation of this Declaration; or (c) sixty (60) days after the Declarant and all Participating Builders abandon construction (i.e., no new dwelling construction has been initiated for a period of ten (10) months, unless there is evidence of continuing construction). Section 2. Annexation. Upon annexation of additional properties pursuant to this Declaration, and in the event that Class B membership shall have ceased as hereinabove provided, Class B membership shall be revived with respect to all Lots owned by the Declarant or a Participating Builder, which Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs fast: (a) within four (4) months after the total votes outstanding in Class A membership in the annexed property equal the total votes outstanding in the Class B membership in such annexed property; or O GJ Cry CD (b) five (5) years from the date of recordation of the document annexing such property; or (c) sixty (60) days after the Declarant and all Participating Builders abandon construction (i.e., no new dwelling construction has been initiated for a period of ten (10) months, unless there is evidence of continuing construction). Section 3. Multiple ownershininterests. If more than one (])person or entity holds an ownership interest in any Lot, the vote for such Lot shall be exercised as they among themselves determine, and may be exercised by any one (1) of the people or entities holding such ownership interest, unless any objection or protest by any other holder of such ownership interest is made prior to the completion of a vote, in which case the vote for such membership shall not be counted, but the Member whose vote is in dispute shall be counted as present at the meeting for quorum purposes if the protest is lodged at such meeting. In no event shall more than one (1) vote be cast with respect to any Lot. ma# -- l.w wi-4-31 A kni >_ Lm Section -1 . Member's Easemc= of FAiovment Every Member shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to: (a) the right of the Association to limit the number of guests of Members on the Common Area; (b) the right of the Association to adopt and enforce rules and regulations governing the use of the Common Area, including, without limitation, the imposition of fines for the violation thereof; (c) the right of the Association to suspend the voting rights and rights of a Member to the use of any recreational facilities or nonessential services offered by the Association, to the extent that access to the Lot through the Common Area is not precluded, for any period during which any assessment against such Member's Lot remains unpaid, or for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (d) the right of the Association to borrow money for the improvement, maintenance or repair of the Common Area or facilities, and to acquire property encumbered by a lien or liens of a mortgage or deed of trust; provided that any such mortgage of the Common Area must state that it is subject to this Declaration and the easement of enjoyment created hereby and shall not be in conflict with its designation as "open space'; O W (f) the right of the Association at any time and consistent with the then -existing zoning ordinances of the County of Frederick, to dedicate or transfer all or any part of the Common Area to an organization conceived and organized to own and maintain common open space, subject to the approval of the County of Frederick, or, if such organization will not accept such a transfer, then to the County of Frederick or other appropriate governmental agency, or, if such a transfer is declined, then to another entity in accordance with the laws governing the same, for such purposes and subject to conditions as may be agreed to by the Members, subject to the approval of the County of Frederick. Except in the case of dissolution, any such dedication or transfer shall have the assent of at least two-thirds (2/3) of each class of Members entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which shall be sent to all Members not less than twenty-five (25) days nor more than fifty (50) days in advance of the meeting setting forth the purpose of the meeting. Upon such assent and in accordance therewith, the officers of the Association shall execute the necessary documents. The resubdivision or adjustment of the boundary lines of the Common Area and the granting of easements by the Association shall not be deemed a transfer within the meaning of this Article; (g) the right of the Association to grant, with or without payment to the Association, licenses, rights -of -way and easements through or over any portion of the Common Area. The foregoing shall not be construed, however, to permit acquisition of or damage to any improvements, structures or installations located upon the Common Area without the payment of damages, including severance or resulting damages, if any, to the Association absent the Association's consent; (h) the right of the Association to lease the Common Area, provided however that such lease(s) must: (i) be only to non-profit organizations; (ii) prohibit assignment and subleasing; (iii) require the prior, written approval of the Association of uses of the Common Area and facilities, which must be in accordance with this Declaration; (iv) be consistent with the then -existing ordinances of the County of Frederick; and (v) be consistent with the open space designation of the Common Area; and (i) the right of the Declarant, a Participating Builder or the Association to resubdivide and/or adjust the boundary lines of the Common Area as they deem necessary for the orderly development of the subdivision, in accordance with all applicable County of Frederick ordinances. Section 2. Delegation of Ilse. Any Member may delegate its right of enjoyment to the Common Area and facilities to the members of its immediate household, its tenants or contract purchasers who reside on the Membees Lot. However, by accepting a deed to such Lot, every Owner covenants that should the Owner desire to rent its Lot, the rental agreement shall contain specific conditions which require the tenant to abide by all Association covenants, rules and regulations, and any Owner desiring to rent a Lot further covenants that the tenant will be provided a complete set of all Association covenants, rules and regulations. Furthermore, any lease or sublease shall, whether or not expressly set forth therein, be deemed to contain the foregoing covenant. Section 1. Creation of the Lien and Personal Obligatioa of Assessments. The Declarant covenants, for each Lot owned, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other instrument of conveyance, is deemed to covenant and agree to pay to the Association: (a) Annual Assessments (as hereinafter defined) or charges, and (b) Special Assessments (as hereinafter defined) for capital improvements or other specified items. Such assessments are to be established and collected as hereinafter provided. The Association's Annual and Special Assessments, together with interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due and shall not be the personal obligation of a successor in interest unless expressly assumed by such successor. The Annual and Special Assessments, when assessed for each year, shall become a lien on the Lot for the entire Annual or Special Assessment, but shall be payable upon resolution of the Board of Directors, in equal installments collected on a monthly, bi-monthly, quarterly, semi-annual or annual basis. Section 2. Pumose of Assessment. The assessments levied by the Association shall be used to promote the recreation, health, safety, and welfare of the residents and Owners of the Property, for the improvement and maintenance of the Common Area, including but not limited to the payment of taxes, construction of improvements and maintenance of services and facilities devoted to these purposes or related to the use and enjoyment of the Common Area or other property which the Association has the obligation to maintain, and for such other purposes as the Board of Directors may determine to be appropriate. Section 3. Establishment of Annual Assessment (a) The Association must levy in each of its fiscal years an Annual Assessment (the "Annual Assessment"), against each Lot. The amount of such Annual Assessment shall be established by the Board of Directors, subject to the limitations imposed by Section 4 of this Article, and written notice of such shall be sent to every Owner, at least thirty (30) days in advance of the commencement of each Annual Assessment period. The Annual Assessment shall become applicable as to all Lots within a Section of the Property (as such Section is shown on a recorded subdivision plat) on the first day of the month following the conveyance of the first Lot within that Section to an Owner who is not the Declarant or a Participating Builder. The first Annual Assessment shall be adjusted according to the number of months remaining in the calendar year. (b) The amount of the Annual Assessment shall be determined by the Board of Directors according to its estimate of the cost of providing services or rights of use which are common to all of the Lots. Section 4. Basis and Maximum of Annual Assessment. Until January 1 of the year immediately following conveyance of the first Lot to an Owner other than the Declarant or a Participating Builder, the maximum Annual Assessment shall be Four Hundred Dollars (5400.00). (a) From and after January 1 of the year immediately following the conveyance of the fast Lot to an Owner other than the Declarant or a Participating Builder, the maximum Annual Assessment shall increase effective January 1 of each year, without a vote of the membership, in conformance with the rise, if any, of the Consumer Price Index (All Items Index) published by the United States Department of Labor for the Washington, D.C. standard metropolitan area for the year ending the preceding July 1, or ten percent (101/6), whichever is greater. (b) The Board of Directors may determine not to increase the maximum Annual Assessments to the full extent of the automatic increase provided by subparagraph (a) of this Section, in which case the Board of Directors may determine to increase the maximum Annual Assessments by any lesser amount. (c) From and after January 1 of the year immediately following the conveyance of the first Lot to an owner other than the Declarant or Participating Builder, the maximum Annual Assessment may be increased above that established by subparagraph (a) annually, provided that to be effective, any such change shall have the assent of at least two-thirds (2/3) of the votes of each class of Members who are entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which setting forth the purpose of the meeting shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. (d) After consideration of current maintenance costs and further needs of the Association, the Board of Directors may fix the Annual Assessment at an amount less than the maximum. Section 5. SMial Assessments. In addition to the Annual Assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of capital improvements upon the Common Area, including the fixtures and 0 w personal property related thereto, or for any other specified purpose (the "Special Assemment"). The Special Assessment shall be levied against all of the Lots in each Section which benefit from the ry Special Assessment, = EW according to each Section's benefit. The amount of the Special Assessment shall be the same for each Lot in any Section but need not be uniform with the Special Assessment imposed on Lots in other Sections. To be effective, any such assessment shall have the assent of more than two-thirds (2/3) of the votes of each class of Members within an affected Section, who are entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which setting forth the purpose of the meeting shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. Section 6. Ouorum for any Action Authorized Under Sections 4 and 5. At the first calling of a meeting under Sections 4 and 5 of this Article, the presence at the meeting of Members or proxies entitled to cast sixty percent (60%) of all the votes of each class of Members shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirements set forth in Sections 4 and 5 and to applicable law, and the required quorum at any such subsequent meeting shall be one-half (1 /2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Wokiag_Caoital Assessment. In addition to the Annual and Special Assessments authorized above, the Association shall establish and maintain a working capital fund. At each settlement on the initial sale by a Declarant or a Participating Builder of a Lot for which a residential use permit has been issued, the purchaser of such Lot shall pay to the Association a one- time working capital assessment in an amount equal to one -sixth (1/6th) of the Annual Assessment for said Lot. Declarant and Participating Builder shall be exempt from the Working Capital Assessment provided in this section. section 8. Bak of ssment. The Annual Assessment shall be fixed at a uniform rate for all Lots, except for unoccupied Lots owned by the Declarant or a Participating Builder, and the Special Assessments shall be fixed at a uniform rate for all Lots within a particular Section, except for unoccupied Lots owned by the Declarant or a Participating Builder. Any unoccupied Lots owned by the Declarant or a Participating Builder shall be assessed at twenty-five percent (25%) of the rate of Lots within the same Section but not owned by the Declarant or a Participating Builder. As long as the Declarant or a Participating Builder retains the right to pay only partial assessments for its unoccupied Lots in any Section, the Declarant must fund all budget deficits, including reserves, applicable to such Section, up to the amount the Declarant would have paid had it been assessed at the full rate. The Declarant's obligation under this Section does not include any expenses that the Association is unable to meet because of non-payment of any Owner's assessment or because of unusual or extraordinary expenses. If there are two (2) or more co -Declarants, the funding of such budget deficit shall be shared prQ r according to the following formula: 10 The sum of all of a particular co-Declarant's "Lot Days" divided by the sum of all of the co -Declarants' "Lot Days". A "Lot Day" shall be the number of days a Declarant has the benefit of a reduced assessment for a Lot within the budget deficit period. Section 9. Nopce of Asisa-=nt and COMM. ertifiM. Written notice of the Annual Assessment shall be sent to every Member. The due dates for payment of the Annual Assessment shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association or an authorized agent, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 10. Remedies of the Association in the ]~vent of Default. If any assessment pursuant to this Declaration is not paid within thirty (30) days after its due date, the assessment shall bear interest from the date of delinquency at the rate often percent (10%) per annum. In addition, in its discretion, the Association may: (a) impose a penalty or late charge as previously established by rule; (b) bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot, and interest, costs and reasonable attomeys' fees of any such action shall be added to the amount of such assessment. A suit to recover a money judgment for nonpayment of any assessment levied pursuant to this Declaration, or any installment thereof, may be maintained without perfecting, foreclosing or waiving the lien provided for herein to secure the same; (c) suspend a Members voting rights and right to use recreational facilities or nonessential services offered by the Association to the extent that access to the Lot through the Common Area is not precluded. No assessment shall be refunded in the event of suspension; and (d) accelerate the due date of the unpaid assessment so that the entire balance shall also become due, payable, and collectable. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Compton Area, abandonment of its Lot, or claiming the failure of the Association or the Board of Directors to perform their duties. Section 11. Subordination of the Lien to The lien of the assessments provided for herein shall be subordinate to the lien of any first trust or mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a foreclosure of a first trust or mortgage, or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment thereof which became due prior to such sale or transfer. No such m 0 w r sale or transfer shall relieve such Lot from liability for any assessments that d=ufter become due or from the lien thereof. Section 12. Exempt Proue=. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all property dedicated to and accepted by a local public authority; and (b) the Common Area; however, no land or improvements devoted to dwelling use shall be exempt from said assessments and all lots owned by Declarant and Participating Builder. Section 13. Rzerves for Replacements. The Association shall establish and maintain a reserve fund for the maintenance, repair and replacement of the Common Area and improvements located thereon by the allocation and payment to such reserve fund of an amount to be designated from time to time by the Board of Directors, which reserve fund shall be sufficient, in the sole opinion of the Board of Directors, to accommodate such future maintenance, repair and replacement and which shall be a component of the Annual Assessment. Such fund shall be conclusively deemed to be a common expense of the Association and may be deposited with any banking institution, the accounts of which are insured by any state or by any agency of the United States of America or may, in the discretion of the Board of Directors, be invested in obligations of, or fully guaranteed as to principal by, the United States of America. The reserve for replacement of the Common Area may be expended only for the purpose of effecting the replacement of the Common Area, major repairs to, replacement and maintenance of any improvements within the Common Area, including but not limited to sidewalks, parking areas, streets or roadways developed as a part of the Property, equipment replacement, and for start-up expenses and operating contingencies of a nonrecurring nature relating to the Common Area. The Association may establish such other reserves for such other purposes as the Board of Directors may from time to time consider to be necessary or appropriate. The proportional interest of any Member in any such reserves shall be considered an appurtenance of the Member's Lot and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. L 01 #AT • s2gkon 1. Vg. The Property shall be used exclusively for residential purposes except as provided in Section 19 hereof. The foregoing covenant shall not apply to any property which is zoned for commercial purposes by the County of Frederick, including without limitation, property depicted as commercial property on any approved concept plan. The Declarant reserves the right, for itself and for any Participating Builder, pursuant to a recorded subdivision or resubdivision plat, to alter, amend, and change any lot line or subdivision plan or plat. No building shall be erected, altered, place.+d, or permitted to remain on any Lot other than one Dwelling Unit and an associated garage for use solely by the occupant of the Dwelling Unit. 12 v w J Section 2. Modifications. No Stricture or addition to a Structure shall be erected, placed, altered or externally improved on any Lot until the plans and specifications, including design, elevation, material, shape, height, color and texture, and a site plan showing the location of all improvements with grading modifications, shall be filed with and approved in writing by the Architectural Review Board. Any garage to be built following the initial sale of a Lot to an individual Owner shall be in substantial conformity and design with other garages throughout the Dogwood Village community, and shall match the materials used and color scheme of the house on the Lot on which it is constructed. Section I No clothing, laundry or wash shall be aired or dried on any portion of the Property within public view, Section 4. SightLines. No fence, wall, tree, hedge or shrub shall be maintained in such a manner as to obstruct sight lines for vehicular traffic. Section 5. Vegetation. An Owner shall, at all times, maintain its property and all appurtenances thereto in good repair and in a state of neat appearance. Except for flower gardens, shrubs and trees, which shall be neatly maintained, all open Lot areas shall be maintained in lawns or other materials approved by the Architectural Review Board. All lawn areas shall be kept mowed and shall not be permitted to grow beyond a reasonable height. Except as required for proper sight lines, no tree of a diameter of more than four (4) inches measured two (2) feet above ground level shall be removed or planted without the approval of the Architectural Review Board. Section 6. Noxious Activity. No noxious or offensive activity shall be carried on upon the Property, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood. No exterior lighting on a Lot shall be directed outside the boundaries of the Lot. Section 7. Suns The only signs permitted on the Property shall be customary home and address signs and real estate sale or lease signs which have received the prior written approval of the Architectural Review Board ("Permitted Signs"). No more than one (1) Permitted Sign shall be displayed to public view on any Lot and must be less than or equal to two (2) square feet in total surface area and may not be illuminated. All Permitted Signs advertising the property for sale or rent shall be removed within three (3) days from the date of the conveyance of the Lot or of the execution of the lease agreement, as applicable. Section 8. Animals. No domesticated or wild animal shall be kept or maintained on any Lot, except for common household pets such as dogs and cats which may be kept or maintained, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding Lots or the neighborhood and are in compliance with applicable County of Frederick ordinances. Law enforcement and animal control personnel shall have the right to enter the Property to enforce local animal control ordinances. 13 C=� CA) v Cr) Section 9. Trash. Trash shall be collected and stored in trash receptacles only and not solely in plastic bags. Trash and garbage receptacles shall not be permitted to remain in public view except on days of trash collection, except those receptacles designed for trash accumulation located in the Common Area. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on the exterior of any Dwelling Unit. Section 10. Ann en en . The following antenna are prohibited on a Lot: exterior antenna for the transmission of radio or television signals, exterior "dish" antenna for the reception of direct broadcast satellite service that are larger than one meter (39") in diameter, and exterior antenna for receiving video programming services via Iv NMS (wireless cable) that are larger than one meter in diameter or diagonal measurement. The Architectural Review Board may adopt further rules and regulations regarding exterior antenna and satellite "dish" antenna Notwithstanding the foregoing, to the extent any restriction shall be deemed to be in violation of any applicable law or ordinance affecting telecommunications devices, then such restriction shall be modified (to the minimum extent necessary) to bring such ordinance into compliance with the applicable law and/or ordinance. Section 11. Egig No person shall paint the exterior of any building or portion thereof, a color different than the original color of said building or portion thereof without the proposed color having been first approved in writing by the Architectural Review Board. Section 12. Exteriors of Structures. The exteriors of all structures, including, without limitation, walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of a structure shall not be permitted to remain in a damaged condition for longer than three (3) months. Section 13. Fences. No fence or enclosure shall be erected or built on any Lot until first approved in writing by the Architectural Review Board as to location, height, material and design. Any fence or wall built on any Lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. Section 14. Whicles. No inoperable, junk, unregistered, unlicensed or uninspected vehicles shall be kept on the Property. No portion of the Property shall be used for the repair of vehicles. No vehicles shall be parked on any Lot except within a garage or on an improved driveway or parking area. Section 15. Commercial Vehicles. No commercial or industrial vehicles, such as but not limited to moving vans, trucks, tractors, trailers, vans, wreckers, tow trucks, hearses and buses shall be regularly or habitually parked or parked overnight on the Property, except upon the prior written approval of the Architectural Review Board. 14 0 c.� Section 1 . Recreational Vehicles. No recreational vehicles or equipment, such as but not limited to boats, boating equipment, travel trailers, camping vehicles or camping equipment shall be parked on the Property without the prior, written approval of the Architectural Review Board, as to location, size, screening and other relevant criteria. The Association shall not be required to provide a storage area for these vehicles. Section 17. Towina. The Board of Directors shall have the right to tow any vehicle parked or kept in violation of the covenants contained within this Article, upon twenty-four (24) hours' notice and at the vehicle owner's sole expense. Section 18. j&gses. Any rental agreement for a Dwelling Unit must be for an initial period of at least six (6) months, must be in writing and must be subject to the rules and regulations set forth in this Declaration and in the other Association documents. Any failure by any tenant to comply with the terms of such documents shall be a default under the rental agreement. Section 19. Declarant's Activities. The provisions of this Article shall not apply to the development of or construction of improvements on the Property by the Declarant, a Participating Builder, or their respective assigns, pursuant to a recorded assignment. The Declarant and any Participating Builder or their respective assigns may, during its construction and/or sales period, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the Property and on or in any building or structure now or hereafter erected thereon. Section 20. Rules qpA Revulations. The Association shall have the authority to adopt such rules and regulations regarding this Article as it may from time to time consider necessary or appropriate. 14 M •1_M_lh alA J m_01,4 Section 1. Composition The Architectural Review Board shall be comprised of three (3) or more members. Members shall serve staggered three (3) year terms as determined by the Board of Directors. As long as the Declarant or a Participating Builder owns any Lot within the Property, the Architectural Review Board shall consist oftwo (2) committees: the New Construction Committee and the Modification and Change Committee. When neither the Declarant nor a Participating Builder owns any Lots within the Property, the New Construction Committee shall be terminated. Section 2. Method of Selection. The Declarant shall appoint the persons to serve on the New Construction Committee. The Board of Directors shall appoint the persons to serve on the Modification and Change Committee. After the termination of the Class B membership, no member of the Modification and Change Committee may be a Director. The Declarant may assign its rights under this Article to a third party by a written assignment. 15 0 ca Section I Removal and vacancies. Members of the Modification and Change Committee of the Architectural Review Board may be removed by the Board of Directors with or without cause. Appointments to fill vacancies in unexpired terms shall be made in the same manner as the original appointment. Section 4. Officers. At the first meeting ofthe Modification and Change Committee of the Architectural Review Board following each Annual Meeting of Members, the Modification and Change Committee shall elect from among themselves a chairperson, a vice -chairperson and a secretary who shall perform the usual duties of their respective offices. Section 5. 2glio. The Committees of the Architectural Review Board shall regulate the external design and appearance of the Property and the external design, appearance and location of the improvements thereon in such a manner so as to preserve and enhance property values and to maintain harmonious relationships among structures and the natural vegetation and topography. During the period the Architectural Review Board is comprised of the two (2) committees described above, the New Construction Committee shall regulate all initial construction, development or improvements on the Property. The Modification and Change Committee shall regulate all modifications and changes to existing improvements on the Property. In furtherance thereof, the Architectural Review Board shall: (a) review and approve or disapprove written applications of Owners for alterations or additions to Lots; (b) periodically inspect the Property for compliance with adopted, written architectural standards and approved plans for alteration; Directors; (c) adopt architectural standards subject to the confirmation of the Board of (d) adopt procedures for the exercise of its duties; and (e) maintain complete and accurate records of all actions taken by the Architectural Review Board. Section 6. Failure to Act. In the event the Architectural Review Board fails to approve or disapprove a correctly filed application within forty-five (45) days of the receipt of the application sent by Registered Mail or Certified Mail -Return Receipt Requested, approval by the Architectural Review Board shall be deemed granted, except for those applications for additions or alterations prohibited by this Declaration or the architectural standards adopted by the Association, in which case no disapproval is necessary to uphold the prohibition. Failure of the Architectural Review Board or the Board of Directors to enforce the architectural standards or to notify an Owner of noncompliance with architectural standards or approved plans for any period of time shall not 16 constitute a waiver by the Architectural Review Board or the Board of Directors of the enforcement of this Declaration at any later date. Section 7. Et1%rcement. Any exterior addition, change or alteration made without application to, and approval of, the Architectural Review Board shall be deemed to be in violation of these covenants, and may be required by the Board of Directors to be restored to its original condition at the offending Owner's sole cost and expense. Section 8. AgDl. Any aggrieved party may appeal a decision of the Architectural Review Board to the Board of Directors by giving written notice of such appeal to the Association or any director within twenty (20) days of the adverse ruling. ARTICLE VIII EASE ENTS Section 1. Blanket Easements. The Declarant grants, and the Association reserves, a blanket easement to the Association, its directors, officers, agents and employees, to any manager employed by or on behalf of the Association, and to all police, fire, ambulance personnel, County of Frederick personnel and employees, and all similar persons, to enter upon the Property in the exercise of the functions provided for by this Declaration, Articles of Incorporation, By -Laws and rules of the Association, in the event of emergencies and in the performance of governmental functions. Section Z. Exercise of Easement Ri. The rights accompanying the easements provided for in Section 1 of this Article shall be exercised only during reasonable daylight hours and then, whenever practicable, only after advance notice to, and with the permission of, any Owner or tenant directly affected when not an emergency situation or a governmental function. Section 3. Encroachments. Each Lot within the Property is declared to have an easement, not exceeding one foot (F) in width, over all adjoining Lots and Common Areas for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of a building, roof overhangs, gutters, architectural or other appendages, draining of rainwater from roofs, or any other similar matter. There shall be valid easements for the maintenance of said encroachments so long as such encroachments shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting, provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner if said encroachment occurred due to the willful misconduct of said Owner. In the event a structure on any Lot is partially or totally destroyed and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as such encroachments shall exist. In no event shall such easement prohibit the construction of any improvements within a Lot that are otherwise permitted pursuant to this Declaration and applicable zoning and building ordinances. 17 Section 4. Drvelortment. The Declarant, Participating Builders, and their agents and employees shall have a right of ingress and egress over the Common Area as required for construction and development of the Property. Section 5. Utilities. There is reserved to the Declarant and to Participating Builders a right to grant non-exclusive easements over any Lot, outside of approved building areas, and the Common Area, for the purposes of installing, repairing and/or maintaining utility lines of any sort, including but not limited to storm drains and drainage swales, sanitary sewers, gas lines, electric lines and cables, water lines, telephone lines, telecommunication lines and cables, and the like, and for any purpose necessary for the Declarant, a Participating Builder or their respective assigns to obtain the release of any bonds posted with a municipality, governmental agency or regulatory agency, and non-exclusive easements over the Common Area to any municipal agency or private entity for any other purpose consistent with the "open space' designation thereof. This right to grant easements shall automatically expire as to any Lot or Common Area seven (7) years from the date of submission of such Lot or Common Area to this Declaration. Section 6. Declarant -Retained Easement Riahts. There is reserved to the Declarant and to all Participating Builders a non-exclusive easement over all Lots outside of approved building areas, and the Common Area, for the purposes of correcting drainage, regrading, maintenance, landscaping, mowing, and erecting street intersection signs, directional signs, temporary promotional signs, entrance features, lights and wail features, and for the purpose of executing any ofthe powers, rights, or duties granted to or imposed on the Association herein. This easement shall automatically expire as to any Lot or Common Area seven (7) years from the date of submission of such Lot or Common Area to this Declaration. The Association shall maintain a community park and trail within the Common Area for the benefit of the community. The park may be limited to the residents of the Lots and their guests and invitees, provided such guests and invitees are accompanied by a resident. The trail shall be open and available to the public as a community trail, at no cost or charge. This covenant may not be modified or amended without the written authorization of the County of Frederick, or its duly authorized representative. The annexation and/or withdrawal of any properties to this Declaration (except as caused by the vacation of any public streets) shall require the consent of the County of Frederick. The modification of any terms or provisions of this Declaration dealing with architectural standards, 18 except to comply with any Va or FHA requirements as set forth in Article XM. below, shall also require the consent of the County of Frederick. In addition to the foregoing, with the exception of the construction and maintenance of a trail, a playground, and utilities, no portion of the Property within a floodplain shall be developed without the written consent of the County of Frederick. Section 1. Discretionary Powers and Duties The Board of Directors, on behalf of the Association, shall have the following powers and duties, which may be exercised in its discretion: (a) to enforce any covenants or restrictions which are imposed by the terms of this Declaration or which may be imposed on any part of the Property. Nothing contained herein shall be deemed to prevent the Owner of any Lot from enforcing any building restriction in its own name. The right of enforcement shall not serve to prevent such changes, releases or modifications of the restriction or reservations placed upon any part of the Property by any party having the right to make such changes, releases or modifications in the deeds, contracts, declarations or plats in which such restrictions and reservations are set forth; and the right of enforcement shall not have the effect of preventing the assignment of those rights by the proper parties wherever and whenever such right of assignment exists. Neither the Association nor the Board of Directors shall have a duty to enforce the covenants by an action at law or in equity if, in its or their opinion, such an enforcement is not in the Association's best interest. The expenses and costs of any enforcement proceedings shall be paid out of the general fund of the Association as herein provided for; provided, however, that the foregoing authorization to use the assessments for such enforcement proceedings shall not preclude the Association from collecting such costs from the offending Owner; (b) to provide such light as the Association may deem advisable on streets and the Common Area and to maintain any and all improvements, structures or facilities which may exist or be erected from time to time on the Common Area; (c) to build facilities upon the Common Area; (d) to use the Common Area and any improvements, structures or facilities erected thereon, subject to the general rules and regulations established and prescribed by the Association and subject to the establishment of charges for their use; (e) to mow and resow the grass and to care for, spray, trim, protect, plant and replant trees and shrubs growing on the Common Area and to pick up and remove from the Common Area all loose material, rubbish, filth and accumulation of debris; and to do any other thing necessary or desirable in the judgment of the Association to keep the Common Area in neat appearance and in good order; 19 (f) to exercise all rights, responsibilities and control over any easements which the Association may from time to time acquire, including but not limited to those easements specifically reserved to the Association in the Articles entitled "Easements" herein; (g) to create, grant and convey easements upon, across, over and under all Common Area, including but not limited to easements for the installation, replacement, repair and maintenance of utility lines serving the Property; (h) to create subsidiary corporations in accordance with Virginia law; (i) to employ counsel and institute and prosecute such suits as the Association may deem necessary or advisable, and to defend suits brought against the Association; 0) to retain with compensation from time to time such agents, employees and contractors as the Association may deem necessary in order to exercise the powers, rights and privileges granted to it, and to make contracts; (k) to enter on any Lot to perform emergency repairs or to do other work reasonably necessary for the proper maintenance of the Property; (1) to enter (or have the Association's agents or employees enter) on any Lot to repair, maintain or restore the Lot, all improvements thereon, and the exterior of the Dwelling Unit and any other improvements located thereon if such is not performed by the Owner of the Lot, and to assess the Owner of the Lot the costs thereof, such assessment to be a lien upon the Lot equal in priority to the lien provided for in the Article entitled "Covenant for Maintenance Assessments" herein; provided, however, that the Board of Directors shall only exercise this right after giving the Owner written notice of its intent at least fourteen (14) days prior to such entry; (m) to resubdivide and/or adjust the boundary lines of the Common Area but only to the extent such resubdivision or adjustment does not contravene the requirements of Zoning and other ordinances applicable to the Property; and (n) to make and enforce rules and regulations governing the use of the Common Area and with respect to such other areas of responsibility assigned to it by this Declaration, except where expressly reserved herein to the Members. Such rules and regulations may grant to the Board of Directors the power to suspend a Members right to use recreational facilities or non -essential services for non-payment of assessments and to assess charges against Members for violations of the provisions of the Declaration or rules and regulations, as provided for in the Virginia Property Owners Association Act. Section 2. Mandatory Poweia and Duties. The Association shall exercise the following powers, rights and duties: 20 0 w CD w (a) to accept title to the Common Area and to hold and administer the Common Area for the benefit and enjoyment of the Owners and occupiers of Lots; (b) to transfer part of the Common Area to or at the direction of the Declarant or a Participating Builder, for the purpose of adjusting boundary lines or otherwise in connection with the orderly subdivision or development of the Property, but only to the extent such resubdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Property; (c) to obtain and maintain without intemiption liability coverage for any claim against a director or officer for the exercise of its duties and fidelity coverage against dishonest acts on the part of directors, officers, trustees, managers, employees or agents responsible for handling funds collected and held for the benefit of the Association. The fidelity bond shall cover the maximum funds that will be in the custody of the Association or its management agent at any time while the bond is in place. The fidelity bond coverage shall, at a minimum, be equal to the sum of three (3) months' assessments of all Lots in the Property plus the Association's reserve funds, if any; (d) to obtain and maintain without interruption a comprehensive coverage of public liability and hazard insurance covering the Common Area and easements of which the Association is a beneficiary, if available. Such insurance policy shall contain a severability of interest clause or endorsement which shall preclude the insu= from denying the claim of an Owner because of negligent acts of the Association or other Owners. The scope of coverage shall include all coverage in kinds and amounts commonly obtained with regard to projects similar in construction, location and use. Further, the public liability insurance must provide coverage of at least $1,000,000.00 for bodily injury and property damage for any single occurrence; (e) to provide for the maintenance of any and all (i) improvements, structures or facilities which may exist or be erected from time to time on the Common Area, including but not limited to street lights, stone drainage facilities, community trails (including the payment of utility costs therefor), recreational facilities (including community trails), entranceways and entrance areas, (ii) easement areas of which the Association is the beneficiary and for which it has the maintenance responsibility, (iii) facilities, including but not limited to fences and signs authorized by the Association and erected on any easements granted to the Association, and (iv) street lights that may be constructed within the rights -of -way of any public streets within or adjacent to the Property and which the Commonwealth of Virginia or the County of Frederick requires the Association to maintain (including the payment of utility costs therefor); (f) to pay all proper bills, taxes, charges and fees on a timely basis; and (g) to maintain its corporate status. 21 1jr ARTICLE XII RIGHTS OF MORTGAGEES b All Mortgagees shall have the following rights: co r Section 1 Notice. A Mortgagee shall be given written notification from the Association of the following: (a) any proposed action that would require the consent of a specified percentage of Mortgagees; (b) any default in the performance of any obligation under this Declaration or related Association documents by the Owner of a Lot that is the security for the indebtedness due the Mortgagee which is not cured within sixty (60) days after the Owner's receipt of notice of the default; (c) any condemnation or casualty loss that affects either a material portion of the Property or the Lot that is the security for the indebtedness due the Mortgagee; (d) any lapse, cancefiation or material modification of any insurance policy or fidelity bond maintained by the Association. Section 2. Unpaid Asseswaonts. Any Mortgagee who obtains title to a Lot pursuant to the remedies provided in its mortgage or deed of trust, or foreclosure of the mortgage or deed of trust or deed in lieu of foreclosure will not be liable for such Lofs unpaid dues or charges which accrue prior to the acquisition of title to the Lot by the Mortgagee. Section 3. Books and Records. A Mortgagee shall have the right to examine the books and records of the Association during normal business hours and upon reasonable notice to the Association. Section 4. Notice. As outlined in later sections of this Article, Mortgagees shall have the right, upon request, to receive notice of (a) the decision of the Owners to abandon or terminate the Planned Unit Development (as defined by the Federal National Mortgage Association); (b) any material amendment to the Declaration, the By -Laws or the Articles of Incorporation; and (c) if professional management has been required by a Mortgagee, the decision of the Association to terminate such professional management and assume self -management. Section 5. Rests. Provided that improvements have been constructed in the Common Area and provided that a Mortgagee gives written notice to the Association that it has relied on the value of the improvements in making a loan on a portion or all of the Property, then such Mortgagee shall be further entitled to the following rights: 22 O C...) Ut (a) Unless at least sixty-seven percent (67%) of the Members, and Mortgagees representing at least fifty-one percent (51 %) of those Lots that are subject to mortgages or deeds of trust have given their prior written approval, the Association shall not: (i) fail to maintain fire and extended coverage insurance on insurable parts of the Common Area or other Association property on a current replacement cost basis in an amount not less than one hundred percent (1000/9) of the insurable value, based on current replacement costs, not including land value; (ii) use hazard insurance proceeds for losses to the Common Area or other Association property for other than the repair, replacement or reconstruction of such property; (iii) add or amend any material provision of this Declaration or related Association documents concerning the following: (1) voting rights of any Member; (2) assessments, assessment liens, or subordination of such liens; (3) reserves for maintenance, repair and replacement of those parts of the Common Area that may be replaced or require maintenance on a periodic basis; (4) insurance or fidelity bonds; (5) responsibility for maintenance and repair of the Property; (6) annexation or withdrawal of property to or from the Property (other than annexation of those properties referred to in the Article entitled "General Provisions" herein); (7) leasing of Dwelling Units; (8) imposition of any right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey its property; (9) a decision by the Association to establish self -management when professional management has been required previously by a Mortgagee; (10) restoration or repair of the Property after a hazard damage or partial condemnation; (11) reallocation of interests in the Common Area or rights to its use, except as provided in the Articles entitled "Voting Rights" and "Property Rights" herein; 23 0 W (12) converting Lots into Common Area or vice versa; co Cn (13) termination of the legal status of the Association after substantial destruction or condemnation of the subdivision occurs; and (14) any provisions that are for the express benefit of Mortgagees. (iv) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area. The resubdivision and/or adjustment of boundary lines of the Common Area and the granting of easements by the Association shall not be deemed a transfer within the meaning of this clause. (v) by act or omission waive or abandon any scheme of regulations or their enforcement pertaining to the architectural design or the exterior appearance of Dwelling Units and their appurtenances, the exterior maintenance of Dwelling Units and their appurtenances, the maintenance of the Common Area, common fences and driveways and the upkeep of lawns and plantings in the Property. An addition or amendment to this Declaration or related Association documents shall not be considered material if it is for the purpose of correcting technical errors or for clarification only. A Mortgagee who receives a written request to approve additions or amendments who does not deliver or post to the requesting party a negative response within thirty (30) days of receipt of such request shall be deemed to have approved such request. (b) A Mortgagee may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon the lapse of a policy for such Common Area The Mortgagee making such payments shall be owed immediate reimbursement therefor from the Association. (c) The assessments imposed by the Association shall include an adequate reserve fund for maintenance, repairs and replacements for those parts of the Common Area which may be replaced or require maintenance on a periodic basis. Such reserves shall be payable in regular installments rather than by Special Assessment. (d) In the event that there is a condemnation or destruction of the Common Area or other Association property, to the extent practicable, condemnation or insurance proceeds shall be used to repair or replace the condemned or destroyed property. (e) Should there be excess insurance or condemnation proceeds after the renovation, repair or reconstruction called for herein, such excess proceeds may be distributed equally to the Owners, apportioned equally by Lot; subject, however, to the priority of a Mortgagee with regard to the proceeds applicable to the Lot securing said Mortgagee and in accordance with Virginia law. 24 w co (f) The Association must provide an audited financial statement for the preceding fiscal year to a Mortgagee upon its written request. (g) Eligible Mortgagees representing at least sixty-seven percent (67%) of the votes of the mortgaged Lots must consent to the termination of the legal status of the project for reasons other than substantial destruction or condemnation of the Property. (h) The Association shall cause the immediate repair, reconstruction or renovation of any damage to the Common Area unless a decision not to repair, reconstruct or renovate is approved by all Mortgagees. ;_l � • � Yii Section 1. Enforcement. As long as the Declarant or its immediate successor developer is continuing in the development of the Property, the Declarant or such successor shall have the sole right to enforce the terms and conditions of this Declaration. Following the sale of the last Lot by the Declarant or its successor developer to an individual Lot Owner, the Association, the County of Frederick, or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration or other Association documents unless such right is specifically limited. Failure by the Association or by any Owner to enforce any right, provision, covenant or condition which may be granted by this Declaration shall not constitute a waiver of the right of the Association or an Owner to enforce such right, provision, covenant or condition in the future. All rights, remedies and privileges granted to the Association or any Owner pursuant to any term, provision, covenant or condition of the Declaration shall be deemed to be cumulative, and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies nor shall it preclude the party exercising the same from exercising such privileges as may be granted to such party by this Declaration or at law or in equity. Section 2. Severabili . Headings, Conflict. Invalidation of any one of the provisions of this Declaration by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. Titles of paragraphs are for convenience only and are not intended to limit or expand the covenants, rights or obligations expressed therein. In the case of any conflict between the Articles of Incorporation and this Declaration, the Articles of Incorporation shall control; in the case of any conflict between this Declaration and the By -Laws, this Declaration shall control. Section Duration: Amendment. The covenants and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, unless such right is specifically limited, for a term of 25 twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of twenty (20) years each. The covenants and restrictions of this Declaration may be amended in whole or in part with the assent of at least seventy-five percent (75%) of the Members. Any amendment must be properly executed and acknowledged by the Association (in the manner required by law for the execution and acknowledgment of deeds) and recorded among the appropriate land records. ection 4. Soeoial A=ndment. Notwithstanding anything herein to the contrary, the Declarant may unilaterally amend this Declaration for any reason prior to the conveyance of the first Lot to an Owner other than the Declarant or a Participating Builder, and thereafter may make any amendment required by any of the federal mortgage agencies, such as the Veterans Administration, Federal Housing Administration, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, or by the County of Frederick as a condition of the approval of this Declaration, by the execution and recordation of such amendment following notice to all Members. swoon5. Waiver. The Declarant, as the present most interested party in maintaining the high quality of development which by these covenants is sought to be assured for the Property, hereby expressly reserves unto itself (so long as these restrictions are in effect), the unqualified right to waive or alter from time to time such of the herein contained restrictions as it may deem best, as to any one or more of the Lots, which waiver or alteration shall be evidenced by the mutual written consent of the Declarant and the then -Owner of the Lot as to which some or all of said restrictions are to be waived or altered; such written consent to be duly acknowledged and recorded among the land records of Frederick County, Virginia. Section 6. Annexation of Additional Property- The Association may annex additional areas and provide for maintenance, preservation and architectural control of Lots and Common Area within such areas, and so may add to its membership under the provisions of the Article entitled "Membership" herein, with the written consent of at least sixty-seven percent (67%) of the Class A Members. Provided, however, that during the seven (7) year period commencing with the date of recordation of this Declaration, no such consent is required for the annexation by the Declarant ofall or any part of the real property described in Exhibit B attached hereto and incorporated herein. Any future improvements on the annexed property must be consistent with or better than the initial improvements on the Property in terms of quality, design and construction and comparable in style, size and cost. Section 7. Withdrawable Real Estate (a) The Declarant shall have, with the consent of the County of Frederick, the unilateral right, without the consent of the Class A Members or any Mortgagee, to execute and record an amendment to this Declaration withdrawing any portion of the Property on which Dwelling Units have not been constructed; provided, however, that not more than five (5) years have lapsed since the date of the recordation of this Declaration. 26 O co tX) (b) Upon the dedication or the conveyance to any public entity or authority of any portion of the Property for public street purposes, this Declaration shall no longer be applicable to the land so dedicated or conveyed. Section g. Management Contracts. For such time as the Declarant or a Participating Builder has Class B membership status, the Declarant shall have the right to enter into professional management contracts for the management of the Property for tenons not to exceed one (1) year; provided, however, that the Association shall have the right to terminate such contracts, with or without cause, upon thirty (30) days' written notice to the other party and without payment of a termination fee. Section 9. Dissolution. The Association may be dissolved with the assent given in writing and signed by at least two-thirds (2/3) of each class of Members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association, both real and personal, shall be offered to an appropriate public agency to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by the Association. In the event that such offer of dedication is refused, such assets shall be then offered to be granted, conveyed or assigned to any non-profit corporation, trust or other organization devoted to similar purposes and in accordance with Virginia law. Any such dedication or transfer of the Common Area shall not be in conflict with then -governing zoning ordinances or the designation of the Common Area as "open space". Section 10, FHA/VA Aorovgj. If any of the Lots are security for a loan guaranteed or insured by VA or FHA, and if there is a Class B Member, the following actions will require the prior approval of the FHA or the VA: (a) annexation of additional properties, except the land described in the Section above entitled "Annexation of Additional Property"; (b) mergers, consolidations and dissolution of the Association; (c) mortgaging or conveyance of the Common Area; and (d) amendment of this Declaration. [SIGNATURE PAGES FOLLOW] 27 WITNESS the following signatures and seals: DOG Name: Denver E. Title: Manager STATE OF VIROINIA CITY/COUNTY OF lA 1 m Ls-j i r , to -wit: The foregoing instrument was acknowledged before me this A_ day of n(NQMYVr 2005 by Denver E. Quinnelly, as Manager of Dogwood Landing, L.L.C. Notary Public My commission expires: 9_'�D N . 28 IrZrZH�rLir7�7 Name: Deliver E Title: President STATE OF VIRGINIA CITY/COUNTY OF W ilY h.o \aY_ , to -wit: HOMEOWNERS The foregoing instrument was acknowledged before me this `8 day of 2W5, by Denver E. Quinneliy as President of Dogwood Village Homeowners Association, Inc. My commission expires: 9-._)o-up 29 �h,144' A, LL--, �Lv Notary Public N�Nrrrrrrr4 IV CW 0.h!goiN�t . �G �'.r'IRY O W ci' C) I.o Pa(SEAL) Arthur- . Tsiamis, USTEE COMMONWEALTH OF VIRGINIA CITY/COUNTY OF A to wit: 1, the undersigned Public, in and for the jurisdiction aforesaid, do hereby certify that ARTHUR I. TSIAMIS, TRUSTEE, whose name is signed to the foregoing instrument, appeared before me and personally acimowledged the same in my jurisdiction aforesaid. {� GIVEN under my hand and seal this 1 " da*OPublic of 2001� My commission expires: Ia"�I'T64 30 arm t= W c.� METRO F , L.L.C., BF FBy: (SEAL) Name: Arthur I Tsiamis Title: Manager COMMONWEALTH OF VIR i CITY/COUNTY OF to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that Arthur I Tsiamis, Manager, on behalf of METRO FINANCE, L.L.C., BENEFICIARY, whose name is signed to the foregoing instrument, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this day of 2005. My commission expires: � 21 4 MOW a iw�► OrMOMW so n«o.ew tt, On 0 ca r E "IT A PROPERTY SUBJECT TO THE DECLARATION All that certain tract of land lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 7.6460 acres in the aggregate, and more particularly described as Dogwood Village on that certain plat of survey drawn by Cory M. Haynes, Land Surveyor, dated October 13, 2005, attached to the deed of dedication dated September 26, 2005, of Dogwood Village Subdivision, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 05-0024069,and by this reference made a part hereof as if set out in full. 32 0 w cn LAND WHICH MAY BE ANNEXED Any and all real property which is now, or hereafter, adjacent to the property described in Exhibit A and is located within one (1) mile of the current exterior boundary of the property described in Exhibit A. 33 TAX PARCEL IDENTIFICATION NUMBERS Parent Tax Parcels: 86-((A))-142A and 86-((A))-141 EpER1CK COLIN l� Sty me on V1R(il �nnt i writinV— Prcd This at tn� ttx rcto a pexcd witfi certificate of aciotovACdBe dbY tn $ea 5&1-802 and rd. T Pose was adr(AlMd t0 rtco d if aMe�e aad 58.1-gpl have �° Pa' cot S 34 • 6 gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality October 20, 2003 Jeremy Camp Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Dogwood Landing Dear Jeremy, Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: William L. Wright Michael A. Hammer Thomas W. Price Please be advised that the owner/developer of Dogwood Landing shall reach agreement with the Frederick County Department of Parks and Recreation on the specification for the "1020' berm with plantings" shown on the MDP. This agreement will be created with a copy provided to your office prior to subdivision plat submission for any portion of this project. Sincerely, gilbert w. clifford & assoodtes, inc. r�* Charles E. dox, Jr., P.E., VP cc: T.W�Grove, Owner Jim Doran, Parks & Recreation 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net Member American Consulting Engineers Council t THIS DEED OF DEDICATION, made and dated this 261h day of September, 2005, by and between DOGWOOD LANDING, LLC, a Virginia Limited Liability Company, party of the first part, hereinafter called the DECLARANT (Grantor for indexing purposes), and FREDERICK COUNTY, VIRGINIA, party of the second part (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATION AUTHORITY, party of the third part (Grantee for indexing purposes), and ARTHUR TSIAMIS, Trustee, party of the fourth part (Grantor for indexing purposes), and METRO FINANCE, L.L.C, party of the fifth part (Grantor for indexing purposes). WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Cory M. Haynes, dated November 20, 2004, revised October 13, 2005, known as Dogwood Village, which property is further described on the Final Master Development Plan of Dogwood Village as filed in the Office of the County of Frederick Department of Planning and Development. This is the same land conveyed to DOGWOOD LANDING, LLC, a Virginia limited liability company, by Deed dated June 28, 2004 from T. W. Grove, Incorporated, a Virginia corporation, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04-0012161; and, WHEREAS, said property is subject to a Deed of Trust dated May 5, 2005 from Dogwood Landing, LLC to Arthur Tsiamis, Trustee, to secure a certain obligation to Metro Finance, L.L.C., of record in the aforesaid Clerk's Office as Instrument No. 05-0009634; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots for the construction of single family homes thereon, and the attached plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used as common open space, storm water detention easement, landscaping easements, access and driveway easements, sanitary sewer easements, drainage easements, and utility easements over and across said lots, and further shows a certain private street to be used by all lot owners in common which street is known as April Avenue, and which common open space, driveway, access easements, and April Avenue shall be owned and maintained by Dogwood Village Homeowners Association, Inc., upon the terms and conditions set forth hereinafter; and, 1 t CBQB WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Dogwood Village, the subdivision of said real estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, and the DECLARANT hereto further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication; and, WHEREAS, the parties of the fourth and fifth part as Trustee and Beneficiary, respectively of the aforesaid Deed of Trust, of record as Instrument No. 04-0012152, desire to express their consent to the subdivision of the aforesaid tract of land. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide all of that certain tract or parcel of land designated as Dogwood Village Subdivision, Lots 1 through 22, inclusive, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of Cory M. Haynes, dated November 20, 2004, revised October 13, 2005, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the final master development plan for Dogwood Village, on file in the Office of the Frederick County Department of Planning and Development. The derivation of title for the aforesaid land is as stated herein before in the recitals. All of the lots shown on the plat attached hereto shall be subject to the Declaration of Covenants, Conditions. and Restrictions to be recorded contemporaneously with this Deed of Dedication. The Dedication and Subdivision of the land as shown on the attached plat is with the free . consent and in accordance with the desire of the undersigned DECLARANT, Trustee and Beneficiary of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. 2 WITNESS the following signatures and seals: 1U STATE OF VIRGINIA,, CITY OF WINCHESTER, TO WIT: a notary Public in and for the State and jurisdiction aforesaid do hereby certify that Denver E. Quinnelly, Member/Manager of Dogwood Landing, LLC, whose name is signed to the foregoing Deed of Dedication dated thel'A day of ,r,,, —/-�U , , 2005, have personally appeared before me and acknowledged the same in m3fState and jurisdiction aforesaid. Given under my hand this .2 day of aWi.-dZ1, , 2005. My commission expires: 1111111111116QaBB/ Notary Public'-- o TA R P0BLI� �� ��••••••:-31 -01,:'�\moo: ®F•Vq�.®'•°ems �I14/1111111110 CT; CD WITNESS the following signatures and seals: METR CE, L.L.C. By: Ahuramis, Manager A Trustee STATE OF VIRGINIA, CITY/COUNTY OF c r" , TO WIT: I, `D_ I 4 - A �.I);n*notary Public in and for the State and jurisdiction aforesaid do hereby certify that Arthur Tsiamis, Manager of Metro Finance, L.L.C., and Arthur Tsiamis as Trustee, whose name is signed to the foregoing Deed of Dedication dated the Z(f`day of sem"at i� , 2005, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid ,,,,,,,,,,,,,,,, Given under my hand this ay off, 2005. My commission expires: Notary Public �>: 1 1912-A Dogwood \ A:\Deed of Dedication -Dogwood Village.wpd 11 J VICINITY MAP SCALE: 1" = 1,000' APPROVED BY: FREDERICK COUNTY SANITATION AUTHORIT ' DATE Z•� FREDERICK COUNTY SUBDIVISION A '� TRATOR�— DATE OWNER'S CON ENT: THE ABOVE ANJ) OR, GOINCt ,SUBDIVISION OF DOGWOOD VILLAGES, AS APPEARS WITH TIA FIR N6ENT �ICj IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED COW ERS,YING PROP ETORIS AND T U TE S I Y. n, BY; NOTARY PUBLIC: t STATE OF c I n i (�J ,(COUNTY OF i I�Q (�� Q rt to THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON j (� 3 , ��.`�� GHRISy'%� BY: ! Q T �.�L11%�F I (DATE) GOMM0 C MY COMMISSION EXPIRES ` ULo �Z:' Q Z= ' O t G � (NOTARY PUB,- ) 11VIA SURVEYOR'S CERTIFICATE "I" I, CORY M. HAYNES, A DULY AUTHORIZED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, CERTIFY, TO THE BEST OF MY KNOWLEDGE fool, HEREBY AND BELIEF, THAT THE PROPERTY CONTAINED IN THE SAME PROPERTY CONVEYED TO DOGWOOD LANDING, L.L.C., BY DEED THIS SUBDIVISION IS AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. RECORDED AT INSTRUMENT 0040012161 �1 0-T H OF o '2' v CORY M. HAYNES v No. 2539 � 10 / 13/C> S. FINAL SUBDIVISION PLAT DOGWOOD VILLAGE OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: NOVEMBER 20, 2004 REVISED: JUNE 16, 2005 0 REVISED: OCT. 13, 2005 PATTON HARRIS RUST & ASSOCIATES D cn A PROFESSIONAL CORPORATION O CONSULTING ENGINEERING - LAND SURVEYING - PLANNING N 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 7 N AREA,' 'SUMMARY: TOTAL DEVELOPMENT AREA: 333,058.17 S.F. or 7.6460 ACRES AREA IN LOTS: 122,257 S.F. or 2.8066 ACRES JERRY A. TAYLOR: 21,420 S.F. or 0.4917 ACRES TOTAL OPEN SPACE: 128,516 S.F. or 2.9503 ACRES AREA IN OPEN SPACE : AREA IN R/W: 60,863.00 S.F. or 1.3972 ACRES TOTAL AREA SUBDIVIDED: 311,638 S. F. or 7.1542 ACRES NUMBER OF LOTS: 22 AVERAGE LOT SIZE: 5,557 S.F. SMALLEST LOT: 5,006 S.F. ALLOWABLE DENSITY: 10 LOTS PER ACRE (165-62A) MINIMUM SETBACK REQUIREMENTS: PARENT PARCELS: FRONT = 20' 86- ((A)) - 1 42A REAR = 15' SIDE = 5' 86-((A))-141 MINIMUM LOT WIDTH AT SETBACK = 70' ZONED: RP & RA MINIMUM WIDTH AT R/W = 20' MINIMUM LOT AREA = 3,750 S.F. ALL LOTS ARE SINGLE FAMILY DETACHED - URBAN CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT C1 25.00' 10012'04" 43.72' 29.90' C2 125.00' 25'54'21 " 56.52' 28.75' C3 25.00' 53'58'05" 23.55' 12.73' C4 60.00' 59'58'01" 62.80' 34.62' C5 25.00' 53'58'05" 23.55' 12.73' C6 25.00' 53'58'05" 23.55' 12.73- C7 60.00' 35*4121 37.37' 19.32' C8 25.00' 53'54'05" 23.52' 12.71' C9 475.00' 17*1O'15" 142.35' 71.71' C10 175.00' 31 *01 35 94.77' 48.58' C11 25.00' 84*55'11" 37.05 22.88' C13 25.00' S3'58'05" 23.55' 12.73' C14 60.00' 45'01'52" 47.16' 24.87' C15 35.00' 50'23'45" 30.78' 16.47' C16 525. ' 16*39'12" 152.59' 76.84' C17 23.00' 90'00'05" 36.13' 23.00' C18 53.00' 180'00'00 166.50' INFINITE' C19 53.00' 90'00'05" 83.25' 53.00' C20 475.00 2'06'22" 17.46 8.73 C21 475.00 8'06'30" 67.22 33.67 C22 475.00 6'24'36" 53.14 26.60 C23 475.00 0'32'47" 4.53 2.26 C24 53.00 19'09'31" 17.72 8.94 C25 53.00 27'16'070 25.22 12.86 C26 53.00 38'03'39" 35.21 18,28 C27 53.00 5'30'49" 5.10 2.55 C28 53.00 65'57'43" 61.02 34.39 C29 53.00 114-02'17" 105.49 81.67 C30 525.00 348'53" 34.95 17.48 C31 525.00 5'49'36" 53.39 26.72 C32 525.00 7'00'43" 64.25 32.17 C33 530.00 8'26'30" 88.09 39.11 C34 150.00 36'06'24" 94.53 48.89 C35 500.00 16'39'12" 1 145.33 1 7118 CURVE "C12" OMITTED INTENTIONALLY. BEARING N57'28'21 "E N 05'34'52"W N45'31'05"W S42'31'07"E N39'31'09"W S / 7'22"23-W N68'16'01 "E N32'43'51 "E NO3'01 14"W S29'58'02"E N12'55'07"E S15'36'03"W N32'28'20"E S69'08'46"W N24'08'49"E S69'08'46"W AI A-- r) .-"- C9 u', r\) CHORD 38.36' 56.04' 22.66' 141.82 93.61' 33.75' 45.95' 29.80' 152.06 32.53' 106.00 74.95' 17.46 67.16 53.11 4.53 17.64 24.99 34.56 5.10 57.70 88.92 34.95 53.37 64.21 78.02 92.97 144.82 �p,LD FINAL SUBDIVISION PLAT o� DOGWOOD VILLAGE OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA CORY SCALE: AS SHOWN DATE: NOVEMBER 20, 2004 NoREVISED: JUNE 16, 2005 REVISED: OCT. 13, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 0 0 0 m D V) 0 N fh O to N Jn CC I z yr i LINE TABLE LINE BEARING LENGTH L1 N18'32'02"W 14.17' L2 N45'34'18"W 20.20' L3 N16'59'02"W 49.12' L4 N69'32'25"E 105.27' L5 N17'3422"E 7.49' L6 S71'27'58"W 68.13' L7 N18'32'02"W 14.17' L8 S77'29'15"E 106.60' L9 N69'00'24"W 149.13' L10 S74'37'19"W 34.09' L11 N19'18'41 "W 44.07' L12 N24'10'25"E 72.70' L13 N65'51'16"W 40.00' L14 N24'11'57"E 55.93' L15 N24'08'44"E 334.38' L16 N24'08'44"E 315.07' L17 N24'08'44"E 391.07' 1-18 N22'46'57"E 300.00' L20 N24'08'44"E 391.07' L21 S65*51'1 YE 76.51' L22 N28'01'18"E 264.32' 1-23 N31'46'45"W 72.50' 1-24 S14'19'08"W 96.59' 1-25 S65'51'16"E 185.29' 1-26 S65'51'11 "E 60.56' L27 N67'08'28"E 96.70' L28 N23'14'18"W 77.86' L29 N65'51'11 "W 48.51' L30 N70'00'50"W 127.30' PLTH 0' U CORY M. HAYNES v No. 2539 Ic/ 13/oS lq� �v�o4 cj- c.►; 0-1 v.I FINAL SUBDIVISION PLAT DOGWOOD VILLAGE OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: NOVEMBER 20, 2004 REVISED: JUNE 16, 2005 REVISED: OCT. 13, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 3 OF 7 0 0 0 m D Ln 0 N n 0 1 KEY SHEET 10' WALK PATH & EMERGENCY ACCESS EN SPA( 2 OPEN SPACE N rr) d 2 r- O O O J J J LOT 11 N SEE SHEET 7 Q LOT 10 APRIL a AVENUE cn z LOT 9 O LOT 15 LOT 8 LOT 7 LOT 16 Imo' LOT 17 LOT 6 z LiJ N Q LOT 18 LOT 5 J LOT 19 SEE SHEET 6 ¢ v a- z LOT 4 Q O SEE SHEET 5 LOT 3 LOT 2 LOT 1 OPEN SPACE 2 OPEN SPACE 1 LOT 20 LOT 21 LOT 22 n pn PIN 86-((A))-142 v n Ln z uj o OPEN SPACE 4 ROUTE 277 FAIRFAX PIKE O GT7 LCORHAYNE,,S)��- Y� FINAL SUBDIVISION PLAT Grp,DOGWOOD VILLAGE OPEQUON MAGISTERIAL DISTRICT ��FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: NOVEMBER 20, 2004 cNES REVISED: JUNE 16, 2005 REVISED: OCT. 13, 2005 �Ll PATTON HARRIS RUST & ASSOCIATES If A PROFESSIONAL CORPORATION c 04 CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 4 OF 7 Cll N /F I COUNTY OF FREDERICK 15' INACTIVE BUFFER D.B. 441, P. 97 (LANDGRANT LANE) 10' ACTIVE BUFFER PIN 86-((A))-117A-i S24'20'11 "W 928.62' TOTAL 130 93 151.39' 0� :. i�:50 01' 83.51' rl o N OPEN SPACE 2 20 o a - 45,252 SF �; oN24'20'07"E DRAIN. ,n • o 572.70'(TOT.) z nu, ESMT. o �c I , -+o I co 48.70' rn ��o �m 20.92' z ono 15 BR (OPEN SPACEI N o o �/� 5 454 SF 21,507 SF o ca o 20' LOo 20' DRAIN. D�' DRAIN.' , 2 'L7 '`' ESMT. I ��0. `� 1 ��2 0 O cr! �'1 tx.' ES M T. ..� C I� S47 •�4 6,. p L� DRAIN. ESMT, co 7 o \► it `L C14 C3 W i = C7 0 V) 0o 1-5C3A DRAIN, Ld ��'� 179ESM.021 OT ESQ W 70 D \� 20' WATER 1 OPEN SPACE 4 ESMT. C33 I 7,125 SF N/F I2 W X rn JERRY A. TAYLOR & r F Z Z DONNA M. TAYLOR ' c6 �D a1 z C°c n�, c0 N INSTR. #040006903 `n�0 QQ J C, ncn I 'r, �o °' t i INSTR. #040005416 m U o m < Go v A PIN 86-((A))-142 z �Ln m . I � 10 .66' 1_67 79' 53.00' I N24'08'49'E 933.37'(TOTAL) I OPEN SPACE 3 I 54,632 SF /-0.51' I I _L_ _ N24'08'44"E 934.37'( IUTAL) N /F COUNTY OF FREDERICK PIN 86-((A))-143C �N'- ))117 FINAL SUBDIVISION PLAT o� DOGWOOD VILLAGE OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA CORY M. HASCALE: 1"=50' DATE: NOVEMBER 20, 2004 No. 2539REVISED: JUNE 16, 2005 REVISED: OCT. 13, 2005 Iof,3�UPATTON HARRIS RUST &ASSOCIATES A PROFESSIONAL CORPORATION NSULTING ENGINEERING — LAND SURVEYING — PLANNING S�v E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 l\ LL O W cn W W W z I Ia, N /F 15' INACTIVE BUFFER COUNTY OF FREDERICK 10' ACTIVE BUFFER (LANDGRANT LANE) D.B. 441, P. 97 S24'20'11"W 928 62'(TOTAL) PIN 86-((A))-117A OPEN SPACE 2 727 22' 45,252 SF _ N24'2007"E 572.70'(TOTAL 53.00' 53.00' 53.00' 53.00' 53.0__0' 53.00 al r- 15' B R L7 r- 15' B R -1 - I- 1 �w 1 1 I 15 BRL 15 BRL �15' BRL - - co. 5,392 SF-�`' 15,449 SF w l 4 w l 5 w j 6 w 1 7 mJ�lU) �coi�m m�1�5,440 SFJ�1�5,431 SF ��o0 5,422 SF� "I 5,412 �Irnm m�lo m m.n cam M. N m m� N m m .-I `�'m �n� 1 `n ,- _ Ln o U) o Io m m ;nl 0o m cn cD I Un In cD �n 1n o �n Ln I �_ cn 10. 00 cn I Ln I `n 'n v`°i I 20 27'4 31 5„W 20' BRL LZQ'B30_J L 20_BRL� L BRL 61.00' TOT. 13.72' 20' SAN. SEW. L18 ESMT. C = 5 0 .00 (50 RAW) APRIL o 20' o �� --� C35 AVENUE ESMT. DRAIN 0� —C L1.2 :.. L22 ---N28°51'05 20' DRAIN. — 179.02' E To T ESMT.: :. 20' DRAIN. 33 Ol 0- - -r _ L15 _ 100 20 BRL i i 20 BRL20' BRL 20' BRL - —1 22 I o 1 1 20 WATER ES20 BRL 1 20 BRL 6,112sF�1 21 ►0 20 �.1 19 :1 18 �I 17 11 5,923 SF :-1 I o " J� CO J J o 5,909 SIF uu 5,909 SF_ I� 5,909 SF__=1O 5,910 SF^I" m ;n c- m m �n ^ m m Ch u�Lf l = m m z I= m m. I r-m m Ln Ln Ln Ln z m m� m m� '-m m I zl z z 1 �n `n 11 `n 'n Z 1 `n `n 1 `n 10. 00, o 1 5' BRL L 5_BR 15' BRL L 15' BRLJ L 5' BRL Q5_BRIJ20.02 53.00' 19.15uoO 8'49" 53. 05300'Q 3,N 24'010.00' 179.54933.37'(TOT.) \ 20'I DRAIN. ESMT. 20' DRAIN. ESMT. OPEN SPACE 3L26 54,632 SF GRAPHIC SCALE 25 50 1 inch = 50 ft. N 2 3' 222.35 `(`TOTA : i n nn N24'08'44' E /9.3 347'(TOTAL COUNTY OF FREDERICK PIN 86-((A))-143C ��YJH OP v CORY M. HAYNES v No. 2539 io t0�13��s � SUgV� O W 2 Ln W W 0 I W z J a FINAL SUBDIVISION PLAT DOGWOOD VILLAGE OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1 "=50' DATE: NOVEMBER 20, 2004 REVISED: JUNE 16, 2005 REVISED: OCT. 13, 2005 PATTON HARRIS RUST & AS A PROFESSIONAL CORPORATION c CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 6 OF 7 D n D n D V D V N /F Ur (LANDGRANT LANE) COUNTY OF FREDERICK D.B. 441, P. 97 -� S24'20'11"W 928 62'(TOTAL) _ PIN 86-((A))-117A 15' INACTIVE BUFFER 71.12' j10_ACTIVE BUFFER — — OPEN SPACE 2 mo o —, — — — — -- — — 45,252 SF N v7� m _ N24'2007E 2.70'(TOTAL� _ _ t° �z 3.00 53.00' 51.00' 51.00' 51.00' D 5.75' 15' BRL w1�f1515 BRL r 15' — BRL 8 9 10 >_LO SF 5403 SF w_15,190 5,153 5,409 �J'-10�-;•-Ico S-FI �:I �n mF c000 .4.E' S0M,T5:.1�m<, �� � O CO c`ncc) O �m�nm m m'2aSAN.lo�omm� L0 QoFm n (0 �) z 20'cn `n `nz y � BRLJ L-20'-B J 20' BRL <yiu' L23 ��i L24 �� � � L18�� 20' SAN. ESMT. 0 ry w v c 5 53.00' 51.00' 26.61' �rS24'08'39"W'�,, z z - — — O L17 10.00' C� - - - -89.20 C 5' BRL �' I_ 9 moo- I a Z `.. r 12 m J o Wo} L20 U 5,180 SF I Q �- o 20' DRAIN. ESMT, W 10:00. �� 5' BR �I Lno (n L14cf) I N24_08'44"E- `- 4Nm L15 ui N �-97.24'- - o n � Lliw T- — to K) J l0 5 BRL o 20 BR -1 F-20' BRL-1 w 10.00'^ I ? '� I 1 3 ml 0 20� WI ATER ESMTj. I < z I I� 5,006 SF . I -' I _ 1 6 1 5j 0 jCif 3.�44' 5' BRL `r'I r Z 5,910 SF �l0 6,019 SF n Jw� o N24'08'44"E- J J -- I�'� moo � -� I 2�00 -97.00 - - -I - w� m min �m ml �Z� 0 20' S BRL ILn c�� a- Lw � o E.. I t o �n Q I m 4 m un inz I Ln QQ I� o v //oESMT.5,315 SF I z cnN — BRL J L-15 BRL_] � `v ��� 128 41'—_ ad- 53.00' 55.00' 1 52.24 238 92' N24'08'44"E 220.76' (TOT.) N 24'08 49 E -- 10.00' 933.37' (TOT.) L28 158.62' 20' DRAIN, ESMT. OPEN SPACE 3 U' 20 DRAIN. ESMT. N27. 54,632 SF 20'43"E:• �.: .7 ` o 1.3 4;, 53' 10.00' _ 1 4.4 ' N24'08'44"E 934.37'(TOTAL) N24'43'23"E N F 358.78'(TOTAL) COUNTY OF FREDERICK PIN 86-((A))-143C rr'n �,Z,THOPFINAL SUBDIVISION PLAT DOGWOOD VILLAGE OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA RY M. HAYNES SCALE: 1 "=50' DATE: NOVEMBER 20, 2004 � GRAPHIC SCALE No. 2539 REVISED: JUNE 16, 2005 0 REVISED: OCT. 13, 2005 0 o zs eo 00 1� �131� S PATTON HARRIS RUST &ASSOCIATES CIO co A PROFESSIONAL CORPORATION 0 �9'lJ � O4 CONSULTING ENGINEERING - LAND SURVEYING - PLANNING SURN V, 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 50 ft. (540) 667-2139 N SHEET 7 OF 7 .- C VIRUINTA FRED":RICK COUNTY, SCT. This itastrumeizt of writ4ng w rod P uced tome on aiul with ' at ce.r.iScate of acknOwledgement thereto ann� ., d was admitted to record. T' imposed by Sec. 5S•1-Hp? of ,and 58.1-801 have en paid, if assessable C'ierk KUYKENDALL, JOHNSTON, MCKEE & BUTLER, P.L. C. 112 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTER, VIRGINIA 22604-1297 (540)662-3486 Facsimile (540) 722-3787 E-Mail: bmblaw@adelphia.net PETER K. McKEE (1934-1967) BENJAMIN M. BUTLER STEPHEN G. BUTLER TRANSMITTAL LETTER October 31, 2005 Mark Cheran Frederick County Planning Dept. 107 N. Kent Street, #202 Winchester, VA 22601 J. SLOAN KUYKENDALL (1906-1995) J. SLOAN KUYKENDALL, III EDWIN B. YOST File No. 11912-A Quantity Document Name Shipment Method, Comment 1 Copy of the Recorded Deed of Dedication from Dogwood Landing, LLC to Frederick County, Virginia USPS For your records. If you have any questions regarding the enclosed documents, please feel free to contact me. Very truly yours, 7en & BUTLER 4n M. utler a I 4FOR SIGNATURE Owner/Applicant/Agent: &n bu+l e r Address: 1(2- 5 • Ca ►'rig C) C) �i Phone Number: �D (Q °� " �y �0 PARCEL INFORMATION Type of Plat: 0y NQJ tKAVj.0 r 6�` Zoning District: �� - No. of Lots: a a Comments: Property Location/Subdivision: Magisterial District: CL"U kry-- Property Identification Number (P.I.N.): Slo -((A)) -1 UR A S��o (/(i4A-�� (Parent Tract) ****For Office Use Only**** FEES FOR RECORDATION OF PLA S, PS {�( P. $100.00 per lot S Q-)0.5 b-k,r re—U ► (Minimum Fee $100.00) bk+,0 "'� ws� cS+Q t( � C Y, `I�Z Fee amount enclosed: $ Receipt #: Paid by Credit Card: Received by: Date: (Initials) Frederick County Department of Planning and Development 107 North Kent Street • Winchester, VA 22601 Phone: (540) 665-5651 Fax: (540) 6/6�5-663195 0ALand Use Appkations\Appfication FormsVecordation of plats.wpd (06/28/05) / / Y ✓✓7]I t% 1 A l f� Patton Harris Rust & Associates, pc Engineers, Surveyors, Planners, Landscape Architects P 117 East Piccadilly Street, Suite 200 HRA Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 Memorandum To: Mark Cheran Organ ization/Company: Frederick County Planning From: Ron Mislows Date: October 14, 2 5 Project Name/Subject: Dogwood Village PHR+A Project file Number: cc: Steve Finer I've attached a copy of the revised landscaping plan for Dogwood. The full screen on the west side of the site has been added. If you have questions, please give me a call. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 27, 2003 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #06-03 OF DOGWOOD LANDING On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, September 10, 2003 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider the Master Development Plan for Dogwood Landing, submitted by G. W. Clifford & Associates, Inc., for 25 single-family detached small lots. The property is located adjacent and north of Route 277, 1500 +/- feet west of the Intersection of Route 277 and White Oak Road, adj acent and west of Sherando Park, and is identified with Property Identification Numbers 86-A-141, 86-A-142, and 86-A-142A, in the Opequon Magisterial District. Any interested parties may attend this meeting. Please note that this application is scheduled as a public meeting. As such, anyone wishing to speak concerning this application must do so during the citizen comment portion of the agenda, which occurs at the start of each Board of Supervisors meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library approximately one week before of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, �� za�� --7, (`�4 Jeremy F. Camp Planner II JFC/bad OAAgendas\Adjoiner Ltrs\2003\MDP\Dogwood LandingBOS.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 86 - A- - 143- n r COUNTY OF FREDERICK s COURT SO n 601 WINCHESTER, VA. f a: 4 ra,u, %7'0,3 ] w E SEP 0 2 2003 FREDERICK COONT Y 22601 4736 s PINING & DEVELOPMENT -� --- -- N'.L'XXE ':3133 -1 08/-)4/03 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD - - I::IIItIII IIII:fill fit 1111iIIIII _= •�i_ �: :_::_::_ Hill III till ififilif�t 9 # s Pam Deeter From: Bonnie Waybrig Sent: Wednesday, December 30, 2009 8:42 AM To: Pam Deeter Cc: Sharon Kibler Subject: FW: Money from Dogwood Village Subdivision Pam, Bev from Planning called Sharon about this check that was received on 12/15/09 from Ryan Homes from Dogwood Village Subdivision in the amount of $10,000.00. Bev told Sharon that this was Proffer money, and as you will read in the following email from Matt Hott in Parks, it isn't? Is it or not? Would you find out for us, please. Thank you, Bonnie. -----Original Message ----- From: Sharon Kibler Sent: Tuesday, December 29, 2009 1:55 PM To: Bonnie Waybright (bwaybrig@co.frederick.va.us) Cc: Cheryl Shiffler Subject: FW: Money from Dogwood Village Subdivision Bonnie, See below... According to Matt, the money was not proffer funds. So I guess we need to move it from the proffer line item that we put it in. Sharon Kibler County of Frederick Finance Department 540-722-8286 From: Matt Hott Sent: Tuesday, December 29, 2009 1:46 PM To: Sharon Kibler Subject: RE: Money from Dogwood Village Subdivision This was not proffer money! This development is next to Sherando Park and the development was required one (1) Rec. Unit. At the time, a Rec Unit was valued at $20,000 and it was agreed that the money would be used in Sherando Park since the development was adjacent to the Park. The Developers bonding was released on an oversight by the Planning Department prior to the Parks and Recreation Department receiving the $20,000. In recent efforts by the Zoning Administrator and the County Attorney, we settled for the $10,000. Matt. From: Sharon Kibler Sent: Tue 12/29/2009 1:17 PM To: Matt Hott Subject: RE: Money from Dogwood Village Subdivision Matt, I was told by Planning that this was proffer money... was it not proffer $$ ? Sharon Kibler County of Frederick Finance Department 540-722-8286 0 ! From: Matt Hott Sent: Tuesday, December 29, 2009 12:17 PM To: Sharon Kibler Cc: Kim DeHaven; Jason Robertson Subject: Money from Dogwood Village Subdivision Sharon, I was informed by the Planning Department that the Parks and Recreation Department received a check in the amount of $ 10,000 from NVR Homes. This represents the settled amount owed to the Parks and Recreation Department by the developer for the required Recreation Units for the development. Please include the entire amount in 7110-8900-00. Please contact me if you should have any questions. Thanks! Matt. ILon � Cz O� �' 2 ' . r*t � n Icn m � fy'� II . x r� I 0rn I I RIGHT TURN I g I Z ARROW I OPEN z I- SPACE m �. I 2.86 AC. ENO C - 7 }( I •I oCp r1SA vL%. I("�, r�l1t I!,; -I-,/ nr r- r �o vvrlvvlJlvl f �,I r A \ 111 I r,%.., LL. . B„ mrl r Z 0 MEET & MATCH \ DWELLINGS SHALL COMP' I EXISTING PVMT k AND THE INTERNATIONAL REQUIRE ADDITIONAL EN( 7 _ ` ELEVATIONS ABOVE ORIGI `�- -- OF FOUNDATIONS DUE T WAIVER: ENVIRONMENTAL FEAR WAIVER ALLOWING 800' CUL-DE-SAC PER AREA IN ACRES TOTAL DISTL CHAPTER 144, SUBDIVISION OF LAND (144-24) FLOOD PLAINS 0.00 0 WITH PROVISION FOR EMERGENCY ACCESS LAKES & PONDS 0.00 0 TO PARK ROAD AND TRAIL SYSTEM BY NATURAL RETENTION AREAS 0.00 EMERGENCY VEHICLES APPROVED WITH STEEP SLOPES(+25%) 0.00 MASTER DEVELOPMENT PLAN ON OCT. 24, 2003. WOODLANDS 0.00 WETLANDS 0.00 RECREATIONAL UNIT NOTE: SINKHOLES 0.00 ORDINANCE REQUIREMENTS ARE SATISFIED ?e( rnQ� }� C �h,s W0.5 00" o�ri College BY DIRECT CONTRIBUTION TO FREDERICK 101 COUNTY PARKS DEPARTMENT OF $20,000 d0,P_ FOR CAPITAL ITA IMPROVEMENTS TO `- +, m� SHERANDO PARK. FEE TO BE PAID PRIOR TO OWNER OF RECORD r� ISSUANCE OF ANY BUILDING PERMITS. MARTHA M. SANDY LANDGRANT LANE ACCESS NOTE c/o MARTHA MADIGAN 231 FAIRFlELD DRIVE i Q WINCHESTER, VA 22602 ACCESS TO ROUTE 277 SHALL NOT BE RESTRICTED AS THE RESULT OF THIS PROJECT FOR ALL LOTS HAVING USE OF LANDGRANT I� FIELD ACCOUNT 11700 PLAZA AMERICA DRIVE RESTON, VA 20190 32872 - FREDERICK COUNTY 12/15/2009 VENDOR ACCOUNT INVOICE NUMBER INVOICE DATE CO DIV CM LOT U PH/A ACCT AMOUNT DWO0001574 12-14-09 31 WAW DV 933 i 10,000.00 1 DEEC PROFFER NEV R PAID BY DEVELOPER FREDERICK COUNTY P.O. BOX 552 WINCHESTER VA 22604-0552 REMrrTANCE ADVICE DETACH BEFORE DEPOSMNG CHECK THIS MULTI -TONE AREA OF THE DOCUMENT CHANGFES COLOR GRADUALLY AND EVENLY FROM QARK;TO LjI HT WITH, DARKER -AREAS BOTH TOP AND. sOTT0 ti w y A. i•• Sza3 > . ' ':Bank of America N:A.!, r`RYAN:IIOPAES 'A}Ia&,DeCa katb'irityR;Georyia:,• •'"t:r:� •NVHOMES:= 1;:s„ir �.: i ,:.:r`, •� Q /� '.NVR BUILDING'MATERIALS> •:... 1, `•- S V �-F (] 7 FOX RIDGE HOMES tiA7g 'sw .r vENooil,/.•: • '�' cHECIi �` ash ° `: :* * * * * 10 , 0 0 0 . 0 0 F =z .: .•:: .„ �:°€''t"' PAY:. '.12/15%09 s ;329.7�:.r' �. ; ? � EXACTLY:... � t`` .. ; , :.. . •, , • . • • TEN THOUSAND DOLLARS AND 00 CENTS PAY TO THE ORDER OF: VOID AFTER 90 DAYSNVR, INC. CHECK NOT VAUD OVER $25,0=00 E FREDERICK COUNTY -?''• g .••..r:,,.:.., UTHORIZED SIG TURF —. ..�..�....... ..«.._..� .— ....... �....-r.»-w�.• .. . _ ...........ur..c.e.n .r, ain :n.�Rw .w �<..t+./�GYJ.WUC►Irf`uCf.V74/A.TLO:CL1t1f�OCCUCNT�. .� T b6 AipOt� L- Xis �,y DP � a� JIB ' ' _ 77Z S6fjem b FIELD ACCOUNT 11700 PLAZA AMERICA DRIVE RESTON, VA 20190 588492 OKs IL I i VON 32872 - FREDERICK COUNTY 12/15/2009 VENDOR ACCOUNT INVOICE NUMBER INVOICE DATE CO DIV CM LOT U PH/A ACCT AMOUNT DW00001574 12-14-09 31 WAW DV 933 10,000.00 PROFFER NEVER PAID BY DEVELOPER FREDERICK COUNTY P.O. BOX 552 WINCHESTER VA 22604-0552 REMITTANCE ADVICE DETACH BEFORE DEPOSITING CHECK THIS MUILTI=TONE AREA OF THE DOCUMENT CHANGES COLOWGRR . AGLY 'ND EWNCY FROIYF DARK TO LIGHT WITH DARKER AREAS BOTH TOP AND Bank of America, N.A. RYAN HOMES FIELD ACCOUNT Atlanta Dekaib County Georgia iNm" jNVHOMES ;. ' NVR BUILDING MATE] ! It i I �iaet/r°lil i t it 3li�l r Ittri ® FOX RIDGE HOMES DATE VENDOR# CHECK#� ySt, r 12/15/09 32872 588492 v EXACTLY. 9 TEN THOUSAND DOLLARS AND 00 CENTS PAY TO THE ORDER OF: FREDERICK COUNTY VOID AFTER 90 DAYS t�z � 088492 �f *****10,000 00 NVR, INC. CHECK NOT VAUD OVER $25,000.00 64 1278 611 II' S8849 211' 1:06 1 1 1 2 7881: 329 90 S 9230,10 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 27, 2003 Mr. Charles Maddox, P.E., VP G. W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Administrative Approval of MDP #06-03, Dogwood Landing Property Identification Numbers (PINS): 86-A-141, 86-A-142 and 86-A-142A Dear Chuck: Frederick County administratively approved the above -referenced final master development plan on October 24, 2003. The master development plan is approved for the potential development of 25 single family small lots within the Opequon Magisterial District. The property which would comprise this development is located on the north side of Fairfax Pike (Route 277), immediately to the east of the softball fields at Sherando Park. All requirements of the Frederick County Zoning and Subdivision Ordinance have been addressed in the plan. Please note that approval of a subdivision design plan is required prior to the subdivision or development of this parcel. On September 3, 2003 the Planning Commission approved a waiver to the length of the proposed private cul-de-sac for Dogwood Landing (April Avenue). A length of at least 800 feet long was approved. I am providing you with four (4) copies of the approved final master development plan. Please ensure that these plans are distributed accordingly. Feel free to contact me if you have any questions. Sincerely, Jeremy F. Camp, Planner II JFC/bad Enclosures 107 North Kent Street • Winchester, Virginia 22601-5000 • 6 cc: "Robert (Bob) M. Sager, Opequon District Supervisor /Joe Wilder, Public Works Jane Anderson, Real Estate em: �oger L. Thomas, Opequon District Planning Commissioner Rick C. Ours, Opequon District Planning Commissioner U:VeremyMfwferDevelopment PImrsDDog-o dI4n&ngUdmApproval_MDPN06_03.wpd COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 22, 2003 Mr. Charles Maddox, P.E., VP G. W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Review Comments for Dogwood Landing Master Development Plan Property Identification Numbers (PIN's) 86-A-141, 142, and 142A Dear Chuck: Prior to administrative approval of the above -referenced master development, the following comments must be addressed. 1) Road Efficiency Buffer. Please correct the wording so the proposed road efficiency buffer is labeled as a reduced distance buffer, not a full distance buffer. 2) Landscaping Detail. Please remove or correct the landscaping "detail" shown for the residential separation buffer, along the left property line, and the road efficiency buffer. The number of trees shown on the plan is inconsistent with the required number of trees. 3) Center of Roundabout. Please label the center of the proposed roundabout as proposed landscaped area. 4) Landgrant Lane Access. Please provide a statement to the effect that access to Landgrant Lane will be maintained for all lots which currently have access to it. 5) Other Landscaping. Please specify on the plan whether street trees or ornamental landscaping will be used to meet the landscaping requirements of this development. After you have made the necessary revisions to the plan, please resubmit for my review. Staff will need at least five copies for final administrative approval. Please let me know if you have any questions. Sincerely, Jeremy F. Camp - Planner II JFC/bad U: VeremyWaster Development PlanslDogwood LandinglReview Comme ts. wprl 107 North Kent Street • Winchester, Virginia 22601-5000 wl o COUN o CK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 12, 2003 Mr. Charles Maddox, Jr. G. W. Clifford & Associates, Inc. 117 N. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: MASTER DEVELOPMENT PLAN #06-03 OF DOGWOOD LANDING Dear Chuck: The Frederick County Board of Supervisors granted staff administrative approval authority for the above -referenced Preliminary Master Development Plan on September 10, 2003. Your firm will need to submit a Final Master Development Plan for this project which addresses all review agency comments, as well as all comments of the Planning Commission and Board of Supervisors. Our department will provide your firm with administratively approved copies of this plan once these issues have been addressed. If you have any questions, please do not hesitate to call me Sincerely, Jeremy F. Camp Planner II JFC\bad cc:Xartha M. Sandy �rt Sager, Opequon District Board of Supervisors Commissioner ��Anderson, Real Estate Voe Wilder, Public Works em oger Thomas and ck Ours, Opequon District Planning Commission Members 107 North Kent Street • Winchester, Virginia 22601-5000 MASTER DEVELOPMENT PLAN #06-03 DOGWOOD LANDING Staff Report for the Board of Supervisors Prepared: September 4, 2003 Staff Contact: Jeremy F. Camp, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/06/03 Postponed 09/03/03 Recommendation of Approval Board of Supervisors: 09/10/03 Pending LOCATION: This property is located along the north- side of Fairfax Pike (Rt. 277), and is immediately to the east of the softball complex at Sherando Park. The address of the existing house on the property is 136 Landgrant Lane. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 86-A-141, 142, & 142A PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential & Vacant RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned RP (Residential Performance) District West: Zoned RA (Rural Areas) District PROPOSED USE: 25 Single Family Small Lots Use: Public Park Use: Public Park Use: Public Park Use: S.F. Residential MDP #06-03, DOGWOOD LANDING Page 2 September 4, 2003 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The preliminary master plan for this property appears to have a minimal measurable impact on Route 277, the VDOT facility which would provide access to the property. Due to the large volumes of traffic on Route 277, a detailed review of the proposed entrance will be required. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right- of-way dedications, traffic signalization and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Fire Marshal: Residential sprinkler system recommended. Fire lane Required. Fire hydrants shall be -located within 400 feet of all single family detached dwellings, per Frederick County Code. All fire hydrants shall be set within three feet of the curb. No further comments at this time. Sanitation Authority: 111 Review - Approved. County Inspections: Demolition permit is required to remove the existing home. No other comment required at this time. Winchester Health Department: As long as all dwellings are hooked to the (FCSA) Sanitary Sewer and Water and no existing wells and drainfields are impacted, the Health Dept. has no objections. If the existing house being removed has an existing well and septic, they must properly be abandoned. Call the Health Department for proper abandoning techniques per State Regulations. Public Works: Upon review of the subject master plan, we offer the following comments: 1) Provide an adequate outfall for the proposed subdivision. 2) Ensure a minimum 27 degree slope within the subdivision for drainage. 3) All issues concerning stormwater drainage shall be addressed at the time of subdivision plan approved. Geographic Information Systems: April Avenue is approved. Road name is reserved. Structure numbers will be assigned upon small lot subdivision recording or upon requests of building permits. Parks & Recreation: See attached comments dated June 19, 2003. Winchester Regional Airport: The above referenced proposal has been reviewed and it appears that the proposed master development plan should not have an impact on operations at the Winchester Regional Airport. Thank you for your cooperation and consideration in continuing safe operations of the Winchester Regional Airport. • MDP #06-03, DOGWOOD LANDING Page 3 September 4, 2003 Frederick County Public Schools: No additional comments at this time. Planning & Zoning: Site History: The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) depicts the zoning for the subject parcels which comprise the proposed master development plan as R-1 (Residential Limited) District. This acreage was reclassified to RP (Residential Performance) District on September 28, 1983 when this zoning district removed the R1, R2, R3, and R6 zoning districts. Based on County real estate records, the house located on parcel 86-A-142 was built in 1971. Site Suitability: Land Use Compatibility The site of the proposed project lies in a transition zone between the RA (Rural Areas) and RP (Residential Performance) Zoning Districts. The outlying land uses consist of a public park and single-family residences. The proposed development proposes smaller lots and a slightly higher density than what is found in the surrounding area. Lots in the area range from approximately 12,000 square feet in size to lots over 2 acres in size. The proposed development would consist of lots 5,000 square feet or larger. The Frederick County Comprehensive Policy Plan states that "care should be taken to avoid densities which are excessive in comparison to the existing average density in a given area" (UP, 6-69). Despite the smaller lot sizes the proposed housing density of the development is only moderately higher than if the property was developed with single family detached urban lots (12,000 s.£) or single family detached traditional lots (15,000 s.f.). Statistically, there could be two more lots with the proposed development than if the acreage was developed with single family detached urban lots, and three more lots than if the acreage was developed with single family detached traditional lots. This assumes that the applicant utilizes 5,000 s.f. lot sizes, versus the minimum small lot size of 3,730 s.f. One of the goals for residential development, found in the Frederick County Comprehensive Policy Plan, is to "provide MDP #06-03, DOGWOOD LANDING Page 4 September 4, 2003 sufficient land and a diversity of locations for a wide range of suburban housing types."' Historic resources No significant historic resources have been identified on the site. Environment The three parcels which make up the proposed development contain no areas that are defined as environmental features. The soils comprising the parcels are within the Martinsburg shale geologic area, and are within the watershed of Wrights Run. Transportation The site has road frontage along Fairfax Pike (Route 277). Fairfax Pike is an arterial roadway, which is designated for future road improvements by the Frederick County Primary Road Improvement Plan and the Frederick County Eastern Road Plane. Landgrant Lane is located along the western boundary of the proposed development. It is owned by Frederick County and is utilized by the existing residence on the subject site and the adjoining residential property to the west. Comprehensive Policy Plan The subject parcels are within the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The acreage of the proposed development is not part of a small -area land use plan found in the Frederick County Comprehensive Policy Plan. The Comprehensive Policy Plan states that suburban residential development must occur within the UDA. Project Scope: The master development plan for Dogwood Landing consists of 25 single family small lots on 7.65 acres. The acreage is currently divided into three parcels. Two of the parcels are zoned RP, and total 6.4 acres. The eastern parcel of land is 1.25 acres, and is zoned RA. The RA parcel is not proposed to be developed. Instead, the applicant will be exchanging it with Sherando Park for the land comprising Landgrant Lane. Following the land transfer, the applicant proposes to relocate Landgrant Lane so it intersects with the proposed access road, referred to as April Avenue. April Avenue will be built.to VDOT standards, but will be maintained as a private road. Comprehensive Policy Plan, page 6-69 2 Comprehensive Policy Plan, page 7-1 S 9 i MDP #06-03, DOGWOOD LANDING Page 5 September 4, 2003 A total of 2.75 acres (39%) of open space is proposed. 1.68 (22%) acres of the open space will remain in the development after the 1.25 acre parcel is transferred to the park. The Zoning Ordinance requires small lot developments to have at least 30% open space. The applicant has stated that the developer intends to utilize either the street tree option or the ornamental landscaping option of the recently adopted landscaping ordinance. Prior to final administrative approval by staff, the applicant will need to select which of these two options will be utilized and provide details on the final master development plan. In addition to this landscaping, a road efficiency buffer along Fairfax Pike, and a residential separation buffer along the west property line is required. Issues: Analysis of this master development plan application does not reveal any significant problems. However, staff recognizes two concerns which require special consideration. These concerns are as follows: 1) Cul-de-sac length waiver. Since the proposed cul-de-sac road will be privately maintained, the zoning ordinance only allows it to be 500 feet in length. However, the ordinance grants the Planning Commission the authority to grant a waiver to this requirement up to 800 feet in length. The applicant for Dogwood Landing requests a cul-de-sac length of 800 feet. 2) Entrance. The proposed entrance to the site meets all requirements of the zoning ordinance. However, staff would like to point out that the location of the entrance is contingent on the closure of Landgrant Lane. If Landgrant Lane cannot be closed by the applicant, the entrance to the property would have to be relocated towards the center of the parcel. STAFF CONCLUSIONS FOR 09/03/03 PLANNING COMMISSION MEETING: The overall concept of this Master Development Plan is consistent with the Frederick County Comprehensive Policy Plan, and the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. All of the issues identified by staff, as well as, any issues brought forth by the Planning Commission, should be appropriately addressed prior to a recommendation to the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION FOR THE 09/03/03 MEETING: On August 6' the Planning Commission postponed the public meeting for this application until September 3rd, because the meeting was not advertised in the newspaper. MDP #06-03, DOGWOOD LANDING Page 6 September 4, 2003 PLANNING COMMISSION SUMMARY & ACTION FOR THE 09/03/03 MEETING: Mr. Raymond Sandy, an adjoining property owner, spoke at the meeting. He was opposed to the proposed master development plan for numerous reasons, such as, concerns with the high density, the environmental impact to the lake and adjoining wooded areas of the park, the impact to schools, possible vandalism, the impact to park resources, and the questionable conduct of county officials and developers during this process. It was confirmed during the meeting by the applicant that both residents which utilize Landgrant Lane will not lose their access. The applicant stated that Mr. Sandy will be granted a deeded right- of-way to his property which he would be responsible for maintaining. The applicant also stated that they will be constructing -a paved driveway to Mr. Sandy's property, as well as providing a residential separation buffer between the development and his property. The trees planted for this buffer would be in addition to the screen committed to between the park and the development and all trees required in the zoning ordinance for residential developments. The primary concerns of the Planning Commission were regarding the possible relocation of Landgrant Lane and the possible transfer of land between the County (Sherando Park) and the applicant. Staff asserted that the application stands on its own whether or not these possible elements occur or not. In other words, regardless if Landgrant Lane is relocated or if the land swap takes place, the master development plan meets or exceeds the County's requirements. The applicant stated that these elements were put on the plan in an effort to address agency comments, particularly those from the Department of Parks and Recreation. Other concerns were also raised during the meeting. One concern dealt with the fact that no community center is provided on the plan. However, staff pointed out that a community center is not required since the lot sizes are proposed to be 5,000 square feet, or larger. It was also stated that the developer will be required to spend the same amount of money on recreational facilities as any similar development would anywhere in the County. The only difference is that the developer will be providing the money to the Department of Parks and Recreation for improvements that will occur within the park, instead of within the development. A ten (10) foot wide trail will connect the proposed development to the park so future residents could assess these facilities better. Another concern focused on the compatibility of the proposed development to the area. It was discussed that there may be problems with having residences this close to the Park. There were other comments regarding the appropriateness of the proposed density, which is somewhat higher than average for the immediate area. However, several commissioners stated that the density could be significantly higher than proposed. The design of the proposed private road did not present a problem for the Commissioners. It was MDP 906-03, DOGWOOD LANDING Page 7 September 4, 2003 noted that the proposed roundabout provides access for emergency vehicles and road maintenance. Furthermore, although the proposed road will be privately maintained by the future homeowners association, the road will be constructed to VDOT design standards. The Commission recommended approval of the master development plan, including the requested waiver for the 800-foot cul-de-sac length, by a majority vote, as follows: YES (TO APPROVE): Rosenberry, Triplett, Kriz, DeHaven, Light, Morris, Unger, Watt, NO: Straub, Gochenour, Thomas (Please note: Commissioners Fisher and Ours were absent from the meeting.) STAFF COMMENT FOR THE 09/10/03 BOARD MEETING: During the Board of Supervisor's meeting on September 10, 2003, staff will be seeking administrative approval authority. If the Board grants staff with administrative approval authority, staff will see that the concerns raised by the Planning Commission, Board, and all review agencies are addressed appropriately. f Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Department.,,of Parks and -Recreation Mail to: Hand deliver to: Frederick County 107 N. Kent Street Department of Parks and Recreation 2nd Floor 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5678 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with the sheet. Applicant's Name: I G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Dumber: (540)667-2139 Name of development and/or description of the request:. Dogwood Landing. Location of Property: r Adjacent and north of Route 277, 1500 f west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park Department of Parks and Recreation's Comments: See Attached T The Parks and Recreation Commission, at its June meeting, made the following recommendations regarding the proposed Dogwood Landing development: 1. Recommended, if the development is to be approved, the. county accept the proposed donation of 1.25 acres of land contiguous with Park property and adjacent to the eastern boundary of the proposed development. The Commission also recommends that the developer be required to construct a 10' landscaped berm on this land, meeting the approval of the Parks and Recreation Department. 2. Recommends, with the understanding that all right -of -ways convey, the developer be required to acquire the 25' by 929' section of Landgrant Lane that is contiguous with their property and to compensate the county according to the requirements as outlined by the U. S. Department of the Interior, Land and Water Conservation Fund guidelines. 3. The developer has proposed to donate $20,000 to the Parks and Recreation Department in lieu of completing a required recreational unit within the proposed development. In light of the proximity of Dogwood Landing to Sherando Park, the Commission recommended the County accept this offer contingent on the funds being earmarked for capital development within Sherando Park. 4. Recommends that the proposed eight foot path from the development, connecting to the 10' foot bike/pedestrianpath in the Park, be increased to a 10' path and be designed to go around the required berm. COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 May 7, 2003 Mr. Charles Maddox, P.E., VP G. W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Preliminary Review Comments for Dogwood Landing Master Development Plan Property Identification Numbers (PIN's) 86-A-141,142, and 142A Dear Chuck: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Dogwood Landing. Staff s review comments are listed below for,your consideration. Most of our concerns were-discuased in our recent meeting regarding :,. the proposed development. Review C6mments 1) Number of Lots. No more than 25 lots can be located on a cul-de-sac. Please reduce the proposed number of lots from 29 to 25, or change the layout of the proposed development. 2) Entrance Location. Staff encourages moving the proposed entrance to the west, so it lines up with the existing entrance on the opposite side of Fairfax Pike. 3) State Road .Access. The proposed private road is longer than 500' to a state road. The Planning Commission may approve a private cul-de-sacs up to 800' in length. All or a portion of the proposed private drive may need to be changed to a state road. Perhaps one or two private cul-de-sacs branching off of an improved Landgrant Lane (converted to a state road) would be the best solution to this problem, as well as, the comment shown above. An illustration of this design alternative is attached with this letter. This alternative plan could accommodate more lots than the current design plan. 4).: Location of Landgrant Lane Intersection. The proposed intersection/entrance to Landgrant,Larie is less than 150' from Fairfax Pike. In order to conform with the spacing requirements- of the Zoning Ordinance; please move this intersection to a. distance of at- least 150', from Fairfax Pike. 107 North Kent Street • Wincheste' , Virginia 22601-5000 Page 2 ~� Mr. Charles Maddox, P.E., VP, G.W. Clifford & Associates Preliminary Review Comments for Dogwood Landing Preliminary MDP May 7, 2003 5) Remainder of Open Space After Gift Lot. Please state the amount of open space that is proposed minus the gift lot. It appears that this amount would be 1.68 acres. 6) Future Use of Gift Lot. A future parking lot or other similar use may not be appropriate on the gift lot, due to its proximity to the proposed housing. A buffer and/or restrictions on the future use of this parcel would prevent any future incompatibility of uses. 7) Eight -Foot Walk Path and Emergency Access. Please provide language on the plan to the effect that trrc proposed o"Wa'i pat;s/emereney access wi'ii i� t be papa of itidividual'buiiding lots. Furthermore, a landscaping or other type of buffer would reduce potential impacts. 8) Landscaping Plan. Please provide information regarding the type of landscaping that will be utilized with this residential development. A general landscaping plan should be provided with this master development plan.. 9) Existing House. When will the existing house be removed? The house's location is nonconforming with the required front setback. l 10) Underground Utilities. Please provide a statement on the site plan to the effect that all utilities shall be located underground. J 11) Dimensional Requirements. There are several errors with the dimensional requirements shown on the MDP. The minimum setbacks are not 35710725' for small lot developments. The minimum front setback is 20' from private roads and 25' from state roads. The rear yard setback is 15' from the property line. Side yard setbacks depend if you chose the zero lot line option or not. Please make all necessary changes. Y l 12 �,1p creatlonal Units. Please snow the number of recreatiuuai YliilLsLLgriLreu. ai31; �;-gv�cr�'" plan for the type of recreational facility that will be provided. 13) Community Center. If you are proposing lot sizes less than 5,000 square feet, as shown on the provided plan, a community center is required. Please make all necessary changes. 14) , Magisterial District. The proposed development is located within the Opequon Magisterial District, not the Shawnee Magisterial District. Please change as necessary. 15) Street Sign. Please show the location of the proposed street sign(s) on the plan. 16) Agency Comments. Please ensure that the Planning Staff is provided with review comments from all of the following review agencies: the Frederick County Department of - Public Works, Frederick County Department of Building Inspections, Frederick County Page 2 Mr. Charles Maddox, P.E., VP, G.W. Clifford & Associates Preliminary Review Comments for Dogwood Landing Preliminary MDP May 7, 2003 Department of Parks & Recreation, Frederick County Fire Marshal, Frederick County Sanitation Authority, Virginia Department of Transportation (VDOT), and the Frederick County Department of Geographic Information Systems. Please address the above comments and those provided to you from the review agencies. In order to continue the review of this Master Development Plan, you will need to submit the complete MDP application, which includes review agency comments and review fee, to this department. Once this information is received, staff will schedule the application for review by the Planning Commission. The review fee will be $1,882.50 [$1,500/base + $382.50 (7.65 acres @ $50 per acre)]. Please do not hesitate to contact me with questions regarding this application. Sincerely, Jer /my4F7% Planner II JFC/bah Attachment: Alternative Road Design U..UeremylMaster Development PlanslDogwood LandinglPreliminaryReview Comments.ivpd • Alternative Road Design: Dogwood Landing Landgrantl state maintainted U.•UeremylMaster Development Planalbogivood LandinglPreliminary Review Commenfs.wpd Private Road Private Road COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 July 26, 2004 Mr. Ronald A. Mislowsky, Jr., P.E. Vice President G. W. Clifford & Associates, Inc. a division of Patton Harris Rust & Associates, p.c. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Subdivision Plan Comments - Dogwood Landing Frederick County, Virginia Dear Ron: Upon review of the revised subdivision plan dated June 21, 2004, it appears that all of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. Sincerely, c. LL16L k" Joe C. Wilder Deputy Director JCW/rls / cc: Mark Cheran, Zoning and Subdivision Administrator, Planning and Development L' file A:\dogwd1andREVconi.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 86 A 135.E COUNTY OF FREDERICK Line Dr ' $ , �., r es A 141 S 4d 4' . es A 142 86 A 143C a°' f �2 V O 0 C9°A., Q. 11 lit:O ���� COUNTY OF FREDERICK 86 A 143C 27 �5O Q , jrf y bDP # 06 - 03 63 DOGWOOD LANDING PINS: COUNTY OF FREDERICK 86 — A — 141 • 86 A 143 w w 86 A 143 , '� 86 - A - 142, 14 2A il COUNTY OF FREDERICK a 4 4� N N SA1 y04 w 1;. a8h Aqs 72 y s 0 63 0s 0 80 160 Feet FF �: _ _._ - ,T .:: _,:_ . -, -. 86 A 135 _ COUNTY OF FREDERICK Line Dr �3 88 A 141 RP a� �4�A � 88 A 142 e 88 A 143C C1 RP o2 RP QAZT y �COUNTY OF FREDERICK / 86 A 143C � a 27 Cb Q =2'f 63 MDP # 06 - 03 0 DOGWOOD LANDING 86 A 143w� PINS: a COUNTY OF ,H 86 A 143 FREDERICK COUNTY OF FREDERICK 86 — A — 141 � m 86 - A - 142, 142A 0? SP1$+b d� 72 Otiy \ 63 OS W+E s 0 80 160 240 rwt FF pmMmliiw"!n Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title: Dogwood Landing 2. Owner's Name: Martha M. Sandy c/o Martha Madigan 213 Fairfield Drive Winchester, VA 22602 (Please list the names of all owners or parties in interest) 3. Applicant: G.W. Clifford & Associates, Inc. Address: c/o Charles E. Maddox, Jr., P.E. 117 E. Piccadilly St., Winchester, VA 22601 Phone: (540) 667-2139 4. Design Company: G. W. Clifford & Associates, Inc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Contact Name: JUL 1 4 2003 r� i 0 Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: Adjacent and north of Route 277, 1500 f west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park r� 6. Total Acreage: 7. Property Information: a) Property Identification Number (PIN): 86-A-141, 142 & 142A b) Current Zoning: RP c) Present Use: Residential d) Proposed Use: SF — Small Lot e) Adjoining Property Information: Property Identification Property Uses North 86-A-135 Local Government South 86-A-143 Local Government East 86-A-143C Local Government West 86-A-139 Residential f) Magisterial District: 8. Is this an original or amended Master Development Plan? Original X Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master velopment plan application. Signature: Date: 2 • 0 Frederick County, Virginia Master Development Plan Application Packa,e 1. 2 3. APPLICATION MASTER DEVELOPMENT PLAN Project Title: Dogwood Landing Owner's Name: Martha M. Sandy c/o Martha Madigan 213 Fairfield Drive Winchester, VA 22602 (Please list the names of all owners or parties in interest) Applicant: G.W. Clifford & Associates. Inc. Address: c/o 117 E. Piccadilly St., Winchester, VA 22601 Phone: (540) 667-2139 4. Design Company: G. W. Clifford & Associates, Inc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Contact Name: Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: Adjacent and north of Route 277, 1500f west of Intx of Route 277 and White oak Road, adjacent and west of Sherando Park 6. Total Acreage: 7.65 acres 7. Property Information: a) Property Identification Number (PIN) b) Current Zoning: c) Present Use: d) Proposed Use: e) Adjoining Property Information: North South East West Property Identification 86-A-135 86-A-143 86-A-143C 86-A-139 f) Magisterial District: Opequon 86-A 141,142 & 142A RP Residential SF -Small Lot Property Uses Local Government Local Government Local Government Residential S. Is this an original or amended Master Development Plan? Original X Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under singl r common ownership. All required material will be complete or j�l3?ifskn ofMy m, er development plan application. Signature: Date: 2 �J • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Virginia Department of Transportation DECEIVED Mail to: Hand deliver to: NAY 0 5 M Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern pike BY• 14031 Old Valley Pike Winchester, VA 22603 • Edinburg, VA 22824 (540) 535-1818 (540) 984-5600 Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Please attach three (3) copies of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 • Name of development and/or description of the request: Dogwood Landing Location of Property: Adjacent and north of Route 277, 1500 ± west of Intx of Route 277 and White Oak Road, adiacent and west of Sherando Park Virginia Department of Transportation's Comments: The preliminary master plan for this property appears to have a minimal measurable impact on Route 277, the VDE)T facility which would provide access to the propeity. Due to the large volumes of affic on Ro-ta 277 a detailed review of the proposed elltraAC@ o_411 be- required. Before- making y final comments, this office will require a complete set of site plans, drainage calculations and traffic data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off -site roadway improvements and drainage. Prior to construction on the a e s rig -o -way the developer wi need to o MATERIA UPPLIED BY W `+► & TAP MBY F.C_S�0. ! •_�30 2g 25"W EXISTING UNDERGROUND ELECTRIC T gY OTOMAC EDISON POWER CO. MH # OPOvrao -� 30' SEWER hM►N:. ST-�C loH pRppOSED PUMP x EASEIdE147 25 (SEE PUMP STATION SITS pFopoS� r � {�E ,SS►NG PLAN Sk�ET 5 OF 41- _ 1 � fuTuR DETENT10NP S- pEiENTION NOTE, 15 MINIMUM BUFFER FROM ANY PARKING/ROAD o� r ✓ ,/ TO FIELD LIMITS. 90. 3 > • uh� .� - p,DCE�-VF� 1 0 { 2 ANI Y 3BW �� ` 1.IM�S OF V.D. T.ION ST(V/F Opp CONS7i4UCTti 1B .!�12p TATION I% M. s V a AGCE5Sy(ESS 60aE o > f --'W1 P t a" G• S CD /Y�c Ml Fts JACK �I DWG �` •PIPE �� #3 ROB SG ; 4o gENO ,r J V A . 1 . �t CORPORAT ON ST �� r UG� \. / / 4" SW t" 11 t l - / \ K� a _-t M 53 5" 41 SN 1 ED _ 1 O"W4.37' 30 *-A.- PP1NG 11 NN pAR — - i / \' �/ E SSE Y�Op # PROPOSED t2' WALKWA ++► 4- j Y & ACCESS ROAD H #2 - \ .� TR .oho FIELD # ^', / ass A / ry P ..�O 200' RIGHT TURN LANE STRf -�IJND TAPER N/F (PARKS AND RECREATION )NED: RA lie ? 8. O p r •.. � ` � �C.tRIC m` �tio�4 / FIELD 'L��, �✓ v PROPOSED 4" �EWE� ATERAL `m m 1 IEL�, 1 N tpt�EDTC i ,. i ;�:�:� '• co►�c�ss EpUNDERPROPOSE u. �_ o F ,ES BALL gE 1 b :. -�-' AREA ALL FILL CONCESSION BIL T & 7J G&� ALt U LIT �F CANGESS %�� au�0N37s \� CONCRETE'XAD AND HIE SHALL BE C ACTED TO 99% 2S FT. OPTIMUM MOISTURE P TAX Mf RECEIVED MAY - 1 2003 • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederic County Fire Marshal I s' Floor Attn: Fire Marshal 107 N. Kent St. 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-6350 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 • Name of development and/or description of the request: Dogwood Landing Location of Property: Adjacent and north of Route 277, 1500 f west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park Fire Marshal's Comments: • 15 U Control number MDP03-0005 Project Name April Avenue at Sherando Park Address 117 E.Piccadilly Street Type Application Master Development Current Zoning RP Automatic Sprinkler System No Other recommendation • Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 5/1 /2003 City Winchester Tax ID Number 86-A-141,142,14 Date reviewed 5/6/2003 Applicant G.W.Clifford & Associates State Zip VA 22601 Fire District 11 Recommendations Automatic Fire Alarm System No Date Revised Applicant Phone 540-667-2139 Rescue District 11 Election District Shawnee Residential Sprinkler System Yes Requirements • Emergency Vehicle Access Hydrant Location Fire Lane Required Adequate Not Identified Yes Siamese Location Roadway/Aisleway Width Special Hazards Not Identified Adequate No Emergency Vehicle Access Comments Fire hydrants shall be located within 400 feet of all single family detached dwelling, per Frederick County Code. All fire hydrants shall be set within 3 feet of the curb. Access Comments Additional Comments Plan Approval Recommended Reviewed By Signature • Yes Timothy L. Welsh Title 1 \ , S�Al— • • 0 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick -Winchester Service Authority Mail to: Frederick -Winchester Service Auth. Attn: Sanitation Engineer 107 N. Kent St. Winchester, VA 22601 (540) 722-3579 Hand deliver to: 1 st Floor 107 N. Kent Street Winchester, VA (540) 722-3579 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Dogwood Landing Location of Property: Adjacent and north of Route 277, 1500 f west of Intx of Route 277 and White Oak Road, adiacent and west of Sherando Park Frederick -Winchester Service Authority Comments: no corame�5 18 i r • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Sanitation Authority FP W. MAY 2 2003 Mail to: Hand deliver to: 14 Frederick County Sanitation Authority 315 Tasker Road Attn: Engineer Stephens City, VA P.O. Box 1877 (540) 868-1061 Winchester, VA 22604 Please fill out the information as accurately as possible in order to assist the Frederick County Sanitation Authority with their review. Please attach two (2) copies of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: • Dogwood Landing Location of Property: Adjacent and north of Route 277, 1500 ± west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park 0 Frederick County Sanitation Authority's Comment: 157 R,,� To 47-7-1 L vc�c,T�,04- 12 0 • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Inspections Department Mail to: Hand deliver to: Frederick Co. Inspections Department 7 Floor Attn: Building Official 107 N. Kent St. 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5650 Please fill out the information as accurately as possible in order to assist the Inspections Department with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadillv Street Winchester, VA 22601 Phone Number: (540)667-2139 • Name of development and/or description of the request: Dogwood Landing • Location of Property: Adjacent and north of Route 277, 1500 ± west of Intx of Route 277 and White Oak Road, adiacent and west of Sherando Park Frederick County Inspections Department Comments: ue 1 VED 2003 COUNTY INSPECTIONS 13 gy4a L1 S F 0 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 N. Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Hand deliver to: 2 Floor, Suite 200 107 N. Kent Street Winchester, VA (540) 722-3480 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Dogwood Landing Location of Property: Adjacent and north of Route 277, 1500 f west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park Frederick County - Winchester Health Department's Comments: S to, AS awah"g,S L�,k, i i.:+(, T 1- C S ZI, JL c.— — G cA H c . t . (1 , c. — d 1 -tc._ eIC 17 • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Department of Public Works Mail to: Hand deliver to: Frederick County 4 Floor Department of Public Works 107 N. Kent St. 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5643 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach three (3) copies of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 • Name of development and/or description of the request: Dogwood Landing • Location of Property: Adjacent and north of Route 277, 1500 ± west of Intx of Route 277 and White Oak Road, adiacent and west of Sherando Park Department of Public Works Comments: RECEIVED p p =I fyr,n�-k 621 Y 01 2003 ✓�c;l v' � Z J r'^' $ v �� � i w� w� `� - d -i - I '� �IulJl`dV'` -ry"t, ; 3) i S S✓� s Ct� re F"RE"D'ERICK COUNTY S h*�`` Lii�sk t (L+lr1 CJI ORK & INSPECTIONS -hit* S✓hd 131— ACi 14 CJ • • • RECEIVED MAY 01 2003 - -- - �,: couN�r rlfi,hi�iN- r iyEVELOPMENT Request for Master Development Plan Comments Department of GIS (Geographic Information Systems) Mail to: Hand deliver to: Department of GIS, Attn: GIS Manager Department of GIS 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 (540) 665-5651 (540) 665-5651 The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Dogwood Landing Location of Property: Adjacent and north of Route 277, 1500 ± west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park GIS Manager Comments: AP2-1L 1541C/UaE /s fiPP2oyE�. /�0.4� �l/'alYl�' /S �SE.2�E� ST/2G�GTu2� i(JCIHI�F�S �li�L ,dam �-��IJEA GGQ61,2 .SmAGL ZQr- -Vad.�VciSlyzl E O�Q//7� B2 ci �O/1 i2Ef clESt� 1V • Frederick County, Virginia Master Development Plan Application Package • Request for Master Development Plan Comments Frederick County Department of Parks and Recreation Mail to: Hand deliver to: Frederick County 107 N. Kent Street Department of Parks and Recreation 2°a Floor 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5678 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with the sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Dogwood Landing Location of Property. - Adjacent and north of Route 277, 1500 f west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park Department of Parks and Recreation's Comments: See Attached UM 0 • The Parks and Recreation Commission, at its June meeting, made the following recommendations regarding the proposed Dogwood Landing development: Recommended, if the development is to be approved, the county accept the proposed donation of 1.25 acres of land contiguous with Park property and adjacent to the eastern boundary of the proposed development. The Commission also recommends that the developer be required to construct a 10' landscaped berm on this land, meeting the approval of the Parks and Recreation Department. 2. Recommends, with the understanding that all right -of -ways convey, the developer be required to acquire the 25' by 929' section of Landgrant Lane that is contiguous with their property and to compensate the county according to the requirements as outlined by the U. S. Department of the Interior, Land and Water Conservation Fund guidelines. 3. The developer has proposed to donate $20,000 to the Parks and Recreation Department in lieu of completing a required recreational unit within the proposed development. In light of the proximity of Dogwood Landing to Sherando Park, the Commission recommended the County accept this offer contingent on the funds being earmarked for capital development within Sherando Park. 4. Recommends that the proposed eight foot path from the development, connecting to the 10' foot bike/pedestrian path in the Park, be increased to a 10' path and be designed to go • around the required berm. • • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport 491 Airport Road Attn: Executive Director (Route 645, off of Route 522 South) 491 Airport Road (540) 662-2422 Winchester, VA 22602 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadillv Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: isDogwood Landing Location of Property: Adiacent and north of Route 277. 1500 f west of Intx of Route 277 and White Oak adiacent and west of Sherando Park Winchester Regional Airport Comments.- 0 19 o WINCHESTER REGIONAL AIRPORT SERVING THE 491 AIRPORT ROAD rOFOFVIRGINIA WINCHESTER, VIRGINIA 22602 (540) 662 2422 June 10, 2003 Charles E. Maddox G. W. Clifford & Associates, Inc. 117 East Piccadilly Street Winchester, Virginia 22601 Re: Master Development Plan Comments Dogwood Landing Shawnee Magisterial District Dear Mr. Maddox: - The above referenced proposal has been reviewed and it appears that the proposed master development plan should not have an impact on operations at the Winchester Regional Airport. • Thank you for your cooperation and consideration in continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director 40 • • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Public Schools Mail to: Hand deliver to: Frederick County Public Schools 1415 Amherst Street Attn: School Superintendent Winchester, VA 22601 1415 Amherst Street (540) 662-3888 Winchester, VA 22601 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: • Dogwood Landing Location of Property: Adjacent and north of Route 277, 1500 ± west of Intx of Route 277 and White Oak Road, adiacent and west of Sherando Park School Superintendent's Comments: '4 0 aailllixe% 'rel 21 • gilbert w clifford & associates, inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 540-667-2139 Fax:540-665-0493 e-mail: gwearam@earthlink. net To: Frederick 107 N. Kent Street Winchester, VA 22601 We are sending you x0 Hand Delivered Shop Drawings Copy of Letter Attached ❑ Change Order 0 Prints Plats • LETTER OF TRANSMITTAL Present Date Job No. 6-20-03 Attention: Jeremy Cam Re: Doewood Landine PMDP Under Separate via Samples Plans the following items Specifications Other Copies Date Description 42 Dogwood Landing PMDP 1 Application 1 CD 1 Agency Comments 1 Application Fee — &o 2 x� Are Transmitted 0 For Approval 0 For Your Use As Requested 0 For Review or Comment For Bids Due Remarks Copy To: T.W. Grove 0 Approved/Submitted Resubmit for Approval Approved/As Noted 0 Submit for Distribution 0 Return/Corrections F—] Returned Corrected Prints 0 Approval/Signature a Loan Print/Return Return/with Signatures 20 Signed Tom Price JUN -L 4 Z003 FIAIJivGvc• i - --- Rev 3.0 3/10/97 • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 May 7, 2003 Mr. Charles Maddox, P.E., VP G. W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Preliminary Review Comments for Dogwood Landing Master Development Plan Property Identification Numbers (PIN's) 86-A-141,142, and 142A Dear Chuck: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Dogwood Landing. Staff s review comments are listed below for your consideration: Most of our concerns were discussed in our recent meeting regarding • the proposed' development. Review Comments 1) Number of Lots. No more than 25 lots can be located on a cul-de-sac. Please reduce the proposed number of lots from 29 to 25, or change the layout of the proposed development. 2) Entrance Location. Staff encourages moving the proposed entrance to the west, so it lines up with the existing entrance on the opposite side of Fairfax Pike. 3) State Road Access. The proposed private road is longer than 500' to a state road. The Planning Commission may approve a private cul-de-sacs up to 800' in length. All or a portion of the proposed private drive may need to be changed to a state road. Perhaps one or two private cul-de-sacs branching off of an improved Landgrant Lane (converted to a state road) would be the best solution to this problem, as well as, the comment shown above. An illustration of this design alternative is attached with this letter. This alternative plan could accommodate more lots than the current design plan. 4):1 1Location, of Landgrant Lane Intersection. The proposed intersection/entrance to Landgrant Lane is less than 150' from Fairfax Pike. In order to conform with the spacing • requirements_ of the Zoning Ordinance; please move this intersection to a distance of at least 150" from Fairfax. Pike. 107 North Kent Street • Winchester, Virginia 22601-5000 0 r. • Page 2 Mr. Charles Maddox, P.E., VP, G.W. Clifford* Associates Preliminary Review Comments for Dogwood Landing Preliminary MDP May 7, 2003 5) Remainder of Open Space After Gift Lot. Please state the amount of open space that is proposed minus the gift lot. It appears that this amount would be 1.68 acres. 6) Future Use of Gift Lot. A future parking lot or other similar use may not be appropriate on the gift lot, due to its proximity to the proposed housing. A buffer and/or restrictions on the future use of this parcel would prevent any future incompatibility of uses. 7) Eight-Foot.Walk Path and Emergency Access. Please provide language on the plan.to the effect that the proposed 8' —w aik patli/erriergeiicy access will not be part ofiridividual building lots. Furthermore, a landscaping or other type of buffer would reduce potential impacts. 8) Landscaping Plan. Please provide information regarding the type of landscaping that will be utilized with this residential development. A general landscaping plan should be provided with this master development plan. 9) Existing House. When will the existing house be removed? The house's location is nonconforming with the required front setback. • 10) Underground Utilities. Please provide a statement on the site plan to the effect that all utilities shall be located underground. 11) Dimensional Requirements. There are several errors with the dimensional requirements shown on the MDP. The minimum setbacks are not 35710725' for small lot developments. The minimum front setback is 20' from private roads and 25' from state roads. The rear yard setback is 15' from the property line. Side yard setbacks depend if you chose the zero lot line option or not. Please make all necessary changes. 12) Recreational Units. Please snow Clio number of recreational unibszcquaied an a biilGi'ui plan for the type of recreational facility that will be provided. 13) Community Center. If you are proposing lot sizes less than 5,000 square feet, as shown on the provided plan, a community center is required. Please make all necessary changes. 14) . Magisterial District. The proposed development is located within the Opequon Magisterial District, not the Shawnee Magisterial District. Please change as necessary. 15) Street Sign. Please show the location of the proposed street sign(s) on the plan. • 16) Agency Comments. Please ensure that the Planning Staff is provided with review comments from all of the following review agencies: the Frederick County Department of Public Works, Frederick County Department of Building Inspections, Frederick County • Page 2 Mr. Charles Maddox, P.E., VP, G.W. Clifford & Associates Preliminary Review Comments for Dogwood Landing Preliminary MDP May 7, 2003 0 • Department of Parks & Recreation, Frederick County Fire Marshal, Frederick County Sanitation Authority, Virginia Department of Transportation (VDOT), and the Frederick County Department of Geographic Information Systems. Please address the above comments and those provided to you from the review agencies. In order to continue the review of this Master Development Plan, you will need to submit the complete MDP application, which includes review agency comments and review fee, to this department. Once this information is received, staff will schedule the application for review by the Planning Commission. The review fee will be $1,882.50 [$1,500/base + $382.50 (7.65 acres @ $50 per acre)]. Please do not hesitate to contact me with questions regarding this application. Sincerely, Jer /myF. Camp Planner II JFC/bah Attachment: Alternative Road Design U. UeremyWaster Development PlnnsIDogivood LmndinglPrelimBrary Review Comments.wod • LandgrantI ( state • maintainted • Alternative Road Design: Dogwood Landing U• UeremyWaster Development PlmisIDogivood LmidingIPreliminnryRevioty Commems.wpd Private Road Private Road COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING July 23, 2003 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #06-03 OF DOGWOOD LANDING On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, August 6, 2003 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider the Master Development Plan for Dogwood Landing, submitted by G. W. Clifford & Associates, Inc., for 25 single-family detached small lots. The property is located adjacent and north of Route 277, 1500 +/- feet west of the Intersection of Route 277 and White Oak Road, adjacent and west of Sherando Park, and is identified with Property Identification Numbers 86-A-141, 86-A-142, and 86-A-142A, in the Opequon Magisterial District. Any interested parties may attend this meeting: A copy of the application will be available for review at the Handley Library and the Bowman Library approximately one week before of the meeting, or at the'Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Jeremy F. Camp Planner II JFC/bad O:Wgendm\Adjoiner Ltrs\2003\MDP\Dogwood Landingmpd 107 North Kent Street • Winchester, Virginia 22601-5000 Thi is to certify that the attached correspondence was mailed to the following on Q 0 < from the Department of Planning and Development, Frederick C nty, V ginia: 86 A- - 143- COUNTY OF FREDERICK 9 COURT SO # 601 WINCHESTER, VA. 22601.4736 86 -A. -139- SANDY, RAYMOND C. 145 LANDGRANT LN STEPHENS CITY,VA 22655-3246 86 -A- -141- 2CIO MARTHA 13 F IRF ELD DR GAN l� V) 0� ��✓ WINCHESTER, VA 22602.6838 Gilbert W. Clifford & Assoc., Inc. Attn: Icon Mislowsky 117 E. Piccadilly Street, Suite 200 Winchester- VA-- 22601.. _ _. JerO y F. Camp, Planner II Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERI rK �k-.) , a Notary Public in and for the State and County aforesaid, do lreby certify that Jeri y F. Camp, Planner II for t Department of Planning and Develo ment, whose name is signed to the foregoing, dated'L L .` . ���� ,has r personally appeared before me and acknowledged the same in m jj§tate d County aforesaid. Given under my hand this i day of ,41 r f� My commission expires on�'"' S � V NOTARY PULIC v T,i.? CO1. F � L E C UP' V COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 June 24, 2003 Mr. Charles Maddox, P.E., VP G. W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Application of Dogwood Landing Master Development Plan (MDP) Property Identification Numbers (PIN's) 86-A-141, 142, and 142A Dear Chuck: Staff is in receipt of your application for the above -referenced MDP, received June 20, 2003. Unfortunately, staff is unable to accept this application until the following issues are resolved. 1) Number of Lots. Your request for a waiver of the number of lots per a culs-de-sac is inappropriate because the subdivision ordinance does not permit waivers of this type. Precisely, Section 144-17 G (1) states that "in no case shall the street serve more than 25 lots." The "street" refers to all culs-de- sacs. Please note that variations or exceptions to the provisions of the subdivision ordinance may be granted by the Board of Supervisors in a process separate from the review of a master development plan. 2) Waiver Requests. Approval by the Planning Commission of the following waivers is required: a) Waiver to Section 165-29 A. (4), Motor vehicle access. This section requires all new driveways to be spaced at least 150 feet from arterial highways with a speed limit of 35 mph or less (200 feet if over 35 mph). Section 165-29. B., Alternate methods, allows the Planning Commission to waive this requirement, if determined appropriate. b) Waiver to Section 144-24 C. (2) (b), Lot requirements. This section requires all lots which are accessed by a private road to be at least 500 feet from a state maintained road. The same section also gives the Planning Commission the ability to allow lots to be located as close as 800 feet from a state -maintained road in cases where enhanced circulation is provided with a driveway loop. Please formally request these waivers during the application process or modify the layout of the proposed development to eliminate the need for these waivers. 3) Modification of Landgrant Lane/Adjoining Property Access. Please either provide a written agreement with the adjoining property owner to modify Landgrant Lane or provide an explanation of your legal rights to modify Landgrant Lane without the adjoining property owner's consent. Comments from the County Attorney are appropriate. 107 North Kent Street - Winchester, Virginia 22601-5000 I Page 2 Mr. Charles Maddox, P.E., VP Re: Application of Dogwood Landing MDP June 24, 2003 4) Landscaping Option. Please provide general details regarding the type of landscaping that will be provided for this residential development. The landscaping must meet the requirements of the recently adopted landscaping ordinance, Section 165-36, of the Frederick County Zoning Ordinance. 5) Alternate Road Layout. As previously expressed in our preliminary review letter, dated May 7, 2003, staff encourages the use of the following road layout for this development. This proposed layout would eliminate the need for any waivers and could potentially allow more than 25 lots. Alternative Road Layout: Dogwood Landing LandgrantL ( state maintainted Private Road Private Road When each of the above issues are adequately addressed, staff will be able to accept the subject application and schedule the next available meeting with the Planning Commission. The check you provided to staff on June 23`d is being returned to you with this letter. This fee will need to be resubmitted when the application is ready for acceptance. Please feel free to contact me if I can be of any assistance. Sincerely, Jeremy F. Camp - Planner II JFChsa Attachment U: UeremylMaster Development PlanslDogwood LandingUpplicationReturn.wpd Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Winchester.Regional Airport Mail to Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 Hand deliver to: 491 Airport Road (Route 645, off of Route 522 South) (540) 662-2422 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Dogwood -Landing Location of Property: Adjacent and north of Route 277, 1500 f west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park Winchester Regional Airport Comments: 19 REG1oNq SERVING THE TOP OF VIRGINIA. / WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 June 10, 2003 Charles E. Maddox G. W. Clifford & Associates, Inc. 117 East Piccadilly Street Winchester, Virginia 22601 Re: Master Development Plan Comments Dogwood Landing Shawnee Magisterial District i Dear Mr. Maddox: The above referenced proposal has been reviewed and it appears that the proposed master development plan should not have an impact on operations at the Winchester Regional Airport. Thank you for your cooperation and consideration in continuing safe* operations J of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director ) 0 • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5600 RE3iE)1) Hand deliver to: INI.MRV 0 3 Virginia Department of Transportation 2275 Northwestern pike BY: 8 Winchester, VA 22603 (540) 535-1818 Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Please attach three (3) copies of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: DogwoodLanding Location of Property: Adjacent and north of Route 277, 1500 f west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park Virginia Department of Transportation's Comments: The preliminary master plan for this property appears to have a minimal measurable impact on Route of -traffic on Route 27�Z a detailed r-�4io%q of the- proposed entrapce �.Aiill be required. Before PA-akiAg a y final comments this office will require a complete set of sit plans, draioage calculaticos and traffic data from the I.T.E. Trip Generation Manual Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off -site roadway improvemen an rainage. rior o cons ru ion on e a e s ngI o -way e eve oper wi need to Ire, I LUU0 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Fire Marshal . Mail to: Hand deliver to: Frederic County Fire Marshal I"Floor Attn: Fire Marshal 107 N. Kent St. 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-6350 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Dogwood.Landing Location of Property: Adjacent and north of Route 277, 1500 ± west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park Fire Marshal's Comments: 15 - � c a ti UYTiG TN TA Control number M DP03-0005 Project Name April Avenue at Sherando Park Address 117 E.Piccadilly Street Type Application Master Development Current Zoning RP Automatic Sprinkler System No Other recommendation Frederick County Fite and ObIscue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed Date Revised 5/1 /2003 5/6/2003 Applicant G.W.Clifford & Associates City State Zip Applicant Phone Winchester VA 22601 540-667-2139 Tax ID Number Fire District Rescue District 86-A-141,142,14 11 11 Recommendations Automatic Fire Alarm System No Requirements Election District Shawnee Residential Sprinkler System Yes Emergency Vehicle Access Hydrant Location Fire Lane Required Adequate Not Identified Yes Siamese Location Roadway/Aisleway Width Special Hazards Not Identified Adequate No Emergency Vehicle Access Comments Fire hydrants shall be iccated within 400 feet of all single family detached dwelling, per Frederick County Code. All fire hydrants shall be set within 3 feet of the curb. Access Comments Additional Comments 4 Plan Approval Recommended Reviewed By Signature 0 Yes Timothy L. Welsh Title 1 Gv�� \� • Frederick County, Virginia Master Development Plan Application Package 1 Request for Master Development Plan Comments FCSA Frederick County Sanitation Authority MAY 2 2003 Mail to: Hand deliver to: N Frederick County Sanitation Authority 315 Tasker Road u Attn: Engineer Stephens City, VA P.O. Box 1877 (540) 868-1061 Winchester, VA 22604 Please fill out the information as accurately as possible in order to assist the Frederick County Sanitation Authority with their review. Please attach two (2) copies of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Dogwood Landing Location of Property: Adjacent and north of Route 277, 1500 f west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park Frederick County Sanitation Authority's Comment: 157 ,E154F4To ®�' 12 0 • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick -Winchester Service Authority Mail to: Frederick -Winchester Service Auth. Attn: Sanitation Engineer 107 N. Kent St. Winchester, VA 22601 (540) 722-3579 Hand deliver to: 1 st Floor 107 N. Kent Street Winchester, VA (540) 722-3579 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Dogwood Landing Location of Property: Adjacent and north of Route 277, 1500 ± west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park Frederick -Winchester Service Authority Comments: no corarwA5nng(DIEDVE - 12U U3 18 D 0 • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Inspections Department Mail to: Hand deliver to: Frederick Co. Inspections Department 4 thFloor Attn: Building Official 107 N. Kent St. 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5650 Please fill out the information as accurately as possible in order to assist the Inspections Department with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Dogwood Landing Location of Property: Adjacent and north of Route 277, 1500 f west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park Frederick County InsVp!ov" ns Department Comments: e�ri h �t ib!'1 r /S pe, Gt C)iVe- O_Pi-z&y-e 1VED r /y D MAY COUNTY INSPECTIONS 13 �I_/qaci �t Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer I07 N. Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Hand deliver to: Z— Floor, Suite 200 107 N. Kent Street Winchester, VA (540) 722-3480 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Dogwood Landing Location of Property: Adjacent and north of Route 277, 1500 ± west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park Frederick County - Winchester Health Department's Comments: !'t S 1, _ F=, 0. S CZt( OtW L(k,5 S G%.. �e• kc c/( _ +C_ +4 ee� f— C S Jam" _.. S,-,.— a... -�- %.,, Ct � � G c/Il (.. r . o .. ..1 _ _ . 17 . S� -tom e,� SEA• �� st b�.=4 YL aL. exrsr �� �L e. tr 17 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Department of Public. Works Mail to: Hand deliver to: Frederick County 4 Floor Department of Public Works 107 N. Kent St. 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5643 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach three (3) copies of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Dogwood Landing Location of Property: Adjacent and north of Route 277, 1500 f west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park Department of Public Works Comments: ,)(-Iba(4af I-gA-` 14 - RECEIVED 01 2093 ICOU Y & INSPECTIONS i • ECEI T " `I pis cn-.-� n x E F y �d' 4,,1 0 i 2003 pL' NP31?ge. & ,!- OP'�SE1, s Request for Master Development Plan Comments Department of GIS (Geographic Information Systems) Mail to: Hand deliver to: Department of GIS, Attn: GIS Manager Department of GIS 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 (540) 665-5651 (540) 665-5651 The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadillv Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Dogwood Landing Location of Property: Adjacent and north of Route 277, 1500 ± west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park GIS Manager Comments: Apla,z. Aygiuu , is itl�i�-ice /S �SF2uEJ. �rrnu�Tir2 . rfJu��3 G>,« ,d i4ss,�iv�o iu Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Public Schools Mail to: Hand deliver to: Frederick County Public Schools 1415 Amherst Street Attn: School Superintendent Winchester, VA 22601 1415 Amherst Street (540) 662-3888 Winchester, VA 22601 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: G. W. Clifford & Associates, Inc. Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Dopawood Landing Location of Property: Adjacent and north of Route 277, 1500 ± west of Intx of Route 277 and White Oak Road, adjacent and west of Sherando Park School Superintendent's Comments: / r 21 0 0 gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality 14 July 2003 Mr. Jeremy F. Camp Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 RE: Dogwood Landing MDP Dear Jeremy, Thank you for your letter dated June 24, 2003 regarding comments on our MDP submission. Board of Directors! President: Thomas I O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A. Mislowsky, P.E. David I Saunders, P.E. Directors: William L. Wright Michael A. Hammer Thomas W. Price Please be advised that we are hereby resubmitting the subject application with answers provided pursuant to the numbers of your letter comments: (1) We have agreed to limit the number of lots to 25 by the MDP submitted, which will address this issue. (2)a The Frederick County Parks and Recreation Board has voted to abandon the 25' strip of land they and own which includes the Landgrant Lane roadway. We have agreed to exchange the 70' parcel (PIN (3) 86-A-141) for the Landgrant Lane parcel. We have also agreed to relocate Landgrant Lane to our new entrance and provide an easement and right of way to users of the Landgrant Lane right of way which includes paving a portion of Landgrant Lane up to the Raymond Sandy driveway entrance (as shown on plan). We can develop this site with a 30' commercial entrance pursuant to VDOT requirements (entrance at point A) and still maintain 200' separation between entrances as required by Frederick County ordinance. We desire to continue with review of our MDP as shown since the Parks Board feels that elimination of the direct and ungated connection into the Sherando Park is in the best interest of security and that the entrance shown at point B provides 325' separation from the Shenandoah Park entrance in lieu of the 200'. We have also agreed to structure the legal dedication document to set aside the potential for extension of this entrance into the Raymond Sandy land which is also zoned RP and may be developed in the future, in which case sharing'the common entrance could eliminate a future road connection on Route 277 for the Sandy use. (2)b A request is hereby made to allow the private road to extend the required 800', since emergency access has been provided as approved by the Parks Board. This request is indicated by note on the MDP. 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net MemberAmerican Consulting Engineers Council gilbert w. clifford and associates, inc Page 2 (4) Each "small" lot is subject to a category H landscaping package which requires 15 shrubs and 5 ornamental trees per lot. This equates to 375 shrubs and 125 trees. The landscaped berm serving as separation from Sherando Park will have 100 trees (1 per 10') with the remaining 25 trees planted on lots. A 180' road efficiency buffer is to be located along the frontage of the site and a landscape screen is required along the west rear lot lines providing a 30' inactive and 20' active buffer with the single family detached traditional use to the west. (5) We have attempted to address the future planning issues in another way and limited development to 25 lots. I trust this is acceptable and look forward to meeting with the Commission. Sincerely yours, gilbert w. clifford & associates, inc. C. E. Maddox, Jr., P.E., Vice President CEM/.kf Enclosure cc: Mr. T. W. Grove a� w©DcC 4 alv"4 c% t4-C o,'AreF5 86 A Rcyovwc1 C . Sevd -� NO_ Wim u4m_f,� A/� �q e&LC� --- �� EA ce ttiu. Ste_. TO: Barbara - Data Processing FROM: Da;roHW f - Planning Dept. 45 V Please print cR sets of labels 4 /o fl gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality 14 August 2003 Mr. Jeremy Camp Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 RE: Dogwood Landing Dear Jeremy, Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: William L. Wright Michael A. Hammer Thomas W. Price Thank you for our meeting on Tuesday, August 12 with Jim Doran. Attached you will find 25 copies of our revised Master Development Plan. We have revised the preliminary MDP to reflect our moving the entrance on Route 277 to meet the spacing requirements of the County. We have also added a street tree buffer along the road efficiency buffer and added a note to explain the land exchange that may take place in the future pending a future approval by the local, state and federal agencies. We are in agreement that the Master Development Plan approval and subdivision does not depend on the success of this recommendation made by the Parks Board. We are simply acknowledging the applicants intent to perform the exchange, should the approvals be received. We also show our intent to construct a connection to Landgrant Lane to provide alternate access to Route 277 should the existing Landgrant Lane connection to Route 277 be closed in the future. I believe these changes address current concerns and look forward to our hearing at the Planning Commission on September 3. Sincerely yours, gilbert w. clifford & associa C. E. Maddox, Jr., P.E., ice res: CEM/ld Enclosure cc: Mr. Jim Doran Mr. Lloyd Ingram Mr. T. W. Grove inc. 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net Member American Consulting Engineers Council O 7)wvpce aNa��c/ 14�1 c9``u 'Gp 1 � � S lK7P A?K R/I ffb -A - /Y3 SG -A- /39 4,-A • t35 IeI9 6ec�1 Go►- Rr /?IA "cad Cyov r PA- LoLa,I 6vv y Royovc1 C • S,wd ft K Rf/� lil 4 117 ,�7- 6T . VVIAJa-ti V �L _�_ 6 Lo 1! TO: Barbara - Data Processing FROM: GaroHlt fg- Planning Dept..dr V Please print o sets of label S 3 HANKSIII N E S REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, V RGINIA -11 GIS, MAPPING, GRAPHICS W®RK REQU EST t DATE RECEIVED: / to 03 REQUESTED COMPLETION DATE: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) DIGITAL: PAPER: FAX: E-" SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NON Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 27, 2003 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #06-03 OF DOGWOOD LANDING On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, September 10, 2003 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider the Master Development Plan for Dogwood Landing, submitted by G. W. Clifford & Associates, Inc., for 25 single-family detached small lots. The property is located adjacent and north of Route 277, 1500 +/- feet west of the Intersection of Route 277 and White Oak Road, adjacent and west of Sherando Park, and is identified with Property Identification Numbers 86-A-141, 86-A-142, and 86-A-142A, in the Opequon Magisterial District. Any interested parties may attend this meeting. Please note that this application is scheduled as a public meeting. As such, anyone wishing to speak concerning this application must do so during the citizen comment portion of the agenda, which occurs at the start of each Board of Supervisors meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library approximately one week before of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, (2c � Jeremy F. Camp Planner II JFC/bad O:Wgendas\Adjoiner Ltrs\2003\MDP\Dogwood LandingBOS.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 ThiG is to certify, that the attached correspondence was mailed to the following on (Da from the Department of Planning and Development, Frederick Coouu ty, irgi 86 -A- -143 -- COUNTY OF FREDERICK 9 COURT SQ # 601 WINCHESTER, VA. 22601.4736� 86 - A- -139- SANDY, RAYMOND C. 145 LANDGRANT LN STEPHENS CITY,VA 86 A• 141- — — SANDY, MARTHA M CIO MARTHA MADIGAN 213 FAIRFIELD DR i i 22655.3246 i WINCHESTER, VA 22602.6838 YY 111V11\/J l�il, Y 1 1--L V 1 -- --'- Gilbert W. Clifford & Assoc., Inc. 11 Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 SV;nnhactar .ALA 171Q)t_ qa1A&-j.Q , Je�iny F. Camp, Planner II I�r/derick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do h eby certify that J my F. Camp, Planner II for the Depart nt of Planning and Development, whose name is signed to the foregoing, dated 3 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this eK' (2 day of My commission expires on M NOTARY PU IC COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING August 20, 2003 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #06-03 OF DOGWOOD LANDING On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, September 3, 2003 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider the Master Development Plan for Dogwood Landing, submitted by G. W. Clifford & Associates, Inc., for 25 single-family detached small lots. The property is located adjacent and north of Route 277,1500 +/- feet west of the Intersection of Route 277 and White Oak Road, adjacent and west of Sherando Park, and is identified with Property Identification Numbers 86-A-141, 86-A-142, and 86-A-142A, in the Opequon Magisterial District. Any interested parties may attend this meeting. Please note that this application is scheduled as a public meeting. As such, anyone wishing to speak concerning this application must do so during the citizen comment portion of the agenda, which occurs at the start of each Planning Commission meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library approximately one week before of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, 647n- Jeremy F. Camp Planner II JFC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK ,a1E US. PCYZf,A0(z Department of Planning & Development 107 North Kent Street ANN 03 0 C0.3 7 Winchester, Virginia 22601 co uj C=) C=3 C-j Lwu 86 A- 143. Lu �'w Zj COUNTY OF FREDERICK 9 COURT SO # 601 WINCHESTER,VA. 22601-4736 N I.% I E 3-IL14 1 36 08..,. 2a.1 03 RE7URN TO SENDER NOT D,5L1',/ERASLE AS ADDRESSED UNABLE TO FORWARD .�;f, • u COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 20, 2003 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #06-03 OF DOGWOOD LANDING On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, September 3, 2003 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider the Master Development Plan for Dogwood Landing, submitted by G. W. Clifford & Associates, Inc., for 25 single-family detached small lots. The property is located adjacent and north of Route 277, 1500 +/- feet west of the Intersection of Route 277 and White Oak Road, adjacent and west of Sherando Park, and is identified with Property Identification Numbers 86-A-141, 86-A-142, and 86-A-142A, in the Opequon Magisterial District. Any interested parties may attend this meeting. Please note that this application is scheduled as a public meeting. As such, anyone wishing to speak concerning this application must do so during the citizen comment portion of the agenda, which occurs at the start of each Planning Commission meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library approximately one week before of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, /� Jeremy F. ?amip Planner II JFC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 { T ' is to certify that the attached correspondence was mailed to the following on © k7f) from the Department of Planning and Development, Frederick Coun �, Virginia: COUNTY OFFREDERICK j 9 COURT SO # 601 WINCHESTER, VA. 22601.4736 86 - A- - 139- SANDY, RAYMOND C. I 145 LANDGRANT LN STEPHENS CITY,VA 22655.3246 ,I 86 -A- -141- SANDY, MARTHA M CIO MARTHA MADIGAN 213 FAIRFIELD DR WINCHESTER, VA 22602.6838 p [v lu E4101- Gilbert W. Cliffor d 117 E. Piccadilly Street, 11T.*--L-,+o« AIA 7otini_ soc., Inc. Suite 200 ce- -- emy F. Camp, Planner I Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDE CK , I , a Notary Public in and for the State and County aforesaid, do reby certify that Je6ky F. Camp, Planner II for t1M Department of Planning and Development, whose name is signed to the foregoing, dated 0 ® , has personally appeared before me and acknowledged the same in my StatUand County aforesaid. Given under my hand this My commission expires of