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07-17 Freedom Manor PIN 64-A-19, 20, 23 81 SFD and SFA Shawnee - Backfile
DATE RECEIPT 483239 RECEIVED FROMod� ADDRESS /G dC aou54,n,� ..mod /li%1� �' �r e— X'�'-'�LIOLLARS ACCOUNT HOW PAID BEGINNING CASH BALANCE AMOUNT r; D CHECKPAID Q BALANCE MONEY ORDER BY-- DUE ©2001 ' S16i�-Ci DATE It IT RECEIVED FROM ADDRESS 42( FOR l• ACCOUNT CASHBALANCEPPAIDOUNT O Ov CHECKBALANCE WPAIDBEGINNING MONEY DUE ORDER RECEIPT 0 22=04 BY ©2001 REDIFORM€ Sl DATE y I�q RECEIPT 994964 �-}- — RECEIVED FROM �1 1 G lJ ADDRESS ff 1 DOLLARS $ FOR r 7� f . Ii n�Y _ 5ec�f or-) I Y�o I f lrl7- G t� t t� n -�---- 1�' ACCOUNT HOW PAID BEGINNING CASH _ BALANCE AMOUNT /l 670D ' CHECK 00 PAID MONEY BALANCE ORDER B DUE 2001 ftE1NFORMa S165-`-CL KEC l:l l RECEIVEDFROM ADDRESS ` 0 () Ivy e�xu.w -1 r ww-rv'La I `,�` FOR SA dj[N� r ACCOUNT HOW PAID AMT- OF ACCOUNT CASH � � FAIL) PAID L CHECK �V i—BALANCE DUE MO'vEY L ORDER No. 554564 iq. 3aw-L SUBDIVISION CHECKLIST 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of Winchester GIS Sanitation Authority Health Department Inspections Department L Parks & Recreation Fire Marshall County Engineer 2. One copy of the subdivision application To be filled in if an MDP is associated with TRACKING SHEET this subdivision MDP # Dt 1 SDP Application received Approved by BOS: Admin. Approval: 1 '1 SDP Fee paid ($ l % ,30 0) +'1 Information entered in D-base and Reference Manual 9 1/7 Application Action Summary updated 3400zo Se Li 1 +`'j� `rj Plat Application Received & fee paid $ �`(O , - � �+ Z Leo Ii 5 t�1 I"(tiPlat(s) signed by Subdivision Administrator s-us.1.S -1l1-7 5In 01 2,'- CApproval letter to applicant/copy to file & cc's `i (Z3 S- j 1 t 2z Co of final subdivision plat(s) s with signatures] made and given to 5�st l� � PY P () � g ) g� GIS for structure numbering assignment 51 Z I� .,'4PIC scCL,- Updated D-base and Reference Manual Application Action Summary updated Final plat(s) submitted with review agency signatures along with: Sys ID # Revised 3/14/14 t2n, kQ',�)I Recorded Deed of Dedication Bond estimate (if required) S. DATE %5 J-A 694 ACCOUNT, HOW PAID AMT OF,' Af COt1NF ,.. CASH '��' q: _'-PAID CHECK 6ALANCE MONEY DUE ORDER r • e (C2001 tEdMrtrl T 8L808 I fFLU to FREEDOM MANOR LLC Frederick County Treasurer 7/14/2020 Insurance Expense:Bond Expense Bond Establishment/Subdivision App Fee Application Fees & Permits: Frederick Co Bond Establishment/Subdivision App Fee Freedom Manor, Chec Bond Establishment/Subdivision App Fee DATE _ RECEIVED ADDRESS FOR Q ACCOUNT HOW PAID BEGINNING CASH BALANCE AMOUNT CHECK PAID BALANCE MONEY DUE ORDER RECEIPT 500.00 7,200.00 7,700.00 483393 r r�� MOT r� • • DATE �� ' RECEIPT 433238 RECEIVED FROM F�ezd O/Yl Manor ((1nor / G-e4 ADDRES�S6ry6 DOLLARS $ O(rQU• L� FOR ACCOUNT HOW PAID BEGINNING CASH BALANCE AMOUNT iynDo 00 CHECK PAID OfrJf BALANCE MONEY DUE I ORDER f ©2001 REDIF-@ S1557N-CL D bda GmNnatM�, lac. May 20, 2022 Wyatt Pearson, AICP Deputy Director Department of Planning and Development Frederick County 107 North Kent Street Winchester, VA 22601 RE: Freedom Manor —Transfer of Development Rights (TDR); Townhouse Section 2 (Final Lots of Project) Dear Wyatt, As you know, the approved proffer statement for Freedom Manor permits the use of TDR's in lieu of monetary proffers. Specifically, Proffer 5.1 of the approved proffer statement reads as follows: 5. Option for use of Transfer of Development Rights Ordinance 5.1 In lieu of the per unit monetary contribution as provided for by Proffer 4.1, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 185-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed 300 dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments shall remain applicable to such dwelling units, In total, we have now provided for 140 TDR's at Freedom Manor which provides for a TDR for each lot within the subdivision, which has now been fully platted. This letter confirms the TDR's assigned to each lot now that we have put the final phase of the project, the Section 2 Townhomes, on record. We have previously provided the recorded Deeds of Quitclaim and Extinguishment of Development rights to your office as part of the TDR assignment for previous phases, but in order to provide one final update identifying all lots covered by TDR's, I have attached an updated spreadsheet accounting for all lots within the project along with the source information for the TDR used. Copies of the referenced TDR instruments are also attached. If you have any questions or would like to discuss further, please feel free to contact me at (540) 336-3333. Sincerely, Patrick Sowers Director of Land Development 420 W. Jubal Early Drive, Suite 103 • Winchester, VA 22601 - Ph: 640-667-2120 - Fx: 540-W7-5414 Freedom Manor - TDR Assignment by_Lot Revision Date: 5/20/22 Section Lot Housing Type TDR Source TDR's Assigned TDR s Remaining From Sources 1 33 SFD Inst#170007328 1 29 1 34 SFD Inst #170007328 1 28 1 35 SFD Inst #170007328 1 27 1 78 SFD Inst #170007328 1 26 1 79 SFD Inst #170007328 1 25 1 80 SFD Inst #170007328 1 24 1 81 SFD Inst #170007328 1 23 1 82 SFD Inst4170007328 1 22 3 36 SFD Inst #170007328 1 21 3 37 SFD Inst #170007328 1 20 3 38 SFD Inst #170007328 1 19 3 43 SFD Inst #170007328 1 18 3 44 SFD Inst #170007328 1 17 3 45 SFD Inst #170007328 1 16 3 46 SFD Inst #170007328 1 15 3 47 SFD Inst #170007328 1 14 3 48 SFD Inst #170007328 1 13 3 49 SFD I nst #170007328 1 12 3 50 SFD Inst #170007328 1 11 3 51 SFD Inst #170007328 1 10 3 52 SFD Inst #170007328 1 9 3 53 SFD Inst #170007328 1 8 3 54 SFD Inst #170007328 1 7 3 55 SFD Inst #170007328 1 6 3 56 SFD Inst #170007328 1 5 2 58 SFD Inst #170007328 1 4 2 59 SFD I nst #170007 328 1 3 2 73 SFD Inst#170007328 1 2 2 74 SFD Inst #170007328 1 1 2 75 SFD I nst #170007328 1 0 2 76 SFD I nst #200013138 1 29 2 77 SFD Inst #200013138 1 28 2 57 SFD Inst #200013138 1 27 2 60 SFD Inst #20001.3138 1 26 2 61 SFD Inst #200013138 1 25 2 62 SFD Inst #200013138 1 24 TH Sec 1 129 TH Inst #200013138 2/3 231/3 TH Sec 1 130 TH Inst #200013138 2/3 22 2/3 TH Sec 1 131 TH Inst #200013138 2/3 22 TH Sec 1 132 TH Inst #200013138 2/3 21 1/3 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Sources TH Sec 1 133 TH Inst #200013138 2/3 20 2/3 TH Sec 1 134 TH Inst #200013138 2/3 20 TH Sec 1 135 TH Inst #200013138 2/3 191/3 TH Sec 1 136 TH Inst #200013138 2/3 18 2/3 TH Sec 1 137 TH Inst #200013138 2/3 18 TH Sec 1 138 TH Inst #200013138 2/3 171/3 TH Sec 1 139 TH Inst #200013138 2/3 16 2/3 TH Sec 1 140 TH Inst #200013138 2/3 16 TH Sec 1 141 TH Inst #200013138 2/3 15 1/3 TH Sec 1 142 TH I nst #200013138 2/3 14 2/3 TH Sec 1 143 TH Inst #200013138 2/3 14 TH Sec 1 144 TH Inst #200013138 2/3 131/3 TH Sec 1 145 TH Inst #200013138 2/3 12 2/3 TH Sec 1 146 TH Inst #200013138 2/3 12 TH Sec 1 147 TH Inst #200013138 2/3 11 1/3 TH Sec 1 148 TH Inst #200013138 2/3 10 2/3 TH Sec 1 149 TH Inst #200013138 2/3 10 TH Sec 1 ISO TH Inst #200013138 2/3 9 1/3 TH Sec 1 151 TH Inst #200013138 2/3 8 2/3 TH Sec 1 152 TH Inst #200013138 2/3 8 TH Sec 1 153 TH Inst #200013138 2/3 7 1/3 TH Sec 1 154 TH Inst #200013138 2/3 6 2/3 TH Sec 1 155 TH Inst #200013138 2/3 6 TH Sec 1 156 TH Inst #200013138 2/3 5 1/3 TH Sec 1 157 TH Inst #200013138 2/3 4 2/3 TH Sec 1 158 TH Inst #200013138 2/3 4 TH Sec 1 159 TH Inst #200013138 2/3 3 1/3 TH Sec 1 160 TH Inst #200013138 2/3 2 2/3 TH Sec 1 161 TH Inst #200013138 2/3 2 TH Sec 1 162 TH Inst #200013138 2/3 1 1/3 TH Sec 1 163 TH Inst #200013138 2/3 2/3 TH Sec 1 164 TH Inst #200013138 2/3 0 TH Sec 1 165 TH Inst #200013139 2/3 301/3 TH Sec 1 166 TH Inst #200013139 2/3 29 2/3 TH Sec 1 167 TH Inst #200013139 2/3 29 TH Sec 1 168 TH Inst #200013139 2/3 28 1/3 TH Sec 1 169 TH Inst #200013139 2/3 27 2/3 TH Sec 1 170 TH Inst #200013139 2/3 27 TH Sec 1 171 TH Inst #200013139 2/3 26 1/3 TH Sec 1 172 TH Inst #200013139 2/3 25 2/3 TH Sec 1 173 TH Inst #200013139 2/3 25 TH Sec 1 174 TH Inst #200013139 2/3 241/3 TH Sec 1 175 TH Inst #200013139 2/3 23 2/3 Section Lot Housing Type TOR Source TOR's Assigned TOR's Remaining From Sources TH Sec 1 176 TH Inst #200013139 2/3 23 TH Sec 1 177 TH Inst #200013139 2/3 221/3 TH Sec 1 178 TH Inst #200013139 2/3 212/3 TH Sec 1 179 TH Inst #200013139 2/3 21 TH Sec 1 ISO TH Inst #200013139 2/3 201/3 TH Sec 1 181 TH Inst #200013139 2/3 19 2/3 TH Sec 1 182 TH Inst #200013139 2/3 19 TH Sec 1 183 TH Inst #200013139 2/3 18 1/3 TH Sec 1 184 TH Inst #200013139 2/3 17 2/3 TH Sec 1 185 TH Inst #200013139 2/3 17 TH Sec 1 186 TH Inst #200013139 2/3 161/3 TH Sec 1 197 TH Inst #200013139 2/3 15 2/3 Sec 4 1 SFD Inst #200013139 1 14 2/3 Sec 4 2 SFD Inst #200013139 1 13 2/3 Sec 4 3 SFD I nst #200013139 1 12 2/3 Sec 4 4 SFD I nst #200013139 1 112/3 Sec 4 5 SFD Inst #200013139 1 10 2/3 Sec 4 6 SFD Inst #200013139 1 9 2/3 Sec 4 7 SFD Inst #200013139 1 8 2/3 Sec 4 8 SFD Inst #200013139 1 7 2/3 Sec 4 9 SFD Inst #200013139 1 6 2/3 Sec 4 10 SFD Inst #200013139 1 5 2/3 Sec 4 11 SFD Inst #200013139 1 4 2/3 Sec 4 12 SFD Inst #200013139 1 3 2/3 Sec 4 13 SFD Inst #200013139 1 2 2/3 Sec 4 14 SFD fnst #200013139 1 12/3 Sec 4 15 SFD Inst #200013139 1 2/3 Sec 4 16 SFD Inst #210006893 1 112/3 Sec 4 17 SFD Inst #210006893 1 10 2/3 Sec 4 18 SFD Inst #210006893 1 9 2/3 Sec 4 19 SFD Inst #210006893 1 8 2/3 Set 4 20 SFD Inst #210006893 1 7 2/3 Sec 4 21 SFD Inst #210006893 1 6 2/3 Sec 4 22 SFD Inst #210006893 1 5 2/3 Sec 4 23 SFD Inst #210006893 1 4 2/3 Sec 4 24 SFD fnst #210006893 1 3 2/3 Sec 4 25 SFD I nst #210006893 1 2 2/3 Sec 4 26 SFD Inst #210006893 1 12/3 Sec 4 27 SFD Inst #210006893 1 2/3 Sec 4 28 SFD Inst #210006895 1 27 2/3 Sec 4 29 SFD Inst #210006895 1 26 2/3 Sec 4 30 SFD Inst #210006895 1 25 2/3 Sec 4 31 SFD Inst #210006895 1 24 2/3 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Source Sec 4 32 SFD Inst #210006895 1 23 2/3 Sec 4 39 SFD I nst #210006895 1 22 2/3 Sec 4 40 SFD Inst #210006895 1 212/3 Sec 4 41 SFD Inst #210006895 1 20 2/3 Sec 4 42 SFD Inst #210006895 1 19 2/3 Sec 5 63 SFD Inst #210006895 1 18 2/3 Sec 5 64 SFD Inst #210006895 1 17 2/3 Sec 5 65 SFD Inst #210006895 1 16 2/3 Sec 5 66 SFD Inst #210006895 1 15 2/3 Sec 5 67 SFD Inst #210006895 1 14 2/3 Sec 5 68 SFD Inst #210006895 1 13 2/3 Sec 5 69 SFD Inst #210006895 1 12 2/3 Sec 5 70 SFD Inst#210006895 1 112/3 Sec 5 71 SFD Inst #210006895 1 10 2/3 Sec 5 72 SFD Inst #210006895 1 9 2/3 TH Sec 2 101 TH Inst #210006895 2/3 9 TH Sec 2 102 TH Inst #210006895 2/3 81/3 TH Sec 2 103 TH Inst #210006895 2/3 7 2/3 TH Sec 2 104 TH Inst #210006895 2/3 7 TH Sec 2 105 TH Inst #210006895 2/3 61/3 TH Sec 2 106 TH Inst #210006895 2/3 5 2/3 TH Sec 2 107 TH Inst #210006895 2/3 5 TH Sec 2 108 TH Inst #210006895 2/3 41/3 TH Sec 2 109 TH Inst #210006895 2/3 3 2/3 TH Sec 2 110 TH Inst #210006895 2/3 3 TH Sec 2 111 TH Inst #210006895 2/3 2 1/3 TH Sec 2 112 TH Inst #210006895 2/3 12/3 TH Sec 2 113 TH Inst #210006895 2/3 1 TH Sec 2 114 TH Inst #210006895 2/3 1/3 TH Sec 2 115 TH Inst #210006897 2/3 8 2/3 TH Sec 2 116 TH Inst #210006897 2/3 8 TH Sec 2 117 TH Inst #210006897 2/3 71/3 TH Sec 2 118 TH Inst #210006897 2/3 6 2/3 TH Sec 2 119 TH Inst #210006897 2/3 6 TH Sec 2 120 TH Inst #210006897 2/3 51/3 TH Sec 2 121 TH Inst #210006897 2/3 4 2/3 TH Sec 2 122 TH Inst #210006897 2/3 4 TH Sec 2 123 TH Inst #210006897 2/3 31/3 TH Sec 2 124 TH Inst #210006897 2/3 2 2/3 TH Sec 2 125 TH Inst #210006897 2/3 2 TH Sec 2 126 TH Inst #210006897 2/3 11/3 TH Sec 2 127 TH Inst #210006897 2/3 2/3 TH Sec 2 128 TH Inst #210006897 2/3 0 TDR Source Documents Total TDR's Inst #170007328 30 Inst #200013138 30 Inst #200013139 31 Inst #210006893 12 Inst #210006895 28 Inst #210006897 9 170007328 Prepared by: J. Douglas McCarthy, Esquire VSB# 65713 Return to: McCarthy & Akers, PLC 302 W. Boscawen Street Winchester, VA 22601 .. . cr, Tax Parcel MO. 64-A-23 Consideration: Exempt from taxation pursuant to Virginia Code § 58.1-811(A)(3) QUITCLAIM DEED AND EXTINGUISHMENT OF DEVELOPMENT RIGHTS THIS QUITCLAIM DEED is made as of July 5, 2017, by and between FREEDOM MANOR, LLC, a Virginia limited liability company, as Grantor, and the FREDERICIK COUNTY, VIRGINIA, as Grantee. That for and in consideration of the sum of $10.00, cash in hand paid, sad other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby quitclaim, release, and convey to the Grantee, all right, title, and interest of the Grantor in thirty (30) development rights (the "Development R.igh&j, which prior to this conveyance were attached to the following described property located in the County of Frederick, Virginia (the Pr SE : All of those certain two tracts of land located in Gainesbom Magisterial District, Frederick County, Virginia, the first containing 107.4221 acres, more or less, with Tax ID number Of 07-A-27 and the second containing 108.8357 acres, more or less, with a Tax ID number 07-A-28; AND BEING the sarne property that was conveyed to Virginia H. Wells by Deed dated November 15, 1%2 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Hook 283, at Page 569. The said Virginia H. Wells (also known as Virginia. Wells Van Fleet) died testate on April 2, 1986. Her Will is of record in the aforesaid Clerk's Office in Will Book 89, at Page 147. Her residuary estate, (which included the subject property described heroin) was placed. in her trust with the Farmers and Merchants National Bank of Winchester, Virginia. M Branch Banking and Trust Company became the Successor ofFarmers and Merchants National Bank of Winchester, Virginia. By order of the Circuit Court of Frederick County, Virginia, in Civil Action No. CL10000947-00 Branch Banking and Trust Company was discharged as Trustee and Anthony Eyre, Christopher Anthony Eyre, Anna Marie Eyre Kaczmarzewski, and Angela Michelle Eyre Escaiona were appointed Co -Trustees. AND DE NG the same thirty (30) deveiopment rights or "TDRs" transferred to the Grantor by Deed of TDR Transfer, dated July 5, 2017, of record in the aforesaid Clerk's Office immediately prior hereto. Also prior to this conveyance but subsequent to being severed, the Development Rights were conveyed to FREEDOM MANOR, LLC by dead dated July 5, 2017, and recorded immediately prior hereto, among the land records of Frederick County, 'Virginia. Grantee hereby accepts this conveyance, and agrees that the Development Rights are hereby extinguished and serve as monetary proffer payments within the Freedom Manor development for 30 residential dwelling units as specified in Rezoning #11-15, proffers recorded as Lrsttument Number - '"� �2''7 , recorded on '7 ` Zt0- R? , among the land records of Frederick County, Virginia. These rights may not be sold, transferred, or otherwise conveyed to any other party hereafter. WITNESS the following signatures and seals. -Tj cn On behalf of Freedom Manor LLC: -a BY .._.. (SEAL) David B. y, Mafia COMMONWEALTH OF VIRGIMA [CITY] WeUNRYtOF i►~Etnrhra4c✓ The foregoing instrument was acknowledged before me this day of 104 DAI by David B. Holliday, Manager of Freedom Manor, LLC. C My Commission Expires: mZ q Virginia Notary Registration Number: 3MA IO F UdUq- MOCARTW NOUN PUBLIC MUNA'rALTH CP WGINIA 18SIM nD P�E�S'MAY 31. 202 On behalf of Frederick County, Virginia, BY: (SEAL) '�rn-- nis Kris C t;t ey, & tith Ami trator COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER The foregoing instrument was acknowledged before me this L14day of 7_2� by Kris C. Tierney, County Administrator. e '-u-1 NbTAqY PUBLIC My Commission Expires: 30- �o 2a Virginia Notary Registration Number: ,*7 19 11 V 20 ? VED AS TO FORM �t� I 117/1.02° ?/17I COUNTY ATTORNEY 0 A:y VIRGINIA., FREDFRICK COt-INTYSCT, This instrument of writing was produced to "ne on at, � )q d an with cer�tfficate acknowledgement thereto annexed was admitted to record, Tax imposed by Sec, 58.1-802 of 7 and 58.1-801 have been paid, if assessable, 1� I Clerk LF; Also prior to this conveyance but subsequent to being severed, the Development Rights were conveyed to FREEDOM MANOR, LLC, by deeds recorded as Instrument Numbers 170008660 and 170011761, among the land records of Frederick County, Virginia. Grantee hereby accepts this conveyance, and agrees that the Development Rights are hereby extinguished and serve as monetary proffer payments within the Freedom Manor development for Thirty-one residential dwelling units as specified in Rezoning #11-15, proffers recorded as Instrument Number 160000607, recorded on January 16, 2016, among the land records of Frederick County, Virginia. These rights may not be sold, transferred, or otherwise conveyed to any other party hereafter. This instrument is exempt from taxation pursuant to section § 58.1- 811(A)(3) of the Code of Virginia. WITNESS the following signatures and seals: On behalf of Freedom Manor, LLC: BY: .� (SEAL) David B. iday, Mana COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER The foregoing instrument was knowledged before me this )b day of 6 0U by David B. Hollida , anager of Freedom Manor, LLC. My Commission Expires: Nancy Tiison Sinback Virginia Notary Registration Number: NOTARY PUBLIC Commonwealth of Virginia My Commission Expires 12/31/2022 Sending Proper One:_ eleven (11) residential transferable development rights from that certain tract or parcel of land lying and being situate along the western side of Germany Road (Virginia State Secondary Route 625) of Frederick County, Virginia, containing 41.3784 acres and more particularly described on the plat of survey drawn by Elliott Ritchie, Jr., L.S., dated August 24, 2012, attached to the hereinafter mentioned Deed and by this reference made a part hereof as if set out in full; AND BEING the same property conveyed to Paul G. Anderson, Jr., and Mary R. Anderson, his wife, by Deed of Gift dated January 30, 2013, from Ruby N. Ridings, Widow, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 130001294, and is hereafter known as the "Sending Property One". Tax Map I.D. 73-A-29; and, IA" &40- Sending„Proper Two: twenty (20) residential transferable development rights from that certain lot or parcel',of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging lying and being situate along the Northern side of Virginia State Secondary Highway No. 682, about eleven miles North of Winchester, in Gainesboro Magisterial District, Frederick County, Virginia, containing 168.024 acres, more or less, as shown on the plat and survey of H. Bruce Edens, L.S., dated March 29,1996, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 893, at Page 233, et seq.; AND BEING the same property conveyed to Charles Stuart DeHaven, Jr. by Deed of Gift dated November 15,1976, from Charles S. DeHaven and Jane M. DeHaven, his wife, of record in the aforesaid Clerk's Office in Deed Book 466 at Page 532. Tax Map No. 21-A-36. 2.000,1313U Prepared By: McCarthy & Akers, PLC J. Douglas McCarthy, Esquire VSB #67513 Return to: . McCarthy & Akers, PLC 302 W Boscawen Street Winchester, VA 22601 Tax I.D.: 64-A-23 Consideration: exempt from taxation pursuant to Virginia Code § 58.1-811(A)(3) QUITCLAIM DEED AND EXTINGUISHMENT OF DEVELOPMENT RIGHTS THIS QUITCLAIM DEED is made as of September, _ t 0. 2020 by and between FREEDOM MANOR. LLC, a Virginia limited liability company, as Grantor; and the FREDERICK COUNTY VIRGIA, as Grantee. WITNESSETH: That for and in consideration of the sum of $1, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby quitclaim, release, and convey to the Grantee, all right, title, and interest of the Grantor in thirty-one (31) development rights (the "Development Rights"), which prior to this conveyance were severed from the following described property located in Frederick County, Virginia (the "Property"), by deed dated August 10, 2017 , and recorded as Instrument Number 170008660 ("Sending Property One"), and additionally by deed dated October 23, 2017, and recorded as Instrument Number 170011761 ("Sending Property Two") among the land records of Frederick County, Virginia: On behalf of Frederick County, Virginia, BY: (SEAL) Kris C. tiorhey, o 'nistrator COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER . The foregoing instrument was acknowledged before me this ii day of Sner • 2.6b by Kris C. Tierney, County Administrator. T40TAILY PUBLIC My Commission Expires: 11 - 30 - 2) 220 Virginia Notary Registration Number: —1 6 111 k1 2,,3 ED AS TO FORM 9/0/1pw COUNTY ATTORNEY VIRGINIA: FREDERICK COUNTY.SCT. This Instrument of writing was produced to me on and with certificate acknowledgement thereto annexed was admitted�to record, Tax imposed by Sec. 58.1.802 of and 58.1-801 have been paid, if assessable. ' z , Clerk Grantee hereby accepts this conveyance, and agrees that the Development Rights are hereby extinguished and serve as monetary proffer payments within the Freedom Manor development for thirty residential dwelling units as specified in Rezoning #11-15, proffers recorded as Instrument Number 160000607, recorded on January 26, 2016, among the land records of Frederick County, Virginia. These rights may not be sold, transferred, or otherwise conveyed to any other party hereafter. This instrument is exempt from taxation pursuant to section § 58.1- 8 11 (A) (3) of the Code of Virginia. WITNESS the following signatures and seals: On behalf of Freedom Manor, LLC: BY: (SEAL) David BAfolidav, a er COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER The foregoing instrument was acknowledged before me this (F day of �,by David B. Hollidayy�anager of Freedom Manor, LLC. OT Y F My Commission Expires: Virginia Notary Registration Number: Nancy Tllson Sinback NOTARY PUBLIC Commonwealth of Virglnla My commission Expires 12/31/2022 200013138 Prepared By: McCarthy & Akers, PLC J. Douglas McCarthy, Esquire VSB #67513 Return to: McCarthy & Akers, PLC c-� 302 W Boscawen Street Winchester, VA 22601 C11-0 t- :.. Tax I.D.: 64-A-23 Consideration: exempt from taxation pursuant to Virginia Code § 58.1-811(A)(3) QUITCLAIM DEED AND EXTINGUISHMENT OF DEVELOPMENT RIGHTS THIS QUITCLAIM DEED is made as of September, t0.2020 by and between FREE10M MANOR, LLC, a Virginia limited liability company, as Grantor; and the FREDERICK COUNT' VIRGINIA, as Grantee. WITNESSETH: That for and in consideration of the sum of $1, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby quitclaim, release, and convey to the Grantee, all right, title, and interest of the Grantor in thirty (30) development rights (the "Development Rights"), which prior to this conveyance were severed from the following described property located in Frederick County, Virginia (the "Sending Property"), by deed dated September _I, 2020, and recorded immediately prior hereto, among the land records of Frederick County, Virginia: Sending Property All of that certain tract or parcel of land lying and being situate in Back Creek Magisterial District, identified as Frederick County Tax Identification Number 73-A-100, BEING the same property conveyed to Paul G. Anderson, Jr. and Mary Edna Anderson, (also known of record as Mary R. Anderson)by Deed of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 814, at Page 1232, and as more particularly described and or modified by that certain Deed of Boundary Line Adjustment and Quitclaim Deed, dated August 5, 2005, which deed is of record in the aforesaid Clerk's Office as Instrument No. 050017792. On behalf of Frederick County, Vksinia, 03 d By: (SFAL) ch Kri 'trey, fitoiut d 'nistrator o0 COMMONWEALTH OF VUtGIN1A [CITY [COUNTY] OI' The foregoing instrument was acknowledged before me thiqday of 011 a . 2�o►I , by Kris C. Tierney, Interim County Administrator, on behalf of Fred of County, Virignia. * p ©F NOTARY "LIC TS i'� My on Expires• 11 • 3 was n 0). 8 0�1\otacyRogbtmtionNumber: "7aitttL3 !!lII�IIJ i1t1 , AP� VED AS T4 FORM zi 050/to COUNTY ATTORNEY vIKUINIA: FkX— M COUPiTY. U.%,., This insmment of writing was produced to n 14M Zeta with cord acicnowledgemeat thereto amrnd was admitted to record. Tax imposed by Sec, %[-= of 5.��; a+xt SB.i�90t lunra been pai+d,,ltam�eaabla 210006893 Prepared By: McCarthy & Akers, PLC L Douglas McCarthy, Esquire VSB 467513 Return to: McCarthy & Akers, PLC 302 W Boscawen Street Winchester, VA 22601 Tax I.D.: 70-A-35A Consideration: exempt from taxation pursuant to Virginia Code § 58.1-811(A)(3) QUITCLAIM DEED AND EXTINGUISHMENT OF DEVELOPMENT RIGHTS THIS QUITCLAIM DEED is made as of March 31, 2021, by and between FREEDOM MablOR. LLC a Virginia limited liability company, as Grantor, and FREDERICK COUNTY, VIR 1NIA, as Grantee. That for and in consideration of the sum of $1, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby quitclaim, release, and convey to the Grantee, all right, title, and interest of the Grantor in twelve (12) of nineteen (19) available development rights (the "Development Rights"), which prior to this conveyance were severed from the following described property located in Frederick County, Virginia (the "Sending Property"), by deed dated March 31, 2021, and recorded immediately prior hereto, among the land records of Frederick County, Virginia: Sending Property All of that certain tract or parcel of land lying and being situate in Back Creek Magisterial District, containing 110.5071 acres, more or less, and depicted as Tract 1 on that certain plat of survey prepared by Michael M. Artz., LS, dated March 14, 2019, entitled Minor Rural Subdivision, :D C0 CT 11 Dave Holliday Rentals L.L.C" of recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 190010785, and further identified as Frederick County Tax Identification Number 70-A- 35A Grantee hereby accepts this conveyance, and agrees that the Development Rights are hereby extinguished and serve as monetary proffer payments within the Freedom Manor development for twelve (12) residential dwelling units as specified in Rezoning #11-15, proffers recorded as Instrument Number 160000607, recorded on January 26, 2016, among the land records of Frederick County, Virginia. These rights may not be sold, transferred, or otherwise conveyed to any other party hereafter. This instrument is exempt from taxation pursuant to section § 58.1-811(A)(3) of the Code of Virginia. WITNESS the following signatures and seals: On behalf of Freedom Manor, LLC: BY: (SEAL) Davi . Holii ,Manager COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER The foregoing instrument was acknowledged before me this L4 day of April, 2021, by David B. Holliday, Manager of Freedom Manor, LLC. My Commission Expires: 12.311.2& N TAR PUBLIC Virginia Notary Registration Number: i Z9 21 0 Nancy Tllson Sinback NOTARY PUBLIC Commonwealth of Virginia Reg. #7292148 My Commission Expires 12/31/2022 GO _-j On behalf of Frederick County, Virginia, BY: (SEAL) Kris . ' rney, C Administrator COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER ,'4-p� 1 The foregoing instrument was acknowledged before me this 6&day of -Marc! 2021, by Kris C. Tierney, County Administrator. 0 [oil .. Bin I My Commission Expires: -i - 31 - L0213 Virginia Notary Registration Number: 7 fo Z 3 g:73 AronW. phURPS AIRY POUC CoMMbnwe�Ith of VironIs Reg. #7.623873 My Commission Expires AP 0 ED AS TO FORM ttA#Zo 2 I COUNTY ATTORNEY VIRGINIA: FRF015RICK MW ThI r7611ZA Mont of wrlops W% orgagwo W pe m and withcat o�l was adm,,itt l to rewrd, T@k 1MP%@d bV SQG, 5$.1$020f ?*L and 59•1.801 have bon p#d, If m;esft. mgeft Yq , Cterk r'V Office of the Circuit Court of Frederick County, Virginia in Deed Book 903, at page 1527. Grantee hereby accepts this conveyance, and agrees that the Development Rights are hereby extinguished and serve as monetary proffer payments within the Freedom Manor development for nine (9) residential dwelling units as specified in Rezoning #11- 15, proffers recorded as Instrument Number 160000607, recorded on January 26, 2016, among the land records of Frederick County, Virginia. These rights may not be sold, transferred, or otherwise conveyed to any other }warty hereafter. This instrument is exempt from taxation pursuant to section § 58.1-811(A)(3) of the Code of Virginia. WITNESS the following signatures and seals: On behalf of Freedom Manor, LLC: 9 COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER The foregoing instrument was acknowledged before me this J4LC y of April, 2021, by David B. Holliday, Manager of Freedom Manor, LLC. �. ARY PUBLIC My Commission Expires: 1Z " 1. a } Nancy Tilson Sinback Virginia Notary Registration Number: NOTARY PUBLIC Commonwealth of Virginia Reg. *7292148 My Commission Expires 12/31/2022 210006897 Prepared By: McCarthy & Akers, PLC J. Douglas McCarthy, Esquire VSB #67513 Return to: McCarthy & Akers, PLC 302 W Boscawen Street Winchester, VA 22601 Tax I.D.: 72-A-22 Consideration: exempt from taxation pursuant to Virginia Code § 58.1-811(A)(3) QUITCLAIM DEED AND EXTINGUISHMENT OF DEVELOPMENT RIGHTS THIS QUITCLAIM DEED is made as of March 3 t . 2021, by and between FREEDOM MANQR, LLC. a Virginia limited liability company, as Grantor, and the FREDIRICK COUNTY VIRGINIA. as Grantee. That for and in consideration of the sum of $1, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby quitclaim, release, and convey to the Grantee, all right, title, and interest of the Grantor in nine (9) development rights (the "Development Rights"), which prior to this conveyance were severed from the following described property located in Frederick County, Virginia (the "Sending Property"), by deed dated March 31, 2021, and recorded immediately prior hereto, among the land records of Frederick County, Virginia: Sending Properly All that certain remaining tract of land containing 43.35 acres, more or less, as shown and described on a Final Plat for Minor Rural Subdivision of the land of Philip Harvey Brumback, dated April 21, 1998, recorded in the Clerk's On behalf of Frederick County, Virginia, BY: (SEAL) Kris C. Tierney, d un Administrator COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER The foregoing instrument was acknowledged before me this'Z(Oday of 2021, by Kris C. Tierney, County Administrator. My Commission Expires: -1 -a I - Zo Z 3 Virginia Notary Registration Number: �1 &?- a '% 3 AP ED AS TO FORM ------y l26/1,0 Z I COUNTY ATTORNEY r _7 C.J C -7. MOW Co NOTARY PUBLIC O F"a^o W@4 th of Viig1� Reg. 07623873 Mmmissloonn ZpIMS VINOINI4g 1400010 Mumoset. 741MOMM"tofwriting was ProducW tomeen I an w cateacknowiedgementthe&V"d wasedmitbedto record. Tax imposed by5ec.5914 M20f NO, ifa%eatlm ,C%r�c M. Artz, Land Surveyor, of Artz and Associates, PLC, dated May == 30, 2007, which plat is attached to a separate Deed of Gift p p `0 dated August 30, 2007, of record in the Clerk's Office of the �a Circuit Court of Frederick County, Virginia, as Instrument No. 070014446. Grantee hereby accepts this conveyance, and agrees that the Development Rights are hereby extinguished and serve as monetary proffer payments within the Freedom Manor development for twenty-eight (28) residential dwelling units as specified in Rezoning #11-15, proffers recorded as Instrument Number 160000607, recorded on January 26, 2016, among the land records of Frederick County, Virginia. These rights may not be sold, transferred, or otherwise conveyed to any other party hereafter. This instrument is exempt from taxation pursuant to section § 58.1-811(A)(3) of the Code of Virginia. WITNESS the following signatures and seals: On behalf of Freedom Manor, LLC: Davi dXH o I I id ajefA a nag er COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER (SEAL) The foregoing instrument was acknowledged before me this -A ay of April, 2021, by David B. Holliday, Manager f Freedom Manor, LLC. T Y PUBLIC My Commission Expires: " 31 - 2 Z Nancy Tilson Sinback NOTARY PUBLIC Virginia Notary Registration Number: '�� l�i Commonwealth of Virginia Reg. *7292148 My Commission Expires 12/31/2022 ��ll V V V Vile Prepared By: Return to: Tax I.D.: Consideration: McCarthy & Akers, PLC J. Douglas McCarthy, Esquire VSB #67513 McCarthy & Akers, PLC 302 W Boscawen Street Winchester, VA 22601 72-A-23 exempt from taxation pursuant to Virginia Code § 58.1-811(A)(3) QUITCLAIM DEED AND EXTINGUISHMENT OF DEVELOPMENT RIGHTS THIS QUITCLAIM DEED is made as of March 3 1 , 2021, by and between FREEDOM MANOR LLC a Virginia limited liability company, as Grantor; and the FREDERICK COUNTY VIRGINIA, as Grantee. WITNES,SETH: That for and in consideration of the sum of $1, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby quitclaim, release, and convey to the Grantee, all right, title, and interest of the Grantor in twenty-eight (28) development rights (the "Development Rights"), which prior to this conveyance were severed from the following described property located in Frederick County, Virginia (the "Sending Property"), by deed dated March 31, 2021, and recorded immediately prior hereto, among the land records of Frederick County, Virginia: Sending Prg1er_tx All that tract or parcel of real estate being the remainder of the "Pitman Tract," situate in Back Creek (formerly Opequon) District, Frederick County, Virginia on the west side of Cedar Creek Grade, and containing 131.499 acres, more or less, as shown on plat of survey prepared by Michael N C13 On behalf of Frederick County, Virginia, BY: (SEAL) Kris C. erne Co Administrator COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER The foregoing instrument was acknowledged before me this day of r; 2021, by Kris C. Tierney, County Administrator. NOTARY PUBLIC My Commission Expires: Ann W. Phillips Virginia Notary Registration Number: -7G 23 $ r73 NOTARY PUBLIC o' Commonweakh of Virginia Reg. *7623873 My commission Expires -'7�';I ZoZ.3 AF ROVED AS TO FORM ��- q /Ulug-t COUNTY ATTORNEY VIRGINI'A: FRE[)FRICK fzBUW- tV This instrurne"' of writing was prodmed to ma rm LL aaaL at f and with certificate acknowiedgemerrt herd a»" was admitted to record. Tax imposed Ald vsec.ss.Iof and 58.18ol fmve been Wd, if La k4" 9 /tik Co 00 Freedo m Manor Section 2 Townhouses 28 Tow nhouses Lots 101 through 128 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 8, 2021 Marsh & Legge Land Surveyors, P.L.C. Attn: P. Duane Brown, LS 560 N. Loudoun St. Winchester, VA 22601 RE: Plats Freedom Manor Section 2 Townhouses Property Identification Number (PIN):64-A-23 Dear Mr. Brown: This letter is to confirm that the plats for Freedom Manor Section 2 Townhouses were approved for twenty-eight (28) townhouses. Enclosed are two (2) copies of the plats for your records and distribution. Please return a copy of the recorded plats to this office. Should you have any questions, to call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd cc: David D. Stegmaier, Shawnee Board of Supervisor H. Paige Manuel and Elizabeth Kozel, Planning Commissioners GIS Seth Thatcher, Commissioner of Revenue Jane Anderson, Real Estate 107 North Kent Street 9 Winchester, Virginia 22601-5000 Pam Deeter To: Dave Stegmaier; H. Paige Manuel; Elizabeth Kozel; elizabethruckman@gmaii.com Subject: Freedom Manor Section 2 Townhouses approval Attachments: Freedom Manor Sec 2Townhouses plats app.docx Good morning, Please find attached the approval letter from Mr. Cheran approving the Freedom Manor Section 2 Townhouses. If you should have any questions, please contact Mr. Cheran. Pam Deeter, Senior Secretary Dept. Planning & Development 107 N. Kent St. Suite 202 Winchester, VA 22601 540-665-5651 pdeeter@fcva.us Pam Deeter From: Elizabeth Kozel <ekozel@howardshockey.com> To: Pam Deeter Sent: Thursday, September 9, 2021 9:35 AM Subject: Read: '[External]'Read: Freedom Manor Section 2 Townhouses approval Your message To: Elizabeth Kozel Subject: Freedom Manor Section 2 Townhouses approval Sent: Thursday, September 9, 2021 9:02:33 AM (UTC-05:00) Eastern Time (US & Canada) was read on Thursday, September 9, 2021 9:34:35 AM (UTC-05:00) Eastern Time (US & Canada). Pam Deeter From: Microsoft Outlook To: H. Paige Manuel Sent: Thursday, September 9, 2021 9:03 AM Subject: Relayed: Freedom Manor Section 2 Townhouses approval Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: H. Paige Manuel (hpmanuelC@comcast.neC Subject: Freedom Manor Section 2 Townhouses approval Pam Deeter From: Microsoft Outlook < M icrosoftExchange329e71 ec88ae4615bbc36ab6ce41109e@shockeycompanies.onmicr osoft.com> To: Elizabeth Kozel Sent: Thursday, September 9, 2021 9:03 AM Subject: Delivered: Freedom Manor Section 2 Townhouses approval Your message has been delivered to the following recipients: Elizabeth Kozel (ekozelCdhowardshockeY.com� Subject: Freedom Manor Section 2 Townhouses approval Pam Deeter From: Microsoft Outlook To: elizabethruckman@gmail.com Sent: Thursday, September 9, 2021 9:03 AM Subject: Relayed: Freedom Manor Section 2 Townhouses approval Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: elizabethruckmanCa@gmail.com (elizabethruckman(c�gmail.corn Subject: Freedom Manor Section 2 Townhouses approval Pam Deeter From: Microsoft Outlook To: Dave Stegmaier Sent: Thursday, September 9, 2021 9:03 AM Subject: Delivered: Freedom Manor Section 2 Townhouses approval Your message has been delivered to the following recipients: Dave Stegmaier (dave.stegmaier@fcva.us Subject: Freedom Manor Section 2 Townhouses approval Memorandum TO: Mark Cheran FROM: Patrick Sowers DATE: September 7, 2021 INN �� + Y OPMENT SUBJECT: Freedom Manor Townhouses Section Two — Deed of Dedication/Plat/Bond CC: Please find attached the updated Deed of Dedication for Freedom Manor Townhouses — Section Two. This revision includes the header information on the first page required by the Clerk's office. In addition, I have attached the signed original subdivision bond in the amount of $105,831.63. The attached original plats include the slip sheets to clarify that there is no remainder tract for 64- A-20 upon recordation of this final phase and are ready for your signature. If you have any questions or need additional information, please feel free to contact me at (540) 336-3333. Dave Holliday Construction, Inc. 420 W Jubal Early Drive, Suite 103 • Winchester, VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 Tax Map: 6+A-20 210015920 A ,F —v Magisterial Distrlct: Shawnee O Consideration:. $0.00 O C7 Return to: Freedom Manor, LLC N 420 W Jubal Early Drive, Sulte 103 Winchester, VA 22601 THIS SUPPLEMENTAL DEED OF DEDICATION AND DECLARATION OF COVkNANTS, CON ONS, and RESTRICTIONS Is made and dated this 3� day of 2021, by and between FREEDOM MANOR, LLC,. a Virginia M ited liability company, party of the first part, hereinafter called the "Dedaranr; FREEDOM MANOR HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock corporation, party of the second part, hereinafter called the "Association". the COUNTY OF FREDERICK, VIRGINIA, party of the third part, hereinafter called the "County"; FREDERICK COUNTY SANITATION AUTHQRITY d/b/a FREDERICK WATER, party of the fourth part, hereinafter called the "Authority"; MICHAEL L. BRYAN, Trustee, party of the fifth part, hereinafter called "Substltute Trustee"; and paid RYAN BUILDERS MID -ATLANTIC, LLC, a Maryland limited liability company, party of the sixth part, hereinafter called "Dan Ryan Builders". WHEREAS, the Declarant caused to be recorded a certain Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions for Freedom Manor, Section One (the "Original Deed of Dedication and Declaration"), which is recorded among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 190004229; and, WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that certain final plat drawn by P. Duane Brown, L.S., dated May 4, 2020, entitled "FINAL PLAT OF SUBDMSION, FREEDOM MANOR TOWNHOUSES, SECTION TWO", (the "Section Two Plat') which final plat is attached hereto and Incorporated herein by reference as if set out in full, which Is a portion of the property conveyed to the Declarant by that certain deed dated June 10, 2016 from Shen -Valley Land Holdings, LLC, a Virginia limited liability company, which deed is of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 160005456; and, WHEREAS, the Declarant desires to subdivide said real estate, as shown on the aforesaid attached Section Two Plat, Into lots for the construction of dwelling units thereon, and the above -referenced Section Two 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 green space, sanitary sewer and water easements, stormwater, utility, and ingress -egress easements, all of which shall constitute a portion of that development known as Freedom Manor, and which common areas shall be owned and/or maintained by Freedom Manor Homeowners 07. Association, Inc. (the "Association') upon the terms and conditions set forth hereinafter; and WHEREAS, the Declarant now desires to subdivide the same Into lots to be known as Freedom Manor Townhouses, Section Two, and the subdivision of said real estate Is with the free consent and In accordance with the desires of the undersigned Declarant which further desires to subdivide the aforesaid real estate in accordance with the provisions of Virginia law, Including but not limited to the Property Owners' Association Act (Va. Code § 55-508 et seq.), including any successor statute, as are applicable and in force and effect as of the date of execution of this Supplemental Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions; and WHEREAS, the Declarant desires to convey Open Space Parcels L and M as shown on the aforesaid attached Section Two Plat, to the Association; WHEREAS, the Declarant desires to make the lots created by this Supplemental Deed of Dedication subject to the same restrictive covenants contained In the Original Deed of Dedication and Declaration and part of the Association according to the same terms set forth therein; WHEREAS, the property Is subject to the lien of a Deed of Trust dated June 27, 2018, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 180006622, securing a loan in favor of Dan Ryan Builders (the "Dan Ryan Builders Deed of Trust'); and WHEREAS, Michael L. Bryan was appointed as Substitute Trustee for the Dan Ryan Builders Deed of Trust pursuant to the Substitution of Trustee dated June 11, 2020, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 200007104 and Dan Ryan Builders, beneficiary under the aforesaid Deed of Trust, consents to the terms of this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions and hereby directs Michael L Bryan, as Deed of Trust Substitute Trustee, to join herein to subordinate the lien of the Dan Ryan Builders Deed of Trust to this Supplemental Deed of Dedication and, Declaration of Covenants, Conditions and Restrictions; and Trustee Bryan joins in this Instrument to evidence his consent thereto and to release the rights -of -way and easements created by this Supplemental Deed of Dedication from the Dan Ryan Builders Deed of Trust and to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication as more fully set forth hereinafter. NOW, THEREFORE, THIS SUPPLEMENTAL DEED OF DEDICATION AND DECLARATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Deed, the Declarant does hereby subdivide that portion of the property depicted on the attached Section Two Plat containing 7.1901 acres Into lots and parcels to be known as Lots 101 through 128, inclusive, and Open Space Parcels L and M, as well as public street right of way, Section Two, Freedom Manor Townhouses in accordance with the Section Two Plat attached hereto and incorporated herein by reference as If set out in full. The Declarant does hereby grant and convey to the Association, in fee simple, Open Space Parcels L and M, as shown on the attached Section Two Plat. The Declarant does hereby dedicate unto the County, as public streets for public use, those certain roadways, containing 0.5245 acres in Section Two, Freedom Manor Townhouses as depicted on the Section Two Plat attached hereto and incorporated herein by reference as if set out In full. The real estate herein divided shall further be subject to the ingress - egress easements/rights-of-way, stormwater management easements, Frederick Water Easement, 30' Frederick Water easement, 20' storm sewer easement, and all other easements shown on the attached and incorporated Section Two Plat, and each such easement shown thereon shall hereby be incorporated Into the text of this Supplemental Deed of Dedication and Declaration as if specifically set forth In full. Dan Ryan Builders, the beneficiary under the Dan Ryan Builders Deed of Trust of record as Instrument No. 180006622 In the aforesaid Clerk's Office, consents to the terms of this Supplemental Deed of Dedication, as evidenced by the signature hereto of its authorized representative, and directs Bryan as Substitute Trustee to execute this Supplemental Deed of Dedication in conformity therewith In- order to subordinate the lien of the Dan Ryan Builders Deed of Trust to this Supplemental Deed of Dedication and to release from the aforesaid Deed of Trust all of the public streets and easements dedicated by this Supplemental Deed of Dedication and Declaration. All of the lots shown on the Section Two Plat attached hereto shall be subject to all restrictions, easements, covenants and conditions set forth in the Original Deed of Dedication and Declaration, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. The agreements and covenants stated in this Supplemental Deed of Dedication and Declaration are not covenants personal to Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. Frederick Water Easements. The Declarant reserves unto the Authority, Its successors and assigns an easement and right of way (the "Easement') for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, Including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities'), for the transmission and distribution of water and the collection of sanitary sewer and its transmission through, upon and across the portion(s) of the Property shown as water, sewer, and sanitation easements on the attached and incorporated Section Two Plat (the "Easement Areao), subject to the following conditions: (a) All Facilities which are Installed In the Easement Area shall be and remain the property of the Authority, Its successors and assigns. (b)The Authority and its agents shall have full and free use of the Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the Easement, including the right of access to and from the Easement Area, and the right to use adjoining land when necessary, provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land. 0 0 0 rn (c) The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Easement Area, including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that the Authority, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining the Easement Area which are disturbed In any manner by the construction, operation and maintenance of the Facilities. Such restoration shall include (1) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (111) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Easement Area, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Easement Area. (d)The Declarant, its successors and assigns, reserves the right to construct and maintain roadways over the Easement Area and to make any use of the Easement Area which may not be Inconsistent with the Easement rights herein conveyed, or Interfere with the use of the Easement by the Authority for the purposes named; provided, however, that the Declarant, its successors and assigns, shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Easement Area without obtaining the prior written approval of the Authority. In the event a use of the Easement Area by the Declarant, its successors and assigns, is approved by the Authority, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by the Declarant, its successors and assigns. The Declarant, its successors and assigns, agrees that no vegetation other than (1) grass, (11) shrubbery, and (111) flowers and -v c� 0 0 0 -J vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at the Declarant's risk and the Authority shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate the Declarant, its successors and assigns, for such vegetation in the event such vegetation is damaged or destroyed during the exercise of the Authority's rights under this Easement. (e) At such time as any portion of the land within the Easement Area is accepted by. the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the Authority by this instrument in such portion of land shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the Authority all necessary permits for the continued operation, maintenance, inspection, repair and replacement of Its facilities In said location. (f) The Declarant, its successors and assigns, covenants that it is seized of and has the right to convey said Easement, rights and privileges, that the Authority shall have quiet and peaceable possession, use and enjoyment of the Easement, rights and privileges, and that the Declarant, Its successors and assigns, shall execute such further assurances thereof as may be required. (g)In the event the Authority notifies the Declarant, or their successors or assigns, of a violation of the terms of this Easement and the Declarant, its successors and assigns, does not cure such violation within thirty (30) days of such notice, the Authority may take such action as necessary to cure such Violation, Including ingress and egress over any portion of the Property deemed necessary by the Authority to access the Easement Area or to enforce the Authority's rights hereunder. All costs and expenses Incurred by the Authority in exercising or enforcing its rights hereunder shall be paid or, at the Authority's election, reimbursed, by the Declarant, its successors and Q OD assigns, within thirty (30) days from the date the Declarant, its successors and assigns, receives a bill or invoice from the Authority for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. The Authority shall have the right to enforce the terms of this Easement by any remedy available at law or in equity. (h) If the Authority is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of this Easement, the Authority shall be awarded Its costs and expenses, including reasonable attorney fees. (i) The Declarant, Its successors and assigns, agrees that the agreements and covenants stated in this Section are not covenants personal to the Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. Storm Drainage Easements. The Declarant reserves unto the County, its successors and assigns, several variable width storm sewer easements, a twenty foot (201 storm sewer easement, and stormwater management easement identified on the Section Two Plat as "Storm Easement" and "20' Storm Easement" and "Stormwater Management Easement" which shall run with the land and be perpetual easements for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of stormwater and Its transmission through and across said Property of Declarant, said easements being more particularly bounded and described on the Section Two Plat The foregoing easements are subject to the following conditions where applicable: (a) All storm sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the County, Its successors and assigns. (b)The County and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the easements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land. (c) The County shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the County, at its own expense, shall restore, as nearly as possible, the premises to their original condition. Such restoration shall include the backfilling of trenches, the replacement of structures and other facilities located outside the easements, but shall not include the replacement of structures, trees and shrubs, or other facilities located within the easements. (d)The County shall have the right to demolish all paving, curbing, and/or guttering in the easements being conveyed, deemed by It to interfere with the proper and efficient construction, Installation, operation, and maintenance of said stormwater drainage lines and appurtenant facilities; provided, however, that the County, at its own expense, shall restore all non - Interfering paving, curbing, and/or guttering which are disturbed in any manner by the construction, operation, and maintenance of said stormwater drainage lines and appurtenant facilities. 0 (e) Declarant reserves the right to construct and maintain roadways over said easements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the County for the purposes named; provided however, that Declarant shall not erect any building or other structure, excepting a fence, on the easements without obtaining prior written approval of the County. (f) Declarant covenants that it Is seized of and has the right to convey said storm sewer easements, right and privileges, that the County shall have quiet and peaceable possession, use and enjoyment of the storm drainage easements, right and privileges, and that Declarant shall execute such further assurances thereof as may be required. (g) Declarant agrees that the agreements and covenants stated in this Deed are not covenants personal to Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. (h)The Individual lot owners shall be responsible for maintenance of storm drainage easements conveyed herein in accordance with the terms and conditions of this Declaration. WITNESS the following signatures and seals: FREEDOM MANOR, LLC, Declarant By: Da Hollid anager MONWEALTH OFtVIRGINIA OPCOUNTY OF W I ►.c:h.PJ��C'i , to -wit: Acknowledged before me this "i '- day off Z021, by David B. Holliday, Manager of Freedom Manor, LL , on behalf of said company. My commission pines: �2I ZZ Liu �1- Notary Publ Nancy Tlison Slnback NOTARY PUBLIC Commonwealth of virglnla g. My Commissiion#7292148 r=XPIres 12/31/2022 10 L FREDERICK COUNTY SANITATION AUTHORITY d/b/a FREDERICK WATER, G' 8y: Miel ad Va itn, Ajsls -.A+ hicersg.fC&A Er+rQrA r (printed name and title) COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Frederic.K ,. to -wit: Acknowledged before me this and day of S 2021, by M;c4-,&,0 ;VeO r, on behalf of Frederick County Sanitation Authority d/b/a Frederick Water. My commission expires: &'&. d '38, .2.,na 4 ———---------- JAMIE RUTH MILLER ta Nery Public Commonwealth of wrglnla ry Public Registration No. 7863139 My Commission Expires Jun 30, 2024 Builders Deed of Trust COMMONWEALTH OF VIRGINIA CITYX-GU P/-OF Wi'rc lY.d i.✓ , to -wit: Acknowledged before ine this I 4� day of � �, 2021, by Michael L. Bryan, Substi My commissic PHYLLIS M. NEWLIN NOTARY PUBLIC Commonwealth of Virginia Registration No., 130448 My Commission Expires 31 DAN RYAN- BUILDS - NTIC, LLC a Maryland limited, li Ility company BY: (printed name and title) ,AA of /' AYI&id VP AAuti a Arviemo-g GeWeNWEAff it, CrIY/COUNTY OF Ax�'994n ,, to -wit: Acjmowledged before me this y day of ��es' . 2021, by of�&W u�// on behalf of Dan Ry n Builders Mid -Atlantic, LLC, a Maryland limited liability company. My commission expires: Michele J . Keller NOTARY PUBLIC WASIiINOTON COUNTY WCOWASSION�EXPIRE52/13/25JN7v('Public SITE t Gdndstone Dr. Yoo to Cawelwood KINITY MAP SCALE. t" = 200V Z APAROVM BY �s�•� z SUBDIMSI DATE Il I 6 26ac FREDERIN WATER DATE n ADJOININC PROPFRTIFS (D PIN 641)-A-:3 PIN 64D-A-4 PIN 64D-A-5 PIN 64D-A-7 PROPERTY MANAGENIENI PROPERTY MANAGEMENT PROPERTY MANAGEMENI GARY:& DARLENE & DEVELOPMENT & DEVELOPMENT & DEVELOPMENT I GOOD, ET ALS INST. 130005277 INST. 130005277 INST. 130005277 INSTv 090005714 PIN 64D-A-W PIN 640-A-14 PIN 64D-A-10 PIN 64D-2-A-12 GARY & DARLENE FRANKLIN L. MYERS, SR. ASAKO WHITACRE RAYMOND SWAIN, JR. GOOD, ET ALS DS 592 PG 643 DB 81 PG 331 INST. 150002280 INST. 090005714 G7 � O VA*D83 p NOItTI{ ZONE yT47E {� rn ® ® ® GRAPHIC SCALE PIN 64D-2-A-11 PIN -64D-A-15 PIN 640-2=A=10 1 7F 1-W 3W RAYMOND SWAIN, JR. RAYMOND SWAIN, JR. ERIC W. PRATT INST. 15DO02280 INST. 150002260 MST. 070015057 1 Inch = 150% T(D ® ($J ® PIN 64D-A-12 PIN 64D-A-16 PIN 64-A-18 MADISON 3, LLC INST. 130007746 SHEET INDEX LOTS SHEET 101-105 5 106 5-5 107-111 6 112-115 6 & 11 116 7.10-11 117-118 7 & 10 119-123 10 124-128 8-9 OPEN SPACE L 6-8 OPEN SPACE M 5-12 FRANKLIN L. MYERS, SR. JAMES A, LAYTON DB 592 PG 683 DB 902 PG 1332 ORN BPACE m r � \ I �1IWESTWOOD CIRCLE w ey w I OP9i !PACE L rift- DAVID DRIVE ' \ 106 OPEN SPACE C FREEDOM MANOR 129 3 SECTION TWO z 142 I 101 I INST. 2DO004402 { 132 j 4 ..�♦ 62 I61_ 60 { 3 a 144 �E1AVIDDRfyE 134 vf• 145 160 FREEDOM MANOR TOWNHOUSES Q 167 IN SECTION TWO 3 63 137 INST, 200004403 1 FREEDOM MANOR t 1 6 1 j'—SECTION FIVE { INST. 210004881 141 152 _ 153 161 tO -^ I 64 MET'CALF TERRACE 65 01. PIN 63-A-124 1{^o ^l (^ .-^ I 66 Q EFG INVESTMENTS, LLC ` f DB 955 PG 724 KEY -MAP FINAL PLAT OF SUBDIVISION FREEDOM MANOR- TOWNHOUSES SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE. MAY 4, 2020 SCALE 1" = 150' SHEET 2'OF 12 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX .(546) 667-•04 i EMAIL offloe®mcrshondlegge.. om, 67 F P. Duane Brown lAc. No. 001285 , 44, $oho DRAWN BY. PDB/HBK DWG NAME: W10174-th-sec2 AREA SUMMARY LOT NUMBER AREA 101 3,000 SQ. FT. 102 2,000 SQ. FT. 103 2,000 SQ. FT. 104 2.000 SQ. FT. 105 3,000 SQ. FT. 106 3.000 SQ. FT. 107 2,000 SQ. FT. 108 2,000 SQ. FT. 109 2,000 SQ. FT. 110 2,000 SO. FT. 111 2,000 SQ. FT. 112 2.000 SQ. FT. 113 3,000 SO. FT. 114 3.000 SQ. FT. 115 2,000 SQ. FT. 116 2,000 SQ. FT. 117 2,000 SQ. FT. 101-116 39,000 SQ. FT. LOT NUMBER AREA 101-116 " 39,000 SO. FT. 118 2.000 SQ. FT. 119 2,000 SO. FT. 120 2,000 SO. FT. 121 3,000 SQ. FT. 1.22 3,000 SO. FT. 1:23 2,000 SQ. FT. 124 2,000 SQ. FT. 125 2,000 SQ. FT. 126 2,000 SQ. FT. 127 2,000 SO. FT. 128 3,000 SQ. FT. 101-128 64,000 SQ. FT. OPEN SPACE L 0.6231 ACRES M 4.0399 ACRES r7OTAL71 4.6630 ACRES AREA IN LOTS 14692 ACRES AREA IN OPEN SPACE 4.6630 ACRES AREA IN RIGHT-OF-WAY 0.5245 ACRES AREA IN PRIVATE STREET 0.5334 ACRES TOTAL AREA SUBDIVIDED 7.1901 ACRES NUMBER OF LOTS 28 AVERAGE LOT SIZE 2,286 SO. FT. MINIMUM LOT SIZE 2,000 SQ. FT. FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE MAY 4, 2020 1 1 SHEET 3 OF 12 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA .22601 PHONE (540) 667-0468 - FAX (540) 667-0469 -o c� 0 0 P. Duane Brown lAc. No. 001285 May4,20Z0 I DRAWN BY: PDB/HBK DWG NAME: id10174-th-sec2 CURVE TABLE CURVE DELTA RADIUS ARC TANGENT CHORD CHORD BEARING 1 27'06'26" 522.00' 246.96' 125.84' 244.67' N06'07'57"E 2 0716'03" 572.00' 72.55' 36.33' 72.50' N2399'12"E 3 43'51'01" 403.00' 308.43' 162.21' 300.96' N05'01'43"E 4 04'45'48" 547.00' 45.48' 22.75' 45.46' N17'18'16"E 5 0716'03" 547.00' 69.38' 34.74' 69.9 N23i9'12"E 6 43'51'01" 428.00' 327.56' 172.27' 319.63' N05'01'43"E 7 92'02'50" 50.00' 80.33' 51.82' 71.96' N5853'57"E 8 29'46'20" 100.00' 51.96' 26.58' 51.38' NO2'00738"W 9 90'00'00" 50.00' 78.54' 50.00' 70.71' N61'53'48"W 10 0716'03" 522.00' 66.21' 33.15 66.17' S2319'12"W 11 43'51'01" 453.00' 345.69' 182.34' 338.30' S05'01'43"W PRIVATE STREET CURVE DELTA RADIUS ARC TANGENT CHORD CHORD BEARING 12 50'30'41" 34.50' 30.41' 16.28' 29.44' N79'40'01"E 13 92'02'50" 62.50' 100.41' 64.77' 89.95' N5853'57E 14 29'46'20" 112.50' 58.46' 29.90' 57.80' NO2'00'38"W 15 90'00'00" 62.50' 98.17' 62.50' 88.39' N61'5S48"W 16 46*26'19" 34.50' 27.96' 14.80' 27.20' N83'40'38"W 17 43'26'36' 34.50' 26.16' 13.74' 25.54' N51'22'54"E 18 90'00'00" 37.50' 58.90' 37.50' 53.03' S61'53'48"E 19 90'00'00" 4.50' 7.07' 4.50' 6.36' S28'06'12'W 20 90'00'00' 4.50' 7.07' 4.50' 6.36' S6153'48'E 21 29'46'20' 87.50' 45.47' 23.26' 44.96' S02-00-38"E 22 90'00'00" 4.50' 7.07' 4.50' 6.36' S57'52'32"W 23 90'00!00" 4.50' 7.07' 4.50' 6.36' S32'07'28"E 24 92'02'50" 37.50' 60.24' 38.86' 53.91 S58'53'57"W 25 50'30'41" 34.50' 30.41' 16.28' 29.44' N49 49'18"W -o 0 NOTES 1.IRON RODS ARE TO BE SET AT ALL PROPERTY CORNERS NOT PREVIOUSLY MONUMENTED 2. EXISTING ZONING: RP (RESIDENTIAL PERFORMANCE) 3. EXISTING USE: VACANT 4. BRL DENOTES BUILDING RESTRICTION LINE 5. ALL EASEMENTS SHOWN ARE HEREBY CREATED 6. ALL PROPERTY OWNERS IN FREEDOM MANOR TOWNHOUSES ARE REQUIRED TO BELONG TO THE FREEDOM MANOR TOWNHOUSES HOME OWNERS ASSOCIATION. THE ASSOCIATION IS THE OWNER OF ALL OPEN SPACE AND PRIVATE STREETS/PARKING AREAS AND IS RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS. ALL PROPERTY OWNERS MUST PAY AN ANNUAL ASSESSMENT FOR THIS MAINTENANCE. THIS FEE AND ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRICTIONS AND COVENANTS RECORDED HEREWITH. FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 4, 2020 1 1 SHEET 4 OF 12 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0458 - FAX (540) 667--0469 EMAIL office®marshandlegge.com OF P. Duane Brown Lic. No. 001285 DRAWN BY: DWG NAME: id10174-th-sec2 OPEN SPACE M siv.- 4.0399 ACRES G 30. � DO' / c / ,CO/� sroa'u I 3,000 SQ. FT. I 77 I 1�o I LOT 104 o I 2,000) SQ. FT. N I ii —I— S Sg I LOT 103 I r N h I 2,000 SQ. FT. I k N 18 LOT 102 o col 1 2,000 SQ. FT. 1 N 77 _J IN RESS-EGRESSI EASEMENT LOT 101 1 1 3,000 SQ. FT. I e R L — Ia OJ Sk DAVlD DRIVE -50,aW GRAPHIC SCALE 0 16 30' 60' I Inch - 30 ft. -v �-7 NORTH Zp� sra3 0 G� o S197Z'13i 4140' SEE SHEET 4 FOR CURVE TABLE FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 4, 2020 1 SCALE: 1' - 30' 1 SHEET 5 OF 12 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER. VIRGINIA 22601 PHONE (540) 667-0468 - FAX (54D) 667-0468 EMAIL office0marshandlegge.comv. X.21' OF P. Duane Brown Lic. No. 001285 I�M4V 4, 202o �4 1) sIIRls��e DRAWN BY: DWG NAME: id10174-th-sec2 t- , SEE SHEET 11 OPEN SPACE M co �' h (�' / �4.0399 ACRES 0 wo CD �. c3' �' a // 0 0 / 20.00" cg 81 CV CV `v 9& /,pZ cam/ �c / / N c/ s2 �OQo; / / _ � / N125 32 /Lo N/2s226F2�-_ QQCjt�Yc��FBr� .2p0�'-1`�_0R"i/E4sEi,�._ y .� gTFs_ 691 OPEN SPACE L INGRESS -EGRESS EASEJLIENf \q� 0.6231 ACRES ©� \ N35'07'30'E 68.07' � 1 FREDERICK WATER EASEMENT' V OPEN •' /�; a SPACE J ®� V ` • `''/ /� '/ L oQ LOT 142 GRAPHIC SCALE LOT 143 0 115 T 60, /I ' I N DAl MpRWE-,RIW 1 inch - 301L SEE SHEET 4 FOR CURVE TABLE FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES' SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 4. 2020 1 SCALE: 1" = 30' 1 SHEET 6 OF 12 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER. VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®morshondlegge.com ITH P. Duane Brown Lic. No. 001285 Mayo, 0020lk L-4*1)SUIL0 e) DRAWN BY: DWG NAME: idl0174-th-sec2 OPEN SPACE M� SEE SHEET 10 / zp t . (Torq� c 4.0399 ACRES �' � Jw- r vq N4D 8 _ _ / /l , / ?Q Op' J, r. NORiN IONF jA7F GF4D N 10 1 // 0 / / / T \ \ ?p �• W N I � I a/ I STOR EASEMENT-7 4- Lo V, �O' cV N1G53'48p5.12 / `~ / N 0 ,N h _ a� 160.OD T TAL E g:82�, / �s`e� \ cv /o N1G5348 12.5' (TYP.) / �� /� N1fi5348� 79.83' �3�� '` 4, 3.41' ,3Ntrs?O p�; / B• �� � rN00'44'05'ty 47'-" 441, i N1T3'S8 .54� ?f?co � 664.06 o)�) W N OPEN SPACE L ?62.00• _W 0.6231 ACRES A'334.74' INGRESS EGRESS EASEMENT _ DAllDQqjVe OPEN SPACE K z OPEN SPACE J LOT 129 m GRAPHIC SCALE j FREEDOM MANOR TOWNHOUSES 0 15' 3W 60, SECTION TWO \ LOT 130 INST. 200004403 1 inch = ft. I— SEE SHEET 4 FOR CURVE TABLE, FINAL PLAT OF SUBDIVISION LTB Op"yr� FREEDOM MANOR TOWNHOUSES 0N SECTION TWO��� ; SHAWNEE MAGISTERIAL DISTRICT P. Duane Brown FREDERICK COUNTY, VIRGINIA lAc. No. 001285 May 4-, P,oxo DATE: MAY 4, 2020 SCALE: 1' 30' SHEET 7 OF 12 tq�D SUlutl Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER. VIRGINIA 22601 DRAWN BY. PDB/HBK PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandleace.com DWG NAME: Id10174-th-sec2 SEE SHEET 9 j OPEN SPACE M � 160.00' �TOTAI) N°sr►+ zaue� r l OW 4.0399 ACRES s16; — 7�71 .00' 20•�' �r Fvoo!306 20 9ftL — -- I ` I zl i N Nf Nr 0. ,.o�'�w I ' 11` CA �ylv 11 to 1 $ 0 1 I J I 114__' 9' mP'� - .55 48"'N -0�'_ ' �Q QQ 77 OTAL 16 1G53 48 160.00 79.83' 1 N Ate) N1T37�58"W 100 57 PIN 64—A-18� MADISON II. LLC INST. 13000774s FREDERICK WATER EASEMENF (n,P. ") 1 I h; � �� 4 4---INGRESS-EGRESS EASEMENT OPEN SPACE L 0.6231 ACRES J`. .A=334.74' $ , —©— 1021 _ �+ L <r . 1 50.00 N165S 8N 60.00 DAVID DRIVE ~ 50' RNV OPEN SPACE K GRAPHIC SCALE N�o FREEDOM MANOR TOWNHOUSES 0 If 30' 60' SECTION TWO INST. 200004403 1 Inch = 3O % SEE SHEET 4 FOR CURVE TABLE LOT 129 FINAL PLAT OF SUBDIVISION OF Yr FREEDOM MANOR TOWIVOUSES: SECTION TWO �Aoll-.�...,.� SHAWNEE MAGISTERIAL DISTRICT P. Duane Brown i=REDERICK COUNTY, VIRGINIA Uc. No. 001285 DATE: MAY 4, 2020 SCALE: 1" 30',, : SHEET Z OF 12 D t'fA 9Vit��'��4 Marsh- & Legge Lands Surveyors, ;P.L.C.. 560 NORTH LOUDOUN STREET - WINCHESTER, � VIRQNIA 22601 DRAWN BY: PDB/HBK r: PHONE (540) 667-0468 — FAX: (fi40) EMAIL offtce®marshandleggacom ay,,l DWG NAME: id10174—th—sec2 PIN 640-A-4 PIN 64D-A-5 PIN 64D-A-3 PROPERTY MANAGEMENT L�7 & DEVELOPMENT PROPERTY MANAGEMEN k DEVELOPMENT INST. 130005277 282. , r INST. 13OW5277 pN o n o �~ N t ' �� A�4Cil{IE OPEN SPACE M 4.0399 ACRES $1 fi 55 � E 2p.00' 20.00' �r _ Op, 2p.00 30 p0• 20• � _ 20 I 17- r —LICp ia� PIN 64-A-18 MADISON 3, LLC — — INST. 130007746 i io j $ M.. 1 INGRESS-LEGRESS MENT SEE SHEET 4 FOR CURVE TALE I I 1 1 GRAPHIC SCALE N 8' (TYP)z0-@7 " o ts' 30' so' I I 30.opN1553 48 160.00 �9.83' I ; N1553' 44 1 Inch = 30 ft. 1 I I SEE SHEET 6 FINAL PLAT OF SUBDIVISION TH OF FREEDOM MANOR TOWNHOUSES SECTION TWO SHAWNEE MAGISTERIAL DISTRICT (�P.ueBrownuane BrovrnFREDERICK COUNTY, VIRGINIA No. 001285 ay 4, AM4DATE: MAY 4, 2020 SCALE. 1" = 30' SHEET 9 OF 12D Marsh & Legge Land Surveyors,, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, VIRONIA;22601 DRAWN BY: PDB/HBK PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL offlce®morshondleoge.com : ; _ DWG NAME: id10174—th—sec2 o$ PIN 64D—A-7 GARY & DARLENE GOOD, ET ALS INST. 090005714 A'C .mW GRAPHIC SCALE 0 15' 30' 60' 1 inch = 30 fL W W N PIN 64D—A-8 GARY & DARLENE GOOD, ET ALS INST. 090005714 �. WICIIVE mU — 20' ACi1VE BIIFM OPEN SPACE M 4.0399 ACRES I PIN 64D—A-14 FRANKLIN L. MYERS, SR. A I DB 592 PG 643 NORTH ZONi A81E ( � I 160A0' �TOSAL) $16 S3' 48"E — 30.00' r2ll-l 1 00 31?5?, 00 0000, 0 0, ZZAA, GO /Ict) cr 1 z, s1 .► I 1 / I CVr O A, � ^° $ STORM IEASEMENT- f 7-- _ 8' (TV.)r r^ V ^ �� � $ - { / v = �4QO-- O T� - p�•-_ —INGR -EGREE EASEMENT ' �ryy 160.0 ?p �; Ty1653'�"W N7?S?� SEE SHEET 4 FOR,,CURVE TABLE SEE SHEET, FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 4, 2020 1 SCALE: 1" = 30' 1 SHEET 10 OF 12 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - NANCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL of mftdrshandleaae.com a P. Duane Brown Lic. No. 001285 May 4, 8oso DWG NAME: id10174-th-sea2 �r PIN 64D-A-14 I APIN 6 -A-1RE FRANKLIN L MYERS, SR. I �i Y �� NO" Zft SATE 'a DB 592 PG 643 I DB 81 PG 331 I 72'JUgl, PIN 640-A-12 FRANKLIN L. MYERS, SR. DB 592``PG 683y�N GRID a O p ��M i. 217,6' c ^ •, Wm //— 2T ALINE W«U1 —/ r�.r�.. r�rrr�rrrrrrr����rrrrrr--�- r�rr-rrrrrrrrrrr � N y N OPEN SPACE M 4.0399 ACRES kl , .20�0� 200p, o c4 GRAPHIC SCALE 0 15' 30' 60' Jo SJr / ro j� / S23?�, 1 Inch = 301t 2000, AOVT TgCJ CV / O° C) SEE MEET 6 FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES'' SECTION TWO SHAWNEE MAGISTERIAL DISTRICT gip`"" P. Duane Brows FREDERICK COUNTY, VIRGINIA Lic. No. 001285 Moy4, Yo�to DATE: MAY 4, 2020 SCALE: 1" 30' SHEET 11 OF 12 t�A'D suRv��o4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — MBNCHESTER, VIRGINIA 22601 DRAWN BY. PDB/HBK W7 PHONE (540) 667-0468 - FAX (540) 667—D469 EMAIL offrce®marshandleaae.com DWG NAME: id10174—th—sec2 NOR►1f �VA � �3iY iNNCINE PIN 64D—A-12 FRANKUN L MYERS, SR. OB 592 PG 683 OPEN SPACE M tli t1' 4.0399 ACRES tt t t 1 1 it !t t t � t t \ / GRAPHIC SCALE ' 0 60' 1 bxh 301E I C I C7 I-J PIN 64D—A-15 RAYMONI SWAIN, JR. INST. 150002280 I ( � So ERA SEE SEET 5 � FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 4, 2020 SCALE: 1 ° = 30' SHEET 12 OF 12 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-046B N FAX (540) 667-0469 EMAIL office®marshandiegge.com i PIN 64D-2—A-12 RAYMOND SWAIN, JR. INST. 150002280 PIN 64D-2—A-11 RAYMOND SWAIN, JR. INST. 150DO2280 PIN 640-2-A-10 ERIC W. PRATI INST. 070015057 Op P. Duane Brown Lie. No. 001285 May 4, s' a DRAWN BY: PDB/HBK DWG NAME: id10174-th-sec2 VIRGiNIA: SICKCOUMySCr rh' lnstrumeniafwdtiPIMPraducedtomeon and w1t1� rg,{�(;�wenttlp wabadmf��preaDra. rax�mpoaedbvSec.58.i,902of $z artdsgl-i01hmbeenp*d tfa bie. , C" Freedom Section 5 Plats 10 Single Family Lots bik Dave Hollidav Construction, 1— April 26, 2021 Candice Perkins, AICP Deputy Director Department of Planning and Development Frederick County 107 North Kent Street Winchester, VA 22601 RECEIVED FREDERIC U LgNNING AND COUNTY DEVELOPMENT RE: Freedom Manor —Transfer of Development Rights (TDR); Sections 4 and 5 Dear Candice, As you know, the approved proffer statement for Freedom Manor permits the use of TDR's in lieu of monetary proffers. Specifically, Proffer 5.1 of the approved proffer statement reads as follows: 5. Option for use of Transfer of Development Rights Ordinance 5.1 In lieu of the per unit monetary contribution as provided for by Proffer 4.1, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed 300 dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments shall remain applicable to such dwelling units. To date, we have provided for 91 TDR's at Freedom Manor through Instruments 170007328, 200013138, and 200013139, as provided to your office previously. We are now designating TDR's to all lots within Sections 4 and 5. The newly recorded Deeds of Quitclaim and Extinguishment of Development Rights (Instruments 210006893, 210006895, and 210006897) provide for an additional 49 development rights for the project and are attached for reference. The 140 TDR's now on record will cover all lots within Freedom Manor. The attached spreadsheet allocates TDR's to lots within Sections 4 and 5. The only remaining lots to allocate TDR's will be for the final section of townhomes and we will provide one final letter and spreadsheet covering those 28 lots once the lots are on record. If you have any questions or would like to discuss further, please feel free to contact me at (540) 336-3333. Sincerely, Patrick Sowers Director of Land Development 420 W. Jubal Early Drive, Suite 103 • Winchester, VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 Freedom Manor - TDR Assianment by Lot Revision Date: 4/26/21 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Sources 1 33 SFD Inst #170007328 1 29 1 34 SFD Inst #170007328 1 28 1 35 SFD Inst #170007328 1 27 1 78 SFD Inst #170007328 1 26 1 79 SFD Inst #170007328 1 25 1 80 SFD Inst #170007328 1 24 1 81 SFD Inst #170007328 1 23 1 82 SFD Inst #170007328 1 22 3 36 SFD Inst #170007328 1 21 3 37 SFD Inst #170007328 1 20 3 38 SFD Inst #170007328 1 19 3 43 SFD Inst #170007328 1 18 3 44 SFD Inst #170007328 1 17 3 45 SFD Inst #170007328 1 16 3 46 SFD Inst #170007328 1 15 3 47 SFD Inst #170007328 1 14 3 48 SFD Inst #170007328 1 13 3 49 SFD Inst #170007328 1 12 3 50 SFD Inst #170007328 1 11 3 51 SFD Inst #170007328 1 10 3 52 SFD Inst #170007328 1 9 3 53 SFD Inst #170007328 1 8 3 54 SFD Inst #170007328 1 7 3 55 SFD Inst #170007328 1 6 3 56 SFD Inst #170007328 1 5 2 58 SFD Inst #170007328 1 4 2 59 SFD Inst #170007328 1 3 2 73 5FD Inst #170007328 1 2 2 74 SFD Inst #170007328 1 1 2 75 SFD Inst #170007328 1 0 2 76 SFD Inst #200013138 1 29 2 77 SFD Inst #200013138 1 28 2 57 SFD Inst #200013138 1 27 2 60 SFD Inst #200013138 1 26 2 61 SFD Inst #200013138 1 25 2 62 SFD Inst #200013138 1 24 TH Sec 1 129 TH Inst #200013138 2/3 231/3 TH Sec 1 130 TH Inst #200013138 2/3 22 2/3 TH Sec 1 131 TH Inst #200013138 2/3 22 TH Sec 1 132 TH Inst #200013138 2/3 21 1/3 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Sources TH Sec 1 133 TH Inst #200013138 2/3 20 2/3 TH Sec 1 134 TH Inst #200013138 2/3 20 TH Sec 1 135 TH Inst #200013138 2/3 191/3 TH Sec 1 136 TH Inst #200013138 2/3 18 2/3 TH Sec 1 137 TH Inst #200013138 2/3 18 TH Sec 1 138 TH Inst #200013138 2/3 171/3 TH Sec 1 139 TH Inst #200013138 2/3 16 2/3 TH Sec 1 140 TH Inst #200013138 2/3 16 TH Sec 1 141 TH Inst #200013138 2/3 15 1/3 TH Sec 1 142 TH Inst #200013138 2/3 14 2/3 TH Sec 1 143 TH Inst #200013138 2/3 14 TH Sec 1 144 TH Inst #200013138 2/3 13 1/3 TH Sec 1 145 TH Inst #200013138 2/3 12 2/3 TH Sec 1 146 TH Inst #200013138 2/3 12 TH Sec 1 147 TH Inst #200013138 2/3 11 1/3 TH Sec 1 148 TH Inst #200013138 2/3 10 2/3 TH Sec 1 149 TH Inst #200013138 2/3 10 TH Sec 1 ISO TH Inst #200013138 2/3 91/3 TH Sec 1 151 TH Inst #200013138 2/3 8 2/3 TH Sec 1 152 TH Inst #200013138 2/3 8 TH Sec 1 153 TH Inst #200013138 2/3 7 1/3 TH Sec 1 154 TH Inst #200013138 2/3 6 2/3 TH Sec 1 155 TH Inst #200013138 2/3 6 TH Sec 1 156 TH Inst #200013138 2/3 51/3 TH Sec 1 157 TH Inst #200013138 2/3 4 2/3 TH Sec 1 158 TH Inst #200013138 2/3 4 TH Sec 1 159 TH Inst #200013138 2/3 31/3 TH Sec 1 160 TH Inst #200013138 2/3 2 2/3 TH Sec 1 161 TH Inst #200013138 2/3 2 TH Sec 1 162 TH Inst #200013138 2/3 1 1/3 TH Sec 1 163 TH Inst #200013138 2/3 2/3 TH Sec 1 164 TH Inst #200013138 2/3 0 TH Sec 1 165 TH Inst #200013139 2/3 301/3 TH Sec 1 166 TH Inst #200013139 2/3 29 2/3 TH Sec 1 167 TH Inst #200013139 2/3 29 TH Sec 1 168 TH Inst #200013139 2/3 281/3 TH Sec 1 169 TH Inst #200013139 2/3 27 2/3 TH Sec 1 170 TH Inst #200013139 2/3 27 TH Sec 1 171 TH Inst #200013139 2/3 261/3 TH Sec 1 172 TH Inst #200013139 2/3 25 2/3 TH Sec 1 173 TH Inst #200013139 2/3 25 TH Sec 1 174 TH Inst #200013139 2/3 24 1/3 TH Sec 1 175 TH Inst #200013139 2/3 23 2/3 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Sources TH Sec 1 176 TH Inst #200013139 2/3 23 TH Sec 1 177 TH Inst #200013139 2/3 22 1/3 TH Sec 1 178 TH Inst #200013139 2/3 212/3 TH Sec 1 179 TH Inst #200013139 2/3 21 TH Sec 1 180 TH Inst #200013139 2/3 201/3 TH Sec 1 181 TH Inst #200013139 2/3 19 2/3 TH Sec 1 182 TH Inst #200013139 2/3 19 TH Sec 1 183 TH Inst #200013139 2/3 181/3 TH Sec 1 184 TH Inst #200013139 2/3 17 2/3 TH Sec 1 185 TH Inst #200013139 2/3 17 TH Sec 1 186 TH Inst #200013139 2/3 161/3 TH Sec 1 187 TH Inst #200013139 2/3 15 2/3 Sec 4 1 SFD Inst #200013139 1 14 2/3 Sec 4 2 SFD Inst #200013139 1 13 2/3 Sec 4 3 SFD Inst #200013139 1 12 2/3 Sec 4 4 SFD Inst #200013139 1 112/3 Sec 4 5 SFD Inst #200013139 1 10 2/3 Sec 4 6 SFD Inst #200013139 1 9 2/3 Sec 4 7 SFD Inst #200013139 1 8 2/3 Sec 4 8 SFD Inst #200013139 1 7 2/3 Sec 4 9 SFD Inst #200013139 1 6 2/3 Sec 4 10 SFD Inst #200013139 1 5 2/3 Sec 4 11 SFD Inst #200013139 1 4 2/3 Sec 4 12 SFD Inst #200013139 1 3 2/3 Sec 4 13 SFD Inst #200013139 1 2 2/3 Sec 4 14 SFD Inst #200013139 1 12/3 Sec 15 SFD Inst#200013139 1 2/3 Sec 4 16 SFD Inst #210006893 1 112/3 Sec 4 17 SFD Inst #210006893 1 10 2/3 Sec 4 18 SFD Inst #210006893 1 9 2/3 Sec 4 19 SFD Inst #210006893 1 8 2/3 Sec 4 20 SFD Inst #210006893 1 7 2/3 Sec 4 21 SFD Inst #210006893 1 6 2/3 Sec 4 22 SFD Inst #210006893 1 5 2/3 Sec 4 23 SFD Inst #210006893 1 4 2/3 Sec 4 24 SFD Inst #210006893 1 3 2/3 Sec 4 25 SFD Inst #210006893 1 2 2/3 Sec 4 26 SFD Inst #210006893 1 12/3 Sec 4 27 SFD Inst #210006893 1 2/3 Sec 4 28 SFD Inst #210006895 1 27 2/3 Sec 4 29 SFD Inst #210006895 1 26 2/3 Sec 4 30 SFD Inst #210006895 1 25 2/3 Sec 4 31 SFD Inst #210006895 1 24 2/3 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Source Sec 4 32 SFD Inst #210006895 1 23 2/3 Sec 4 39 SFD Inst #210006895 1 22 2/3 Sec 4 40 SFD Inst #210006895 1 212/3 Sec 4 41 SFD Inst #210006895 1 20 2/3 Sec 4 42 SFD Inst #210006895 1 19 2/3 Sec 5 63 SFD Inst #210006895 1 18 2/3 Sec 5 64 SFD Inst #210006895 1 17 2/3 Sec 5 65 SFD Inst #210006895 1 16 2/3 Sec 5 66 SFD Inst #210006895 1 15 2/3 Sec 5 67 SFD Inst #210006895 1 14 2/3 Sec 5 68 SFD Inst #210006895 1 13 2/3 Sec 5 69 SFD Inst #210006895 1 12 2/3 Sec 5 70 SFD Inst #210006895 1 112/3 Sec 5 71 SFD Inst #210006895 1 10 2/3 Sec 5 72 SFD Inst #210006895 1 1 9 2/3 TDR Source Documents Total TDR's Inst #170007328 30 Inst #200013138 30 Inst #200013139 31 Inst #210006893 12 Inst #210006895 28 Inst #210006897 9 Freedom Manor - TDR Assignment by Lot Revision Date: 4/26/21 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Sources 1 33 SFD Inst#170007328 1 29 1 34 SFD Inst#170007328 1 28 1 35 SFD Inst#170007328 1 27 1 78 SFD Inst#170007328 1 26 1 79 SFD Inst#170007328 1 25 1 80 SFD Inst#170007328 1 24 1 81 SFD Inst #170007328 1 23 1 82 SFD Inst #170007328 1 22 3 36 SFD Inst #170007328 1 21 3 37 SFD Inst#170007328 1 20 3 38 SFD Inst #170007328 1 19 3 43 SFD Inst #170007328 1 18 3 44 SFD Inst #170007328 1 17 3 45 SFD Inst #170007328 1 16 3 46 SFD Inst #170007328 1 15 3 47 SFD Inst #170007328 1 14 3 48 SFD Inst #170007328 1 13 3 49 SFD Inst #170007328 1 12 3 50 SFD Inst#170007328 1 11 3 51 SFD Inst #170007328 1 10 3 52 SFD Inst #170007328 1 9 3 53 SFD Inst #170007328 1 8 3 54 SFD Inst #170007328 1 7 3 55 SFD Inst #170007328 1 6 3 56 SFD Inst #170007328 1 5 2 58 SFD Inst #170007328 1 4 2 59 SFD Inst #170007328 1 3 2 73 SFD Inst#170007328 1 2 2 74 SFD Inst #170007328 1 1 2 75 SFD Inst#170007328 1 0 2 76 SFD Inst #200013138 1 29 2 77 SFD Inst #200013138 1 28 2 57 SFD Inst #200013138 1 27 2 60 SFD Inst#200013138 1 26 2 61 SFD Inst #200013138 1 25 2 62 SFD Inst #200013138 1 24 TH Sec 1 129 TH Inst #200013138 2/3 23 1/3 TH Sec 1 130 TH Inst #200013138 2/3 22 2/3 TH Sec 1 131 TH Inst #200013138 2/3 22 TH Sec 1 132 TH Inst #200013138 2/3 21 1/3 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Sources TH Sec 1 133 TH Inst #200013138 2/3 20 2/3 TH Sec 1 134 TH Inst #200013138 2/3 20 TH Sec 1 135 TH Inst #200013138 2/3 191/3 TH Sec 1 136 TH Inst #200013138 2/3 18 2/3 TH Sec 1 137 TH Inst #200013138 2/3 18 TH Sec 1 138 TH Inst #200013138 2/3 17 1/3 TH Sec 1 139 TH Inst #200013138 2/3 16 2/3 TH Sec 1 140 TH Inst #200013138 2/3 16 TH Sec 1 141 TH Inst #200013138 2/3 15 1/3 TH Sec 1 142 TH Inst #200013138 2/3 14 2/3 TH Sec 1 143 TH Inst #200013138 2/3 14 TH Sec 1 144 TH Inst #200013138 2/3 13 1/3 TH Sec 1 145 TH Inst #200013138 2/3 12 2/3 TH Sec 1 146 TH Inst #200013138 2/3 12 TH Sec 1 147 TH Inst #200013138 2/3 11 1/3 TH Sec 1 148 TH Inst #200013138 2/3 10 2/3 TH Sec 1 149 TH Inst #200013138 2/3 10 TH Sec 1 150 TH Inst #200013138 2/3 9 1/3 TH Sec 1 151 TH Inst #200013138 2/3 8 2/3 TH Sec 1 152 TH Inst #200013138 2/3 8 TH Sec 1 153 TH Inst #200013138 2/3 7 1/3 TH Sec 1 154 TH Inst #200013138 2/3 6 2/3 TH Sec 1 155 TH Inst #200013138 2/3 6 TH Sec 1 156 TH Inst #200013138 2/3 5 1/3 TH Sec 1 157 TH Inst #200013138 2/3 4 2/3 TH Sec 1 158 TH Inst #200013138 2/3 4 TH Sec 1 159 TH Inst #200013138 2/3 3 1/3 TH Sec 1 160 TH Inst #200013138 2/3 2 2/3 TH Sec 1 161 TH Inst #200013138 2/3 2 TH Sec 1 162 TH Inst #200013138 2/3 1 1/3 TH Sec 1 163 TH Inst #200013138 2/3 2/3 TH Sec 1 164 TH Inst #200013138 2/3 0 TH Sec 1 165 TH Inst #200013139 2/3 301/3 TH Sec 1 166 TH Inst #200013139 2/3 29 2/3 TH Sec 1 167 TH Inst #200013139 2/3 29 TH Sec 1 168 TH Inst #200013139 2/3 28 1/3 TH Sec 1 169 TH Inst #200013139 2/3 27 2/3 TH Sec 1 170 TH Inst #200013139 2/3 27 TH Sec 1 171 TH Inst #200013139 2/3 26 1/3 TH Sec 1 172 TH Inst #200013139 2/3 25 2/3 TH Sec 1 173 TH Inst #200013139 2/3 25 TH Sec 1 174 TH Inst #200013139 2/3 24 1/3 TH Sec 1 175 TH Inst #200013139 1 2/3 1 23 2/3 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Sources TH Sec 1 176 TH Inst #200013139 2/3 23 TH Sec 1 177 TH Inst #200013139 2/3 22 1/3 TH Sec 1 178 TH Inst #200013139 2/3 212/3 TH Sec 1 179 TH Inst #200013139 2/3 21 TH Sec 1 180 TH Inst #200013139 2/3 201/3 TH Sec 1 181 TH Inst #200013139 2/3 19 2/3 TH Sec 1 182 TH Inst #200013139 2/3 19 TH Sec 1 183 TH Inst #200013139 2/3 181/3 TH Sec 1 184 TH Inst #200013139 2/3 17 2/3 TH Sec 1 185 TH Inst #200013139 2/3 17 TH Sec 1 186 TH Inst #200013139 2/3 161/3 TH Sec 1 187 TH Inst #200013139 2/3 15 2/3 Sec 4 1 SFD Inst #200013139 1 14 2/3 Sec 4 2 SFD Inst #200013139 1 13 2/3 Sec 4 3 SFD Inst #200013139 1 12 2/3 Sec 4 4 SFD Inst #200013139 1 11 2/3 Sec 4 5 SFD Inst #200013139 1 10 2/3 Sec 4 6 SFD Inst #200013139 1 9 2/3 Sec 4 7 SFD Inst #200013139 1 8 2/3 Sec 4 8 SFD Inst #200013139 1 7 2/3 Sec 4 9 SFD Inst #200013139 1 6 2/3 Sec 4 10 SFD Inst #200013139 1 5 2/3 Sec 4 11 SFD Inst #200013139 1 4 2/3 Sec 4 12 SFD Inst #200013139 1 3 2/3 Sec 4 13 SFD Inst #200013139 1 2 2/3 Sec 4 14 SFD Inst #200013139 1 12/3 Sec 15 SFD Inst#200013139 1 2/3 Sec 4 16 SFD Inst #210006893 1 11 2/3 Sec 4 17 SFD Inst #210006893 1 10 2/3 Sec 4 18 SFD Inst #210006893 1 9 2/3 Sec 4 19 SFD Inst #210006893 1 8 2/3 Sec 4 20 SFD Inst #210006893 1 7 2/3 Sec 4 21 SFD Inst #210006893 1 6 2/3 Sec 4 22 SFD Inst #210006893 1 5 2/3 Sec 4 23 SFD Inst #210006893 1 4 2/3 Sec 4 24 SFD Inst #210006893 1 3 2/3 Sec 4 25 SFD Inst #210006893 1 2 2/3 Sec 4 26 SFD Inst #210006893 1 1 2/3 Sec 4 27 SFD Inst #210006893 1 2/3 Sec 4 28 SFD Inst #210006895 1 27 2/3 Sec 4 29 SFD Inst #210006895 1 26 2/3 Sec 4 30 SFD Inst #210006895 1 25 2/3 r--:Sec 4-1 31 i SFD Inst #210006895 1 24 2/3 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Source Sec 4 32 SFD Inst #210006895 1 23 2/3 Sec 4 39 SFD Inst #210006895 1 22 2/3 Sec 4 40 SFD Inst #210006895 1 212/3 Sec 4 41 SFD Inst #210006895 1 20 2/3 Sec 4 42 SFD Inst #210006895 1 19 2/3 Sec 5 63 SFD Inst #210006895 1 18 2/3 Sec 5 64 SFD Inst #210006895 1 17 2/3 Sec 5 65 SFD Inst #210006895 1 16 2/3 Sec 5 66 SFD Inst #210006895 1 15 2/3 Sec 5 67 SFD Inst #210006895 1 14 2/3 Sec 5 68 SFD Inst #210006895 1 13 2/3 Sec 5 69 SFD Inst #210006895 1 12 2/3 Sec 5 70 SFD Inst #210006895 1 112/3 Sec 5 71 SFD Inst #210006895 1 10 2/3 Sec 5 72 SFD Inst #210006895 1 9 2/3 TDR Source Documents Total TDR's Inst #170007328 30 Inst #200013138 30 Inst #200013139 31 Inst #210006893 12 Inst#210006895 28 Inst #210006897 9 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 March 18, 2021 Marsh & Legge Land Surveyors, P.L.C. Attn: P. Duane Brown, LS 560 N. Loudoun St. Winchester, VA 22601 RE: Plats Freedom Manor Section 5 Property Identification Number (PIN):64-A-23 Dear Mr. Brown: This letter is to confirm that the plats for Freedom Manor Section 5 were approved for ten (10) single-family detached cluster lots. Enclosed is two (2) copies of the plats for your records and distribution. Please return a copy of the recorded plats to this office. Should you have any questions, to call me at (540) 665-5651. Sincerely, i Mark R. Cheran Zoning Administrator MRC/pd cc: David D. Stegmaier, Shawnee Board of Supervisor H. Paige Manuel, and Elizabeth Kozel Planning Commissioner GIS Commissioner of Revenue Jane Anderson 107 North Kent Street 9 Winchester, Virginia 22601-5000 .1 8 FILE COPY HIS SUPPLEMENTAL DEED OF DEDICATION AND DECLARATION OF COVENANTS, CON ITIONS, andRESTRICTIONS is made and dated this �RJ day of 2020, by and between FREEDOM MANOR, LLC, a Virginia limited liability company, party of the first part, hereinafter called the "Declarant"; FREEDOM MANOR HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock corporation, party of the second part, hereinafter called the "Association"; the COUNTY OF FREDERICK, VIRGINIA, party of the third part, hereinafter called the "County", MICHAEL L. BRYAN, Trustee, party of the fifth part, hereinafter called "Bryan", FIRST BANK, party of the sixth part, hereinafter called `First Bank"; MICHAEL L. BRYAN, Trustee, party of the seventh part, hereinafter called "Substitute Trustee"; and DAN RYAN BUILDERS MID -ATLANTIC, LLC, a Maryland limited liability company, party of the eighth part, hereinafter called "Dan Ryan Builders". WHEREAS, the Declarant caused to be recorded a certain Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions for Freedom Manor, Section One (the "Original Deed of Dedication and Declaration'), which is recorded among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 190004229; and, WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that certain final plat drawn by P. Duane Brown, L.S., dated June 29, 2020, entitled "FINAL PLAT OF SUBDIVISION, FREEDOM MANOR, SECTION FIVE", (the "Section Five Plat') which final plat is attached hereto and incorporated herein by reference as if set out in full, which is a portion of the property conveyed to the Declarant by that certain deed dated June 10, 2016 from Shen -Valley Land Holdings, LLC, a Virginia limited liability company, which deed is of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 160005456; and, WHEREAS, the Declarant desires to subdivide said real estate, as shown on the aforesaid attached Section Five Plat, into lots for the construction of dwelling units thereon, and the above -referenced Section Five 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 green space, sanitary sewer and water easements, stormwater, utility, trail, and ingress -egress easements, all of which shall constitute a portion of that development known as Freedom Manor, and which i common areas shall be owned and/or maintained by Freedom Manor Homeowners Association, Inc. (the "Association's upon the terms and conditions set forth hereinafter; and WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Freedom Manor, Section Five, and the subdivision of said real estate is with the free consent and in accordance with the desires of the undersigned Declarant which further desires to subdivide the aforesaid real estate in accordance with the provisions of Virginia law, including but not limited to the Property Owners' Association Act (Va. Code § 55-508 et seq.), including any successor statute, as are applicable and in force and effect as of the date of execution of this Supplemental Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions; and WHEREAS, the Declarant desires to convey Open Space Parcels N and 0 as shown on the aforesaid attached Section Five Plat, to the Association; WHEREAS, the Declarant desires to make the lots created by this Supplemental Deed of Dedication subject to the same restrictive covenants contained in the Original Deed of Dedication and Declaration and part of the Association according to the same terms set forth therein; WHEREAS, the property subject to this Supplemental Deed of Dedication and Declaration of Covenants, Conditions is subject to the lien of a Deed of Trust dated June 16, 2016, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 160005457, given to secure First Bank the indebtedness described therein (the "First Bank Deed of Trust'), and First Bank, beneficiary under the aforesaid Deed of Trust, consents to the terms of this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions and hereby directs Bryan, as Deed of Trust Trustee, to join herein to subordinate the lien of the aforesaid First Bank Deed of Trust to this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions and to release from the First Bank Deed of Trust all of the public streets and easements dedicated by this Supplemental Deed of Dedication; and WHEREAS, the property is subject to the lien of a Deed of Trust dated June 27, 2018, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 180006622, 2 securing a loan in favor of Dan Ryan Builders (the "Dan Ryan Builders Deed of Trust'); and WHEREAS, Michael L. Bryan was appointed as Substitute Trustee for the Dan Ryan Builders Deed of Trust pursuant to the Substitution of Trustee dated June 11, 2020, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 200007104 and Dan Ryan Builders, beneficiary under the aforesaid Deed of Trust, consents to the terms of this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions and hereby directs Michael L. Bryan, as Deed of Trust Substitute Trustee, to join herein to subordinate the lien of the Dan Ryan Builders Deed of Trust to this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions; and Trustee Bryan joins in this instrument to evidence his consent thereto and to release the rights -of -way and easements created by this Supplemental Deed of Dedication from the First Bank Deed of trust and the Dan Ryan Builders Deed of Trust and to subordinate the lien of the aforesaid Deeds of Trust to this Supplemental Deed of Dedication as more fully set forth hereinafter. NOW, THEREFORE, THIS SUPPLEMENTAL DEED OF DEDICATION AND DECLARATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Deed, the Declarant does hereby subdivide that portion of the property depicted on the attached Section Five Plat containing 3.4221 acres into lots and parcels to be known as Lots 63 through 72, inclusive, and Open Space Parcels N and 0, as well as public street right of way, Section Five, Freedom Manor in accordance with the Section Five Plat attached hereto and incorporated herein by reference as if set out in full. The Declarant does hereby grant and convey to the Association, in fee simple, Open Space Parcels N and 0, as shown on the attached Section Five Plat. The Declarant does hereby dedicate unto the County, as public streets for public use, those certain roadways, containing 0.4289 acres in Section Five, Freedom Manor as depicted on the Section Five Plat attached hereto and incorporated herein by reference as if set out in full. 3 The real estate herein divided shall further be subject to the 12' trail easements, storm easements, and all other easements shown on the attached and incorporated Section Five Plat, and each such easement shown thereon shall hereby be incorporated into the text of this Supplemental Deed of Dedication and Declaration as if specifically set forth in full. First Bank, the beneficiary under the First Bank Deed of Trust of record as Instrument No. 160005457 in the aforesaid Clerk's Office, consents to the terms of this Supplemental Deed of Dedication, as evidenced by the signature hereto of its authorized representative, and directs Bryan as Trustee to execute this Supplemental Deed of Dedication in conformity therewith in order to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication and to release from the aforesaid Deed of Trust all of the public streets and easements dedicated by this Supplemental Deed of Dedication and Declaration. Dan Ryan Builders, the beneficiary under the Dan Ryan Builders Deed of Trust of record as Instrument No. 180006622 in the aforesaid Clerk's Office, consents to the terms of this Supplemental Deed of Dedication, as evidenced by the signature hereto of its authorized representative, and directs Bryan as Substitute Trustee to execute this Supplemental Deed of Dedication in conformity therewith in order to subordinate the lien of the Dan Ryan Builders Deed of Trust to this Supplemental Deed of Dedication and to release from the aforesaid Deed of Trust all of the public streets and easements dedicated by this Supplemental Deed of Dedication and Declaration. All of the lots shown on the Section Five Plat attached hereto shall be subject to all restrictions, easements, covenants and conditions set forth in the Original Deed of Dedication and Declaration, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. The agreements and covenants stated in this Supplemental Deed of Dedication and Declaration are not covenants personal to Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. 4 Storm Drainage Easements. The Declarant reserves unto the County, its successors and assigns, several variable width storm sewer easements, identified on the Section Five Plat as `Storm Easement" which shall run with the land and be perpetual easements for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of stormwater and its transmission through and across said Property of Declarant, said easements being more particularly bounded and described on the Section Five Plat. The foregoing easements are subject to the following conditions where applicable: (a) All storm sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the County, its successors and assigns. (b) The County and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the easements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land. (c) The County shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the County, at its own expense, shall restore, as nearly as possible, the premises to their original condition. Such restoration shall include the backfilling of trenches, the replacement of structures and other facilities located outside the easements, but shall not include the replacement of structures, 61 trees and shrubs, or other facilities located within the easements. (d) The County shall have the right to demolish all paving, curbing, and/or guttering in the easements being conveyed, deemed by it to interfere with the proper and efficient construction, installation, operation, and maintenance of said stormwater drainage lines and appurtenant facilities; provided, however, that the County, at its own expense, shall restore all non - interfering paving, curbing, and/or guttering which are disturbed in any manner by the construction, operation, and maintenance of said stormwater drainage lines and appurtenant facilities. (e) Declarant reserves the right to construct and maintain roadways over said easements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the County for the purposes named; provided however, that Declarant shall not erect any building or other structure, excepting a fence, on the easements without obtaining prior written approval of the County. (f) Declarant covenants that it is seized of and has the right to convey said storm sewer easements, right and privileges, that the County shall have quiet and peaceable possession, use and enjoyment of the storm drainage easements, right and privileges, and that Declarant shall execute such further assurances thereof as may be required. (g) Declarant agrees that the agreements and covenants stated in this Deed are not covenants personal to Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. (h) The individual lot owners shall be responsible for maintenance of storm drainage easements conveyed herein in accordance with the terms and conditions of this Declaration. 6 WITNESS the following signatures and seals: FREEDOM MANOR, LLC, Declarant By: David B. may, OF �/IRGINI (7NWEALTH UNTY OF Acknowledged before me this by David B. Holliday, Manager of Freedom company. My commission expires: ®EE Nancy Tilson Sinback N NOTARY PUBLIC Commonwealth of Virginia Reg. #7292148 my Commission Expires 12/31/2022 to -wit: day of "s 1,vy� , 2020, Manor, LLC, on behalf of said Michael L. Bryan, Trustee for the First Bank Deed of Trust COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: Acknowledged before me this day of , 2020, by Michael L. Bryan, Trustee. My commission expires: Notary Public FIRST BANK W (printed name and title) COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: Acknowledged before me this day of , 2020, by on behalf of First Bank. My commission expires: Notary Public Michael L. Bryan, Substitute Trustee for the Dan Ryan Builders Deed of Trust COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: Acknowledged before me this day of , 2020, by Michael L. Bryan, Substitute Trustee. My commission expires: Notary Public 10 DAN RYAN BUILD!! -ATLANTIC, LLC a Maryland limit iability company By: M,arrVE-r R--. (printed name and title) VP Z,4"4 F Acqtvtsrroc1 COMMONWEALTH OF 4l LW6 CITY/COUNTY OF WP6W06TQ0 r to -wit: Acknowledged before me this ALe day of .Ji mokVq , 2020, by MATNEW Q. VoWELL on behalf of Dan Ryan Builders Mid -Atlantic, LLC, a Maryland limited liability company. My commission expires: 01111J-0�Lq KELLY J. CARR Notary Public -Maryland Washington County My COmmission Expires FUbI January 27.2024 11 RECEIVED Document Approval Form FER 2 6 FREDERICK COUNTY PLANNING AND DEVELOPMENT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL. PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HA VE COMPLETED. Candice Mark Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Initials Date & Time U -(,A U-V v- a 0 -o 10 SITE McC►ure Way z rtwood Grindstone Dr. line Ln. o VICINITY MAP laurelw ood Dr. FILE COPY SCALE: 1" = 2000' SUBDIVISION ADMINIS A DATE Il%6J2oZa FREDERICK WATER DATE Sa� .(L 0-Z O VIRGINIA DEPARTMENT OF TRANSPORTATION DATE "u3C 375:I7R.I THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF FREEDOM MANOR, LLC [PIN 64—A-19 & 20], AS APPEARS IN THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. ON BEHALF F FREEDOM b9NOR, LLC DA STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK FORE 01 G I TR M NT WAS ACKNOWLEDGED BEFORE ME THIS ZN� DAY OF > 20 BY ON BEHALF OF FREEDOM MANO LLC. Nancy Tilson Sinback l�j/ i�t -:: t� s ""5[ j C � fy NOTARY PUBLIC N :ARY PUBLIC Commonwealth of Virginia Reg. #7292148 Z My Commission Expires 12/31/2022 MY COMMISSION EXPIRES SURVEYOR'S CER11FICATE I HEREBY CERTIFY THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS THE REMAINDER OF THE PROPERTIES CONVEYED TO FREEDOM MANOR, LLC BY DEED DATED JUNE 10, 2016, SAID DEED RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA AS INSTRUMENT 160005456. FINAL PLAT OF SUBDIVISION FREEDOM MANOR SECTION FIVE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: JUNE 29, 2020 1 COVER SHEET TH OF lrr P. Duane Brown Lic. No. 001285 .lunc ZQ, 2020 SHEET 1 OF 5 l9ND SUINS- o4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandlegge.com DRAWN BY: PDB/HBK DWG NAME: id10174—sub—sec5 PIN 64D-2-A-10 PIN 64D-2-A-9 PIN 64D-A-2-8 PIN 64D-A-2-7 ERIC W. PRATT ERIC W. PRATT JERRY A. SALES JERRY A. SALES INST. 070015057 INST. 070015057 INST. 040013639 INST. 120008135 VA 4t ZON�GRID� 105 _ _ _ I 104 F7I PIN 64-A-21A 10 I JERRY A. SALES 102 INST. 040013639 02 OPEN SPACE i LOT 62 i LOT 61 i LOT 60 LOT 59 I LOT 58 LOT 57 101 — — OPEN SPACE OPEN SPACE 63 EX. DAVID DRIVE 64 ; o 168 169170 171 — — i U 65 o ---, Q 66 ' LL 175 174173 172 � H i 67 ' OPEN SPACE — — OPEN SPACE N PIN 63-A-145 PRISTINE PROPERTY MANAGEMENT LLC INST. 170001431 72 LOT 73 i LOT 74 i LOT 75 1 ; 71 70 I ; 69 OPEN SPACE 0 ; I 68 II FINAL PLAT OF SUBDIVISION FREEDOM MANOR SECTION FIVE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA PIN 63-A-146 THOMAS W. BREEDLOVE DB 401 PG 672 SHEET INDEX LOTS SHEET 63-67 4 68-72 5 OPEN SPACE N 4 OPEN SPACE 0 5 0 100 200 300 SCALE: 1 "=100' I DATE: JUNE 29, 2020 I SCALE: 1" = 100' I SHEET 2 OF 5 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandleaae.com TH OF �f°A P. Duane Brown Lic. No. 001285 t9J,,ne 29, eo20 DRAWN BY: PDB/HBK DWG NAME: W10174-sub-sec5 CURVE TABLE CURVE DELTA RADIUS ARC TANGENT CHORD CHORD BEARING 1 11*15'33" 31.00' 6.09' 3.06' 6.08' S01'47'30"E 2 57*13'16" 19.00' 18.98' 10.36' 18.20' S32'26'55"W 3 87'42'07" 31.00' 47.45' 29.78' 42.95' S51*16'20"E 4 56'36'36" 16.00' 15.81' 8.62' 15.17' N66'49'06"W 5 16"3'14" 58.50' 16.56' 8.34' 16.51' N46'37'25"W 6 87"3'19" 58.50' 89.06' 55.73' 80.70' S81'39'18"W 7 16'03'40" 58.50' 16.40' 8.25' 16.34' S30'00'49"W 8 32'02'26" 51.00' 28.52' 14.64' 28.15' S28'32'24"E 9 107*17'28" 51.00' 95.50' 69.29' 82.15' N81'47'39"E 10 12'58'09" 21.00' 4.75' 2.39' 4.74' N34'38'00"E 11 43'45'32" 21.00' 1 16.04' 1 8.43' 1 15.65' N62'59'50"E LOT NUMBER AREA 63 10,824 SQ. FT. 64 8,118 SQ. FT. 65 8,250 SQ. FT. 66 8,201 SQ. FT. 67 9,222 SQ. FT. 68 9,731 SQ. FT. 69 8,790 SQ. FT. 70 8,810 SQ. FT. 71 8,771 SQ. FT. 72 11,768 SQ. FT. AREA IN LOTS 92,485 SQ. FT. AREA IN LOTS 2.1232 ACRES AREA SUMMARY AREA IN LOTS 2.1232 ACRES OPEN SPACE N 0.0298 ACRES 0 0.8402 ACRES AREA IN OPEN SPACE 0.8700 ACRES AREA IN RIGHT-OF-WAY 0.4289 ACRES TOTAL AREA SUBDIVIDED 3.4221 ACRES NUMBER OF LOTS 10 AVERAGE LOT SIZE 9,248 SQ. FT. MINIMUM LOT SIZE 8,118 SQ. FT. NOTES 1.IRON RODS ARE TO BE SET AT ALL PROPERTY CORNERS NOT PREVIOUSLY MONUMENTED. 2. EXISTING ZONING: RP (RESIDENTIAL PERFORMANCE) 3. EXISTING USE: VACANT 4. BRL DENOTES BUILDING RESTRICTION LINE FRONT BRL: 25' REAR BRL: 20' SIDE BRL: 8' FINAL PLAT OF SUBDIVISION FREEDOM MANOR SECTION FIVE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: JUNE 29, 2020 Z,TH OF y j ram, Q ,,,,.� uane Brown No. 001285 e 24, 2cao loi- SHEET 3 OF 5 D suR�l� Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 DRAWN BY: PDB/HBK DWG NAME: id10174-sub-sec5 EX. STORM EASEMENT' 1 �j INST. 200004403 1 p,� OPEN SPACE 1 ap I I I H 168 169 170 171 FREEDOM MANOR TOWNHOUSES SECTION ONEI .�.� INST. 200004403 CO METCALF TERRACE CV) ' o 175 1 174 1 173 1 172 J -- o �I x10.01' EX. DAVID DRIVE-50' RIW S07'25' 16"E 105.8491 n STORM EASEMENT- 2 ' 12_TRAII EASEMENT— _>� ' \ E 25' BRL \�S• s° j jj� S60'32'00"W 18.48' °p LOT 63 J N 10,824 SQ. FT. cc i o I L—8' BRL C14I v�l N05'07 244V— —_-132.00'___� I 8' BRL 1 I _C) I m LOT 64 m I 0 i N 8,118 SQ. FT. C i $ L _ — _ 8' BRL — — 905'07 24 �V— — 134_16' I 8' BRL I I J I m LOT 65 m N 8,250 SQ. FT. N I toL 8' BRL I I J I — — _ 136.33' I 8' BRL — -� I� CA:: o m LOT 66 I cv 8,201 SQ. FT. / J — — 8' BRL / 4 N05'07 24"W — J 5 _ 118.94'_ _ 8' BRL I I m LOT 67 m N 9,222 SQ. FT. N i 6 I 1 � I � 8' BRL NOf4_2 24 W 123.78 33 OPEN SPACE N 1,299 SQ. FT. rw 43.5U' 25.00 18.50' U Z 0 U LL F= F .26' NORTH ZONM 83 STATE GRID N84.52'36"E 13.16' LOT 72 I I I I LOT 71 I I I rn I LO N I t- I I LOT 70 w LCN O I G* w N w I I I LOT 69 11 �9 LOT 68 N07'42'24"W 341.66' (TOTAL) PIN 63—A-145 PRISTINE PROPERTY MANAGEMENT LLC INST. 170001431 0 50 100 150 SCALE: 1 "=50' FINAL PLAT OF SUBDIVISION FREEDOM MANOR SECTION FIVE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: JUNE 29, 2020 I SCALE: 1" = 50' I SHEET 4 OF 5 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 6e�rrLTH Op - Duane Brown Lic. No. 001285 June 24, 2090 4_4* SURvs�04 DRAWN BY: PDB/HBK DWG NAME: id10174—sub—sec5 6 rr F— W W V) w w (N EX. DAVID DRIVE-50' R/W S07'25'16"E 109.28' STORM EASEMENT — �•'L� 25' BRL I 50'LN .' J O I LOT 72ml,11,768 SQ. FT. .N20'8'BRL So4'56 24 E 3 ' , I I 8' BRL �) _N I I m LOT 71 0= I co N 8,771 SQ. FT. o f — — N 8' BRL 10' S65'07 24 E — — '— 10 89' i I --- --- 144.48' I I i 8 BRL I I t o l 10° LOT 70 m I co I 8,810 SQ. FT. 8' BRL N to S0507 24 E — — —' i� I I� 8' BRL �I m " I I N LOT 69 m l 0 0 I 8,790 SQ. FT. o I N I c0 N 8' BRL S0507 24 E 10 ------ — — I N 138_65'00 \ _ \ 8' BRL -' "' TRAIL EASEMENT I LOT 68 m I O 19,731 SQ. FT. N I � I 8' BRL I / N07'42 07 tiV 130.72 _ —171.22' -- N07'42'24*W 341.66' (TOTAL) o0 a�! PIN 63-A-145 nna PRISTINE PROPERTY MANAGEMENT LLC I INST. 170001431 xl NORTH VA ZONE 83 STATE GRID T---T--- I FREEDOM MANOR I I SECTION TWO INST. 200004402 LOT 73 LOT 74 LOT 75 FINAL PLAT OF SUBDIVISION FREEDOM MANOR SECTION FIVE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA S07'25'16"E 172.81' / O /All OPEN SPACE 0 /Illit e�► 36,598 SQ. FT. 1-4 /MO PIN 63-A-146 THOMAS W. BREEDLOVE DB 401 PC 672 0 50 100 150 SCALE: 1 "=50' DATE: JUNE 29, 2020 I SCALE: 1" = 50' I SHEET 5 OF 5 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 VX;TH OF vy°,Occa.,.�,� P. Duane Brown Lie. No. 001285 June 24, POgD l9ND SUR-4 DRAWN BY: PDB DWG NAME: W10174-sub-sec5 Pam Deeter To: Dave Stegmaier; H. Paige Manuel; Elizabeth Kozel Subject: Freedom Manor Section 5 Attachments: Freedom Manor Sec 5 plat app.docx Good afternoon, Please find attached the approval letter for subdivision Section 5 of Freedom Manor. If you should have any questions, please contact Mr. Cheran. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 Winchester, VA 22601 540-665-5651 pdeeter@fcva.us Pam Deeter From: Microsoft Outlook To: elizabethruckman@gmail.com Sent: Thursday, March 18, 2021 2:06 PM Subject: Relayed: Freedom Manor Section 5 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Subject: Freedom Manor Section 5 Pam Deeter From: Microsoft Outlook To: H. Paige Manuel Sent: Thursday, March 18, 2021 2:07 PM Subject: Relayed: Freedom Manor Section 5 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: H. Paine. Hat Iu(' kn ,Irti ! i ��T�,('c'�_�t Subject: Freedom Manor Section 5 Pam Deeter From: Microsoft Outlook To: Dave Stegmaier Sent: Thursday, March 18, 2021 2:07 PM Subject: Delivered: Freedom Manor Section 5 Your message has been delivered to the following recipients: Subject: Freedom Manor Section 5 Freedom Manor Section 4 Plats 41 single family lots COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 August 25, 2020 Marsh & Legge Land Surveyors, P.L.C. Attn: P. Duane Brown, LS 560 N. Loudoun St. Winchester, VA 22601 RE: Plats Freedom Manor Section 4 Property Identification Number (PIN):64-A-23 Dear Mr. Brown: This letter is to confirm that the plats for Freedom Manor Section 4 were approved for forty-one (41) single-family detached cluster lots. Enclosed is one (1) copy of the plats for your records and distribution. Please return a copy of the recorded plats to this office. Should you have any questions, to call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd cc: Gene Fisher, Shawnee Board of Supervisor H. Paige Manuel and Lawrence R. Ambrogi, Planning Commissioners GIS Commissioner of Revenue Jane Anderson 107 North Kent Street . Winchester, Virginia 22601-5000 ` Pam Deeter To: Gene Fisher; H. Paige Manuel; Lawrence Ambrogi Subject: Freedom Manor Section 4 Attachments: SPlanning K20082515350.pdf Good morning, Please find attached the approval letter for Freedom Manor Section 4. If you have any questions, please contact Mr. Cheran. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 540-665-5651 pdeeter@fcva.us Pam Deeter From: Microsoft Outlook To: Gene Fisher Sent: Wednesday, August 26, 2020 10:40 AM Subject: Delivered: Freedom Manor Section 4 Your message has been delivered to the following recipients: Gene Fisher (gene.fisher@fcva.us) Subject: Freedom Manor Section 4 Pam Deeter From: Microsoft Outlook To: H. Paige Manuel Sent: Wednesday, August 26, 2020 10:40 AM Subject: Relayed: Freedom Manor Section 4 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: H. Paige Manuel (hpmanueWcomcast.net) Subject: Freedom Manor Section 4 Pam Deeter From: Microsoft Outlook To: Lawrence Ambrogi Sent: Wednesday, August 26, 2020 10:40 AM Subject: Relayed: Freedom Manor Section 4 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Lawrence Ambrogi (lawbrogi@gmaii.comj Subject: Freedom Manor Section 4 March 31, 2021 Candice Perkins, AICP Deputy Director Department of Planning and Development Frederick County 107 North Kent Street Winchester, VA 22601 RE: Freedom Manor —Transfer of Development Rights (TDR); Sec 4, Lot 27 Dear Candice, As you know, the approved proffer statement for Freedom Manor permits the use of TDR's in lieu of monetary proffers. Specifically, Proffer 5.1 of the approved proffer statement reads as follows: 6. Option for use of Transfer of Development Rights Ordinance 5.1 In lieu of the per unit monetary contribution as provided for by Proffer 4.1, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed 300 dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments shall remain applicable to such dwelling units. To date, we have provided for 91 TDR's at Freedom Manor through Instruments 170007328, 200013138, and 200013139, as provided to your office previously. We are now designating one of those TDR's to Section 4, Lot 27. To aid in keeping track of the assigned TDR's, I have attached a spreadsheet showing the lots to which the TDR's will apply and their source document. As future sections progress, I will continue to update this spreadsheet so that all TDR's used for the project are tracked with a single document. If you have any questions or would like to discuss further, please feel free to contact me at (540) 336-3333. Sincerely, Patrick Sowers Director of Land Development 420 W. Juba[ Early Drive, Suite 103 • Winchester, VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 Freedom Manor - TDR Assignment by Lot Revision Date: 3/31/21 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Source 1 33 SFD Inst #170007328 1 29 1 34 SFD Inst #170007328 1 28 1 35 SFD Inst #170007328 1 27 1 78 SFD Inst #170007328 1 26 1 79 SFD Inst #170007328 1 25 1 80 SFD Inst #170007328 1 24 1 81 SFD Inst #170007328 1 23 1 82 SFD Inst #170007328 1 22 3 36 SFD Inst #170007328 1 21 3 37 SFD Inst #170007328 1 20 3 38 SFD Inst #170007328 1 19 3 43 SFD Inst #170007328 1 18 3 44 SFD Inst #170007328 1 17 3 45 SFD Inst #170007328 1 16 3 46 SFD Inst #170007328 1 15 3 47 SFD Inst #170007328 1 14 3 48 SFD Inst #170007328 1 13 3 49 SFD Inst #170007328 1 12 3 50 SFD Inst #170007328 1 11 3 51 SFD Inst #170007328 1 10 3 52 SFD Inst #170007328 1 9 3 53 SFD Inst #170007328 1 8 3 54 SFD Inst #170007328 1 7 3 55 SFD Inst #170007328 1 6 3 56 SFD Inst #170007328 1 5 2 58 SFD Inst #170007328 1 4 2 59 SFD Inst #170007328 1 3 2 73 SFD Inst #170007328 1 2 2 74 SFD Inst #170007328 1 1 2 75 SFD Inst #170007328 1 0 2 76 SFD Inst #200013138 1 29 2 77 SFD Inst #200013138 1 28 2 57 SFD Inst #200013138 1 27 2 60 SFD Inst #200013138 1 26 2 61 SFD Inst #200013138 1 25 2 62 SFD Inst #200013138 1 24 TH Sec 1 129 TH Inst #200013138 2/3 23 1/3 TH Sec 1 130 TH Inst #200013138 2/3 22 2/3 HSec 1 131 TH Inst #200013138 2/3 22 FH Sec 1 132 TH Inst #200013138 2/3 21 1/3 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Source TH Sec 1 133 TH Inst #200013138 2/3 20 2/3 TH Sec 1 134 TH Inst #200013138 2/3 20 TH Sec 1 135 TH Inst #200013138 2/3 191/3 TH Sec 1 136 TH Inst #200013138 2/3 18 2/3 TH Sec 1 137 TH Inst #200013138 2/3 18 TH Sec 1 138 TH Inst #200013138 2/3 17 1/3 TH Sec 1 139 TH Inst #200013138 2/3 16 2/3 TH Sec 1 140 TH Inst #200013138 2/3 16 TH Sec 1 141 TH Inst #200013138 2/3 15 1/3 TH Sec 1 142 TH Inst #200013138 2/3 14 2/3 TH Sec 1 143 TH Inst #200013138 2/3 14 TH Sec 1 144 TH Inst #200013138 2/3 13 1/3 TH Sec 1 145 TH Inst #200013138 2/3 12 2/3 TH Sec 1 146 TH Inst #200013138 2/3 12 TH Sec 1 147 TH Inst #200013138 2/3 11 1/3 TH Sec 1 148 TH Inst #200013138 2/3 10 2/3 TH Sec 1 149 TH Inst #200013138 2/3 10 TH Sec 1 150 TH Inst #200013138 2/3 9 1/3 TH Sec 1 151 TH Inst #200013138 2/3 8 2/3 TH Sec 1 152 TH Inst #200013138 2/3 8 TH Sec 1 153 TH Inst #200013138 2/3 7 1/3 TH Sec 1 154 TH Inst #200013138 2/3 6 2/3 TH Sec 1 155 TH Inst #200013138 2/3 6 TH Sec 1 156 TH Inst #200013138 2/3 5 1/3 TH Sec 1 157 TH Inst #200013138 2/3 4 2/3 TH Sec 1 158 TH Inst #200013138 2/3 4 TH Sec 1 159 TH Inst #200013138 2/3 3 1/3 TH Sec 1 160 TH Inst #200013138 2/3 2 2/3 TH Sec 1 161 TH Inst #200013138 2/3 2 TH Sec 1 162 TH Inst #200013138 2/3 1 1/3 TH Sec 1 163 TH Inst #200013138 2/3 2/3 TH Sec 1 164 TH Inst #200013138 2/3 0 TH Sec 1 165 TH Inst #200013139 2/3 301/3 TH Sec 1 166 TH Inst #200013139 2/3 29 2/3 TH Sec 1 167 TH Inst #200013139 2/3 29 TH Sec 1 168 TH Inst #200013139 2/3 28 1/3 TH Sec 1 169 TH Inst #200013139 2/3 27 2/3 TH Sec 1 170 TH Inst #200013139 2/3 27 TH Sec 1 171 TH Inst #200013139 2/3 261/3 TH Sec 1 172 TH Inst #200013139 2/3 25 2/3 TH Sec 1 173 TH Inst #200013139 2/3 25 TH Sec 1 174 TH Inst #200013139 2/3 241/3 TH Sec 1 175 TH Inst #200013139 2/3 23 2/3 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Source TH Sec 1 176 TH Inst #200013139 2/3 23 TH Sec 1 177 TH Inst #200013139 2/3 22 1/3 TH Sec 1 178 TH Inst #200013139 2/3 212/3 TH Sec 1 179 TH Inst #200013139 2/3 21 TH Sec 1 180 TH Inst #200013139 2/3 201/3 TH Sec 1 181 TH Inst #200013139 2/3 19 2/3 TH Sec 1 182 TH Inst #200013139 2/3 19 TH Sec 1 183 TH Inst #200013139 2/3 181/3 TH Sec 1 184 TH Inst #200013139 2/3 17 2/3 TH Sec 1 185 TH Inst #200013139 2/3 17 TH Sec 1 186 TH Inst #200013139 2/3 161/3 TH Sec 1 187 TH Inst #200013139 2/3 15 2/3 Sec 4 1 SFD Inst #200013139 1 14 2/3 Sec 4 2 SFD Inst #200013139 1 13 2/3 Sec 4 3 SFD Inst #200013139 1 12 2/3 Sec 4 4 SFD Inst #200013139 1 112/3 Sec 4 5 SFD Inst #200013139 1 10 2/3 Sec 4 6 SFD Inst #200013139 1 9 2/3 Sec 4 7 SFD Inst #200013139 1 8 2/3 Sec 4 8 SFD Inst #200013139 1 7 2/3 Sec 4 9 SFD Inst #200013139 1 6 2/3 Sec 4 10 SFD Inst #200013139 1 5 2/3 Sec 4 11 SFD Inst #200013139 1 4 2/3 Sec 4 12 SFD Inst #200013139 1 3 2/3 Sec 4 27 SFD Inst #200013139 1 2 2/3 TDR Source Documents Total TDR's Inst #170007328 30 Inst #200013138 30 Inst #200013139 31 RECEIVED J U L 2 8 2020 FREDERICK COUNTY Document Approval Form PLANNING AND DEVELOPMENT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPRO VAL, PLEASE PRO VIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HA VE COMPLETED. Initials Date & Time Candic Mark Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Time): RECEIVED A U G 1 2 2020 Memorandum FREDERICK COUNTY TO: Mark Cheran PLANNING AND DEVELOPMENT FROM: Patrick Sowers DATE: August 12, 2020 SUBJECT: Freedom Manor — Revised Section Four Deed CC: As a follow up to my e-mail yesterday, please find attached a redlined version of the revised Deed of Dedication for Section Four at Freedom Manor. This version changes the "Deed of Trust" reference on page three to read "Deeds of Trust" per Rod Williams' comments. In addition, I have attached a printout showing that the annual report for the Freedom Manor HOA has been filed with the SCC and that the HOA status is in good standing. Lastly, regarding the vacation of the existing Frederick Water easement described in the deed, that is shown on Sheet 11 of the signed original plats previously submitted to your office. If you have any questions or need additional information, please feel free to contact me at (540) 336-3333. Dave Holliday Construction, Inc. 420 W Juba[ Early Drive, Suite 103 • Winchester, VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 Dashboard I Online Services CIS Help i Entity Search I Entity li I I Search I FAQs I .Profile Entity Informa'Gon Entit<. Alame: Freedom Manor Homeowners Association. Inc n 08440091 Entri Ttpe: Ilonstock Corporation E __s. Active Formation Date: 05.03i2019 Reason foi - - >�d In Good Standing VA Quailfication Date: 05F03, 2019 status C e 11- i L)LO Industry Code: 0 - General Period of Duration: Perpetual Jurisdiction: VA Annual Report Due Dare: tl/A Registration Fee Due Date: Clot Required Charter Fee: S50.00 Filing History Details IS Selecti Filling Daft Time Effectilive Date Filling Number Filing Type lillumber of Pages 05/03/2019 12:01 AM 05/0312019 19Q5O2fi045 ,Articles of incorporation � 08,111/202003:38 PM 08/11/2020 2,%1811957965 Annual Repot Sack Return to Search Return to Results P,j,i or 1.� ,o lW2o12 Download Copies Memorandum TO: Mark Cheran FROM: Patrick Sowers DATE: July 28, 2020 SUBJECT: Freedom Manor — Section Four Deed CC: RECEWD JUL 2 8 2020 PLANNING ANDEVELOPMENT �U� Per my e-mail earlier this afternoon, attached is a clean copy of the plat and deed for Freedom Manor Section Four for Rod Williams' review. If you have any questions or need additional information, please feel free to contact me at (540) 336-3333. Dave Holliday Construction, Inc. 420 W Jubal Early Drive, Suite 103 - Winchester, VA 22601 - Ph: 540-667-2120 - Fx: 540-667-5414 i HIS SUPPLEMENTAL DEED OF DEDICATION AND DECLARATION OF COVENANTS, CONDITIONS, and RESTRICTIONS is made and dated this day of , 2020, by and between FREEDOM MANOR, LLC, a Virginia limited liability company, party of the first part, hereinafter called the "Declarant"; FREEDOM MANOR HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock corporation, party of the second part, hereinafter called the "Association"; the COUNTY OF FREDERICK, VIRGINIA, party of the third part, hereinafter called the "County"; FREDERICK COUNTY SANITATION AUTHORITY d/b/a FREDERICK WATER, party of the fourth part, hereinafter called the "Authority"; MICHAEL L. BRYAN, Trustee, party of the fifth part, hereinafter called "Bryan"; FIRST BANK, party of the sixth part, hereinafter called "First Bank"; MICHAEL L. BRYAN, Trustee, party of the seventh part, hereinafter called "Substitute Trustee"; and DAN RYAN BUILDERS MID -ATLANTIC, LLC, a Maryland limited liability company, party of the eighth part, hereinafter called "Dan Ryan Builders". WHEREAS, the Declarant caused to be recorded a certain Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions for Freedom Manor, Section One (the "Original Deed of Dedication and Declaration', which is recorded among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 190004229; and, WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that certain final plat drawn by P. Duane Brown, L.S., dated March 31, 2020, entitled "FINAL PLAT OF SUBDIVISION, FREEDOM MANOR, SECTION FOUR", (the "Section Four Plat' which final plat is attached hereto and incorporated herein by reference as if set out in full, which is a portion of the property conveyed to the Declarant by that certain deed dated June 10, 2016 from Shen -Valley Land Holdings, LLC, a Virginia limited liability company, which deed is of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 160005456; and, WHEREAS, the Declarant desires to subdivide said real estate, as shown on the aforesaid attached Section Four Plat, into lots for the construction of dwelling units thereon, and the above -referenced Section Four 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 green space, sanitary sewer and water easements, stormwater, utility, and ingress -egress easements, all of which shall constitute a 1 portion of that development known as Freedom Manor, and which common areas shall be owned and/or maintained by Freedom Manor Homeowners Association, Inc. (the "Association's upon the terms and conditions set forth hereinafter; and WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Freedom Manor, Section Four, and the subdivision of said real estate is with the free consent and in accordance with the desires of the undersigned Declarant which further desires to subdivide the aforesaid real estate in accordance with the provisions of Virginia law, including but not limited to the Property Owners' Association Act (Va. Code § 55-508 et seq.), including any successor statute, as are applicable and in force and effect as of the date of execution of this Supplemental Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions; and WHEREAS, the Declarant desires to convey Open Space Parcels F, G, and H as shown on the aforesaid attached Section Four Plat, to the Association; WHEREAS, the Declarant desires to make the lots created by this Supplemental Deed of Dedication subject to the same restrictive covenants contained in the Original Deed of Dedication and Declaration and part of the Association according to the same terms set forth therein; WHEREAS, the property subject to this Supplemental Deed of Dedication and Declaration of Covenants, Conditions is subject to the lien of a Deed of Trust dated June 16, 2016, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 160005457, given to secure First Bank the indebtedness described therein (the "First Bank Deed of Trust', and First Bank, beneficiary under the aforesaid Deed of Trust, consents to the terms of this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions and hereby directs Bryan, as Deed of Trust Trustee, to join herein to subordinate the lien of the aforesaid First Bank Deed of Trust to this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions and to release from the First Bank Deed of Trust all of the public streets and easements dedicated by this Supplemental Deed of Dedication; and WHEREAS, the property is subject to the lien of a Deed of Trust dated June 27, 2018, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 180006622, securing a loan in favor of Dan Ryan Builders (the "Dan Ryan Builders Deed of Trust'; and WHEREAS, Michael L. Bryan was appointed as Substitute Trustee for the Dan Ryan Builders Deed of Trust pursuant to the Substitution of Trustee dated June 11, 2020, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 200007104 and Dan Ryan Builders, beneficiary under the aforesaid Deed of Trust, consents to the terms of this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions and hereby directs Michael L. Bryan, as Deed of Trust Substitute Trustee, to join herein to subordinate the lien of the Dan Ryan Builders Deed of Trust to this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions; and Trustee Bryan joins in this instrument to evidence his consent thereto and to release the rights -of -way and easements created by this Supplemental Deed of Dedication from the First Bank Deed of trust and the Dan Ryan Builders Deed of Trust and to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication as more fully set forth hereinafter. NOW, THEREFORE, THIS SUPPLEMENTAL DEED OF DEDICATION AND DECLARATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Deed, the Declarant does hereby subdivide that portion of the property depicted on the attached Section Four Plat containing 14.4872 acres into lots and parcels to be known as Lots 1 through 32, inclusive and Lots 39 through 42, inclusive, and Open Space Parcels F, G, and H, as well as public street right of way, Section Four, Freedom Manor in accordance with the Section Four Plat attached hereto and incorporated herein by reference as if set out in full. The Declarant does hereby grant and convey to the Association, in fee simple, Open Space Parcels F, G, and H, as shown on the attached Section Four Plat. The Declarant does hereby dedicate unto the County, as public streets for public use, those certain roadways, containing 1.7018 acres in Section Four, Freedom Manor as depicted on the Section Four Plat attached hereto and incorporated herein by reference as if set out in full. The real estate herein divided shall further be subject to the access easements/rights-of-way, stormwater management easements, Frederick Water Easement, 30' Frederick Water easement, 20' storm sewer easement, and all other easements shown on the attached and incorporated Section Four Plat, and each such easement shown thereon shall hereby be incorporated into the text of this Supplemental Deed of Dedication and Declaration as if specifically set forth in full. First Bank, the beneficiary under the First Bank Deed of Trust of record as Instrument No. 160005457 in the aforesaid Clerk's Office, consents to the terms of this Supplemental Deed of Dedication, as evidenced by the signature hereto of its authorized representative, and directs Bryan as Trustee to execute this Supplemental Deed of Dedication in conformity therewith in order to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication and to release from the aforesaid Deed of Trust all of the public streets and easements dedicated by this Supplemental Deed of Dedication and Declaration. Dan Ryan Builders, the beneficiary under the Dan Ryan Builders Deed of Trust of record as Instrument No. 180006622 in the aforesaid Clerk's Office, consents to the terms of this Supplemental Deed of Dedication, as evidenced by the signature hereto of its authorized representative, and directs Bryan as Substitute Trustee to execute this Supplemental Deed of Dedication in conformity therewith in order to subordinate the lien of the Dan Ryan Builders Deed of Trust to this Supplemental Deed of Dedication and to release from the aforesaid Deed of Trust all of the public streets and easements dedicated by this Supplemental Deed of Dedication and Declaration. The Declarant does hereby vacate the existing Frederick Water easement, established at Instrument No. 190011298, in the location shown on the attached and incorporated Section Four Plat. All of the lots shown on the Section Four Plat attached hereto shall be subject to all restrictions, easements, covenants and conditions set forth in the Original Deed of Dedication and Declaration, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. The agreements and covenants stated in this Supplemental Deed of Dedication and Declaration are not covenants personal to Declarant but are 4 covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. Frederick Water Easements. The Declarant reserves unto the Authority, its successors and assigns an easement and right of way (the "Easement's for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities', for the transmission and distribution of water and the collection of sanitary sewer and its transmission through, upon and across the portion(s) of the Property shown as water, sewer, and sanitation easements on the attached and incorporated Section Four Plat (the "Easement Area', subject to the following conditions: (a) All Facilities which are installed in the Easement Area shall be and remain the property of the Authority, its successors and assigns. (b) The Authority and its agents shall have full and free use of the Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the Easement, including the right of access to and from the Easement Area, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land. (c) The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Easement Area, including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that the Authority, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining the Easement Area which are disturbed in any manner by the construction, operation and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (iii) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Easement Area, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Easement Area. (d) The Declarant, its successors and assigns, reserves the right to construct and maintain roadways over the Easement Area and to make any use of the Easement Area which may not be inconsistent with the Easement rights herein conveyed, or interfere with the use of the Easement by the Authority for the purposes named; provided, however, that the Declarant, its successors and assigns, shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Easement Area without obtaining the prior written approval of the Authority. In the event a use of the Easement Area by the Declarant, its successors and assigns, is approved by the Authority, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by the Declarant, its successors and assigns. The Declarant, its successors and assigns, agrees that no vegetation other than (i) grass, (ii) shrubbery, and (iii) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at the Declarant's risk and the Authority shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate the Declarant, its successors and assigns, for such vegetation in the r., event such vegetation is damaged or destroyed during the exercise of the Authority's rights under this Easement. (e) At such time as any portion of the land within the Easement Area is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the Authority by this instrument in such portion of land shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the Authority all necessary permits for the continued operation, maintenance, inspection, repair and replacement of its facilities in said location. (f) The Declarant, its successors and assigns, covenants that it is seized of and has the right to convey said Easement, rights and privileges, that the Authority shall have quiet and peaceable possession, use and enjoyment of the Easement, rights and privileges, and that the Declarant, its successors and assigns, shall execute such further assurances thereof as may be required. (g) In the event the Authority notifies the Declarant, or their successors or assigns, of a violation of the terms of this Easement and the Declarant, its successors and assigns, does not cure such violation within thirty (30) days of such notice, the Authority may take such action as necessary to cure such violation, including ingress and egress over any portion of the Property deemed necessary by the Authority to access the Easement Area or to enforce the Authority's rights hereunder. All costs and expenses incurred by the Authority in exercising or enforcing its rights hereunder shall be paid or, at the Authority's election, reimbursed, by the Declarant, its successors and assigns, within thirty (30) days from the date the Declarant, its successors and assigns, receives a bill or invoice from the Authority for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. The Authority shall have the right to enforce the terms of this Easement by any remedy available at law or in equity. (h) If the Authority is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of this Easement, the Authority shall be awarded its costs and expenses, including reasonable attorney fees. (i) The Declarant, its successors and assigns, agrees that the agreements and covenants stated in this Section are not covenants personal to the Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. Storm Drainage Easements. The Declarant reserves unto the County, its successors and assigns, several variable width storm sewer easements and a twenty foot (20� storm sewer easement, identified on the Section Four Plat as "Storm Sewer Easement" and "20' Storm Sewer Easement" and "Stormwater Management Esm't" which shall run with the land and be perpetual easements for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of stormwater and its transmission through and across said Property of Declarant, said easements being more particularly bounded and described on the Section Four Plat. The foregoing easements are subject to the following conditions where applicable: (a) All storm sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the County, its successors and assigns. (b) The County and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the easements and right to use adjoining land where necessary; 8 provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land. (c) The County shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the County, at its own expense, shall restore, as nearly as possible, the premises to their original condition. Such restoration shall include the backfilling of trenches, the replacement of structures and other facilities located outside the easements, but shall not include the replacement of structures, trees and shrubs, or other facilities located within the easements. (d) The County shall have the right to demolish all paving, curbing, and/or guttering in the easements being conveyed, deemed by it to interfere with the proper and efficient construction, installation, operation, and maintenance of said stormwater drainage lines and appurtenant facilities; provided, however, that the County, at its own expense, shall restore all non - interfering paving, curbing, and/or guttering which are disturbed in any manner by the construction, operation, and maintenance of said stormwater drainage lines and appurtenant facilities. (e) Declarant reserves the right to construct and maintain roadways over said easements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the County for the purposes named; provided however, that Declarant shall not erect any building or other structure, excepting a fence, on the easements without obtaining prior written approval of the County. 01 (f) Declarant covenants that it is seized of and has the right to convey said storm sewer easements, right and privileges, that the County shall have quiet and peaceable possession, use and enjoyment of the storm drainage easements, right and privileges, and that Declarant shall execute such further assurances thereof as may be required. (g) Declarant agrees that the agreements and covenants stated in this Deed are not covenants personal to Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. (h) The individual lot owners shall be responsible for maintenance of storm drainage easements conveyed herein in accordance with the terms and conditions of this Declaration. WITNESS the following signatures and seals: FREEDOM MANOR, LLC, Declarant By: David B. Holliday, Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: Acknowledged before me this day of , 20201 by David B. Holliday, Manager of Freedom Manor, LLC, on behalf of said company. My commission expires: Notary Public 10 FREDERICK COUNTY SANITATION AUTHORITY d/b/a FREDERICK WATER M (printed name and title) COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: Acknowledged before me this day of , 2020, by on behalf of Frederick County Sanitation Authority d/b/a Frederick Water. My commission expires: Notary Public I Michael L. Bryan, Trustee for the First Bank Deed of Trust COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: Acknowledged before me this day of 12020, by Michael L. Bryan, Trustee. My commission expires: Notary Public 12 FIRST BANK In (printed name and title) COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: by Acknowledged before me this day of , 2020, on behalf of First Bank. My commission expires: Notary Public 13 Michael L. Bryan, Substitute Trustee for the Dan Ryan Builders Deed of Trust COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: Acknowledged before me this day of , 20201 by Curtis G. Power, III, Trustee. My commission expires: Notary Public 14 DAN RYAN BUILDERS MID -ATLANTIC, LLC a Maryland limited liability company By: (printed name and title) COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: by _ LLC, a Acknowledged before me this day of , 20201 on behalf of Dan Ryan Builders Mid -Atlantic, Maryland limited liability company. My commission expires: Notary Public 15 r 0 ° McClure Way Drstwood a � Grindstone Dr. 0 ?'$o SITE Yme Lo. 14CINITY MAP SCALE 1' = 2000' -�� A 2S .'Qu C z0 SUBDI kSION ADMI ISTRA T R DA TE { 7�2 FREDERICK WA TEIr DATE 0 OF TRANSPORTA 17ON DA TF /,W1.7: 04: /J / THE ABOVE AND FOREGOING SUBDIWSION OF THE LAND OF FREEDOM MANOR, LLC [PIN 64-A-23J, AS APPEARS IN THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. ON BEHALF OF, LLC TF" STA TE OF V4RGINIA, AT LARGE COUNTY OF FREDERICK FOREGOING IN TJ!9 T WAS ACKNOWLEDGED BEFORE ME THIS -DAY OF 20)�"BY �1�,t1. ------ ON BEHALF OF FREEDOM MANOR: LLC. Nancy Tilson 5inback NOTARY PUBLIC TARY UBLIC Commonwealth of Virginia Reg. #7292148 My Commission Expires 12/31/2022 MY COMMISSION EXPIRES Z -,1) 1 %2-- : -viG' / HEREBY CERTIFY THAT THE PROPERTY CONTAINED IN THIS SUBDIV5/0N 15 A PORTION OF THE PROPERA£S CONVEYED TO FREEDOM MANOR, LLC BY DEED DATED ✓UNE 10, 2016, SAID DEED RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, ORGINIA AS INSTRUMENT 160005456. FINAL PLA T OF SUBDIVISION FREEDOM MANOR SECTION FOUR SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE. MARCH J1, 2020 1 COVER SHEET ,TH o � P. Duane Brown Lic. No. 001285 March 31, 2oRa SHEET 1 OF 12 l9ND SURvS�o4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office@marshandleaae.com DRAWN BY HBK DWG NAME- &10174-sub-sec4 NORTH VA NAD 83 ZONE STATE GRID SHEET INDEX LOTS SHEET 1-5, 32 5 6-10, 29-31 6 11-15, 22-26 7 16-19 8 20-21 9 27-28, 39-42 10 OPEN SPACE F 5-8 OPEN SPACE G 10 OPEN SPACE H 7-12 U.S RIOr/1F 522 (FRW RONAL W) N MANS MY RIW O I PIN 64-A-23A ROBIN CASEY-WILISCH I INST. 030029416 W ® / OPEN SPACE H 20 l 19 221 18 /0.S. D 17 © I 46 0. S. E I 45 22 16 47 23 15 44 48 24 14 43 � 49 25 � 13 / 50 ~ � 42 41 � i 12 51 27 26 t 11 52 Emory NAY Si0' R ~ 10 53 39 40 9 54 38 28 29 i 8 55 37 O.S. G 30 7 59 58 57 56 36 31 6 35 EJC DAWD D Wr 34 32 5 74 j 76 77 7; \ �-- — 33 79 3 80 2 81 1 82 OPEN SPACE F OPEN SPACE A KEY MAP FINAL Pt T OF SUBDIVISION FREEDOM MANOR SECTION FOUR SHA MEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE. MARCH A 2020 I SCALE 1 " = 200' I SHEET 2 OF 12 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office@marshandlegge.com AD✓0/1VING PROPERTIES (D PIN 640-A-30 ANN S 009 7RUS7EE INST. 04GIA79514 PIN 640-A-27 LENS £. RE10 INST. 1501004272 0) PIN 640-A-28 RMANN£ L. MAOIGAN INST. 1200010186 PIN 640-2-A-1 R08ERT M. LARGENT 08 887 PG 822 PIN 6 ®A-2 MEW S 9009,, 7RUSU INST. 160000525 PIN 64-3-A SHENANDOAH MEMORIAL PARK, INC. DB 934 PG 694 GRAPHIC SCALE 0 100' 200' 400' 1 inch = 200 ft. �-i,TH OF P. Duane Brown Lic. No. 001285 lKac-c,*k 3141 2a o LAND SURv�r'`t�4 DRAWN BY HBK DWG NAME- &10174-sub-sec4 CURVE TABLE CURVE DELTA RADIUS ARC ITANGENT CHORD CHORD BEARING 1 02'50'30" 518.49' 25.71' 12.86' 25.71' N59'57'33"E 2 81'56'32" 25.00' 35.75' 21.71' 32.78' S80'29'26"E 3 04*11'59" 175.00 12.83' 6.42' 12.82' S41'37'10"E 4 90'00'00" 25.00' 39.27' 25.00' 35.36' S40'05'37"E 5 90'00'00" 25.00' 39.27' 25.00' 35.36' N49'54'23"E 6 56'07'00" 200.00' 195.88' 106.60' 188.15' S67'34'41 "E 7 08'27'21" 300.00' 44.27' 22.18' 44.23' N88'35'30"E 8 10*32'34" 300.00' 55.20' 27.68' 55.12' N00'21'54"W 9 07'42'33" 225.00' 30.27' 15.16' 30.25' S43'22'27"E 10 13'58'49" 225.00' 54.90' 27.59' 54.76' S54'13'08"E 11 13'58'49" 225.00' 54.90' 27.59' 54.76' S68-11'57"E 12 13'58'49" 225.00' 54.90' 27.59' 54.76' S82'10'45"E 13 06'28'01" 225.00' 25.40 12.71' 25.38' N87'35'50"E 14 07'55'57" 275.00' 38.07' 19.07' 38.04' N88'19'48"E 15 00'31'23" 275.00' 2.51' 1.26' 2.51' S87'26'31 "E 16 57*14'30" 14.50' 14.49' 7.91' 13.89' S58'33'35"E 17 33'28'46" 58.50' 34.18' 17.60' 33.70' S46'40'43"E 18 42'49'11" 58.50' 43.72' 22.94' 42.71' S84'49'42"E 19 43'29'42" 58.50' 44.41' 23.34' 43.35' N52'00'52"E 20 44'27'08" 58.50' 45.39' 23.90' 44.26' N08'02'27"E 21 42'29'25" 58.50' 43.38' 22.74' 42.40' N35'25'50"W 22 56'31'27" 58.50' 57.71' 31.45' 55.40' N84'56'16"W 23 30'29'21" 58.50' 31.13' 15.94' 30.76' S51'33'20"W 24 51 *19'04" 16.81' 15.05' 8.07' 14.56' S62'48'21 "W 25 06'39'03" 325.00' 37.73' 18.88' 37.70' S89'29'39"W 26 01'48'18" 325.00' 10.24' 5.12' 10.24' S85'15'58"W 27 90'00'00" 25.00' 39.27' 25.00' 35.36' N50'38'11"W 28 05'09'21" 275.00' 24.75' 12.38' 24.74' NO3'03'30"W 29 05'23'13" 275.00' 25.86' 12.94' 25.85' NO2'12'47"E 30 09,47" 5" 325.00' 55.52' 27.83' 55.45' S00'00'46"W 31 00*45'18" 325.00' 4.28' 2.14' 4.28' S05'15'31 "E 32 90'00'00" 25.00' 39.27' 25.00' 35.36' S39'21'49"W 33 19'36'18" 175.00 59.88' 30.24' 59.59' N85'50'02"W 34 32"8'44" 175.00' 98.69' 50.70' 97.39' N5952'31"W FINAL PLAT OF SUBDI VISION FREEDOM MANOR SECTION FOUR SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE • MARCH 31, 2020 jijpl,TH Op- 7�%N' P. Duane Brown Lic. No. 001285 M&Mh 31, 2ozv SHEET 3 OF 12 l9ND s u>izv S�04 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office0marshandlegge.com DRAWN BY.• HBK DWG NAME.- &10174-sub-sec4 LOT NUMBER AREA 1 9,440 SQ. FT, 2 8,050 SO. FT. 3 8,843 SQ. FT. 4 8,843 SQ. FT. 5 8,827 SQ. FT. 6 8,437 SQ. FT. 7 8,052 SQ. FT. 8 8,052 SO. FT. 9 8,052 SQ. FT. 10 8,052 SQ. FT. 11 8,052 SQ. FT. 12 8,052 SQ. FT. 13 8,052 SQ. FT. 14 8,422 SQ. FT, 15 8,353 SQ. FT. 16 9,547 SQ. FT. 17 10,027 SQ. FT. 18 11,642 SO. FT. 19 11,704 SQ. FT. 20 10,997 SQ. FT. 21 10,786 SQ. FT. 22 8,003 SQ. FT. 23 8,663 SQ. FT. 24 8,726 SQ. FT. 25 8,843 SQ. FT. 26 11,597 SQ. FT. 27 8,767 SQ. FT. 28 8,002 SQ. FT. 29 8,600 SQ. FT. 30 8,326 SQ. FT. 31 8,889 SQ. FT. 32 8,531 SQ. FT. 39 9,106 SQ. FT. 40 8,027 SQ. FT. 41 7,686 SQ. FT. 42 10,907 SQ. FT. AREA IN LOTS 322,955 SQ. FT. AREA IN LOTS 7.4141 ACRES AREA SUMMARY AREA IN LOTS 7.4141 ACRES OPEN SPACE F 2.3827 ACRES G 0.5070 ACRES H 2.4816 ACRES AREA IN OPEN SPACE 5.3713 ACRES AREA IN RIGHT-OF-WAY 1.7018 ACRES TOTAL AREA SUBDIVIDED 14.4872 ACRE NUMBER OF LOTS 36 AVERAGE LOT SIZE 8,971 SO. FT. MINIMUM LOT SIZE 7,686 SO. FT. NOTES 1. IRON RODS ARE TO BE SET AT ALL PROPERTY CORNERS NOT PRE OUSL Y MONUMENTED. 2. EXISTING ZONING: RP (RESIDENTIAL PERFORMANCE) .3. EXISTING USE- VACANT 4. BRL DENOTES BUILDING RESTRICTION LINE FRONT BRL: 25' REAR BRL: 20' SIDE BRL: 8' FINAL Pt T OF SUBDIVISION FREEDOM MANOR SECTION FOUR SHA MEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE. MARCH .31, 2020 ��LTH OF. P. Duane Brown Lic. No. 001285 Merck 31, toga SHEET 4 OF 12 4 9ND SuWgl�: Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office©marshandlegge.com DRAWN BY HBK DWG NAME.• &10174-sub-sec4 �,�'� `�'�.�• LOT 31 SEE SHEET 6 LOT 6 I S00 49 n VA "AD 6�tij� Ste_ 4= J2¢, NORTH ZONE STATE 83 GRID ° � � BRL -� o LOT 32 �Q"/ 12 �� IfLOTS w\8, 531 50. FT. h /N %'q B j • 8,827S0.FT./ ow \ '1� STORM SEWER a::� \ EASEMENT j ��`�IEREBY CR�A7LLIED) 6 -A, LU Ire. LOT 33 �gP .. i 00 6?, BR FREEDOM MANOR % ' 'ci SECTION ONE Y / v / LOT 4 eR( INST. 190004229 , 3 Qv \ 8,843 50. FT. 2 + 00(111 9 LOT 3 eN. 53 / 2121, 8, 843 SO.. FT.�� LOT 2 °�_ ��• '�°/ / 0`��� to 2 / 7.66' / �, \ `r'�ro• 8, 850 50. FT. --STORM SEWER� EASEMENT �� _ , �� i �� •. (HEREBY CREATED) &h moo. �� LOT 1 `\ \�v "-6 N v 9, 440 S0. FT. 15 $ L� y do Sol., , (10 Ny. \ 43 0 91 "V� 166' OPEN SPACE F 9 - • 31,1 103,791 SQ. FT. rr%+• y� \ \ S29'49'03"E 8.40' , S �� S11'40 32 •� 48.04' * 20' STORM SEWER EASE- NT �— E (HEREBY CREATED)GRAPHIC SCALE �+ \ \ 0 25' 50' 100' •� \ 1 inch = 50 ft. L,9�9 O,q \ \ \ 6� L ' •. \ 30' FREDERICK WATER EASEMENT ' �— (HEREBY CREATED FRONT BRL: 25' REAR BRL: 20' SIDE BRL: 8' SEE SHEET 3 FOR CURVE TABLE FINAL PLAT OF SUBDIVISION FREEDOM MANOR SECTION FOUR SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA N0828:37'�V 70.16' M12'.38'07'W 59.11�/ DATE • MARCH 31, 2020 I SCALE- 1 " = 50' I SHEET 5 OF 12 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office@marshandlegge.com I,TH OF Lr� �o �r P. Duane Brown Lic. No. 001285 Morel 31,PDZo LAND SUR'q's � DRAWN BY HBK DWG NAME- &10174—sub—sec4 SEE SHEET 7 LOT 27 i' LOT 26 I I I LOT 11 NORTH z4 ONA NE D 63 -� i � ISTATEGRID ' I S059871 "E 132. 00' I o•'�--�___ _ N r _ -- - w 8' BRL _ N05;38'1I "W 101.65' I I LOT 10 m I o w ----e I I N 8, 052 SQ. FT. o I I I N U_ EQUITY WAY — 50, R/W 8' BRL I 50538'1I "E` — — 51.65' -� r---132 0 --- ____ w I t 8' BRL I I t 25' BRL i b I I m LOT 9 m( O �O N 8,05250 FT. o i LOT 28 I `O LOT 29 Ni I i ` - - S0538'11 "� —BRL 1 18, 600 50. FT. - I t cv I � I r----132.00=--- _ I— 20_BRL — I I I 0 1 J s BRL I Io Im LOT8 51.07_ 80.93' I = I 8, 05250. FT. iN I `° -N05 38'11 "W 132. 00(TO-W[ I ` - - 50538'11 ",�—BRL I Tj w o L0,rJ0 JI I I r---132.00=--- 8, 326 50. FT m i I I o I J 8' BRL I a �1 Nt col O Im LOT �I o� r� w ' BRL I v I `O t N 8, 052 S0. FT. o f a- - N05_ 38')1_{r-- V — — 8 BRL 118.171 Z 505:38'1I "£- - - L Z 8 t ' BRL - - i� L8J I - - -----_ - - i a^ °j m I I 8 BRL 0�1�; I LOT.31 1 "' I I I N 8, 889 50. FT. I p ( m LOT 8 I a m 1 11 i N 8, 437 50. FT. b ' ' N :� BRL411 I ti ►� 12,7 12 �c LOT 32 LOT 5 U aQ y STEM SEWFR EASEMENT (HEREBY CREATED) '�• / / 11 LOT 4 `% i� \ LOT 33�dt / GRAPHIC SCALE Z 3 0 25' 5O' 100' FRONT BRL: 25' 6 16• 77� REAR BRL: 20' 1 inch = 50 ft. c9� LOT 3 \ SIDE BRL: 8 SEE SHEET 5 SEE SHEET 3 FOR CURVE TABLE FINAL PLA T OF SU8DI VISION UA j� FREEDOM MANOR �r SECTION FOUR ' �'SHAWNEE MAGISTERIAL DISTRICTwnerFREDERICK COUNTY,/RGINIA 850DATE.• MARCH 31, 2020 SCALE.• 1" = 50' SHEET 6 OF 12 ¢ Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN 8Y H8K PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandlegge.com DWG NAME.' &10174—sub—sec4 I 1 SEE SHEET 9 I SEE SHEET 8 /1 r OPEN SPACE H 1 \ I _ 108,097 SQ. FT. ,fir NORTH VA I � W� SO?• �O" NAD 83 - - ¢9=��0 , r P ZONE STATE GRID w `/ I� 8' BRL LOT 16 I / c.; 20' STORM SEWER EASEMENT \ \ / W o LOT 22 m � I r :o HEREBY CREA TED) 8R( 8, 003 SQ. FT. � I ,o r o 1 r Ni ry `qI I _SO149 yO-,W 8 BRl —T`30. 76_-7� Jj or 1 ►h LOr15 y� �� �� cp r� I o LOT 2.3 `V 8, 353 50. FT. h I N 8, 663 S0. FT. h l 1 1 18' BRL NI ► SO?17¢7u 8 BRl N/ _-No3_w I 8' BRL 38_ — --� I I I 8 BRL ( �i ;n LOT2� �I o I h I� 8,42�S0. FT. ml :J CO m oo to ao I I o 8, 726 S0. FT. I o, i ,� I N I a� L 8' BRL — J 505— ;j_ 8_ '11 "j- B=BRL J _ ------ V I r——132.0� —145.44= — —�� I I 8' BRL I BRL w J I I m LOT 25 I o f Q t o I m LOT 1.3 m l o v h I N 8, 843 50. FT. N( i Q `D i N 8,05250 FT. NOS. I I — " 8' BRL ?9 �? 8' BRL i _ - S053811 E`- _ {� E?, N053811 66 i r ---132.06E --- I 88.80' J __ o Im cor12 I 20' BRL I h o I N 8, 052 S0. FT. m I I- o �r I I I NI I I -' ` — 8' BRL I m ni co I w LOT 27 I ;n I �' I i — S05:38'1I "e - — — I = a�V m LOT 2r6 I °o I d. w °D 11, 597 50. FT. i I J 8' BRL I cn ► I I I �, i I m LOT 11 l o I 25' BRL % I I= I `O i N m 8, 052 S0. FT. a I I — ---� o—_ 8' BRL -51.65 I N05:38'11 "W 132.00' w - y N05:38'11 "W 101.65' EQUITY WAY — 50' R -- 3----•-� I NV LO LOT 28 LOT 29 \� N SEE SHEET 10 ISEE 20' STORM SEINER EASEMENT i a co (HEREBY CREATED) cn z a, z LOT 10 0 cn GRAPHIC SCALE 0 '-25' 50' f 00' FRONT BRL: 25' REAR BRL: 20' LOT 9 1 inch = 50 ft. SIDE BRL: 8' SHEET 6 SEE SHEET 3 FOR CURVE TABLE FINAL PLA T OF SUBDIVISION FREEDOM MANOR SECTION FOUR SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• MARCH 31, 2020 I SCALE.• I" = 50' I SHEET 7 OF 12 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office@marshandlegge.com Op- P. Duane Brown Lic. No. 001285 Marcl, 3t, 8eto l�ND suRv�'o4 DRAWN BY.• HBK DWG NAME- &10174—sub—sec4 GRAPHIC SCALE I 0 25' 50' 100' NORTH VA NAD 83 Z 1 inch = 50 ft. ONE STATE GRID PIN 64—A-23A ROBIN CASEY—WILISCH INST. 030029416 20' STORM SEWER EASEMENT (HEREBY CREATED) _ S1515'19"E _ S00'25'36"q 2 89' 96 OPEN SPAC F 1`,791 SO. FT. I LOT 19 LOT 20 �' 1 11CR., 704 50. FT. D�/ /� \ oLJ Uj I I \ INIt cn w / LOT 18 vwi 11, 642 S0. FT. \ I z 1 1 LOT 21 �� 19 \\ 8' BRL�I J --S1614'17"E— _ _-1 0 LOT 17 N 10, 027 SO FT. OPEN SPACE H� �\ \ \ o'I -108,097 SQ. FT. J bo,� i h I ti �m LOT 18 �• I P� irk Wi N 9,547 S0. FT. 6R N, LOT 22' c� U 8' BRL_ II°o N i 1 Q; NO2¢y y0 �¢ J w ' 20' STORM SEWER EASEMENT N (HEREBY CREATED) LOT 23 1 r� 1 I LOT 15 I ,� i FRONT BRL: 25' _ I I REAR BRL. 20' � 14 LOT 14 SIDE BRL: 8' SEE SHEET 7, 1 SEE SHEET 3 FOR CURVE TABLE FINAL PLAT OF SUBDIVISION FREEDOM MANOR SECTION FOUR SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE • MARCH 31, 2020 I SCALE 1" = 50' I SHEET 8 OF 12 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office@marshandlegge.com e'p%" I'TH op, P. Duane Brown Lie. No. 001285 Mareh 31, 2oxo L9ND svRv��o4 DRAWN 8Y.• HBK DWG NAME- &10174-sub-sec4 I i PIN 64D—A-30 I ANN S. CROSS, TRUSTEE I 1 NST. 040009514 r-'—'EX 20' FREDERICK STORM SEWER EASEMENT (HEREBY CREATED) I WA TER EASEMENT 1 INST. 180006920 �1_33.00' I 27.00' I � PIN 64—A-23A ROBIN CASEY—WILISCH INST. 030029416 EX. FREDERICK WATER EASEMENT INST. 190004229 NORTH ZpNNEAO 83 STATE GRID GRAPHIC SCALE 0 25' 50' 100' 1 inch = 50 ft. S0J*46;W 2- 2%,W s 1 10' — - � [ ' — 20' STORM SEWER EASEMENT _ -'��-- SWZY27- ,�0 (HEREBY CREATED) S02'56'3T27' _ 08 �,rorAL) _�' 1 L� �S86'48'32 --i - �--� 1 61 E2051 ' -- 0 "W 13,03' 4 S15'1519 N55'27'52"W 46.30' I� 3 26 FREDERICK WATER EASEMENTIII o (HEREBY CREA TED) e• LOT 20 LOT 19 = STORYHA TER MANAGEMENT ESM'T —� 10, 997 S0. FT. N I o (HEREBY CREATED) 7 LLJ LLI N OPEN SPACE H �1 �/ m 108,097 SQ. FT. LOT 21 EX. FREDERICK WA TER EASEMENT----.�j 10, 78650. FT. // \ ,LLJ INST. 190004229 j- — — 8' BRL 1 , cwn NO1'45'54"W , ' ' 2¢g _ 1 STORMWA TER MANAGEMENT ESM J NO >0 E-128 76•96' (HEREBY CREATED) 91 OPEN SPACE E �9• / — — 4 ✓ N 10' 16'42"W 63.39' — — — 16 FROM MANOR `sue \ / 2 / I O O SECTION THREE \ / LOT 22 I h INST. 190011298cl 20FREDERICK WATER EASEMENT CL.") LOT 16 LOT 45 ;YW W HEREBY CREATED FRONT BRL: 25' REAR BRL: 20' _ J/ h SIDE BRL: 8' — I LOT 15 LOT 23 SEE SHEET 3 FOR CURVE TABLE _ J SEE SHEET 7 FINAL PLAT OF SUBDIVISION FREEDOM MANOR SECTION FOUR SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE:' MARCH ,31, 2020 1 SCALE.' 1 " = 50' 1 SHEET 9 OF 12 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office@marshandlegge.com H OF � f� SO- P. Duane Brown Lic. No. 001285 M4r4h 91, Z6za 9ND SURN��o DRAWN BY.• HBK DWG NAME.• &10174—sub—sec4 N ti •'_''=?may LOT 43 �I SEE SHEET 7 LOT 25 _ t VA NAD 83 l 20 BRASpy?9 �2 RAH ZONE STATE GRID l m ] r�—, /m co/ /� 20' BRL'— S70% SE _ I , i � o LOT 42 y " _ ��HERE-B EASE,yE-NT i o 20' BRL R _ Eqw -�% w / 10, 907 S4. FT. h o LOT 41 V' l ) N 7, 686 S0. FT. l� 25' eR� /�► o LOT 27 m L _ 2s' `� a 8, 767 S0. FT. _ r� 6,S,Sp• BRl J W , �/ LOT 26 -`O Np¢3�2�.� -00 -'S�51' Q IU E,�\ - -�- ja TY WAY. 50, �- 20, 10.37' �V � 25 BRA �iSHE'RE'gy � gEA,sE,yE/VT- /� l/ m LOT 39 l 25' BRi �' 9,106 SQ. FT. LOT 40 L 20' _ ► 8, 027 50. FT. m �� rn �i I 25 BRL l g L eR ;0 h /� �00- 20 BRt LOT 28 �3 Nam? ? 00�8,00254. FT.m� SLOT 29 4. r J• o 20_BRL LOT 38 ; Np ¢�?6E i — — [25' RAPHIC SCALE ' 0 0 Np>¢6„ 51.'07 _ 80.93 So' 100' E N05.3811 W 132.00' (TOTAL) 1 inch = 50 ft. •"� OPEN SPACE G v v w c� 22,085 SQ. FT. � LOT 30 = LOT 37 1 L' w w r FREEDOM MANOR N r SECTION THREE- INST. 190011298---..-_ �7Q r3 LOT 36 z h LOT 31 FREEDOM MANOR FRONT BRL: 25' SECTION ONE REAR BRL: 20' LOT 35 INST. 190004229 / SIDE BRL: 8' LOT SEE SHEET 3 FOR CURVE TABLE FINAL PLAT OF SUBDIVISION FREEDOM MANOR SECTION FOUR SHAWNEE MAGISTER/AL DISTRICT 34 FREDERICK COUNTY, VIRGINIA DATE.• MARCH .31, 2020 SCALE.• 1" = 50' SHEET 10 OF 12 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandleaae.com LOT 32 ` \ LTH O,F yrfP 9 P. Duane Brown Lic. No. 001285 1%Z444c*-or- xa S RV S� DRAWN 8Y.• H8K DWG NAME. &10174-sub-sec4 GRAPHIC SCALE 0 25' 50, 100' 1 inch = 50 ft. I PIN 64D—A-28 ROXANNE L. MADIGAN INST. 120000186 PIN 64D-2-A-1 ROBERT M. LARGENT DB 887 PG 822 NORTH VA NAD 83 ZONE STATE GRID 33.00' EX FREDERICK WATER EASEMENT 20' INST. 190004229 S0'! ;Wor 23s..�8' y�ySg o S02'56'387E 326.27' ' I STORM SEWER EASEMENT 0 2 F (HEREB)' CREATED) 10 c a N ri I � � a 5TORYWA TER MANAGEMENT ESM'T \ (HEREBY CREATED) \FREDERICK WA TER EASEMENT $ (HEREBY CREATED) \a rn VIM 1p �- OPEN SPACE H w w 108,097 SQ. FT. _ \ w w cn Q' '�F ! OPEN SPACE D SEE SHEET 12 PIN 64D-A-30 ANN S. CROSS, TRUSTEE 1 NST. 040009514 \ 4,1,9. . \� 09, STORM SEWER EASEMENT �8g89 (HEREBY CREA TED) -- N 01'4554"W 1i104Z%rJ51N 51 ' - 7 g oo ! EX. F '- REDERICKW TER EASEME-NT l �,� E '�-. �N�,���• co INST. 190011298 ' ? v' ; (HEREBY VACATED) I%�� �9,9. a� Z EX. STORMWATER MANAGEMENT I OPEN / SPAS E �,I m ! ACCESS EASEMENT / �h• �� ��� \ ! INST. 190011298 LOT 46 LOT 45 I I 20' STORM SEWER EASEMENT ! (HEREBY CREA TED) / EX. FREDERICK WATER EASEMENT / INST. 190004229 LOT 47 _ _---- / EX. SOVEREIGN COURT 50' RM FREEDOM MANOR I� SECTION THREE INST. 190011298 LOT 44 FINAL PLAT OF SUBDIVISION FREEDOM MANOR SECTION FOUR SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA ' DA TE.• MARCH J1, 2020 I SCALE.' 1 "= 50' 1 SHEET 11 OF 12 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office0marshandlegge.com LTH CF 7Z ON � P. Duane Brown Lic. No. 001285 March 3i 2c2o ' L9ND SURN�'.t10 DRAWN BY HBK DWG NAME &10174—sub—sec4 U.S. ROUTE 522 (FRONT ROYAL PIKE) VARIABLE WIDTH R/VV VA 83 NORTH ZONE s ATE GRID — — --- — — — __ ___ _ _ S05J9741F 16.96' _ — I I I ' , GRAPHIC SCALE PIN 64D-A-27 0 25' 50' 100' LEWIS E. REID ' INST. 150004272 1 inch = 50 ft. l I I I I I PIN 64D—A-28 ROXANNE L. MADIGAN INST. 120000186 I � I % I I I I PIN 64D-2—A-1 ROBERT M. LARGENT DB 887 PG 822 % F/NAL PLA T OF SUBDIVISION FREEDOM MANOR SECTION FOUR SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA N� PIN 64D—A-30 ANN S. CROSS, TRUSTEE INST. 040009514 , S034648£ J6 J8' S02'56'38"E 326.27' Imo. N aD eF N ^ � z w OPEN SPACE H = \ 108,097 SQ. FT. w w 2 5TORMWA TER MANAGEMENT ESM'T (HEREBY CREA TED� ' DATE. MARCH ,31, 2020 I SCALE. 1 " = 50' SHEET 12 OF 12 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office0marshandlegge.com SEE SHEET 11 H OF P. Duane Brown Lic. No. 001285 rch 9/jZ020 L9ND SUR�F'`��4 DRAWN BY.• HBK DWG NAME &10174—sub—sec4 Section 3 Plat Deed of Dedication COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 October 22, 2019 Marsh & Legge Land Surveyors, P.L.C. Attn: P. Duane Brown, LS 560 N. Loudoun St. Winchester, VA 22601 RE: Plats Freedom Manor Section 3 Property Identification Number (PIN):64-A-23 Dear Mr. Brown: This letter is to confirm that the plats for Freedom Manor Section 3 were approved on October 22, 2019, for seventeen (17) single-family detached cluster lots. Enclosed is one (1) copy of the plats for your records and distribution. Please return a copy of the recorded plats to this office. Should you have any questions, to call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd cc: Shannon G. Trout, Shawnee Board of Supervisor H. Paige Manuel and Lawrence R. Ambrogi, Planning Commissioners GIS Commissioner of Revenue Jane Anderson 107 North Kent Street • Winchester, Virginia 22601-5000 Pam Deeter From: Paige Manuel <hpmanuel@comcast.net> To: Pam Deeter Sent: Thursday, April 23, 2020 2:58 PM Subject: Read: '[External]'Read: Freedom Manor Plats Your message To: Gene Fisher; Paige Manuel; Lawrence Ambrogi Subject: Freedom Manor Plats Sent: 4/23/2020 2:17 PM was read on 4/23/2020 2:57 PM. Pam Deeter To: Gene Fisher; H. Paige Manuel; Lawrence Ambrogi Subject: Freedom Manor Plats Attachments: Freedom Manor Sec 2 plat app.docx; Freedom Manor Sec 1Townhouses plats app.docx Good afternoon, Please find attached letters from Mr. Cheran approving the plats for Freedom Manor Section 1 and Section 2. If you have any questions, please contact Mr. Cheran. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 540-665-5651 pdeeter@fcva.us Pam Deeter From: Microsoft Outlook To: Gene Fisher Sent: Thursday, April 23, 2020 2:17 PM Subject: Delivered: Freedom Manor Plats Your message has been delivered to the following recipients: Gene Fisher (gene.fisher@fcva.us) Subject: Freedom Manor Plats Pam Deeter From: Microsoft Outlook To: Lawrence Ambrogi Sent: Thursday, April 23, 2020 2:17 PM Subject: Relayed: Freedom Manor Plats Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Lawrence Ambrogi(lawbrogi(a gmail.com) Subject: Freedom Manor Plats Pam Deeter From: Microsoft Outlook To: H. Paige Manuel Sent: Thursday, April 23, 2020 2:17 PM Subject: Relayed: Freedom Manor Plats Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: H. Paige Manuel (h pma nueWcomcast. net) Subject: Freedom Manor Plats Tax Map: 64-A-23 Magisterial District: Shawnee 190011298 consideration: $0.00 Retum to: Freedom Manor, LLC 420 W. Jubai Early Drive, Suite 103 WlndwsW, VA 22501 THIS SUPPLEMENTAL DEED OF DEDICATION AND DECLARATION OF COVENANTS, CONDITIONS, and RESTRICTIONS is made and dated this _10 t day of r) b ke , , 2019, by and between FREEDOM MANOR: LLC: a Virginia limited liability company, party of the first part, hereinafter called the "Declarant"; FREEDOM MANOR HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock corporation, party of the second part, hereinafter called the "Association"; the COUNTY OF FREDERICK. VIRGINIA, party of the third part, hereinafter called the "County'; FREDERICK COUNTY SANITATION AUTHORITY d/b/a FREDERICK WATER, party of the fourth part, hereinafter called "the "Authority'; MICHAEL L. BRYAN Trustee, party of the fifth part, hereinafter called "Bryan"; FIRST BANK, party of the 'sixth part, hereinafter called "First Bank"; CURTIS G. POWER, III, Trustee, party of the seventh part, hereinafter called "Power"; and DAN RYAN BUILDERS MID -ATLANTIC, LLC, a Maryland liability company, party of the eighth part, hereinafter called "Dan Ryan Builders". WHEREAS, the Declarant caused. to be recorded a certain Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions for Freedom Manor, Section One (the "Original Deed of Dedication and Declaration'), which is recorded among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 190004229; and, WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that certain final plat drawn by P. Duane Brown, L.S., dated June 5, 2019, entitled "FINAL PLAT OF SUBDIVISION, FREEDOM MANOR, SECTION THREE", '(the "Section Three Plat') which final plat is attached hereto and incorporated herein _ by reference as if set out in full, which is a portion of the property conveyed to the Declarant by that certain deed dated June 10, 2016 from Shen -Valley Land Holdings, LLC, a Virginia limited liability company, which deed is of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 160005456; and, WHEREAS, the Declarant desires to subdivide said real estate, as shown on the aforesaid attached Section Three Plat, into lots for the construction of dwelling units thereon, and the above -referenced Section Three 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 green space, sanitary sewer and water easements, stormwater, utility, and ingress -egress easements, all of which shall constitute a c� NO CJ1 portion of that development known as Freedom Manor, and which common areas shall be owned and/or maintained by Freedom Manor Homeowners Association, Inc. (the "Association") upon the terms and conditions set forth hereinafter; and WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Freedom Manor, Section Three, and the subdivision of said real estate is with the free consent and in accordance with the desires of the undersigned Declarant which further desires to subdivide the aforesaid real estate in accordance with the provisions of Virginia law, including but not limited to the Property Owners' Association Act (Va. Code § 55-508 et seq.), including any successor statute, as are applicable and in force and effect as of the date of execution of this Supplemental Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions; and WHEREAS, the Declarant desires to convey Open Space Parcels D and E, as shown on the aforesaid attached Section Three Plat, to the Association; WHEREAS, the Declarant desires to make the lots created by this Supplemental Deed of Dedication subject to the same restrictive covenants contained In the Original Deed of Dedication and Declaration and part of the Association according to the same terns set forth therein; WHEREAS, the property subject to this Supplemental Deed of Dedication and Declaration of Covenants, Conditions is subject to the lien of a Deed of Trust dated June 16, 2016, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 160005457, given to secure First Bank the Indebtedness described therein, and First Bank, beneficiary under the aforesaid Deed of Trust, consents to the terms of .this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions and hereby directs Bryan, as Deed of Trust Trustee, to join herein to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions; and WHEREAS, the property is subject to the lien of a Deed of Trust dated June 27, 2018, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 180006622, securing a loan in favor of Dan Ryan Builders, and Power joins in this instrument to evidence his consent thereto and to release the rights -of -way and easements. created by this Supplemental Deed of Dedication from the aforesaid Deed of c9 c N co Trust and. to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication; NOW, THEREFORE, THIS SUPPLEMENTAL DEED OF DEDICATION AND DECLARATION WITNESSETH: That for and in consideration of the premises and the benefits -which will accrue by reason of .this Deed, the Declarant does hereby subdivide that portion of the property depicted on the attached Section Three Plat containing 4.8501 acres into lots and parcels to be known as Lots.36 through 38,.inclusive, Lots 43 through 56, inclusive, as well as public street right of way, Section Three, Freedom Manor in accordance with the Section Three Plat attached hereto and incorporated herein by reference as if set out in full. The Declarant does hereby grant and convey to the Association Open Space Parcels D and E, as shown on the attached Section Three Plat. . The Declarant does hereby dedicate unto the County, as public streets for public use, those certain roadways, containing 0.8626 acres in Section Three, Freedom Manor as depicted on the Section Three Plat attached hereto and incorporated herein by reference as If set out in full. The real estate herein divided shall further be subject to the access easements/rights-of-way, stormwater management easements, and sanitary sewer easements shown on the attached and incorporated Section Three Plat, . and each such easement shown thereon shall' hereby be Incorporated Into the text of this Supplemental Deed of Dedication and Declaration as if specifically set forth in full. First Bank, the beneficiary under that certain [seed of Trust of record as Instrument No. 160005457 in the aforesaid Clerk's Office, consents to the terms of this Supplemental Deed of Dedication, as evidenced by the signature hereto of Its authorized representative, and directs Bryan as Trustee to execute this Supplemental Deed of Dedication in conformity therewith in order to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of. Dedication and to release from the aforesaid Deed of Trust all of the public streets and easements dedicated by this Supplemental Deed of Dedication and Declaration. Dan Ryan Builders, the beneficiary under that certain Deed of Trust of record as Instrument No. 180006622 In the aforesaid Clerk's Office, consents to a N W the terms of this Supplemental Deed of Dedication, as evidenced by the signature hereto of its authorized representative, and directs Power as Trustee to execute this Supplemental Deed of Dedication in conformity therewith in order to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication and to release from the aforesaid Deed of Trust all of the public streets and easements dedicated by this Supplemental Deed of Dedication and Declaration. The Declarant does hereby vacate the existing Frederick Water easement, established in the Original Deed of Dedication and Declaration, in the location shown on the attached and incorporated Section Three Plat. All of the lots shown on the Section Three Plat attached hereto shall be subject to all restrictions, easements, covenants and conditions set forth In the Original Deed of Dedication and Declaration, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. The agreements and covenants stated In this Supplemental Deed of Dedication and Declaration are not covenants personal to Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. . Frederick Water Easement. The Declarant reserves unto the Authority, its successors and assigns an easement -and right of way (the "Easemento) for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities"), for the transmission and distribution of water and the collection of sanitary sewer and Its transmission through, upon and across the portion(s) of the Property shown as water, sewer, and sanitation easements on the attached and Incorporated Section Three Plat (the "Easement Area"), subject to the following conditions: (a) All Facilities which are installed In the Easement Area shall be and remain the property of the Authority, its successors and assigns. c� w co (b)The Authority and its agents shall have full and free use of the Easement for the purposes named, and shall have all .rights and privileges reasonably necessary to the exercise of the Easement, including the right of access to and from the Easement Area, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent .nature on such adjoining land. (c) The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Easement Area, including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that the Authority, at its 'own expense, shall restore, as nearly as possible, to their original condition all land -or premises included within or adjoining the Easement Area which are disturbed in any manner by the construction, operation and maintenance of the Facilities. Such restoration shall Include (1) the backfilling of trenches, (II) repaving of asphalt, concrete, composite, and other impervious areas, (lii) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Easement Area, but shall not Include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Easement Area. (d)The Declarant, its successors and assigns, reserves the right to construct and maintain roadways over the Easement Area and to make any use of the Easement Area which may not be inconsistent with the Easement rights herein• conveyed, or interfere. with the use of the Easement by the Authority for the purposes named; provided, however, that the Declarant, its c-� 0 ca successors and assigns, shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or Within the Easement Area without obtaining the prior written approval of the Authority. In the event a use of the Easement Area by the Declarant, its successors and assigns, is approved by the Authority, but requires, the relocation of any of the Facilities -or the -adjustment of the depth of any of the Facilities, all costs required to accomplish -such relocation or adjustment shall be paid by the Declarant, its successors and assigns. The Declarant, its successors and assigns, agrees that no vegetation other than (1) grass, (ii) shrubbery, and (111) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at the Declarant's risk and the Authority shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate the Declarant, its successors and assigns, for such vegetation In the event such vegetation Is damaged or destroyed during the exercise of the Authority's rights under this Easement. (e) At such time as any portion of the land within the Easement Area Is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the Authority by this instrument in such portion of land shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the Authority all necessary permits for the continued operation, maintenance, Inspection, repair and replacement of its facilities in said location. (f) The Declarant, its successors and assigns, covenants that It is seized of and has the right to convey said Easement, rights and privileges, that the Authority shall have quiet and. peaceable possession, use and enjoyment of the Easement, rights and privileges, and that the Declarant, its successors and assigns, shall execute such further assurances thereof as may be required. (g) In the event the Authority notifies the Declarant, or.. their successors or assigns, of a violation of the terms of this Easement and the Declarant, its successors and assigns, does not cure such violation within thirty (30) days of such notice, the Authority may take such action as necessary to cure such violation, including ingress and egress over any portion of the Property deemed necessary by the Authority to access the Easement Area or to enforce the Authority's rights hereunder. All costs and expenses incurred by the Authority in exercising or enforcing its rights hereunder shall be paid or, at the Authority's election, reimbursed, by the Declarant, its successors and assigns, within thirty (30) days from the date the Declarant, its successors and assigns, receives a bill or Invoice from the Authority for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. The Authority shall have the right to enforce the terms of this Easement by any remedy available at law or in equity. (h) If the Authority is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of.this Easement, the Authority shall be awarded its costs and expenses, including reasonable attomey fees. (1) The Declarant, its successors and assigns, agrees that the agreements and covenants stated . in this Section are not covenants personal to the Declarant but are covenants running with the land which are and shall be binding upon the Declarant, Its heirs, personal representatives; successors and assigns. Storm Drainage Easements. The Declarant reserves unto the County, Its successors and assigns, several variable width storm sewer easements and a twenty foot (20) storm sewer easement, Identified on the Section Three Plat as "Storm Sewer Easement" and "20' Storm Sewer Easement" which shall run with the land and be perpetual easements for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet'structures, manholes, and appurtenances for the collection. of stormwater and its transmission through and across said Property of Declarant, said easements being more particularly bounded and described on the Section Three Plat. The foregoing easements are subject to the following conditions where applicable: (a) All storm sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the County, its successors_and assigns. (b)The County and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the easements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land. (c) The County shall have the right to trim,. cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities In or near the easements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the County, at Its own expense, shall restore, as nearly as possible, the premises to their original condition. Such restoration shall include the backfilling of trenches, the replacement of structures and other facilities located outside the easements, but shall not include the replacement of structures, trees and shrubs, or other facilities located, within the easements. (d)The County shall have the right to demolish all paving, curbing, and/or guttering in the easements being conveyed, deemed by it to interfere with the proper and efficient construction, installation, operation, and maintenance of said stormwater drainage lines and appurtenant facilities; provided, however, that the County, at its own expense, shall restore all non - interfering paving, curbing, and/or guttering which are disturbed in any manner by the construction, operation; and maintenance of said stormwater drainage fines and appurtenant facilities. (e) Declarant reserves the right to construct and maintain roadways over said easements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the County for the, purposes named; provided however, that Declarant shall not erect any building or other structure, excepting a fence, on the easements without obtaining prior written approval of the County. (f) Declarant covenants that it is seized of and has the right to convey said storm sewer easements, right and privileges, that the County shall have quiet and peaceable possession, use and enjoyment of the storm drainage easements, right and privileges, and that -Declarant shall execute such further assurances thereof as may be required. (g) Declarant agrees that the agreements and covenants stated in this Deed are not covenants personal to Declarant but are covenants running with the land which are and shall .be binding upon the Declarant, its heirs, personal representatives, successors and assigns. (h)The individual lot owners shall be responsible for maintenance of storm drainage easements conveyed herein in accordance with the terms and conditions of this Declaration. WITNESS the following signatures and seals: FREEDOM MANOR, LLC, Declarant By: d B. Holliday, anager ONWEALTH O VIRGINIA (�5000UNTY OF V1nLhe4y— , to -wit: Acknowledged before me this 11 day of 2019, by David B. Holliday, Manager of Freedom Manor, LLC, on behalf of said company. My commission a ires:� Nota Pub'c �R� dAYUC�vnWafrginia �q io FREDERICK COUNTY SANITATION AUTHORITY d/b/a FREDERICK WATER By (printed name and title) COMMONWEALTH OF VIRGINIA CITY/COUNTY OF F1fP.O QACk, . to -wit: Acknowledged before me this 101A day of OCAolnCV . 2019, by M6AW, I Q an WA on 'behalf of •Frederick County Sanitation Authority d/b/a Frederick Water. My commission expires: 11- 131 (Zo23 I Ll rA17A .11(ui % 10 .. COURTM WT PIK IAMYONIAL OPVMIOIINA W CONMIWM EXPNIM 1=11 11 COMMONWEALTH OF VIRGINI+Q CITY/Eebwy OF jj�; aic.6—Sk-tr to -wit: Acknowledged before me this i day of D 2019 by Michael L. Bryan, Trustee. My commission ex A: �7 3I 6a Nota Public PHYLLIS M. NEWLIN NOTARY PUBLIC Commonwealth of Virginia Registration No.138448 My Commission Expires 12 FIRST BANK -v c w M ,COMMONWEAUTH OF RGINIA �C'COUNTY OF ` li�C . to -wit: Acknowlg�ged before me this �_ day of 2019, . byo C Tsj on behalf of First Bank. My commission expires: �� ZZ2- 1 \1�, Notary Public Kathy Davis Commonwealth of Virginia Notary Public Commisslon No. 7159997 My Commission Expires 3I3112022 13 -n c� co c, Curds G. Dower, III, Trustee OM ONWi_ALTH OF RGINIA CITY/ OUNTY OF V V to -wit: Acknowledged before me this I D '�' day of Ol.vhe . 2019, by Curtis G. Power, III, Trustee. My commission pires: R%ftv 7ft s Sam* Notary P blic of C 1� DAN RYAN BUILDERS MID -ATLANTIC, LLC a Maryland limited Ila comp y By: mAemc—w la as A!jy— t yP 44.uAyis�7ia i 1 (printed name and title) CP ONWFALTH qF, YIRGINI _ �✓ COUNTY OF Y� t�f�1.tto-wit: Ackno d e before me this day of 2019, by �\ on be alf of Dan Ryan Builders Mid -Atlantic, LLC, a Maryland limited liability company. My commis sio expires: Notary P ibli wrmy Pusuc i�pte�pp. of venal Mr CongM�p1 Born 121710M -Tv c� 0 0 T A O IuN�V M�Z{�cSt,MO QMI Dr. WE L: V1CYN/TY MAP La0pd Dr. SCALE 1' = AM' AP1mOIriD BY SUBOIV/S10N ADM/NISTRA OR DATE • g123/zol q FREDERICK WATER DATE MRGINIA OEPARMfE T OF .0 TAAON DAiT OIIIIf T LLrRWN AI£ ABO;f AND FOREGOING SUBD/VISION OF 7H£ LAND OF FREEDOM MANOR, LLC [PIN 54-A-23J AS APPEARS /N THE ACCOMPANYING PLATS,, /S Hf7H 7HE fREE CONSENT AND IN ACCORDANCE IW771 THE DESIRES OF A/E'UND£RSIGN£D ONfVU-S PROPRIE70RS AND 7Rl/ST£a /F ANY. ON BEHALF�MANDATE 0 NOTARY P STATE OF tWRGIVIA, AT LARD£ CWNTY OF FREDERICKFa _ OVS)RIMA OF , 2p��BY T WAY oON E� OL/ LFFV FR£EpOM MAN LLC.Y Nancy Tilson SlnbaCk NOTARY PUBLIC N ARY PUBLIC Commonwearch Of W►glnla W COOM on 729,214p MY COMMISS/ON EXPIRES' 1142 S7APbFYJ7�4S L�E7P1Jl7Ci17E I HEREBY CU77FY THAT 771E PROPERTY CONTAINED IN THIS SumwSI0N IS A PO 77ON OF 771E PROPERAL5 CWkflD TO FREEDOM MANOR, LLC BY DEED DA7F0 SIN£ f0, 2016, SAND DEED R£CLw£D IN AIE OWCE OF 771E CY£RK OF rw C/RwIT COURT OF FRELUER/CK COUNTY, NRGIN/A AS /NSTRUMENT 160005455 FINAL w PLA T OF SUBDI WSION TH OF Dj FREEDOM MANOR ors SECTION THREEy4���9 SHAWNEE MAGISTERIAL DISTRICT P. Duane' Brown FREDERICK COUNTY 14RGINIA Uc. No.. 001265 June 5, 2oM 114 ND DA7E ,A1NE O� 2019 COPER 5WT SHEET 1 OF 6 SUFa��o� Marsh & Legge Land Surveyors, P.L.C. DRAW BY.' 1W 560 NORTH LOUDOUN STREET - WINCHESTER, MRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandlegge.com ON'G NAME•W0174—sub—sec3 ! J O.S. D Q 1 J � !A--, _ r 47 0 48 ! !r ! r ® 49 1 50 r 51 © r 52 53 r r 54 55 ! ! 56 I ZrAAONE STATE P,R►p PIN 64-M23 REMAINDER 14AB72 ACRES O.S. E 45 C►1 43 s'J PIN 64-M23 REMAINDER 14.4872 ACRES / 35 / ® !! ft34 e PIN 64 A-23 REMAINDER 3.6219 ACRES 78 79 KEY MAP FINAL PLAT OF SUBDIVISION FREEDOM MANOR SECTION THREE SHAMES MAGISTERIAL DISMICT FREDERICK COUNTY, 19R6INIA DA7E „VINE 05, 2019 1 SCALE 1 " = 100' 1 SHEET 2 6F 6 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER. VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office0marshandleaae.com 33 GRAPHIC SCALE I inch ,Ntj!9�10D( LOTS SHEET 36-38, 54-56 4 48-53 5 43 47 6 OPEN SPACE D 4-6 OPEN. SPACE £ 6 ADJOINING PROPERTIES 0 PIN 64D-2-A-1 ` RDBERT M. LARGENT DB 887 PG 822 PIN 64D-2-A-2 9WAA D, INST. 1601170525 PIN 640-2-A-3 RAYkVND H. MAYHEW DB 458 PG 823. PIN 640-2-A-4 BARBARA L MMKIFF OB 356 PG 509 PIN 640-2-A-5 PAUL D. BROOKS DB 288 PG 608 AW 640-2 A-6 JaVWY H. AM%RMN DB 317 PG 101 PIN 640-1-8-A WADER MANUEL INST. 07OD14170 PNV 64-A-19 FREEDOM/ MANO4, LLC INST. 160095458 P. Duane Brown Lic. No. 001285 June 5, Val4 1{, "�;ab suRvllc4 DRAW BY H9K DWG NAME H10174-sub-sec3 CURVE TABLE CURVE ` DELTA RADIUS ARC TANGENT CHORD CHORD BEARING 1. 11'33'59" 363.00' 73.28' 36.76' 73.15' N09'06'07"E 2 9115'16" 25.00' 39.96' 25.70' 35.84' N49'06'46"E 3 77'40'21" 25.00' 33.89' 20.13' 31.35' N4615'26"W 4 90'00'00" 25.00' 1 39.27' . 25.00' 35.36' S49754'23"W 5 90'00'00" 25.00' 39.27' 25.00' 35.36' N40'05'37"W 6 1511'35" 200.00' 53.03' 26.67' 52.88' S77'29'49"E 7 6333*17" 14.50' 16.08' 8.98' 15.27' S5318'58"E 8 30'51'14" 58.50' 31,50' 16.14' 31.12' S36'57'56"E 9 5219'13" 58.50' 53.42' 28.73' 51.58' S78'33'09"E 10 44'05'52" 58.50' 45.02' 23.69' 43.92' N53"14'19"E 11 34'00'15" 58.50' 34.72' 17,89' 34.21' N1411'16"E 12 57'48'08" 58.50' 59.02' 32.30'. 56.55' N31'42'55"W 13 4716'47" 58.50' 48.27' 25.61' 46.92' N84'15'23"W 14 25'S0'51" 58.50' 26.39' 13.42' 26.17' S5910'47"W 15 48-39-02" 19.62' 16.66' 1 8.87' 1 16.16' S70'34'54"W LOT NUMBER AREA . 36 10.493 SQ. FT. 37 8,114 SQ. FT. 38 8.095 SQ. FT. 43 8,B56 SQ. FT. 44 8,182 SQ. FT. 45 10,308 SQ. FT. 46 12,603 SQ. FT. 47 8,639 SO. FT, 48 8,537 SQ. FT. 49 8,000 SQ. FT. 50 8,000 SQ. FT. 51 8,000 SQ. FT. 52 8,000 SQ. FT. 53 8,000 SO. FT. 54 8,000 SQ. FT. 55 8,000 SQ. FT. 56 10,601 SO. FT. AREA IN LOTS 150,428 SQ. FT. AREA IN LOTS 3,4534 ACRES AREA SUMMARY AREA IN LOTS 3.4534 ACRES OPEN SPACE D 0.3746 ACRES E 0.1595 ACRES AREA IN OPEN SPACE AREA IN RIGHT-OF-WAY .TOTAL AREA SUBDIVIDED NUMBER OF LOTS 05141A.CRES AVERAGE LOT SIZE MINIMUM LOT SIZE . PIN WA-23 REMAINDERI 1 18.1091 ACRES NOTES 1. IRON RODS ARE TO B£ SET AT ALL PROPERTY CORNERS NOT PREVIOUSL Y MOPVUMENTED. 2. ENSANO ZONING.' RP (RESIDENTIAL PERFORMANCE) 3 EXISTING USE- VACANT 4. BRL DENOTES BUILDING RESTRICAON LINE FINAL PLA T OF SUBDI14SION FREEDOM MANOR SECTION THREE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, 14RGINIA DATE.• DUNE 05 2019 OF V �4JCsa,ti..;�+orew9 P. Duane, Brown Lic. No. 001285 Jon& S, 2019 SHEET 3 OF 6 lgxD SUINS Marsh & Legge Land Surveyors, P.L.-C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 567-0469 EMAIL office@morshandiegge.com WN BY.• HW DWG NAME W0174-sub-sea SEE SHEET 5 _ �f OPEN SPACED _ I \ y NORTH Z0~- o 16,316 SO. FT. 52 ''��I \ \ -� GM EX FREDERW WATER EASEMENT � y � REMAINDER INST. 190004299 PIN 64 A-23 c "� I (HEREBY VACATED) I \ ! $ 14.4872 ACRES C \ �y GRAPHIC SCALE 53 \ \�y 0 25' 50' 100' 0 ' f EX. OUERH£AD ELECTRIC I \ Jy 1 Inch = 50 it. c� 8.6RL _r3p9 V8. LOT 5/ ! � I !" eono 50. FT I `a Lordll9 1 ! �c�!8. �o9s so. Fri �. W55 8 000 SO.. FT C 0 f �! f `O ! LOT J7 9 4114 SO, FT. r a 20(H OW ORCRE ES � i � yy f � _ —, ti Lor 5s ► y ^ ! Lor .GIsi� �u 10,601 SQ. FT. 1 ?S, in io, 493 so. Fr F �. — 1v55t��!'w 14 '8, 44 a' 1 A/0#41 .1 STaW SEVER £ASEM£NT-,-- � -' , �P,M � -5' Br7L / LOT 35 3 (HEREBY CRE_AT£D / AV775' 81Y 5851 "{ • 2 � y ��,�� e EX. NORTHERN t WWA P 1{ER IX. DAVID DRIVE COMPANY ELECTRIC LINE EASEMENT 50' RAN OB 213 PG 285 _ LOT 34 I / REMAINDER LOT 78 / \ PIN 64-A-23 3.6219 ACRES LOT 79 I FREEDOM MANOR FRONT BRL: 25' SECTION ONE REAR BRL: 20' INST. 1 004229 SIDE BRL: I� SEE SHEET 3 FOR CURVE TABLE FINAL PLA T OF SUSDI14SION FREEDOM MANOR UNo.O01285 SECTION THREE SHAWEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE ✓UN£ 04 2019 SCALE 1" = 50' .SII££T 4 OF 6 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAW BY.•. HBK PHONE (540) 667-0468 - FAX (540) 667-0469 DWG NAME W0174—sub—sec3 EMAIL office®marshandlegge.com PIN 640-2-A-2 SEE SHEET 6 tf j EX. OI�ERHEAD ELECTRIC VA�p83 �CRAPUICALE 1 q Ij 47 MOWNZ°►u� sratE GRID0 ' 25' 50' 100' 1 1 inch 50 k P/N 649-2-A-3 1 /- LOT 48 \ \ RAW6YVD H. MAYHEW � � / � 8,537 SO.. FT. DB 458 PG 823 BRL 43 20' STORM SEVER EASEMENT LOT 49 , \ (HEREBY L:Ytm /To) /� 8000 SO FT. 9/ PIN 640-2-A-4 BARBA RA L. MIDKIFF DB 356 PG 509 —/do � — ~ —_�� •\� o LOr 50 000 50. FT. 1 �8• / \ \y 1 PIN 64D-2-A-5 1� f- �' -N�Z"E_� - „! 10 PAUL D. BROOKS DB 288 PG'608' LOT 61 / a 8,0M SO.. Fr _ �• $ Qo 1 `O LOT62 7 O 1 j 8,000 Sr, FT. 9 l b co y %�k N REMAINDER p 1� ~ �N.�"Y"E` .J \ J �t PIN 84 A-23 I a'-17pg3, — \ y 14.4872 ACRES / % `' - - 1 � J � � torte � r ti�� 1 � • 800050 Frf 1 0 s EX. FREDERICK WATER EASEMENINST T 38 (HERY VAC EB7% 2Y9l �y - I FRONT BRL: 25' 54 Q\ \! REAR BRL: 20' ----SIDE BRL: 8' SEE SHEET 4 \ \�/ SEE SHEET 3 FOR CURVE TABLE FINAL PLA T OF SUBDI VISION FREEDOM MANORr,� SECTION THREE �� a SHAWNEE MAGISTERIAL DISTRICT P. Duane Brown FREDERICK COUNTY, WRG/NIA Lie. No. 001285 .lone S 2a/4 DATE ,VNE 05, 2019 SCALE 1' = 50' SIIE£T 5 OF 6 d fND suRv'io4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRANV BY.• HEW PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandiegge.com DW NAME id10174—sub—sec3 R EX. OVERHEAD ELEC7RIC REMAINDER NORTH VA N 883 I. PIN 64-A-23 zWVE STALE q�p = 14.4872 ACRES 20' SeaWA7FR MANAGEMENT 't CCESS EASEMENT (HEREBY CR£A7E0 c c OEN l 8P316 SQ. Fr.D y /ii ll l t T.39' Cr I 1 OPEN SPACE E LOT 466 949 sQ. Fr. l 1 \ 12,603 so FT I \� �99 b! 7:+ J f I �10,308tor S0. FT \ // 1 i '�f / \ u�2Qi�f�FDERICK WATER'ASE qff / —ti= \ (HEREBY CREAU)196, \ / I LOr 47 / 0- / 'n 1 1 Ih , S14 4639 SO FT 42'46 �—N03360B'1Y-� 1 _ 110 J� I LOT 44 1 1pp� 8,,182 SO. FT48 �� C 1 X. FREDERICK WATER EASEMENT NST. 190004299 1 (HEREBY VAC47E0) LOT 4J a Jf-20' STORM SERER EASEMENT - 8,856 SO. FT o �p \ Jy 8 1 (HEREBY CREA7E0) + + BRL+ 49 U �4'sj' REMAINDER 11 PIN 64-A-23 14.4872ACRES 1 50 �� SEE SHEET 3 FOR CURVE TABLE pY FRONT BRL: 25' / r � \ y REAR BRL 20' SIDE BRL 8' GRAPHIC SCALE Jy © 0 25' 50' 100' SEE SHEEP 5 1 Inch = 50 ft. FINAL PLAT OF SUBDIVISION Dj FREEDOM MANOR �o SECTION THREE SHAWNEE MAGISTERIAL DISTRICT P. Duane Brown FREDERICK COUNTY, I4RGINIA Laic. No. 001285 .tune S' Zol4 t fND BURQ�� DA7E Af/N£ 05 2019 SCALE 1 " = 50' S7 &7 6 OF 6 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY- HBK PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office0marshandlegge.com DWG NAME. id10174-sub-sec3 VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on 10'2N-Z019 at I j;��OiyYl and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ N/A , and 58.1-801 have been paid, if assessable. 44 e� Y� 'Clerk TO: FROM: DATE: SUBJECT: CC: Memorandum Mark Cheran Patrick Sowers October 11, 2019 Freedom Manor — Section Final Plat and Bond (( 0 '`/j 1(c� H Li L { f OCT 1 1 2019;'ry Please find attached two originals of the Freedom Manor Section 3 plat for your final signature. I have also attached the revised deed of dedication which has been updated to address Rod Williams' comments as follows: 1) 2"d paragraph of page 3 dedicates the open space to the HOA 2) The last two paragraphs on page 3 provide release language for the public streets and easements from the existing deeds of trust. I have also attached the subdivision bond in the amount of $213,261.00. 1 would note that the application fee for both the bond establishment and the subdivision were paid with the initial submission. If you have any questions or need additional information, please contact me at (540) 336-3333. 420 W Jubal Early Drive, Suite 103 • Winchester, VA 22601 , Ph: 540-667.2120 * Fx: 540-667-5414 Pam Deeter To: Shannon Trout; H. Paige Manuel; Lawrence Ambrogi Subject: Freedom Manor Section 3 Attachments: Freedom Manor Sec 3 plats app.docx Good afternoon, Please find attached an approval letter from Mr. Cheran for the Freedom Manor Section 3 which is located in magisterial district. If you have any questions, please contact Mr. Cheran. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 540-665-5651 pdeeter@fcva.us Pam Deeter From: Microsoft Outlook To: Shannon Trout Sent: Wednesday, October 23, 2019 3:24 PM Subject: Delivered: Freedom Manor Section 3 Your message has been delivered to the following recipients: Shannon Trout (strout(Ocva.us) Subject: Freedom Manor Section 3 Pam Deeter From: Microsoft Outlook To: Lawrence Ambrogi Sent: Wednesday, October 23, 2019 3:24 PM Subject: Relayed: Freedom Manor Section 3 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Lawrence Ambrogi (lawbrogi(&gmail.com) Subject: Freedom Manor Section 3 Pam Deeter From: Microsoft Outlook To: H. Paige Manuel Sent: Wednesday, October 23, 2019 3:24 PM Subject: Relayed: Freedom Manor Section 3 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: H. Paige Manuel (hpmanuelC&comcast.net) Subject: Freedom Manor Section 3 tA Dace Holliday fonutunion, Inc. September 4, 2020 Candice Perkins, AICP Deputy Director Department of Planning and Development Frederick County 107 North Kent Street Winchester, VA 22601 RE: Freedom Manor — Section Two Transfer of Development Rights (TDR); Lots 58-59, 73-75 Dear Candice, As you know, the approved proffer statement for Freedom Manor permits the use of TDR's in lieu of monetary proffers. Specifically, Proffer 5.1 of the approved proffer statement reads as follows: 5. Option for use of Transfer of Development Rlohts Ordinance 5.1 In lieu of the per unit monetary contribution as provided for by Proffer 4.1, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the 7DR Ordinance") to provide for development of any/all of the proposed 300 dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments shall remain applicable to such dwelling units. To date, we have applied 8 TDR's to single family lots in Section One and 17 TDR's to single family lots in Section Three. We recently recorded Section Two of the project. For reference, the recorded subdivision for Section Two (Instrument #200004402) is attached. In order for occupancy permits to be issued for lots 58-59 and 73-75 of Section Two, we will be utilizing the remaining 5 TDR's of the 30 TDR's which were assigned to Freedom Manor and then extinguished by Instrument #170007328, as attached. To aid in keeping track of the assigned TDR's, I have attached a spreadsheet showing the lots to which the TDR's will apply and their source document. As future sections progress, I will continue to update this spreadsheet so that all TDR's used for the project are tracked with a single document. If you have any questions or would like to discuss further, please feel free to contact me at (540) 336-3333. Sincerely, Patrick Sowers Director of Land Development 420 W. Juba] Early Drive, Suite 103 • Winchester, VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 Freedom Manor - TDR Assignment by Lot Revision Date: 9/3/20 Section Lot Housing Type TDR Source TDR's Assigned TDR s Remaining From Source 1 33 SFD Inst #170007328 1 29 1 34 SFD Inst #170007328 1 28 1 35 SFD Inst#170007328 1 27 1 78 SFD Inst #170007328 1 26 1 79 SFD Inst #170007328 1 25 1 80 SFD Inst #170007328 1 24 1 81 SFD Inst #170007328 1 23 1 82 SFD Inst #170007328 1 22 3 36 SFD Inst #170007328 1 21 3 37 SFD Inst #170007328 1 20 3 38 SFD Inst #170007328 1 19 3 43 SFD Inst#170007328 1 18 3 44 SFD Inst#170007328 1 17 3 45 SFD Inst#170007328 1 16 3 46 SFD Inst #170007328 1 15 3 47 SFD Inst #170007328 1 14 3 48 SFD Inst #170007328 1 13 3 49 SFD Inst #170007328 1 12 3 50 SFD Inst #170007328 1 11 3 51 SFD Inst #170007328 1 10 3 52 SFD Inst #170007328 1 9 3 53 SFD Inst #170007328 1 8 3 54 SFD Inst #170007328 1 7 3 55 SFD Inst #170007328 1 6 3 56 SFD Inst #170007328 1 5 2 58 SFD Inst #170007328 1 4 2 59 SFD Inst #170007328 1 3 2 73 SFD Inst #170007328 1 2 2 74 SFD Inst #170007328 1 1 2 75 SFD Inst #170007328 1 0 TDR Source Documents Total TDR 's Inst #170007328 30 Tax Map: 64-A-19, 64-A-20, 64-A-23 Magisterial District: Shawnee 200004402 Consideration: $O.OD Return To: Freedom Manor, LLC 420 W. Jubal Early Drive, Suite 103 Winchester, VA 22601 HIS SUPPLEMENTAL DEED OF DEDICATION AND DECLARATION OF COVENANTS, CONDITIONS,and RESTRICTIONS is made and dated this 2y r_ day of P^ *.- G, 2020, by and between FREEDOM MANOR, LLC, a Virginia limited liability company, party of the first part, hereinafter called the "Declarant"; FREEDOM MANOR HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock corporation, party of the second part, hereinafter called the "Association"; the COUNTY OF FREDERICK. VIRGINIA, party of the third part, hereinafter called the "County", FREDERICK COUNTY SANITATION AUTHORITY d/b/a FREDERICK WATER party of the fourth part, hereinafter called the "Authority"; MICHAEL L. BRYAN, Trustee, party of the fifth part, hereinafter called "Bryan'; FIRST BANK, party of the sixth part, hereinafter called "First Bank"; CURTIS G. POWE.$, 11I, Trustee, party of the seventh part, hereinafter called "Power"; and DAN RYAN BUILDERS MID -ATLANTIC, LLC. a Maryland liability company, party of the eighth part, hereinafter called "Dan Ryan Builders". WHEREAS, the Declarant caused to be recorded a certain Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions for Freedom Manor, Section One (the "Original Deed of Dedication and Declaration'), which is recorded among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 190004229;and, WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that certain final plat drawn by P. Duane Brown, L.S., dated December 13, 2019, entitled "FINAL PLAT OF SUBDMSION, FREEDOM MANOR, SECTION TWO", (the "Section Two Plat'l which final plat is attached hereto and incorporated herein by reference as if set out in full, which is a portion of the property conveyed to the Declarant by that certain deed dated June 10, 2016 from Shen -Valley Land Holdings, LLC, a Virginia limited liability company, which deed is of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 160005456; and, WHEREAS, the Declarant desires to subdivide said real estate, as shown on the aforesaid attached Section Two Plat, Into lots for the construction of dwelling units thereon, and the above -referenced Section Two 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 green space, sanitary sewer and water easements, stormwater, utility, and ingress -egress easements, all of which shall constitute a O r10 CIO c-n STC portion of that development known as Freedom Manor, and which common areas shall be owned and/or maintained by Freedom Manor Homeowners Association, Inc. (the "Association') upon the terms and conditions set forth hereinafter; and WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Freedom Manor, Section Two, and the subdivision of said real estate is with the free consent and in accordance with the desires of the undersigned Declarant which further desires to subdivide the aforesaid real estate in accordance with the provisions of Virginia law, including but not limited to the Property Owners' Association Act (Va. Code g 55-508 et seq.), including any successor statute, as are applicable and in force and effect as of the date of execution of this Supplemental Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions; and WHEREAS, the Declarant desires to convey Open Space Parcels A and C as shown on the aforesaid attached Section Two Plat, to the Association; WHEREAS, the Declarant desires to make the lots created by this Supplemental Deed of Dedication subject to the same restrictive covenants contained in the Original Deed of Dedication and Declaration and part of the Association according to the same terms set forth therein; WHEREAS, the property subject to this Supplemental Deed of Dedication and Declaration of Covenants, Conditions is subject to the lien of a Deed of Trust dated June 16, 2016, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 160005457, given to secure First Bank the Indebtedness described therein, and First Bank, beneficiary under the aforesaid Deed of Trust, consents to the terms of this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions and hereby directs Bryan, as Deed of Trust Trustee, to join herein to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions; and WHEREAS, the property is subject to the lien of a Deed of Trust dated June 27, 2018, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 180006622, securing a loan in favor of Dan Ryan Builders, and Power joins In this instrument to evidence his consent thereto and to release the rights -of -way and easements created by this Supplemental Deed of Dedication from the aforesaid Deed of c-� 0 IN co v Trust and to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication; NOW, THEREFORE, THIS SUPPLEMENTAL DEED OF DEDICATION AND DECLARATION WTTNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Deed, the Declarant does hereby subdivide that portion of the property depicted on the attached Section Two Plat containing 2.2126 acres into lots and parcels to be known as Lots 57, 58, 59, 60, 61, 62, 73, 74, 75, 76, and 77, as well as public street right of way, Section Two, Freedom Manor in accordance with the Section Two Plat attached hereto and incorporated herein by reference as if set out in full. The Declarant does hereby grant and convey to the Association Open Space Parcels A and C, as shown on the attached Section Two Plat. The Declarant does hereby dedicate unto the County, as public streets for public use, those certain roadways, containing 0.8096 acres in Section Two, Freedom Manor as depicted on the Section Two Plat attached hereto and incorporated herein by reference as if set out in full. The real estate herein divided shall further be subject to the access easements/rights-of-way, stormwater management easements, and sanitary sewer easements, a 12' trail easement, a new 30' Frederick Water easement, 20' storm sewer easement, electric line easements, and all other easements shown on the attached and incorporated Section Two Plat, and each such easement shown thereon shall hereby be incorporated into the text of this Supplemental Deed of Dedication and Declaration as if specifically set forth In full. First Bank, the beneficiary under that certain Deed of Trust of record as Instrument No. 160005457 in the aforesaid Clerk's Office, consents to the terms of this Supplemental Deed of Dedication, as evidenced by the signature hereto of its authorized representative, and directs Bryan as Trustee to execute this Supplemental Deed of Dedication in conformity therewith in order to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication and to release from the aforesaid Deed of Trust all of the public streets and easements dedicated by this Supplemental Deed of Dedication and Declaration. 477 0 N CD co Dan Ryan Builders, the beneficiary under that certain Deed of Trust of record as Instrument No. 180006622 In the aforesaid Clerk's Office, consents to the terms of this Supplemental Deed of Dedication, as evidenced by the signature hereto of its authorized representative, and directs Power as Trustee to execute this Supplemental Deed of Dedication in conformity therewith in order to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication and to release from the aforesaid Deed of Trust all of the public streets and easements dedicated by this Supplemental Deed of Dedication and Declaration. The Declarant does hereby vacate the existing Frederick Water easements, established at Instrument Nos. 190004229 and 190004230, in the locations shown on the attached and incorporated Section Two Plat. All of the lots shown on the Section Two Plat attached hereto shall be subject to all restrictions, easements, covenants and conditions set forth in the Original Deed of Dedication and Declaration, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. The agreements and covenants stated In this Supplemental Deed of Dedication and Declaration are not covenants personal to Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. Frederick Water Easements. The Declarant reserves unto the Authority, Its successors and assigns an easement and right of way (the "Easement l for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities'l, for the transmission and distribution of water and the collection of sanitary sewer and its transmission through, upon and across the portion(s) of the Property shown as water, sewer, and sanitation easements on the attached and incorporated Section Two Plat (the "Easement Area'), subject to the following conditions: : CO rV 00 %D (a) Ail Facilities which are installed in the Easement Area shall be and remain the property of the Authority, its successors and assigns. (b)The Authority and its agents shall have full and free use of the Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the Easement, including the right of access to and from the Easement Area, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land. (c) The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Easement Area, including those existing at the time of execution of this Deed, deemed by it to Interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that the Authority, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining the Easement Area which are disturbed in any manner by the construction, operation and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (11) repaving of asphalt, concrete, composite, and other impervious areas, (III) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Easement Area, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Easement Area. (d)The Declarant, its successors and assigns, reserves the right to construct and maintain roadways over the Easement Area and $ ra er= N CD to make any use of the Easement Area which may not be inconsistent with the Easement rights herein conveyed, or interfere with the use of the Easement by the Authority for the purposes named; provided, however, that the Declarant, its successors and assigns, shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Easement Area without obtaining the prior written approval of the Authority. In the event a use of the Easement Area by the Declarant, its successors and assigns, is approved by the Authority, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by the Declarant, its successors and assigns. The Declarant, its successors and assigns, agrees that no vegetation other than (i) grass, (ii) shrubbery, and (III) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at the Declarant's risk and the Authority shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate the Declarant, its successors and assigns, for such vegetation in the event such vegetation is damaged or destroyed during the exercise of the Authority's rights under this Easement. (e) At such time as any portion of the land within the Easement Area is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the Authority by this instrument in such portion of land shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the Authority all necessary permits for the continued operation, maintenance, inspection, repair and replacement of its facilities in said location. (f) The Declarant, its successors and assigns, covenants that it is seized of and has the right to convey said Easement, rights and privileges, that the Authority shall have quiet and peaceable t c� 0 N possession, use and enjoyment of the Easement, rights and privileges, and that the Declarant, Its successors and assigns, shall execute such further assurances thereof as may be required. (g) In the event the Authority notifies the Declarant, or their successors or assigns, of a violation of the terms of this Easement and the Declarant, its successors and assigns, does not cure such violation within thirty (30) days of such notice, the Authority may take such action as necessary to cure such violation, Including Ingress and egress over any portion of the Property deemed necessary by the Authority to access the Easement Area or to enforce the Authority's rights hereunder. All costs and expenses incurred by the Authority in exercising or enforcing its rights hereunder shall be paid or, at the Authority's election, reimbursed, by the Declarant, its successors and assigns, within thirty (30) days from the date the Declarant, its successors and assigns, receives a bill or invoice from the Authority for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. The Authority shall have the right to enforce the terms of this Easement by any remedy available at law or in equity. (h) If the Authority is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of this Easement, the Authority shall be awarded its costs and expenses, including reasonable attorney fees. (1) The Declarant, its successors and assigns, agrees that the agreements and covenants stated in this Section are not covenants personal to the Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. Storm Drainage Easements. The Declarant reserves unto the County, its successors and assigns, several variable width storm sewer easements and a -o c-� 0 ti w twenty foot (201 storm sewer easement, identified on the Section Two Plat as "Storm Sewer Easement" and "20' Storm Sewer Easement" which shall run with the land and be perpetual easements for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of stormwater and its transmission through and across said Property of Declarant, said easements being more particularly bounded and described on the Section Two Plat. The foregoing easements are subject to the following conditions where applicable: (a) All storm sewers, manholes, inlet structures, and appurtenant facilities which are Installed in the easements shall be and remain the property of the County, its successors and assigns. (b)The County and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the easements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land. (c) The County shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the County, at its own expense, shall restore, as nearly as possible, the premises to their original condition. Such restoration shall include the backfilling of trenches, the replacement of structures and other facilities located outside the easements, but shall not include the replacement of structures, trees and shrubs, or other facilities located within the easements. -v c� CD N �.D CJ (d)The County shall have the right to demolish all paving, curbing, and/or guttering in the easements being conveyed, deemed by It to Interfere with the proper and efficient construction, installation, operation, and maintenance of said stormwater drainage lines and appurtenant facilities; provided, however, that the County, at its own expense, shall restore all non - interfering paving, curbing, and/or guttering which are disturbed in any manner by the construction, operation, and maintenance of said stormwater drainage lines and appurtenant facilities. (e) Declarant reserves the right to construct and maintain roadways over said easements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the County for the purposes named; provided however, that Declarant shall not erect any building or other structure, excepting a fence, on the easements without obtaining prior written approval of the County. (f) Declarant covenants that it is seized of and has the right to convey said storm sewer easements, right and privileges, that the County shall have quiet and peaceable possession, use and enjoyment of the storm drainage easements, right and privileges, and that Declarant shall execute such further assurances thereof as may be required. (g) Declarant agrees that the agreements and covenants stated in this Deed are not covenants personal to Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. (h)The individual lot owners shall be responsible for maintenance of storm drainage easements conveyed herein in accordance with the terms and conditions of this Declaration. WITNESS the following signatures and seals: FREEDOM MANOR, LLC, Declarant —�;� A— ,e - By: David B of day, Ma r /CrrY/ OUNTY F OF 1RGINIA ITY OUNTY OF �/�) I .6u-c ,�e1('to-wit: Acknowledged before me this day of 1`" ��� 2020, by David B. Holliday, Manager of Freedom Manor, LL , on behalf of said company. My commission Tres: t — Notary Pu lic NinCy Tllson Sintack NOTARY PUBUC CppBilp mealtil of Virginia RBA. *?MI48 of C* --IMMl - Expires 12/31/2022 10 FREDERICK COUNTY SANITATION AUTHORITY d/b/a FREDERICK WATER 6y: MQkadss' (printed name and title) COMMONWEALTH OF VIRGINIA CTfy/cMNTY OF _ _ 6YAwX cX , to -wit: Acknowledged before me this rl, day of &(1 1 ,, 2020, by MZ aF A/aal.. As;� ,ram on behalf of Frederick County Sanitation Authority d/b/a Frederick Water. My commission expires: :JL-.A. 3q) 9-dO JAM1E RUIN MILLER— —�— NomrYPublk N tdry Public Camngnw"th of Wronta RaQ wgion No. 7963139 MY Commission EWr- Jun 30, 2024 COMMONWEALTH OF,�7IRGINIp CITYJeOlIN Y OF [iUl' nc ►leg-f[ Acknowledged before me ti by Michael L. Bryan, Trustee. My commission e�ii Notary PHYLLIS M. NEWLIN NOTARY PUBLIC commonwealth of Virginia Registration No. 13 4 S MycommissionEXplres--XL&2 to -wit: 31 day of M(W� 2020, 7131 12 FIRST BANK N By: JS (printed name and title) COMMONWEALTH OF GINIA CtffYXOUNTY OFrn �3k to -wit: Acknowledged before me this day of (a R ` ,. 2020, bye p"`^Y3 P , �� v;,g �► ��� on behalf of First Bank. My commission expires: f {� � i. a Da i N ublic 13 Curtis G. Power, III, Trustee ONWEALTH OF VIRGINIA CITY COUNTY OF to -wit: Acknowledged before me this day of �'G-- 2020 by Curtis G. Power, III, Trustee. My commission expires:I ZZ' Notary Pu is Nsnq TNson Sinbsck NOTARY PUBLIC Commonw"kh of Virglnle Req.+�7292148 My ComnNaion �xptres 12J31rA22 14 DAN RYAN BUILDERS MID -ATLANTIC, LLC a Maryland limited li co any M = BY: A&IMOW le. 14&Afff- 140 LWA f (printed name and title) C-E)MME)NWEAO+()r—VfMfNTO CrTY/COUNTYOF V4061"ai"O'A 60. to -wit: Acknowledged before me this 24 day of HO - t4A 2020, by 14 EIA) V. POOLCL-L on behalf of Dan Ryan Builders Mid -Atlantic, LLC, a Maryland limited liability company. My commission expires: 01 / 411 1 k OAq J HAA NOWPebs Q fib iTk" is "*'�l � NhySITE Grindstone Dr. 9� e U. VICINITY MAP a' SCALE- 1 " = 2000' SUBDIkIS/ON ADMIN/S1RATl R/000" DATE y /o,-/zoo FREDERICK WA ITR DATE VIRUNIA DEPARTMMT OF 7RANSPORTA776N DATE OAERV CD?7191CA1F THE ABODE AND FOREGOING SUBDIVISIAN OF THE LAND OF fREEDOM MANOR, LLC (PIN 64-A-19, PIN 64-A-20 AND PIN 64-A-231 AS APPEARS IN THE ACCANPANYING PLA75, IS iN7H THE FREE CANSENT AND IN ACCORDANCE WITH THE DESIRES OF 7HE UNDERSIGNED OWNERS, PRCPRIE70RS AND TRUSTEES IF ANY. t ON BEHALF OF AN WATZLt DATE AUTARYPLl9UC STATE OF WRGINIA, AT LARGE COUNTY OF fREDERICK i 1 '1 ARE N IN TRUM£NT WAS AaMONLEDGED BEFORE ME THIS DAY I 20 L`BY bi1 ON BEHALF OF fRE£DAN MANOR, LLC. NancyTllson Sinback`L�1 NOTARY PUBLIC NOTARY PUBLIC of Virginia MY commisman ftom I 12/71/I022 MY COMMISSION EXPIRES 7 " 1' "L4a .s�,prFrnPs mP1d�A1lr I HEREBY CERAFY THAT THE PROPERTY CONTAINED IN THIS SUBDINSIAN IS A PORAON OF THE PROPERTIES CONVEYED TO fR£EDAN MANOR, L L C 8Y DEED DA7ED Am 10, 2016, SAID DEED RECORDED IN THE OFFICE OF THE CLERK OF 7HE CIRCUIT COURT OF FREDERICK COUNTY, WRGINIA AS INSTRUMENT 160005456. FINAL PLAT OF SUBDIVISION OF Yj FREEDOM MANOR SECnoN TWO SHANNEE MAGISTERIAL DISTRICT p. Duane Brown FREDERICK COUNTY, WRGINIA Lic. No. 001285 Daa.13, ze 19 laND PAI : DECEMBER 13,, 2019 COVER SHEET SHEET 1 OF 7 svR���c� Marsh & Legge Land Surveyors, P.L.C. DRAWN 8Y HBK 560 NORTH LOUDOUN STREET - WINCHESTER, ARGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshondlegge.com DWG NAME id1O174-sub-sect ADJOINING PROPERTIES 0 20 PhlV 640-2-A-10 PIN 64D-2-A-9 P/N 64D-2-A-8 ERIC W. PRATT ERIC W. PRATT ERRY A. SALES INST. 070015057 /NST. 070015057 /NST. 0400IJ639 P/N 64-A-21A PIN 64D-2-A-7 P/N 64D-1-8-A .ERRY A. SALES .,ERRY A. SALES WADE R. MANUEL INST. 0401013639 INST. 120008135 INST. 070014170 UD CIRCLE mwam"©�rel r O PIN 64D-2-A-6 XHNNY H. ANDIERSON D8 317 PC 101 49 I 50FREEDO MANOR I I 51 SECTION THREE INST.190011298 Q 52 53 39 38 i/ i I 55 37 i 59 i 58 _ 50' RM ex. �q VO I74i75 i 76i77�78 \ AW 64-A 20 .� `L,_ 79 ea E 56 1'14 NO � c /0w& z� 'r SHEET INDEX LOTS SfEET 57,, 76-77 4 58-59, 73--75 5 60-62 6 OPEN SPACE A 7 OPEN SPACE B 4 & 5 OPEN SPACE C 1 6 FREEDOM MANOR SECTION ONE INST. 190004229 'iriwri"`aie i 81 AW�ABNAW � 82 AN ff-A- I I — — — — OPEN SPACE A PIN 63--A-145 i PRISTINE PROPERTY MANAGEMENT LLC INST. 170001431 P/N 63-A-146 THOMAS W. BRE£DLOW DB 401 PG 672 MO ROAD N pAj of WAY) /gyp RIDNT SEC BCE VA (VAR IA i GRAPHIC SCALE 0 100' 200' 400' - � KEY MAP 1 Inch - 200 ft. FINAL PLAT OF SUBDIWSION fRELOOM MANOR SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE OCCUR& 13,, 2019 I SCALE.• 1' = 200' I SHEET 1 OF 7 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, MRGINIA 22601 %0 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marahandleaae.com TH OP P. Duane Brown U No. 001285 171�C. /$, 20/9 t'Nb suR���o4 DRAWN BY HBK DWG NAME- W0174-sub-sw2 AREA SUMMARY BY PROPERTY IDENTIFICATION NUMBER (PIN) PIN 64-A-19 PIN 64-A-20 PIN 64-A-23 TOTAL AREA AREA IN LOTS 1.0520 ACRES 0.6542 ACRES 0.5064 ACRES 2.2126 ACRES AREA IN OPEN SPACE 0.2502 ACRES 0.4044 ACRES 2.9550 ACRES 3.6096 ACRES AREA IN RIGHT-OF-WAY 0.1939 ACRES 0.4552 ACRES 0.1605 ACRES 0.8096 ACRES TOTAL AREA SUBDIVIDED 1.4961 ACRES 1.5138 ACRES 3.6219 ACRES 6.6318 ACRES REMAINDER 0.7060 ACRES 16.9523 ACRES 14.4872 ACRES 36.9956 ACRES AREA SUMMARY FOR SECTION 2 LOT NUMBER TOTAL AREA 57 8,590 SO. FT. 58 9,D47 SO. FT. 59 9,891 SQ. FT. 60 8,052 SQ. FT. 61 8,052 SQ. FT. 62 8,052 SQ. FT. 73 8,418 SQ. FT. 74 8,418 SQ. FT. 75 8,956 SO. FT. 76 9,299 SQ. FT. 77 9,604 SO. FT. AREA IN LOTS 96,379 SO. FT. 2.2126 ACRES OPEN SPACE A 2.9518 ACRES B 0.5172 ACRES C 0.1406 ACRES AREA IN OPEN SPACE 3.6096 ACRES AREA IN RIGHT-OF-WAY 0.8096 ACRES TOTAL AREA SUBDIVIDED 6.6318 ACRES NUMBER OF LOTS 11 AVERAGE LOT SIZE 8,762 SO. FT. MINIMUM LOT SIZE 8,052 SQ. FT. REMAINDER (PIN 64-A-19, 20 & 23) 36.9956 ACRES NOTES. 1. IRaV RODS ARE TO BE SET AT ALL PROPERTY CORNERS NOT PREWOUR Y MONUMENTED 2. £XISIING ZONING. RP (RES/DENRAL PERFORMANCE) J. EXIS77NG USE VACANT 4. BRL DENOTES BUILDING R£SIRICAON LINE 5. LOTS 7J 77 AND OPEN SPACE A ARE SURECT TO A 12' TRAIL EASEMENT (HEREBY CREATED) ALONG DAND DRIVE FINAL PLAT OF SUSDI WSION FREEDOM MANOR SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DA7E• DECEMBER 13, 2019 (L:aic. H OFuane Brown No. 001285 9F FET 3 OF 7D Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL officeOmarshandlegge.com ORAWV BY HBK 0 W CD f'J DNG NAME W0174-sub-sec2 PIN 640-1-8—A WADER. MANUEL INST. 070014170 ,SQL• 6Z.�j'1��'lY�r> .. is I a 58 I LOT 57 18,590 SO. f I ,, 61.00' _ _64 00' 4J EX. OVERHEAD ELECTRIC -� LOT 53 N(,,9 1��T _83 C ` � LOT 54 LOT 38 V — FREEDOM MANOR 2 SECTION THREE 1� C7 INST. 19001129 ll - / LOT 37 LOT 55 COO x FRONT BRL 25' EX. STORM SEWER EASEMENT REAR BRL 20' — INST. 190011298 I LOT 56 I EX. FREDERICK ,¢ I WATER EASEMENT INST. 190004229 (HEREBY YACAT£D) S0725'161" M51 Uj V) I 505cOIB' g DAVID DRIVE - 5O' RM N 72.87' J�, B019' T 67.72, 2s' BRL — Ys' eR� Q ^ A 1J m 1' I � LOT 76 IA o LOT 77 j 1 i = 91299 50. FT. is ^I 9,604 50. FT. I I Al �I I I I I II III I 75 1 + �N� _ 20_BRL ` I — 20`�tL �+ ao $� 5:. _ _66.98' `^ N0552'16 W 124.61' OPEN SPACE A \ 2.9518 ACRES 1 PIN 63-A-146 THOMAS W. BRE£DLOVF DB 401 PG 672 SEE SHEET 6 FOR CURVE TABLE SEE SHEET 7 SIDE BRL: 8' NORTHERN 14R6YN/A POWER CGDNPANY ELECTRIC UN£ 4SEM£NT OB 213 PG 285 LOT 36 ek 2&57' SoV�J)R1LE �- -=£Y STORM SEWER EASEMENT 1 INST. 19OW4229 T-12" TRAIL EASEMENT \ �I (HEREBY CREATED) I I / �I LOT 78 / LOT 79 GRAPHIC SCALE 0 25' 50, 140 1 inch 50 ff. FINAL PLA T OF SUBDI19SION FREEDOM MANOR SECTION TWO SHAMES MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGIN/A DATE:• DECEMBER 13, 2019 1 SCALE I' = 50' 1 SHEET 4 OF 7 1 Marsh & Legge Land Surveyors, P.L.C. 40 510 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office0morshondlegge.com TH OF vP 7'ti. t 'f� P. Duane Brown Lic. No. 001285 QGC , is# Z019 lgND 8UR����� DRANV BY H8K DWG NAME.- &10174-sub-=2 U -1 61.00' � 8 to60�I W N W W 61.00— • s ,a NO4 NAD 83 r 0i' VA ION" STATE r I EX. £DER/CK {PATER EASEMENT INST. 1900042 O 1 / r r PIN 64D—A-2-8 PIN 640—A-2-7 1 PIN 64D-1-9—A X"RRY A. SALES I ✓ERRY A. SALES I r WADER MANUEL INST. 040013639 I INST. 120008135 I I INST. 070014170 � I OPEN SPACE C 1 //r .516-48 Cov I 1� 5a76 I P/N 64—A-2M /ho JERRY A. SALES I f I co /NST. 040013639 I c�' 20' STORM SEN£R EASEMENT f / I aQ (HEREBY CREA1£D) r LOT 59 lZ 4 LOT 58 1 •3 I A r 9,891 50. FT. I v1 l a 57 C, 9, 047 SQ FT. $0725'15'r 129.51' I f Iz I I a N f l EX. FREDERICK WATER EASEMENT I W OPEN SPACE B r— — — INST. 1900042JO N 0.5172 ACRES 25' BRL —(HEREBY VACATED1 25• BRL 1 I 162.47' r 7 81.97' I L— 61.00' _ 61.0�0' r DAVID DRIVE — 50' RM EX. NORTHERN NRGIN/A PON£R COMPANY ELECTRIC LINE EASEMENT-- AV775'161Y 109.28' 12' TRAIL EASEMENT - (HEREBY CREATED) S84*52:WV U 16' g FRONT BRL: 25' PTV 84—A 20 REAR BRL: 20' ASWAAVDP SIDE BRL: 8' N SEE SHEET 6 FOR CURVE TABLE GRAPHIC SCALE 0 25' 50' 100' 1 inch = 50 ft. V/Zp 100 II 61. 00' 61.00' — — 72.87' 150..19 E2s a —1 —' I I I 25' BRL —I I-- 25' BRL—I U II III / a j LOT 73 k3i 1 LOT 74 ICI I LOT 75 I y 18,418 SO FT. �� g18 418 SO.. FT. I� gi 8 956 50. FT. / ,, Z � J 110 lip I I Im — — — -I L BRL— J I-2o' BRL— / a �c 61.00' 61.00' 50.81' I a M072578V 172.81' FINAL PLAT OF SUBDIWSION FREEDOM MANOR SEC77ON TWO SHA WEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGIN/A DATE D£CEMB£R 13 2019 1 SCALE I " = 50' 1 SHEET 5 6F 7 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER• VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshondleoae.com ;TH OF r� P. Duane Brown lAc. No. 001285 Glee./3.to�4 DRAW BY.• HBK DNG NAME id10174-6ub-sec2 PIN 649-2-A-10 ER1C W PRATT /NST. 070015057 PNV ff-A 10 RHAMi91EiP 14 ig £X. NORTHERN IMINIA POMER COMPANY ELECTRIC LINE EASEMEA OB 213 PG 285 FRONT BRL: 25' REAR BRL: 20' SIDE BRL: 8' CURVE TA81E -o / ZANADai NOR) %/ ZONE-0 7E / O / CT1 P/N 640-2—A-9 ERIC W. PRATT / /NST. 070015057 7257JT I&IX' OPEN SPACE C 0.1406 ACRES S0775'1_6 £ 183.00' 61. DO' 61.00' 61.00 20' k— I 20' BRL I I 20' BRL i I I WWI �IkJ II 0L LO N LOT V I LOT 81 r LOT 80 j 8052 SO FT.I � �8052 SO FT.I -14052 SO FT,Uj I I I I W' 25_BRL _I I I— 25_BRL I I I — 25' BRL 61.00' 61.00' _ _ 61.00' 162.47' —DAVID DRIVE = 50' RNV — — AR172578'WY 8Z57' IM51' mix, AOM18AW 10584' �I N603S29V*t CURVE DEL TA RADIUS ARC TANGENT CHARD CHARD BEARING 1 0033'55' 313.00' 4.91' 2.45' 4.91' 505 38'19E 2 8742197' 31.00' 47.45' 29,78' 42.95' N5176201W 3 5773'16' 19.00' 18.98' 10.36' 18.20' N3226'S5 E" 4 1 1175'33' 31. 00' 1 6.09' 1 3. 06' 1 6.08' 1 N01-4730'W FINAL PLAT OF SUM WSION FREEDOM MANOR SECnoN TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, 14RGINIA .S8452:V1Y GRAPHIC SCALE 0 15' 50' 100' 1 inch = 50 ft. DATE.• DECEMBER 13 2019 1 SCALE 1' = 50' 1 Wff'T 6 OF 7 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, MRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office0morshondiegge.com 'TH OP P. Duane Brown Lic. No. 001285 ��L1sc. /3, EeuQ "eI14��D BURy�'�ot DRAW BY HBK DN'G NAME &10174—sub—sec2 37 -c I I 3 FRE OM MANOR a SECTION THREE j ,y�� I 83 1 1 56 33 INST. 190011298/ STA1t- 59 - I 58 I - 57 36 35 / m L 1 / --+-- DAVID DRIVE — 50' 11 _ 34 [2 _ Q\ J _ q — � - - TA4 � -"\F YAI£R EASEMENT v I I 1 ,� 15' 12' (RAIL � i--- EX. S M 33 \ � HEREBY CREATED) 1 ;Z EASEMENT I I SEWER EA"ENT \ (HEREBY I INS 190004229 74 75 1 \ I CREATED) 1 I ( 78 / FREEMANOR�-� 76 ( 77 I 1 79 // SECTION ONE N� 505 2162" 1 ef 80 INST. 0004 29 qy 84—A 2J 124..61' REVAACiEiP PAV 84-A-19 20 S05I2'16"E I \\ REMOM 98.65 /-41`49 `C;, / 81 \ 1 S1435144"WJ 6q- I 21.44' s,'�►�„,�, 82 OPEN SPACE A 2.9518 ACRES N85r9S7V MANA"ENT EASETMEN22' \ (HEREBY CREATED) PIN 63—A-146 THOMAS W. BR£EDLOW DB 401 PG 672 ROAD A� AY) p 6� RIGN�-oF- C R�p� VA (081AB GRAPHIC SCALE 0 50' 100' 200' 1 inch = 100 ft. FINAL PLAT OF SUBDII/ISION FREEDOM MANOR SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, 14RGINIA LINE TABLE LINE BEARING DISTAN L1 S82W'441W 38.21' L2 S0725767 - 5019' L3 S5124 46"W 28.02' L4 S13'4026W 51.02' L5 S16511041W 43.97' L6 S627929"W 57.75' DATE. DECEMBER 1,� 2019 1 SCALE 1 " = 100' 1 SHEET 7 OF 7 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL officeOmarshandlegge.com OF ?ditOWi..w.-' P. Duane Brown Lic. No. 001285 G11ra.1,$,1�019 SU1015- 4 DRAWN BY HBK DWG NAME &10174—sub—sec2 ;7. ci CD W O VIRGINIA; FRFDFRICK POUNTYXT. This instrument of writing wd5 produced to mo on 11— tl:2� at 31 oA Pm and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $, and 58.1-801 have been paid, If assessable. ka� Clerk 0 . . . it Dave Holliday Constr don, Inc. September 4, 2020 Candice Perkins, AICP Deputy Director Department of Planning and Development Frederick County 107 North Kent Street Winchester, VA 22601 SEP 8 20M P�� NG AND DEVELv P EM RE: Freedom Manor — Section Two Transfer of Development Rights (TDR); Lots 58-59, 73-75 Dear Candice, As you know, the approved proffer statement for Freedom Manor permits the use of TDR's in lieu of monetary proffers. Specifically, Proffer 5.1 of the approved proffer statement reads as follows: 5. Oation for use of Transfer of Development Rights Ordinance 5.1 In lieu of the per unit monetary contribution as provided for by Proffer 4.1, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed 300 dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments shall remain applicable to such dwelling units. To date, we have applied 8 TDR's to single family lots in Section One and 17 TDR's to single family lots in Section Three. We recently recorded Section Two of the project. For reference, the recorded subdivision for Section Two (Instrument #200004402) is attached. In order for occupancy permits to be issued for lots 58-59 and 73-75 of Section Two, we will be utilizing the remaining 5 TDR's of the 30 TDR's which were assigned to Freedom Manor and then extinguished by Instrument #170007328, as attached. To aid in keeping track of the assigned TDR's, I have attached a spreadsheet showing the lots to which the TDR's will apply and their source document. As future sections progress, I will continue to update this spreadsheet so that all TDR's used for the project are tracked with a single document. If you have any questions or would like to discuss further, please feel free to contact me at (540) 336-3333. Sincerely, Patrick Sowers Director of Land Development 420 W. Jubal Early Drive, Suite 103 • Winchester, VA 22601 - Ph: 540-667-2120 • Fx: 540-667-5414 Freedom Manor - TDR Assignment by Lot Revision Date: 9/3/20 Section Lot Housing Type TDR Source TDR's Assigned TDR's Remaining From Source 1 33 SFD Inst #170007328 1 29 1 34 SFD Inst #170007328 1 28 1 35 SFD Inst #170007328 1 27 1 78 SFD Inst #170007328 1 26 1 79 SFD Inst #170007328 1 25 1 80 SFD Inst #170007328 1 24 1 81 SFD Inst #170007328 1 23 1 82 SFD Inst #170007328 1 22 3 36 SFD Inst #170007328 1 21 3 37 SFD Inst #170007328 1 20 3 38 SFD Inst #170007328 1 19 3 43 SFD Inst #170007328 1 18 3 44 SFD Inst #170007328 1 17 3 45 SFD Inst #170007328 1 16 3 46 SFD Inst #170007328 1 15 3 47 SFD Inst #170007328 1 14 3 48 SFD Inst #170007328 1 13 3 49 SFD Inst #170007328 1 12 3 50 SFD Inst #170007328 1 11 3 51 SFD Inst #170007328 1 10 3 52 SFD Inst #170007328 1 9 3 53 SFD Inst #170007328 1 8 3 54 SFD Inst #170007328 1 7 3 55 SFD Inst #170007328 1 6 3 56 SFD Inst #170007328 1 5 2 58 SFD Inst #170007328 1 4 2 59 SFD Inst #170007328 1 3 2 73 SFD Inst #170007328 1 2 2 74 SFD Inst #170007328 1 1 2 75 SFD Inst #170007328 1 0 TDR Source Documents Total TDR's Inst #170007328 30 Tax Map: 64-A-19, 64-A-20, 64-A-23 Magisterial District: Shawnee 2 0 0 0 0 4 4 0 2 Consideration: $0.00 Return To: Freedom Manor, LLC 420 W. Juba{ Early Drive, Suite 103 Winchester, VA 22601 THIS SUPPLEMENTAL DEED OF DEDICATION AND DECLARATION OF COVEN�NTS, CONDITIONS and RESTRICTIONS is made and dated this Zy = day of 1^ r , 2020, by and between FREEDOM MANOR, LLC, a Virginia limited liability company, party of the first part, hereinafter called the "Declarant"; FREEDOM MANOR HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock corporation, party of the second part, hereinafter called the "Association"; the COUNTY OF FREDERICK, VIRGINIA. party of the third part, hereinafter called the "County"; FREDERICK COUNTY SANITATION AUTHORITY d/b/a FREDERICK WATER, party of the fourth part, hereinafter called the "Authority"; MICHAEL L. BRYAN, Trustee, party of the fifth part, hereinafter called "Bryan"; FIRST BANK, party of the sixth part, hereinafter called "First Bank"; CURTIS G. POWER, 1II, Trustee, party of the seventh part, hereinafter called "Power"; and DAN RYAN BUILDERS MID -ATLANTIC, LLC, a Maryland liability company, party of the eighth part, hereinafter called "Dan Ryan Builders". WHEREAS, the Declarant caused to be recorded a certain Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions for Freedom Manor, Section One (the "Original Deed of Dedication and Declaration'% which is recorded among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 190004229; and, WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that certain final plat drawn by P. Duane Brown, L.S., dated December 13, 2019, entitled "FINAL PLAT OF SUBDIVISION, FREEDOM MANOR, SECTION TWO", (the "Section Two Plat' which final plat is attached hereto and incorporated herein by reference as if set out in full, which is a portion of the property conveyed to the Declarant by that certain deed dated June 10, 2016 from Shen -Valley Land Holdings, LLC, a Virginia limited liability company, which deed is of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 160005456; and, WHEREAS, the Declarant desires to subdivide said real estate, as shown on the aforesaid attached Section Two Plat, into lots for the construction of dwelling units thereon, and the above -referenced Section Two 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 green space, sanitary sewer and water easements, stormwater, utility, and ingress -egress easements, all of which shall constitute a $ice portion of that development known as Freedom Manor, and which common areas shall be owned and/or maintained by Freedom Manor Homeowners Association, Inc. (the "Association's upon the terms and conditions set forth hereinafter; and WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Freedom Manor, Section Two, and the subdivision of said real estate is with the free consent and in accordance with the desires of the undersigned Declarant which further desires to subdivide the aforesaid real estate in accordance with the provisions of Virginia law, including but not limited to the Property Owners' Association Act (Va. Code § 55-508 et seq.), including any successor statute, as are applicable and in force and effect as of the date of execution of this Supplemental Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions; and WHEREAS, the Declarant desires to convey Open Space Parcels A and C as shown on the aforesaid attached Section Two Plat, to the Association; WHEREAS, the Declarant desires to make the lots created by this Supplemental Deed of Dedication subject to the same restrictive covenants contained in the Original Deed of Dedication and Declaration and part of the Association according to the same terms set forth therein; WHEREAS, the property subject to this Supplemental Deed of Dedication and Declaration of Covenants, Conditions is subject to the lien of a Deed of Trust dated June 16, 2016, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 160005457, given to secure First Bank the indebtedness described therein, and First Bank, beneficiary under the aforesaid Deed of Trust, consents to the terms of this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions and hereby directs Bryan, as Deed of Trust Trustee, to join herein to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication and Declaration of Covenants, Conditions and Restrictions; and WHEREAS, the property is subject to the lien of a Deed of Trust dated June 27, 2018, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 180006622, securing a loan in favor of Dan Ryan Builders, and Power joins In this instrument to evidence his consent thereto and to release the rights -of -way and easements created by this Supplemental Deed of Dedication from the aforesaid Deed of Trust and to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication; NOW, THEREFORE, THIS SUPPLEMENTAL DEED OF DEDICATION AND DECLARATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Deed, the Declarant does hereby subdivide that portion of the property depicted on the attached Section Two Plat containing 2.2126 acres into lots and parcels to be known as Lots 57, 58, 59, 60, 61, 62, 73, 74, 75, 76, and 77, as well as public street right of way, Section Two, Freedom Manor in accordance with the Section Two Plat attached hereto and incorporated herein by reference as if set out in full. The Declarant does hereby grant and convey to the Association Open Space Parcels A and C, as shown on the attached Section Two Plat. The Declarant does hereby dedicate unto the County, as public streets for public use, those certain roadways, containing 0.8096 acres in Section Two, Freedom Manor as depicted on the Section Two Plat attached hereto and incorporated herein by reference as if set out in full. The real estate herein divided shall further be subject to the access easements/rights-of-way, stormwater management easements, and sanitary sewer easements, a 12' trail easement, a new 30' Frederick Water easement, 20' storm sewer easement, electric line easements, and all other easements shown on the attached and incorporated Section Two Plat, and each such easement shown thereon shall hereby be incorporated into the text of this Supplemental Deed of Dedication and Declaration as if specifically set forth in full. First Bank, the beneficiary under that certain Deed of Trust of record as Instrument No. 160005457 in the aforesaid Clerk's Office, consents to the terms of this Supplemental Deed of Dedication, as evidenced by the signature hereto of its authorized representative, and directs Bryan as Trustee to execute this Supplemental Deed of Dedication in conformity therewith in order to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication and to release from the aforesaid Deed of Trust all of the public streets and easements dedicated by this Supplemental Deed of Dedication and Declaration. i «"+ O fV co Go Dan Ryan Builders, the beneficiary under that certain Deed of Trust of record as Instrument No. 180006622 In the aforesaid Clerk's Office, consents to the terms of this Supplemental Deed of Dedication, as evidenced by the signature hereto of its authorized representative, and directs Power as Trustee to execute this Supplemental Deed of Dedication in conformity therewith in order to subordinate the lien of the aforesaid Deed of Trust to this Supplemental Deed of Dedication and to release from the aforesaid Deed of Trust all of the public streets and easements dedicated by this Supplemental Deed of Dedication and Declaration. The Declarant does hereby vacate the existing Frederick Water easements, established at Instrument Nos. 190004229 and 190004230, in the locations shown on the attached and incorporated Section Two Plat. All of the lots shown on the Section Two Plat attached hereto shall be subject to all restrictions, easements, covenants and conditions set forth in the Original Deed of Dedication and Declaration, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. The agreements and covenants stated in this Supplemental Deed of Dedication and Declaration are not covenants personal to Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. Frederick Water Easements. The Declarant reserves unto the Authority, its successors and assigns an easement and right of way (the "Easement's for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities'l, for the transmission and distribution of water and the collection of sanitary sewer and its transmission through, upon and across the portion(s) of the Property shown as water, sewer, and sanitation easements on the attached and incorporated Section Two Plat (the "Easement Area'J, subject to the following conditions: (a) All Facilities which are installed in the Easement Area shall be and remain the property of the Authority, its successors and assigns. (b)The Authority and its agents shall have full and free use of the Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the Easement, including the right of access to and from the Easement Area, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land. (c) The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Easement Area, including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that the Authority, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining the Easement Area which are disturbed in any manner by the construction, operation and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (Ili) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Easement Area, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Easement Area. (d)The Declarant, its successors and assigns, reserves the right to construct and maintain roadways over the Easement Area and e r�• fr7 CD ry d to make any use of the Easement Area which may not be inconsistent with the Easement rights herein conveyed, or interfere with the use of the Easement by the Authority for the purposes named; provided, however, that the Declarant, its successors and assigns, shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Easement Area without obtaining the prior written approval of the Authority. In the event a use of the Easement Area by the Declarant, its successors and assigns, is approved by the Authority, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by the Declarant, its successors and assigns. The Declarant, its successors and assigns, agrees that no vegetation other than (1) grass, (ii) shrubbery, and (III) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at the Declarant's risk and the Authority shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate the Declarant, its successors and assigns, for such vegetation in the event such vegetation is damaged or destroyed during the exercise of the Authority's rights under this Easement. (e) At such time as any portion of the land within the Easement Area is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the Authority by this instrument in such portion of land shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the Authority all necessary permits for the continued operation, maintenance, inspection, repair and replacement of its facilities in said location. (f) The Declarant, its successors and assigns, covenants that it is seized of and has the right to convey said Easement, rights and privileges, that the Authority shall have quiet and peaceable CZ) N lE3 possession, use and enjoyment of the Easement, rights and privileges, and that the Declarant, its successors and assigns, shall execute such further assurances thereof as may be required. (g) In the event the Authority notifies the Declarant, or their successors or assigns, of a violation of the terms of this Easement and the Declarant, its successors and assigns, does not cure such violation within thirty (30) days of such notice, the Authority may take such action as necessary to cure such violation, including ingress and egress over any portion of the Property deemed necessary by the Authority to access the Easement Area or to enforce the Authority's rights hereunder. All costs and expenses incurred by the Authority in exercising or enforcing its rights hereunder shall be paid or, at the Authority's election, reimbursed, by the Declarant, its successors and assigns, within thirty (30) days from the date the Declarant, its successors and assigns, receives a bill or invoice from the Authority for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. The Authority shall have the right to enforce the terms of this Easement by any remedy available at law or in equity. (h) If the Authority is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of this Easement, the Authority shall be awarded its costs and expenses, including reasonable attorney fees. (i) The Declarant, its successors and assigns, agrees that the agreements and covenants stated in this Section are not covenants personal to the Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. Storm Drainage Easements. The Declarant reserves unto the County, its successors and assigns, several variable width storm sewer easements and a twenty foot (201 storm sewer easement, identified on the Section Two Plat as "Storm Sewer Easement" and "20' Storm Sewer Easement" which shall run with the land and be perpetual easements for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of stormwater and its transmission through and across said Property of Declarant, said easements being more particularly bounded and described on the Section Two Plat. The foregoing easements are subject to the following conditions where applicable: (a) Ali storm sewers, manholes, inlet structures, and appurtenant facilities which are Installed in the easements shall be and remain the property of the County, its successors and assigns. (b) The County and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the easements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land. (c) The County shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the County, at its own expense, shall restore, as nearly as possible, the premises to their original condition. Such restoration shall include the backfilling of trenches, the replacement of structures and other facilities located outside the easements, but shall not include the replacement of structures, trees and shrubs, or other facilities located within the easements. (d)The County shall have the right to demolish all paving, curbing, and/or guttering in the easements being conveyed, deemed by it to interfere with the proper and efficient construction, installation, operation, and maintenance of said stormwater drainage lines and appurtenant facilities; provided, however, that the County, at its own expense, shall restore all non - interfering paving, curbing, and/or guttering which are disturbed in any manner by the construction, operation, and maintenance of said stormwater drainage lines and appurtenant facilities. (e) Declarant reserves the right to construct and maintain roadways over said easements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the County for the purposes named; provided however, that Declarant shall not erect any building or other structure, excepting a fence, on the easements without obtaining prior written approval of the County. (f) Declarant covenants that it is seized of and has the right to convey said storm sewer easements, right and privileges, that the County shall have quiet and peaceable possession, use and enjoyment of the storm drainage easements, right and privileges, and that Declarant shall execute such further assurances thereof as may be required. (g) Declarant agrees that the agreements and covenants stated in this Deed are not covenants personal to Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. (h)The individual lot owners shall be responsible for maintenance of storm drainage easements conveyed herein in accordance with the terms and conditions of this Declaration. WITNESS the following signatures and seals: FREEDOM MANOR, LLC, Declarant -� A- ,,, - By: Dav7"lliday, Ma r TYO UNTY OF OF KIRGINIA ITT OUNTY OF I n e 1 e s' , to -wit: Acknowledged before me this day of i`" �`�� 2020, by David B. Holliday, Manager of Freedom Manor, LL , on behalf of said company. My commission Aires: Notary Pu I lic Nit1Cy THson Sinback NOTARY PUBLIC C nVoonwealM of Virginia Reg. #7292148 My CVmVgvW EWm 12/31/M2 10 FREDERICK COUNTY SANITATION AUTHORITY d/b/a FREDERICK WATER By: a s' (printed name and title) COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Fc�x' — , to -wit: Acknowledged before me this _ " day of Iron 1 , 2020, by M,6, ad /1ZL„J . l64,Lod �,r� on behalf of Frederick County Sanitation Authority d/b/a Frederick Water. My commission expires: lu—.A- 30, 1014 JAMIE ary P MILLER NN to . PubI16 otary Public VirOnIP Registratin Commonwealth No 7863139 My Commission Expires Jun 30, 2024 COMMONW CITY/el" Acknowledged before me ti by Michael L. Bryan, Trustee. My commission II Notary PHYLLIS M. NEWLIN NOTARY PUBLIC Commonwealth of Virginia Registration No. 13 4 My Commission Expires _ . fl- _ M _ _ ft— D, -v 0 N W —..i FIRST BANK By: (printed name and tide) COMMONWEALTH OF YARGINIA (TFtYXOUNTY OF to -wit: Acknowledged before me this day of ii A P-Q , 2020, I f' *-;& C . VP h-I D*DA on behalf of First Bank. My commission expires: —� f. Q k QL Dom, i No ublic a UW9ap.; C*; J�'•,'�O', l4poIVYrFP`�'���gC*a °r' ZI-7-1— Curtis G. Power, III, Trustee ONWEALTH OF VIRGINIA CITY COUNTY OF to -wit: Acknowledged before me this day of , 2020, by Curtis G. Power, III, Trustee. My commission expires: Z( Lei Notary Pu is Nancy Mr Sinback Ii�TARY PUBLIC Comnvmvealth of Vlrpinla Req. sn92148 My Cammiasion Expires 12/31/2022 14 DAN RYAN BUILDERS MID -ATLANTIC, LLC a Maryland limited li co any BY: 441rflkw AaarL. 1/0 ZAAm e 44vw v;rots (printed name and title) GOMMONWEAL-F1 I 8FtTk&MM CITY/COUNTY OF 1406AW67W Co. , to -wit: Acknowledged before me this day of HPWA 2020, by m 9,Tr# ,j V. P,,jc u on behalf of Dan Ryan Builders Mid -Atlantic, LLC, a Maryland limited liability company. My commission expires: 01 Zn A oAq e" VaLy T 6ee NotaAy PV!N t 0 -t t 4, tF -n 0 C Ncqure Way CD Grin one Dr. d SITE Yme LA. WYNITY MAP Lmr9t'rood Dr' SCALE 1 " = 2000' SUBDIVISION ADMINISTRATOR DATE y /off/z� FREDERICK WA TER DATE I' �-�S-aWo V/RGINIA DEPARTA&VT OF TRANSPORTABON DATE OYIYE 1 LnP1M1F THE ABOVE AND FOREGOING SUBDIW516W OF THE LAND OF FREEDOM MANOR, LLC [PIN 64—A-19, PIN 64—A-20 AND PIN 64—A-231 AS APPEARS IN BHE ACCOMPANYING PLATS, 1S NTH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. —^ , ? -iz -, & ON BEHALF OF DOM MhArfZib DATE MOTARr PLIW C STATE OF WRGINIA, AT LARGE COUNTY OF fREDERICK + 1 f- r' ~ �DREG N IN 7RUMENT WAS ACKNOWLEDGED BEFORE ME TH15 ` DAY OF fZG�l 20 -t BY - — 00I BEHALF OF FREEDOM MANOR, LLC. Nancy Tilson Sinback�— NOTARY PUBLIC NOTARY PUBLIC Co""'OnWOMM of Virginia My Commi*7MI48 MY COMMISSION EXPIRES 17 51, IW31M22 .S%dPwmir M7ifXCA1F I HEREBY CERBFY THAT THE PROPERTY CONTAINED /N Bd/S SUBDIVISION /S A PORBON OF BIE PROPERBES CONVEYED TO FREEDOM MANOR, LLC BY DEED DATED DUNE 10, 2016, SAID DEED RECORDED /N THE OFFICE OF THE CLERK OF BIE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA AS 1NS7RUMENT 150005456. FINAL PLAT OF SUBD/WSION TH OF Dl FREEDOM MANOR o� SECTION TWO SHAWNEE MAGISTERIAL D/STRICTP. Brown FREDERICK COUNTY, WRG/N/A ic. No.e 001285 D".13, zoi4 d AND DATE' DECEMBER 13 2019 COVER SHEET SHEET 1 OF 7 sult'll, Marsh & Legge Land Surveyors, P.L.C. DRAWN BY.• HBK 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®morshandlegge.com OWG NAME. id10174—sub—sect ADJOINING PROPERTIES (D 2) P/N 640-2—A-10 RN 640-2—A-9 P/N 640-2—A-6 ERIC W. PRA77 ERIC W. PRATT £RRY A. SALES INST. 070015057 INST. 070015057 INST. 040013639 PIN 64—A-21A PIN 64D-2—A-7 PIN 64D-1-8--A PIN 64D-2—A-6 ZRRY A. SALES MERRY A. SALES WADER. MANUEL JOHNNY H. ANDERSQN INST. 040013639 INST. 120008I35 INST. 070014170 DB 317 PC 101 - _ - - 49 1 50FREEDO MANOR I 7 51 SECTION THREE WESTWOOD CIRCLE INST. 190011298 07 52 0 I © 53 39 I --._ 54 I 38 O.S. C � 1 55 37 AW BhA 20 62 181 (I 60 _ j �1�' 59. 58' 56 36 � L L-O-S-B35 1 DAVID DRIVE �- 50' RNV FjC O AIN II 3 ! 74 I� 75 i 76 : 77 1 78 ar 1.1.1_ ,LL I 79 80 c NEW& ZQW S, 4Z G7 CJT/D� SHEET INDEX LOTS SHEET 57, 76-77 4 58-59, 73--75 5 60-62 6 OPEN SPACE A 7 OPEN SPACE ,9 4 & S OPEN SPACE C 6 FREEDOM MANOR SECTION ONE INST. 190004229 I 81 \ 82 I -- -- i OPEN SPACE A � PIN 63--A-145 i PR/S77NE PROPERTY MANAGEMENT LLC INST. 170001431 PIN 63—A-146 ` i 7HOMAS W. BR£EDLOff DB 401 PG 672 60AD PA�MI WAY) �OF' 6D RIONT �IVA IAB�E AW ff -A 23 IPamilm i GRAPHIC SCALE 0 100' 200' 400' -� KEY MAP �� 200tt.-' FINAL PLAT OF SUBDI14SION FREEDOM MANOR SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGINIA DATE- DECEMBER 13,, 2019 1 SCALE 1 " = 200' ,TH OF P. Duane Brown IAalsNo. 001285 SHEET 2 OF 7 tR'VD suR���o4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, YIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL officeAmarshandlegge.com DRAWN BY- HBK DWG NAME- &10174—sub—sec2 AREA SUMMARY BY PROPERTY IDENTIFICATION NUMBER (PIN) PIN 64-A-19 PIN 64-A-20 PIN 64-A-23 TOTAL AREA AREA IN LOTS 1.0520 ACRES 0.6542 ACRES 0.5064 ACRES 2.2126 ACRES AREA IN OPEN SPACE 0.2502 ACRES 0.4044 ACRES 2.9550 ACRES 3.6096 ACRES AREA IN RIGHT-OF-WAY 0.1939 ACRES 0.4552 ACRES 0.1605 ACRES 0.8096 ACRES TOTAL AREA SUBDIVIDED 1.4961 ACRES 1.5138 ACRES 3.6219 ACRES 6.6318 ACRES REMAINDER 0.7060 ACRES 16.9523 ACRES 14.4872 ACRES 36.9956 ACRES AREA SUMMARY FOR SECTION 2 LOT NUMBER TOTAL AREA 57 8,590 SQ. FT. 58 9,047 SQ. FT. 59 9,891 SQ. FT. 60 8,052 SQ. FT. 61 8,052 SQ. FT. 62 8,052 SQ. FT. 73 8,418 SQ. FT. 74 8,418 SQ. FT. 75 8,956 SO. FT. 76 9,299 SQ. FT. 77 9,604 SQ. FT. AREA IN LOTS 96,379 SQ. FT. 2.2126 ACRES OPEN SPACE A 2.9518 ACRES B 0.5172 ACRES C 0.1406 ACRES AREA IN OPEN SPACE 3.6096 ACRES AREA IN RIGHT-OF-WAY 0.8096 ACRES TOTAL AREA SUBDIVIDED 6.6318 ACRES NUMBER OF LOTS 11 AVERAGE LOT SIZE 8,762 SQ. FT. MINIMUM LOT SIZE 8,052 SO. FT. REMAINDER (PIN 64-A-19, 20 & 23) 36.9956 ACRES NOTES- 4 IRON RODS ARE TO BE SET AT ALL PROPERTY CORNERS NOT PREW4OUSL Y MONUMENEED 2. EWSANG ZONING: RP (RESIDENTIAL PERFORMANCE) 3. EXISANG USE VACANT 4. BRL DENOTES BUILDING RESTRICAON LINE 5. LOTS 7.- 77 AND OPEN SPACE A ARE SUBJECT TO A 12' TRAIL EASEMENT (HEREBY CREATED) ALONG DAWO DRIVE. FINAL PLAT OF SUBDI VISION FREEDOM MANOR SECnoN Two SHAWNEE MAGISTERIAL DISTR/CT FREDERICK COUNTY, WRGINIA DATE.- DECEMSER 13 2019 OF VP .. Duane Brown . No. 001285 4-cc. is,,Eom ol SHEET 3 OF 7 l9ND BURN�� Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®morshondime.com DRAWN BY HBK OW NAME W0174-sub-sec2 PIN 540-1-8-A WADE R. MANUEL INST 070014170 S0¢�S' 0hfRH£AD ELECTRIC -� LOT 53 N6W Z Nqp 83 0 - _ LYE TA1FD / S!` O � � W LOT 54 0 LOT 38 V F CMA" R Z 1 CO� I 58 1 LOT 57 18,59050 FT.1 IR I 1� 61.00' 61.00' 72..87' .W 5019' I � 3� w I WWI � I li 75 l PIN 63--A-146 1 7HOMAS W. BREEDL 0 DB 401 PG 672 - � RMANO SECTION THREE W � INST. 19001129 W LOT 37 LOT 55 O, jj I x FRONT BRL: 25' EX. STORM SEWER EASEMENT 41 REAR BRL: 20' — INST 190011298 ' 1 LOT 56 1 £X. FREDER/CK WA7ER EASEMENT INST. 190004229 (HEREBY VACATED) S0725'16 r M51 LOT 36 jk '16r 2657' So, ;1~ g 1 BRL —I I �I i 77 �I FT. _ I I BRL 98' I 1 GRAPHIC SCALE9� 0 25' 50, f00' Q. 50 08' o DRIVE - 50' R/W N 67.72' 44.28 — — — ^ 1 25' BRL 25' 1 Im IJ ml�N LOT76 I" Z 1 9,299 50. FT. i= i 9 504 S I Ilj it 1il L — 40' _ t� 57_63' `^ N0552'16 W 124.61 OPEN SPACE A 2.9518 ACRES SEE SHEET 6 FOR NE CURVE TABLE 6*19W%l'Itai7 SIDE BRL: 8' NORTHERN 14RGINIA POWER COMPANY ELECTRIC LINE 45EMENT DB 213 PG 285 LOT 79 T25�R/� EX. STORM SEWER EASEMENT I INST. 190004229 112' TRAIL EASEMENT \ ^ �I (HEREBY CREATED) �I +�l LOT 78 / �I / I I I / I inch - 50 ft. FINAL PLAT OF SUBDi W'S/ON TH of yr FREEDOM MANOR SEcnON TWO +Drw9 SHAW/VEE MAG/STER/AL DISTR/CT P. Duane Brown FREDERICK COUNTY, VIRGIN/A Lie. No. 001285 Dee .1 al EDJQ DATE.• DECEMBER 13, 2019 SCALE1" = 50' SHEET 4 OF 7 LaA'D su Sr.�°¢ Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRA#N BY HBK PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office0marshandlegge.com OWO ME -sub -sect LA 61 00' �� 8 A to 60 S W N w V `a 61. 00_ — NOR7I�' Z E 0 8� I r _ o £X. MEDERIL:I( WATER £A. INST. 190004230 1 r 1,-4,* I P/N 64D-A-2-8 PIN 64D-A-2-7 / PIN 64D-1-8-A X'RRY A. SALES I JERRY A. SALES / r WADER. MANUEL INST. 0400136JY I INST. 120008135 � 1 1 INST. 070014170 1 1 OPEN SPACE C 7•�!' r 1 Si6'48 s`p¢j B' I 50.76CD PIN 64—A-21A 1 ho J£RRY A. SALES 20' STORM SIX6 EASEMENT INST. 0400009 / p I / h (HEREBY CREATED) I I co 1 Lor 59 l4 Lor 58 I a3 I �' 19, 891 S0. FT. A `' 91 047 S0. FT. I 57 --S0725'152* 12951 _ 11 IIZ r I EX. FREDERICK WATE� EASEMENT 1 1 ui w OPEN SPACE B 1 INST. 1900042JO 0.5172 ACRES 11 25 BRL— —(HEREBY VACAT£Dr-25' L 1 162.47' 1 7 81.97 L — 61.00' 61. 00' l DAVID DRIVE — 50' R/W EX. NORTHERN VIRG/N/A POKER COMPANY ELECTRIC LINE EAS£M£NT— AV775'18w 109.28' 12' TRAIL EASEMENT (HEREBY CREATED) S84'S?:mV 1i 18' g FRONT BRL: 25' MV 84—A-20 I REAR BRL: 20' ASVA#C& #� SIDE BRL: 8' SEE SHEET 5 FOR CURVE TABLE GRAPHIC SCALE 0 25' 50' 100' ---------------- 1 Inch = 50 ft. �1111LZ' N 505 61.00' 6100' — — 72Z87'_pu.l9 F25 BRL 1 25' BRL I I 25' BRL Ii W am I III I�i / j LOT 73 �31 I LOT 74 131 I LOT 75 ! n 18 418 SO.. FT. �� g18,, 418 50. FT. 8, 956 SQ. FT. / z I Is L_20' BRL_ I_20' BRL_ / a _-61.00' _ 61.00' 50.81' I z AV725'1871' 172.81' FINAL PLAT OF SUEDI V15ION FREEDOM MANOR SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, ORG/N/A DAIS DECEMBER 13, 2019 1 SCALE.' 1' = 50' 1 SHEET 5 OF 7 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandlegge.com I,QO/tta.rw9 P. Duane Brown Lic. No. 001285 DRAN9V BY- HBK DWG NAME id10174-sub-sec2 P/N 64D-2-A-10 ERIC W. PRATT INST. 070015057 PMV 60-A 20 AgufgOP ig EX. NORTHERN VIRGIN/A PON£R COMPANY ELECTRIC LINE EASEM£N DB 213 PG 285 -Q / NOR7hr Z1154 ONE GR1 / O / iLn P/N 64D-2-A-9 ERIC W. PRATT / INST. 070015057 725'1,i'£ W X' OPEN SPACE C "S 0.1406 ACRES 50725'1_6 E 183.00' 5400, 61. 00' 61.00' I 20' BRL i I 20' BRL —I I 27 BRL i I l 004,1 °° °°I= � �l i,•, of I , LO LOT 82 ii� N) LOT 61 I gl LOT 60 jg 8,052 SO. FT.I S�o' 8,052 SO FT.I ^I8, 052 SO. FT. ^ W ICI I I=I I N I I W 1 25' BRL I I 1- 25' BRL I I I— 25' BRL N ---- N 61.00' 61.00, 61.00' 162.47' w DAVID DRIVE - 50' FiIVN N072596V 6W 57' -- — — 15a51'Smog, At A072576AW 10584' IN4 FRONT BRL: 25' 1V8031WIF 1Q48• ?S00' 1df50' REAR BRL: 20' AWn72aW SIDE BRL, 8' 4150' CURVE TABLE S8452J8"W 1118 CURVE DEL TA RADIUS ARC TANGENT CHORD CHORD BEARING 1 003355' 313.00' 4.91' 2.45' 4.91' 506 38'19 2 8742'07' 31.00' 47.45' 29.78' 42.95' N517620 W 3 5773'16' 19.00' 18.98' 10.36' 18.20' N322655 4 1175'33' 31.00' 6.09' 3.06' 6.08' N014730"W FINAL PLA T OF SU8DII45I0N FREEDOM MANOR SECTION TWO SHA KNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, I4RG/N/A GRAPHIC SCALE O 25' 50' 100' 1 inch = 50 ft. DATE' DECEMBER 13, 2019 1 SCALE.' 1' = 50' 1 S1I£ET 6 OF 7 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, MRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®morshondlegge.com OF P. Duane Brown Lie. No. 001285 Qsc. /3, Pc�q DRAWN BY HBK DWG NAME &10174—sub—sec2 h 55 L I I I I 56 59 - I 58 I - 57 / --i--LDAVID DRIVE - 50' RA —-1-_ -- -L — 7' FRED£R/CK 15 ER EASEMENT I REBY CREATED) I I I � 12' TRAIL --I EASEMENT I (HEREBY I I 74 75 I CREATED) Ii\l� I 76 I 77 137 FRE OM MANORSECTHREE_ 'tea I ST¶10 0011298i N�& y�T 36 35 / / 34 - O\ � I--- ExSTORM RtiF 33 SERER EASEMENT /NST. 190004229 \ 78 j FREEDOM MANOR \-----, 79 / SECTION ONE / INST. 190004 29 W 6�hA?3 124.61' --rT�� 80 /M/AlIW REWNW? II T �y' �s`.,�g �y�r ►�:/ 81 8.6508. S14'35'44"W- 6 21.44' 82 \ \ \ A OPEN SPACE A S 2.9518 ACRES 144. w Ne5'59" STORM WAIER 6122' VII. MANAGEMENT EASEMENT (HEREBY CREATED) n44 PIN 63-A-146 THOMAS W BREEDLSE DB 401 PG 672 ROAD �� PAP OF WAY) 6'�'� RIGNT- R�ll� "DTM VA (ARIABLC GRAPHIC SCALE 0 50' 10' 200' 1 inch 100 ff FINAL PLAT OF SUBDI14SION FREEDOM MANOR SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, WGIN/A LINE TABLE LINE BEARING DISTANCE L1 S823444W 38.21' L2 S0725'16'E 50,19' L3 S612446 W 28.02' L4 S134026 W 51.02' L5 S765104 W 43.97' L6 S627929'W 57.75' DATE.• DEC£MBER 13, 2019 1 SCALE 1' = 100' 1 SHEET 7 OF 7 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL office®marshandleaae.com P. Duane Brown Lic. No. 001285 Lift. / ' 80/9 "�Lft 3URv1�A DRAWN BY HSK DWG NAME W0174—sub—sec2 V'+ CD W O VIRGINIA; FRFDERICK lCAUNTYMT. This Instrument of writing was produced to rns an L4 - U2:L�'t 3 : oA Pm and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec, 58.1-802 of $_—/ and 58.1-801 have been paid, if assessable. �' z , Clerk 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 16, 2020 Marsh & Legge Land Surveyors, P.L.C. Attn: P. Duane Brown, LS 560 N. Loudoun St. Winchester, VA 22601 RE: Plats Freedom Manor Section 2 Property Identification Number (PIN):64-A-23 Dear Mr. Brown: This letter is to confirm that the plats for Freedom Manor Section were approved for eleven (11) single-family detached cluster lots. Enclosed is one (1) copy of the plats for your records and distribution. Please return a copy of the recorded plats to this office. Should you have any questions, to call me at (540) 665-5651. Sincerely, f,r Mark R. Cheran Zoning Administrator MRC/pd cc: Gene Fisher, Shawnee Board of Supervisor H. Paige Manuel and Lawrence R. Ambrogi, Planning Commissioners GIS Commissioner of Revenue Jane Anderson 107 North Kent Street • Winchester, Virginia 22601-5000 DATE: March 23, 2020 SUBJECT: Freedom Manor — Section Two Subdivision and Bond Estimate CC: Please find attached the following materials for Freedom Manor Section 2 for your review: 1) Application Form 2) Subdivision Plat 3) Draft Deed of Dedication 4) Bond Estimate in the amount of $170,618.00 5) Check in the amount of $2,700.00 to cover the subdivision application fee ($2,200.00) as well' as the bond establishment fee ($500.00) Once I have received final signature from both VDOT and Frederick Water, I will provide you with signed original plats for your final signature. If you have any comments or questions in the meantime, please let me know. One note regarding the dedication of Open Space Parcel B to the HOA. We have intentionally omitted dedicating that open space to the HOA as part of the Deed of Dedication as we intend to complete a small boundary line adjustment with the adjoining property owner. We will dedicate the open space parcel following completion of that boundary line adjustment. If you have any questions or need additional information, please feel free to contact me at (540) 336-3333. Dave Holliday Construction, Inc. 420 W Jubal Early Drive, Suite 103 • Winchester, VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HA VE COMPLETED. Initials Candice Mark Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Time):_ Date & Time 1■Isl1■ m .o NbY e Dr. SITE MN,/CTY MAP Lmmlomw Dr, SWILL. I' m 20W ' BY SUBD/VIS/ON ADM/N/STRATPR DATE y /o7 Zozo FREOER/CK WATER DATE WYNIA DEPAR7MMT OF TRANSPORTAPON DATE �P� �P1i�A1F THE ABOVF AND FOREGOVNG S/BD/VISIOW OF THE LAND OF FREEDOM MANS LLC �P1N 64-A-19, PIN 64-A-20 AND PIN 64-A-2JJ AS APPEARS IN THE ACCOMPANYING PLATS, IS W7H THE FREE CONSENT AND /N ACCORDANCE WITH THE DENRES OF 7HE UNDERSIGNED OWNERS; PR6PRI£TORS AND TRUSTEES /F ANY. ON BEHALF OF OM M t t DATE Ao— AYlOTAWy'A A W STATE OF WRGIN/A, AT LARGE COUNTY OF FREDERICK 11{. % "DAY DREGMWINTRUMENT WAS ACKNOiKEDGEO BEFORE ME THIS Qf' G , 20.8Y 6W BEHALF OF FREEDOM AWN , LLC. _ Nancy Tilson Sinback 6 C $ NOTARY Pusuc NOTARY PUBLIC Of Virginia ' #%M148 MY COMM/SSIOYV EXPIRES MY COnNtl'Sao" 1 1?l31rt022 / HEREBY CERAFY THAT IH£ PROPERTY CONTAINED /N THIS S718D/NS10N IS A PORAON OF THE PROPERAES CONW)ED TO FREEDOM ,MANOR, LLC BY DEED DATED NNE 10, 2016, SAID DEED RECORDED /N THE OFRCE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK CWNTY, VIRGIN/A AS INSTRUMENT 1601005456. FINAL PLA T OF SUBDI WSION H OF p FREEDOM MANORr� sEcnON 7 Wo pot SHAWNEE MAGISTERIAL DISTRICT P. Duane Brown FREDERICK COUNTY, 14RGIN/A Lic. No. 001285 D".13 2619 o4 laND DATE DFaWb R 13, 2019 COVER SHEET SHEET 1 OF 7 sUlut%q Marsh & Legge Land Surveyors, P.L.C. DRAWN BY HBK . 560 'NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL officeOmorshandlegge.com DWG NAME id10174-sub-sect ADJOINING PROPERTIES PIN 64D-2-A-10 PIN 640-2 A-9 PIN 64D-2-A-8 DWC W.''PRATT ERIC W. PRATT ERRY A. SALES INST. 070015057 INST. 0700=7 INST. 0401 D1. 36. 39 ® (9) (9) (. PIN 64-A-21A PIN 647-2-A-7 PIN 649-1-8-A PIN 640-2-A-6 BERRY A. SALES BERRY A. SALES WAX R. MANIAZ vt7W/VNY H. ANDERSW WE 0400138JR I INST. 1201a IJ5 I INST. 070014170 1 08 J17 PIG 101 AW N-A-AV R MWi11W f'"FREEDO MANOR 51 SECTION THREE INST. 190011298 ;5:2� z 139 AW 84440 MUMM AW 6hA- I�6�N1�7P I PIN 6.3-A-145 PRISANE PROPERTY MANAZMENT LLC INST. 17000101 / PIN 63-A-146 THOMAS W. BREEDLOW / DR 401 PG 872 MILL iqoAo N P IF --WA / 6** RIGNT SEA VA�� �v RIAB '� v), Z4W Sr,4; . LOTS SHEET 57, 76-77 4 58-59, 73-75 5 60-62 6 OPEN SPACE A 7 OPEN SPACE B 4 & 5 OPEN SPACE C 6 FREEDOM MANOR SECTION ONE INST. 190004229 33 M &-A-,U Am~ i / GRAPHIC SCALE O 100' 200' 400' KEY MAP 1 Inch = 200 ft. FINAL PLAT OF SUBDI14SION FREEDOM MANOR SECTION 7WO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTYWRGINIA DATE DECEMBER 13, 2019 SCALC• I" = 200' SHEET 2 OF 7 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office0morshandlegge.pom TH OF y l� P. Duane Brown Lic: No. 001285 Dec. /as go/9 t'ND sURv��°4 DRAWN 8K W DWG NAME • H10174-sub-sec2 AREA SUMMARY BY PROPERTY IDENTIFICATION NUMBER (PIN) PIN 64-A-19 PIN 64-A-20 PIN 64-A-23 TOTAL AREA AREA IN LOTS 1.0520 ACRES 0.6542 ACRES 0.5064 ACRES 2.2126 ACRES AREA IN OPEN SPACE 0.2502 ACRES 0.4044 ACRES 2.9550 ACRES 3.6096 ACRES AREA IN RIGHT-OF-WAY 0.1939 ACRES 0.4552 ACRES 0.1605 ACRES 0.8096 ACRES TOTAL AREA SUBDIVIDED 1.4961 ACRES 1.5138 ACRES 3.6219 ACRES 6.6318 ACRES REMAINDER 0.7060 ACRES 16.9523 ACRES " 14.4872 ACRES 36.9956' ACRES AREA SUMMARY FOR SECTION 2 LOT NUMBER TOTAL AREA 57 8,590 SO. FT. 58 9,047 SO. FT. 59 9,891 SO. FT. 60 8,052 SQ. FT. 61 8,052 SQ. FT.' 62 8,052 SO. FT. 73 8,418 SQ. FT. 74 8,418 SQ. FT. 75 8,956 SQ. FT. 76 9,299 SQ. FT. 77 9,604 SQ. FT. AREA IN LOTS 96,379 SQ. FT. 2.2126 ACRES OPEN SPACE A 2.9518 ACRES B 0.5172 ACRES C 0.1406 ACRES AREA IN OPEN SPACE 3.6096 ACRES AREA 1N RIGHT-OF-WAY 0.8096 ACRES TOTAL AREA SUBDIVIDED 6.6318 ACRES NUMBER OF LOTS 11 AVERAGE LOT SIZE 8,762 SQ. FT MINIMUM LOT SIZE 8,D52 SQ. FT. REMAINDER (PIN 64-A-19, 20 & 23) 36.9956 ACRES NOTES. 1. IRON RODS ARE 70 BE SET AT ALL PROWERTY CORNERS NOT PRENOUM Y Ma"EN7£D 2. EXISANG ZONING- RP (RESIDENTIAL PERFWMANCE) 3. EXIS77NG USE VACANT 4. BRL DENOTES BUILDING RESTRIC77ON LINE 5. LOTS 73-77 AND OPEN VACS A ARE SUBE'CT TO A 12' 7RAIL EASEMENT (HEREBY CREATED) ALOING DAWD Off If. FINAL PLAT OF SUBDIVISION FREEDOM MANOR SECTION TWO SHAMES MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE DECEMBER 13,, 2019 ,TH OF 7N t. P. Duane Brown Lic. No. 001285 !.Tara, is$ eot4 SHEET 3 OF 7 laxD suRv� o Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL offiice0marshandleaae.com DRAWN BY.• HBK DWG NAME- W0174-sub-w2 EX. 0WRHEAD ELECTRIC PIN 640-1-8-A LOT 53 iygQ , VA ffv81 WADER MANUEL -- _ , �_� ZG�E- STq- qQ/D INST. 070014170 X LOT 54 p� LOT 38 FREEDOM MANOR v 3 _— SECTION THREE INST. 19001129 W � { LOT 37 0 r— I LOT 55 v� x FRONT BRL: 25' I X. STORM S£WfR EASEMENT 1 tLI REAR BRL: 20' (cc 1 — IN_ST`190011298 SIDE BRL: 8 LQ 58 I LOT 57 E A 18, 590 SQ. F LOT 56 X. NORTHERN WRG/NIA POWI�R I "PANY £L£CTRIC UNE I EX. FREDERICK EASEMENT DB 213 PG 285 At I WATER EASEMENT INST. 19000422.9 (HEREBY vACATFD) 61.00' _ _61.000 (SI?T25'let M51 LOT 36 =Toll�T. a 7� ,4 N 5c508' g 6&;j44 �i0 R� r2s 1str Z57' � _ DAVID DRIVE 50' RIW N � 72.87' kj 50.19' r 67.72' _ — 64.28 EX. STORM SEWER EASEMENT _ — 1 — — — — — — I INST. 190004229 25' BRL 25' BRL 1 12' TRAIL EASEMENT N \ 3_ 1 I I 1 11 (HEREBY CREATED) � �1�h1 00i "I / o I I I LOT 76 I �) LOT 77 LOT 78 / E 1 = 19,299 SO. FT h 9,604 SO FT. I 1 1 I I 1 LOT 79 75 �l" �► _ 20 BRL _ I _ 20 BRL 57.63' i _66.98' 1 `^ N0532116"W 124.61' OPEN SPACE A S / 2.9518 ACRES / PIN 63--A-146 SEE SHEET 6 FOR GRAPHIC SCALE9� THOMAS W: 8REEDLOVf CURVE TABLE D8 401 PG 672 0 25' 50' 100' �' SEE SHEET 7 .f Inch 50 ft. FINAL PLA T OF SUBDIVISION Yn up FREEDOM MANOR SECTION TWO SHAWNEE MAGISTERIAL DISTRICT P. Duane'Brown FREDERICK COUNTY, 14RGINIA Lic. No. 001285 DATF• DECEMBER 13, 20>9 SCALE 1" _ 50' SHEET 4 OF 7 d4 sult0io4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRCINIA 22601 DRAWN 8Y HBK PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL. office0marshandegge.com DWG NAME'.• id10174—sub—sec2 ■ 1 61, co 60 W N J W Uj 51.00 _ ' I _ ZONE SrAZ 6; 0 EX. f FEDERICK HATER EASEMENT INST. 190004230 l I PIN 64D-A-2-8 PIN 64D-A-2-7 1 PIN 64D-1--8--A zwr A. SALES I ERRY A. SALES I WADER MANUEL I INST. 040013639 I INST. 120008135 1 i/ INST. 070014170 � 1 OPEN SPACE C 1 M OPEjy IS A�S16-48 06 ¢ --5676 I PIN 64-A-21A /w ool �oo I JERKY A. SALES 1 ! I 0O I o� 20 STORM SE&W EASEMENT INST. 04001.3639 1 4 I (HEREBY CREATED) I I 1 A 9,89� S T. 90459 � S T 1 s 5tz 7 _ SDT25'15T 120.51' ! LVI OPEN SPACE B I , l EX. FREDNSITK190 30SEMENT ( I Uj 0.5172 ACRES 25r BRl —THEREBY VACATEDr- 25• 8 l — — 16247_ — 1 81.97' — 61.00' _J 61.00' 1 DAVID DRIVE - 50' R/W EX. NOMERN ARGINIA POWR OOMPANY ELECTRIC LINE EASEMENT MD7VI8*Y 1Q9.26' 12' TRAIL EASEMENT - (HEREBY CREATED) 584"52:36iY t.� 16' PTV 64-A 20 FRONT BRL: 25' REAR BRL: 20' SIDE BRL: 8' SEE SHEET 6 FOR CURIE TABLE GRAPHIC SCALE �25' S0� p, f Inch = 50 ft. 72.87' F 25 BRL I 25 BRL I i 25' BRL I I tl II j LOT 7.3 �$I I LOT 74 131 LOT 75 I 18, 418 SO. FT. �$I8, 418 SO. FT. g 8,956 SO. FT. / I .99 9I N' 1. �/ �1 Io — — — I L —20' BRL— 1-20' BRL— �j, 61.00' 50.81' FINAL PLAT OF SUBDI14SION FREEDOM MANOR SEC77ON TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, 14RGINIA MD725781F 172.81' DA1F: DEMMBER 13, 2019 1 SCALE 1" = 50' 1 SHEET 5 ODD 7 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, MRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 ua..w P. Duane Brown Lie. No. 001285 DRANK BY.• HBK a v a to z OW NAME M10174-sub-sec2 11_�l Ft N;; EX. NORTHERN WRGIN/A POWFR C0611PANY ELECTRIC im EAsriv DB 213 PG 285 FRONT BRL: 25' REAR BRL: 20' SIDE BRL: 8' I / PIN 649-2—A-10 ERIC W. PRATT INST. 070015057 SP72031 CURB£ TABLE l N� � AN D 83`''' a't ST /7 �/D PIN 640-2—A-9 ERIC W. PRATT I INST. 070015057 I MW* OPEN SPACE C 0.1406 ACRES _ S0725'1_6'E 183.00' 61.00' 61.00' 61.00' io' iE —I —zo' BRL L I I I f j A ,I °°I00 L j LOT 8i2 f;P-18,052 LQT 61 ,�LDT 60 •18, 052 SQ. FT. I w SQ. FT. t 18 052 SO. FT. I I W II w 25=BRL _ I I_ 25' Rk V 61.00' 61.00' 61.00' 162.47' DAVID'DRIVE - 50' R":'---- - — W72576V =57' MR, 50I N IV�773'16'1Y 1GN�8f' • �I� ll�,0 2a0'!r 1848' 25 LIXOr CURVE DEL TA RADIUS ARC TANGENT mow 'CHORD BEARING 1 0053'55' 31300' 4.91' 2.45' 4.91' 50638119'E 2 87'42'07' 31.00' 47.45' 29.78' 42.95' N5176201W 3 1 5773116- 19.00' 1 1898' 10.36' 18.20' N3226551E 4 1 1175;33' 1 31.00' 6.09' 1 3.06' 6.08' N01'4T30'W FINAL PLA T OF SUBDI WSION FREEDOM MANOR SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGIN/A ! 500 S84'Si2WW 1118 0 GRAPHIC SCALE 0 25' 50' f00' 1 inch 50 ft. DATE: DECEMBER 13, 2019 1 SCALE 1' = 50' j S7IE£T 6 OF 7 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, MRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office0marshandlegge.com 4- H OP. 9�' r, P. Duane Brown Lie. No. 001285 0". /S, *oil r� LD svRv15'o4 DRAW BY.• W DWG NAME.• id10174—sub—sec2 55 i I 56 59 � 58 1_57 DAVID DRIVEN W LRIW _ __j —_ CREATED) 74 1 75 AW 64—A-19, /4BIiY1M 37 3 'FRE OM MANOR a SECTION THREE 4WI# W NW 8J INST. 190011298/i SUAT apt 36 35 / 34 33 \ NV 9229 I 78 / 79 FREEDOM MANOR I / SECTION ONE 80 INST90004 29 P11Y 64-A?3 Xo'- 124.61' � \ 1, AWAPW ti4 \-S05�2'16 I` GS 98.65 �/-11S6q. / 81 \ \ S14'35'44"WJ 6� 4g�W .oy \ 21.44' i�\'��• 82 Job.. OPEN SPACE A _ S1fi 2.9518 ACRES 144.82 w ar c�F nWs9" STORM WATER �. MANA6fMEN T EASEMENT (HEREBY CREATED) L .3 `12 TRAIL I EASEMENT I Il �� �) I 76 77 I N I PIN 63--A-146 THONAS W. BREEDLOW OB 401'PG 672 I ROAD �N pA WAY) 6*4 I ?-oF ROUE opjo R VA SEC ARIA6L GRAPHIC SCALE 0 50' 100' 2W' 1 inch — 100 ft. FINAL PLAT OF SUM14SION FREEDOM MANOR SECTION TWO SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, WGINIA DATE DECEMBER 13, 2019 SCALE 1' = 100' 9VEET 7 OF 7 Marsh , & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540� 667-0469 EMAIL office®marshandleaae.com LINE TABLE LINE BEARING DISTANCE L 1 S8234144'W J8.21' L2 S077061E 50.19' L3 S6124461W 28.02' L4 S13W26'W 51.02' L5 51651'04'W 43.97' 16 S6279291W 57.75' P. Duane Brown Lic. No. 001285 s019 1 0Ap sultli 'o4 DRAWN BY.• HBK DWG NAME H10174—sub--sect Section 1 Plat Deed of Dedication COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 24, 2020 Marsh & Legge Land Surveyors, P.L.C. Attn: P. Duane Brown, LS 560 N. Loudoun St. Winchester, VA 22601 RE: Plats Freedom Manor Section 1 Townhouses Property Identification Number (PIN):64-A-23 Dear Mr. Brown: This letter is to confirm that the plats for Freedom Manor Section 1 Townhouses were approved for fifty-nine (59) townhouses. Enclosed is one (1) copy of the plats for your records and distribution. Please return a copy of the recorded plats to this office. Should you have any questions, to call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd cc: Gene Fisher, Shawnee Board of Supervisor H. Paige Manuel and Lawrence R. Ambrogi, Planning Commissioners GIS Commissioner of Revenue Jane Anderson 107 North Kent Street • Winchester, Virginia 22601-5000 SUBDIVISION APPLICATION FREDERICK COUNTY, VIRGINIA - Office Use Only - Date: Application #: MDP: yes no If no, has the MDP requirement been waived by the Planning Director? yes no If the MDP has been waived, fill in the following public meeting dates for the final plus: PC Meeting Date BOS Meeting Date 1. Applicant: Name: �'r o� z L L L Telephone: 57LJ p Address: LJ 7� i,) J.,�.� v/U i_ GJ; Lester (✓ Zz6.; t Email Address: 2. Property Owner (if different than above) Name: Address: Telephone: 3. Please list names of all owners, principals, and/or majority stockholders: 4. Contact personifother than above Name: i—��- ��,..s Telephone: 5. Name of Proposed Subdivision:�p 6. Number of Lots: 7. Total Acreage: 7 ,y 4. 61-1 8. Property Location: IV k X-' P-.— 41,'1 l i (Give State Route # and name, distance and 0 ion from intersection) (4 9. 10. 11. 12. 13 Magisterial District: ,SL, K-e-e. Property Identification Number (P.I.N.): (S q ,- -z0 (Parent Tract) Property zoning and present use: k P — VL—c-l!2�� Adjoining property zoning and use: USE North ���t'oU���. 9-es"J.- NA East t i South West "wl ZONING Has a Master Development Plan been submitted for this project? ✓ Yes No 14. If yes, has the final MDP been approved by the Board of Supervisors? +/Yes No 15. What was the Master Development Plan title? 16. 17. 18. 19. Does the plat contain any changes from the approved MDP? Yes ✓No If yes, specify what changes: Minimum Lot Size (smallest lot): 2, p 4 d S Number and types of housing units in this development: rc2 — Tfl w n 1n6 I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature: Date: i3 —19 xv 11 10 TO: FROM: DATE: SUBJECT: CC: Memorandum Mark Cheran Patrick Sowers March 23, 2020 Freedom Manor — Townhouses Section One Subdivision and Bond Estimate Please fired attached the following materials for Freedom Manor Townhouses Section One for your review: 1) Application Form 2) Subdivision Plat 3) Draft Deed of Dedication 4) Bond Estimate in the amount of $638,024.00 to cover all remaining work. 5) Check in the amount of $11,400.00 to cover the subdivision application fee ($10,900.00) as well as the bond establishment fee ($500.00) Once I have received final signature from both VDOT and Frederick Water, I will provide you with signed original plats for your final signature. If you have any comments or questions in the meantime, please let me know. If you have any questions or need additional information, please feel free to contact me at (540) 336-3333. Dave Holliday Construction, Inc. 420 W Jubal Early Drive, Suite 103 - Winchester, VA 22601 - Ph: 540-667-2120 - Fx: 540-667-5414 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL. PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Initials Date & Time dice ar (---( Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 May 7, 2019 Marsh & Legge Land Surveyors, P.L.C. Attn: P. Duane Brown, LS 560 N. Loudoun St. Winchester, VA 22601 RE: Plats Freedom Manor Section 1 Property Identification Number (PIN):64-A-23 Dear Mr. Brown: This letter is to confirm that the plats for Freedom Manor Section 1 were approved on May 7, 2019, for eight (8) single-family detached cluster lots. Enclosed is one (1) copy of the plats for your records and distribution. Please return a copy of the recorded plats to this office. Should you have any questions, to call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd cc: Shannon G. Trout, Shawnee Board of Supervisor H. Paige Manuel and Lawrence R. Ambrogi, Planning Commissioners GIS Commissioner of Revenue Jane Anderson 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 3, 2018 Pennoni Associates Inc. c/o Dave Frank, P.E. 117 E. Piccadilly Street Winchester, VA 22601 RE: Subdivision Design Plan #07-17 Freedom Manor Phases 1 & 2 Property Identification Number (PIN):64-A-19, 20, and 23 Dear Mr. Frank: This letter is to confirm that the subdivision design plan for Freedom Manor Phases 1 & 2 has been approved. This design plan reflects the construction of eighty-two (82) single-family detached cluster units and eighty-seven (87) townhouse units. Attached are three (3) copies of the approved plan for your records. It is now appropriate for you to submit the final plats for this subdivision. In addition to the information provided on the approved design plans, the plat must include the approval signatures of the Frederick Water and the Virginia Department of Transportation. Additionally, a deed of dedication and an appropriate guarantee will be required prior to final plat approval. Should you have any questions, to call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd Attachment 107 North Kent Street • Winchester, Virginia 22601-5000 SITE '- tict:iure Way estwood Grindstone Dr. �a Vme U• a Loureiwood Dr. VICINITY MAP SCALE: 1" = 2000' SUB IVISION ADMINISTRA R DATE `1-7-�zc� FREDERICK WATER DATE VIRGINIA DEPARTMCNT OP TRANSPORTATION DATE OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF FREEDOM MANOR, LLC [PIN 64-A-201, AS APPEARS IN THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. M ON BEHALF OF F MA DATE NOTARY PUBIC STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK THE FOREGO G IN TRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OFUr'6-e-k202eBY ------ M_— ON BEHALF OF FREEDOM MAN , LLC, Nancy Tiison Sinback NOTARY PUBLIC N TARY PUBLIC Commonwealth of Virginia 12, . ZZ%ZZ -;�J Reg. #7292148 MY COMMISSION EXPIRES My Commission ExPires 12/31/2022 SURVEYOR'S MEMO I HEREBY CERTIFY THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE PROPERTIES CONVEYED TO FREEDOM MANOR, LLC BY DEED DATED JUNE 10, 2016, SAID DEED RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA AS INSTRUMENT 160005456. FINAL PLAT OF SUBDIVISION �TH OF Pr�A FREEDOM MANOR TOWNHOUSES SECTION ONE a SHAWNEE MAGISTERIAL DISTRICT P. Duane Brown FREDERICK COUNTY, VIRGINIA Lic. No. 001285 htattial� lo,EoEo DATE: MARCH 10, 2020 COVER SHEET SHEET 1 OF 12 Marsh & Legge Land Surveyors, P.L.C. DRAWN BY: PDB/HBK 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandlegge.com DWG NAME: W10174—th—secl ADJOINING PROPERTIES 101 (D O O PIN 63—A-124 PIN 64—A-18 PIN 64D-2—A-10 EFG INVESTMENTS, LLC MADISON 3, LLC ERIC W. PRATT DB 955 PG 724 INST. 130007746 INST. 070015057 FREEDOM MANOR FREEDOM MANOR PIN 64—A-20 SECTION TWO SECTION TWO REMAINDER OPEN SPACE C LOT 62 INST. INST. 129 I w 73 z ce •• I `142 I •• 143 144 OPEN SPACE J \ --T--- 145 ' 1 � �160 i 146 '159 r w I 147 —_ —_ 158 1 148 — _ 157 1 149 —I 156 -130 • 131 132 133 134 , 135 136 '137 1'38 t39 150 I 155 I 151 _ _ 454 �152_ J53— w L I 140 I 141 — f OPEN SPACE K GRAPHIC SCALE 0 50' 100' 200' �-- 1 inch = 100 ft. METCALF LANE NORTH ZONE STgE GRID PIN 64-A-20 REMAINDER EX DAVID DRIVE DAVID DRIVe 167 16 165 OPEN SPACE I I 164 I _ 163 162 1 161_ _ 1168 169 170 171 1187 I 18681 t'82 180 - 1179 I lie 1177 PIN 63—A-145 PRISTINE PROPERTY MANAGEMENT LLC INST. 170001431 KEY MAP I 176 7 175 172 9 0 SHEET INDEX LOTS SHEET 129-141 10 142-160 6 161-167 5 168-179 8 180-187 7 OPEN SPACE 1 5 & 8 OPEN SPACE J 6 & 7 OPEN SPACE K 7-10 FINAL PLAT OF SUBDIVISION (P.1 NTH Op - FREEDOM MANOR TOWNHOUSES SECTION ONE SHAWNEE MAGISTERIAL DISTRICT�Ouane Brown FREDERICK COUNTY, VIRGINIA No. 001285 DATE: MARCH 10, 2020 SCALE: 1" = 100' SHEET 2 OF 12 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandlegge.com Mc►rcl+ lo, xo'W d,�ND SURV�'��4 DRAWN BY: PDB DWG NAME: id10174—th—secl LOT NUMBER AREA 129 3,000 SQ. FT. 130 2,000 SQ. FT. 131 2,000 SQ. FT. 132 2,000 SQ. FT. 133 2,000 SQ. FT. 134 3,000 SQ. FT. 135 3,000 SQ. FT. 136 2,000 SQ. FT. 137 2,000 SQ. FT. 138 2,000 SQ. FT. 139 2,000 SQ. FT. 140 2,000 SQ. FT. 141 3,000 SQ. FT. 142 3,000 SQ. FT. 143 2,000 SQ. FT. 144 3,000 SQ. FT. 145 3,000 SQ. FT. 146 2,000 SQ. FT. 147 2,000 SQ. FT. 148 2,000 SQ. FT. 149 2,000 SQ. FT. 150 2,000 SQ. FT. 151 2,000 SQ. FT. 152 3,000 SQ. FT. 129-152 56,000 SQ. FT. AREA SUMMARY LOT NUMBER AREA 129-152 56,000 SQ. FT. 153 3,000 SQ. FT. 154 2,000 SQ. FT. 155 2,000 SQ. FT. 156 2,000 SQ. FT. 157 2,000 SQ. FT. 158 2,000 SQ. FT. 159 2,000 SO. FT. 160 3,000 SQ. FT. 161 3,000 SQ. FT. 162 2,000 SQ. FT. 163 2,000 SO. FT. 164 2,000 SQ. FT. 165 2,000 SQ. FT. 166 2,000 SQ. FT. 167 3,000 SO. FT. 168 3,000 SQ. FT. 169 2,000 SQ. FT. 170 2,000 SQ. FT. 171 3,000 SQ. FT. 172 3,285 SQ. FT. 173 2,000 SQ. FT. 174 2,000 SO. FT. 175 2,968 SQ. FT. 129-175 110,253 SQ. FT. LOT NUMBER AREA 129-175 110,253 SQ. FT. 176 2,879 SQ. FT. 177 2,000 SQ. FT. 178 2,000 SQ. FT. 179 3,000 SQ. FT. 180 3,000 SO. FT. 181 2,000 SQ. FT. 182 2,000 SQ. FT. 183 2,000 SQ. FT. 184 2,000 SO. FT. 185 2,000 SQ. FT. 186 2,000 SQ. FT. 187 3,000 SQ. FT. 129-187 138,132 SO. FT. OPEN SPACE 1 0.4321 AC. J 0.2995 AC. K 1.9836 AC. TOTAL 2.7152 AC. AREA IN LOTS 3.1711 ACRES AREA IN OPEN SPACE 2.7152 ACRES AREA IN RIGHT-OF-WAY 0.3333 ACRES AREA IN PRIVATE STREETS 0.8268 ACRES TOTAL AREA SUBDIVIDED 7.0464 ACRES NUMBER OF LOTS 59 AVERAGE LOT SIZE 2,341 SQ. FT. MINIMUM LOT SIZE 2,000 SQ. FT. PIN 64-A-20 REMAINDER 9.9059 ACRES FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES SECTION ONE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MARCH 10, 2020 1 1 SHEET 3 OF 12 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandlegge.com TH Op- P. Duane Brown Lic. No. 001285 IL M&mh lo,tot* 4 svRvic�o4 DRAWN BY: PDB/HBK DWG NAME: id10174-th-secl CURVE TABLE CURVE DELTA RADIUS ARC TANGENT CHORD CHORD BEARING 1 43'51'01" 403.00' 308.43' 162.21' 300.96' S05'01'43"W 2 0716'03" 572.00' 72.55' 36.33' 72.50' S2319'12"W 3 27'06'26" 522.00' 246.96' 125.84' 244.67' S06'07'57"W 4 27'06'26" 547.00' 258.79' 131.86' 256.39' N06'07'57"E 5 22'20'38" 547.00' 213.31' 108.03' 211.97' NO3'45'03"E 6 04'45'48" 547.00' 45.48' 22.75' 45.46' N1718'16"E PRIVATE STREETS CURVE DELTA RADIUS ARC TANGENT CHORD CHORD BEARING 7 22'37'46" 100.00' 39.50' 20.01' 39.24' N86'23'31"W 8 14'49'48" 100.00' 25.88' 13.01' 25.81' S89'42'30"W 9 68'00'49" 27.50' 32.64' 18.55' 30.76' S6342'00"E 10 68'00'49" 27.50' 32.64' 18.55' 30.76' S4817'11"W 11 81'56'10" 34.50' 49.34' 29.96' 45.24' N5611'21"W 12 90'00'00" 24.50' 38.48' 24.50' 34.65' S37'17'36"W 13 90100'00" 4.50' 7.07' 4.50' 6.36' S5242'24"E 14 90'00'00" 4.50' 7.07' 4.50' 6.36' S37'17'36"W 15 90'00'00" 4.50' 7.07' 4.50' 6.36' N52'42'24"W 16 90'00'00" 4.50' 7.07' 4.50' 6.36' N37'1736"E 17 90100'00" 24.50' 38.48' 24.50' 34.65' S52'42'24"E 18 10'03'08" 112.50' 19.74' 9.89' 19.71' N87'19'10"E 19 65*13'36" 34.50' 39.28' 22.08' 37.19' N59'43'56"E 20 83'57'37" 34.50' 50.56' 31.04' 46.15' N54'32'26"W 21 90'00'00" 24.50' 38.48' 24.50' 34.65' S3717'36"W 22 90'00'00" 4.50' 7.07' 4.50' 6.36' S52'42'24"E 23 90'00'00" 4.50' 7.07' 4.50' 6.36' S37'17'36"W 24 90'00'00" 24.50' 38.48' 24.50' 34.65' S52'42'24"E 25 14'40'22" 112.50' 28.81' 14.48' 28.73' N89'37'47"E 26 52-24'18" 34.50' 31.56' 16.98' 30.47' N70'45'49"E NOTES 1. IRON RODS ARE TO BE SET AT ALL PROPERTY CORNERS NOT PREVIOUSLY MONUMENTED 2. EXISTING ZONING: RP (RESIDENTIAL PERFORMANCE) 3. EXISTING USE: VACANT 4. BRL DENOTES BUILDING RESTRICTION LINE 5. SEE SHEETS 11 AND 12 FOR LOCATION OF EASEMENTS (HEREBY CREATED) 6. ALL PROPERTY OWNERS IN FREEDOM MANOR TOWNHOUSES ARE REQUIRED TO BELONG TO THE FREEDOM MANOR TOWNHOUSES HOME OWNERS ASSOCIATION. THE ASSOCIATION IS THE OWNER OF ALL OPEN SPACE AND PRIVATE STREETS/PARKING AREAS AND IS RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS. ALL PROPERTY OWNERS MUST PAY AN ANNUAL ASSESSMENT FOR THIS MAINTENANCE. THIS FEE AND ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRICTIONS AND COVENANTS RECORDED HEREWITH. FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES SECTION ONE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 1 DATE: MARCH 10, 2020 1 1 SHEET 4 OF 12 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 EMAIL office®marshandlegge.com Alz�l TH OF U Y Alt.tln.a.�.ra..9 P. Duane Brown Lic. No. 001285 1k4cr� /O, EDto l9ND SUR���O4 DRAWN BY: PDB/HBK DWG NAME: id10174-th-secl SEE SHEET 4 FOR CURVE TABLE SEE SHEETS 11 AND 12 FOR LOCATION OF EASEMENTS GRAPHIC SCALE 0 20' 40' 80' 1 inch = 40 ft. REMAINDER 7.1901 ACRES NORTH ZONE 83 STATE GRID FREEDOM MANOR SECTION TWO LOT 62 INST. 6 -'`�EX. DAVID DRIVE 3 S0725'16"E y'� $ pAVlp pRIVE --- 39.21 4 so aw -- --- � 3s98 � 5 N N072510 W r4SO742'24'E 31.59' 100.00' — — A_ 189.48� — — a J M LOT 167 I 3,000 SQ. FT. - �'_ L ff t o I LOT 166 I g N I 2,000 SQ. FT. I N $ o ( LOT 165 I 8 o N I 2,000 SO. FT. I N _ ff $ $ LOT 164 8 8 N - 2,000 SO. FT. g ^ I LOT 163 I g_ N 0 I 2,000 SO. FT. I N I pip' _—+ 8 ( LOT 162 1 $ N I 2,000 SQ. FT. ( N LOT 161 8 I 3,000 SO. FT. I $ I IM --To, -m I - � N07'42'24"W 100.00' � 73100'� vi ,n OPEN SPACE 1 0.4321 ACRES 168 1 169 1 170 1 171 I I I I I I I l 5.00' METCALF LANE (PRIVATE STREET) SEE SHEET 8 106.00' FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES SECTION ONE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MARCH 10, 2020 I SCALE: 1" - 40' I SHEET 5 OF 12 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandlegge.com 23.97' I� N REMAINDER 2.7158 ACRES li N' �-p►1'TH op - 'All a P. Duane Brown Lic. No. 001285 match 10/ tozo l9ND SUR����4 DRAWN BY: PDB DWG NAME: id10174-th-secl SEE SHEET 4 FOR CURVE TABLE SEE SHEETS 11 AND 12 FOR LOCATION OF EASEMENTS 0 W f=/) W V) 77 0 t�MO n yll -�- NORTH ZONE 8 STAE GRID REMAINDER 7.1901 ACRES ��•• GRAPHIC SCALE 4*36 g3, 0 20' 40' 80' 1 N �/ ••\ n _�•. 1 inch = 40 ft. rJ A`'0, S0T42'24"E 100.00' — 1Q_RRL S •. 8 I LOT 142 •. I 3,000 SO. FT. I I S QR/VF — — — 4---� 00 o �b 4 0, 8 LOT 143 19 8 6 S N in 2,000 SO. FT. N 4,-co Z I ?, LOT 144 I _ N OPEN SPACE J44 I $ I 3,000 SQ. FT g l 0.2995 ACRES W I._—IFRL7 __I gI Cd 4a rOPEN� S0T42'24'E 100.00' I LOT 145 I LOT 160 ACE I 3,000 SQ. FT. I I 3,000 SO. FT. 12 LOT146 8I LOT159 I g 7 8 N I 2,000 I SQ. FT. I N 1 2,000 SQ. FT. I N )) _ I LOT 147 I 8 I LOT 158 ( 8 N I 2,000 SQ. FT. I N I I 2,000 SQ. LOT 148 8 LOT 157 N NI 2,000)SQ. FT. ro N 2,000 SQ. FT. ,r) g I $ I --- -- "Co $ I LOT 149 8 I LOT 156 I S p N 29000 SQ. FT. 91 I 2,000 SQ. FT.to LOT 150 LOT 155 15I$ I N I 2,000 SQ. FT. I N I 2,000 SQ. FT. I N )) -- I 8 I LOT 151 1 8 I LOT 154 ( 8 io M N N I 2,000 SQ. FT. I N I I 2,000 SO. FT. ( N i I _ LOT 152 I LOT 153 I I$ I 3,000 SQ. FT. I I — _ — I 8 I 3,000 SO. FT. I 9 ` — _ — � 81 �' I ib•-13h� tr�el�C — _ 100.00_ — — _ 100.00' _ _ 29.00' NOT42'24*W 200.00' (TOTAL) S0742'2A SEE SHEET 7 I -- 16.6LO UH cai 165 164 163 I 162 �--- 12.5' (TYP.) 161 FT FINAL PLAT OF SUBDIVISION 4 5 TH OF �f FREEDOM MANOR TOWNHOUSES o� SECTION ONE SHAWNEE MAGISTERIAL DISTRICT P. Duane Brown FREDERICK COUNTY, VIRGINIA mc. No. 001285 DATE: MARCH 10, 2020 1 SCALE: 1" = 40' 1 SHEET 6 OF 12 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandleaae.com lk M(alvch w,,eos� %ND SUvqs���4 DRAWN BY: PDB/HBK DWG NAME: id10174-th-sec1 N -i - 5.00' METCALF LANE (PRIVATE STREET _ 229.00' _ _ 5.00, NO742'241W 505.50'(TOTAL) 263.30' 83 NORTH ZONE�STA E GRID 164 � Uj 163 v 162 161 Ui 5.00' — 230.00' — 1 8 r30.00' 20.00' 20.00' 20.00' 120.00' 20.00' 20.00' 30.00' 82 00' "' SOT42'24"E 180.00' (T TAL) _j25' BRL�--� I I---I---r $I I I I I I I I I ( 18 I gI �I �I �I S J OPEN SPACE K 'i� � � N" y � = N � � � � � � can � � � v�i C'i 179 178 1.9836 ACRES a a§ O8 OS O§ O� o§ O� O�ra z l I v I N I N N N N I N I e+l I I I I I I I I I I I I I I a, 20' BRLI — �100 w 30.00' 20.00' 20.00' 20.00' 20.00' 20.00' 20.00' 30.00, 10.00' w _ w V' NOT42'24"W 180.00' (TOTAL) tn NUj IOT42'24'W 592.099 PIN 63-A-145 PRISTINE PROPERTY MANAGEMENT LLC INST. 170001431 SEE SHEET 4 FOR CURVE TABLE SEE SHEETS 11 AND 12 FOR LOCATION OF EASEMENTS FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES SECTION ONE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 0 20' 40' 80' 1 inch = 40 ft. DATE: MARCH 10, 2020 1 SCALE: 1" = 40' 1 SHEET 7 OF 12 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandlegge.com TH Op- P. Duane Brown Lic. No. 001285 March Jo,>zoto ' l�ND svRv�`�o4 DRAWN BY: PDB/HBK DWG NAME: id10174-th-secl SEE SHEET 5 166 NORTH ZON� A3 OPEN SPACE I GRID 165 0 4321 ACRES I M I I N49'27'53E 18.45' 164 I _ _ S0742-24"E 100.00' (TOTAL) _ _ N0542'24 — — — — 30.00' 20.00' 20.00' 30.00' 24.10' 20 BRL I 163 , _ _ I I- 162 I S I m� o�I$ �a 161 I C I C I JCs I JC 1 S ZI I I I I I IN N — —�--t25' BRL I i� � 73 00� vi NOT t2'24*W 100.00' (TOTAL) I _ 30.0020.00' L 20.00 1 30_00 ._ — — 5.00' METCALF LANE (PRIVATE STREET) _ 230.00' N07*42'24"W 505.50'(TOTAL) 263.30' 30.00 20.00' 2000' 12.80' SOT42'24'E 82.80 (TO 1.,25'.T: - -r- 8j I I I 18 I I g I��I��I� g leQ�Y�YI I W " le rzg De V) � 25 J zl 1 ch N N lz N1 I I I I I I I ---I--+20' BRL -- w ____—30.00' N 20.00_ 120.00' 30_00_ w NOT42'24"W 100.00'� (TO � /� ----------------- OPEN SPACE K 1.9836 ACRES — 106-00' — — 71.70' 13.69' 20.00' 20.00' 36.53' S0742' 4'E 90.2 ' (TOTAL) — -25' BRL — C, g `r g REMAINDER L 2.7158 ACRES p �O'R o N�I JN JN NJM I n i• Tj cn I I I Z go 00 V) I(C�i ' 2BRL 21.00' _ — 30.8920.00�20.00•.1 _ 30.00' /T NO742'24V 100.89' (TOTAL) -- ------------------------ .� CS "i� NOT42'24'W 12.09' PIN 63-A-145 PRISTINE PROPERTY MANAGEMENT LLC INST. 170001431 SEE SHEET 4 FOR CURVE TABLE SEE SHEETS 11 AND 12 FOR LOCATION OF EASEMENTS FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES SECTION ONE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MARCH 10, 2020 1 SCALE: 1" = 40' 1 SHEET 8 OF 12 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®morshondlegge.com GRAPHIC SCALE 20 , 1 inch = 40 ft. ��TH OF Irr �7a�te.a•w.�«or.�„va P. Duane Brown Lic. No. 001285 March lotZo2o l9ND svR�`�`�04 DRAWN BY: PDB/HBK DWG NAME: id10174-th-secl SEE SHEET 10 136 137 I 138 139 I I 140 I 141 I W! J OPEN SPACE K 1.9836 ACRES PIN 63-A-124 EFG INVESTMENTS, LLC DB 955 PG 724 NORTH ZONE 83 STATE GRID 9.50' — L - 46.50' NOT42'24"W 505.5C 3.50' METCALF LANE (PRIVA7 152 vS 5.00' 229.00_ L6 W -----------------------------------------------W GRAPHIC SCALE 0 26 40' 80' 1 inch = 40 ft. SEE SHEET 4 FOR CURVE TABLE SEE SHEETS 11 AND 12 FOR LOCATION OF ENTS N0742'241W 597-OV PIN 63-A-145 PRISTINE PROPERTY MANAGEMENT LLC INST. 170001431 FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES SECTION ONE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MARCH 10, 2020 1 SCALE: 1" = 40' 1 SHEET 9 OF 12 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandlegge.com xv�TH OF Lj � P. Duane Brown � Lic. No. 001285 z4laNl"-v k lo,2o2c SU1:v��o¢ DRAWN BY: PDB DWG NAME: id10174—th—secl SEE SHEET 4 FOR CURVE TABLE SEE SHEETS 11 AND 12 FOR LOCATION OF EASEMENTS REMAINDER 7.1901 ACRES i i jV�1��► S? 60,6�, k PIN 64-A-18 MADISON E, LLC INST. 130007746 PIN 63—A-124 EFG INVESTMENTS, DB 955 PG 724 OPEN SPACE K 1.9836 ACRES GRAPHIC SCALE 0 20' 40' 80' 1 inch = 40 ft. A=134.21' NORTH LONE D 83 STATE GRID A� _93 S0742'24"E 100.00' N `� 3g I 21 LOT 129 �J 3,000 SO. FT._ 8 I LOT 130 I g N I 2,000 SQ. FT. I N I-- �+ — 4 -I 18 I LOT 131 I 8 N I 2,000 SQ. FT. I N $ LOT 132 8 0 N Q,1 2,000 SO. FT.LOT 133 _ N I N t o I 2,000 SO. FT. I o I LOT 134 I $ ( 3,000 SQ. FT. I S --Iku 6reiiE__� �18 to s I ,9 I LOT 135 i g z 3,000 SQ. FT.LU J I g I LOT 136 I 8 N I 2,000 SQ. FT. I N $ I LOT 137 I g m_ N ( 2,000 SQ. FT. I N I8 LOT 138 8 N — 2,000 SQ. FT.— N g I LOT 139 I 8 N I 2,000 SQ. FT. I N I g I LOT 140 I g N I 2,000 SO. FT. I N LOT 141 I� $ I 3 000 SQ. FT. I g ia'I — I __'� _I I N0742'24"W 100.00' SEE SHEET 9 FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES SECTION ONE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MARCH 10, 2020 1 SCALE: 1" = 40' 1 SHEET 10 OF 12 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandlegge.com 142 143 144 I 145 I IJJJ I � 146 147 I I 148 149 150 151 152 Aov� TH OF D t�, VJ�i4./�a�o4.rw9 P. Duane Brown Lic. No. 001285 mamh loot*" LAND SUR����4 DRAWN BY: PDB DWG NAME: 00174-th-secl PIN 64 A-20 REMAINDER NORTH ZONE STATE GRID FREEDOM MANOR - - SECTION TWO LOT 62 INST. STORM EASEMENT-� EX. DAVID DRIVE- D AVID lve�--- N211641 R=15-4 �— - - - - =12 1p- 12' TRAIL EASEMENT 10'x20' - - 160 ' I +'�R=20' _ - _ _ ��STORM ESM'T I 159 12.5 - 158 1419 ' 1 157 I 156 I1 - 155 I - 154 153 I 167 '--FREDERICK WATER EASEMENT c°'o 1 20, N r 12.5' 166 165 ---I OPEN SPACE I N I 164 STORM EASEMENT--� 163 ( I ' 162 I = I ~20 — 161 168 1 169 1 170 1 171 -INGRESS-EGRESS EASEMENT FREDERICK WATER EASEMENT i _ :I I I �-�' 7.5' (TYP.) ' - �185�184 182 30' _ - - - 16'- METCALF LANE (PRIVATE STREET - - STORM EASEMENT --- �---- 1{_ 9.01 I I i 3� - - - - _ \ FRED RICK Al R EAS MENT '"-INGR SS-E RI —4 181 1800 i I i 179 1 178 1 177 1 1761 I n 1175 174 1731 172 5--; �� ,r--2o' ActruE T 8' S1544'1. E 14.65 PIN 64-A-20 REMAINDER i' /I / / NdAiCTNE / I/ y / �STORMWATER MANAGEMENT EASEMENT GRAPHIC SCALE PIN 63-A-145 PRISTINE PROPERTY MANAGEMENT LLC INST. 170001431 0 30' 60' 120' 1 inch = 60 ft. FINAL PLAT OF SUBDIVISION I TH Op - FREEDOM MANOR TOWNHOUSES (ILdicI SECTION ONESHAWNEE MAGISTERIAL DISTRICTuane Brown FREDERICK COUNTY, VIRGINIA No. 001285 DATE: MARCH 10, 2020 1 SCALE: 1" = 60' 1 SHEET 11 OF 12 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandleaae.com Munch �o, 2oty Nab SUit��'�c4 DRAWN BY: PDB/HBK DWG NAME: id10174-th-secl --+-�_ 38.46' 4542• VANAD83 ' 12' TRAIL EASEMENT NORTH ZONE SATE 10'x20' FREDERICK S74'S2'24"E 44.61' ATE GRID WATER EASEMENT 129 1 =12 =i _20- - _FREDERICK WATER EASEMENT 0' 130 1 - - 7 I ' ' I 1 : 142 131 12.5 �}^ 12.5' OPEN SPACE K 132 ' I 143 PIN 64-A-18 - - --+ ( I - - OPEN SPACE J MADISON Tl, LLC 133 < 30FREDERIC K CK WATER EASEMENT INST. 130007746 �- - - I 1 i 144 � I 134-- -- 12'TI" 112 ' i 145 1 160 1 135 I i I 146- - - 159 i I 136 l i 147 158 137 20 -l:: r 1 148- 1 - - 157 138 20 lid ; 149 156 I 139 I I"-20'-150 - 155 i - r3s 140 li II 1 151 154 --� I ; INGRESS -EGRESS EASEMENT 141' STORM EASEMENT--- i I' I 152 153 -- / 7.5' (IYP.) rFREDERICK WATER EASEMENT 20 METCALF LANE (PRIVATE STREET) 30' 16_ 4' _ - PIN 63-A-124 J STORM EASEMENT EFG INVESTMENTS, LLC / / / / / / / i-� t6' D8 955 PG 724 / / / / / �`-'- I--r-�--�- / / / / / / INGRESS -EGRESS IEASEM NT 2 o / / STOR WATER MANAGEMENT EASEMENT 187 1186 1185 1184 183 182 / ! ACTIVE �STORMWATER MANAGEMENT EASEMENTS GRAPHIC SCALE 0 30' 60' 120, PIN 63-A-145 I-- _ PRISTINE PROPERTY MANAGEMENT LLC ft 1 inch = 60 . INST. 170001431 FINAL PLAT OF SUBDIVISION FREEDOM MANOR TOWNHOUSES SECTION ONE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MARCH 10, 2020 1 SCALE: 1" = 60' 1 SHEET 12 OF 12 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandlegge.com �`��,�►5'TH OF L WA xfcvti.9 P. Duane Brown Lic. No. 001285 M4'0 sul0svcf► Jd, B� DRAWN BY: PDB/HBK DWG NAME: 00174-th-secl Tax Map: 64-A-23 �3 190004229 Magisterial District,. Shawnee C ) Consideration: $0.00 Return to: Freedom Manor, LLC 420 W. Jubal Early Drive, Suite 103 Winchester, VA 22601 HIS DEED OF DEDICATION AND DECLARATION OF COVENANTS, CO DITIO S, and RESTRICTIONS is made and dated this Iq — day of r _ 2019, by and between FREEDOM MANOP, LLC_, a Virginia 110nited liability company, party of the first part, hereinafter called the "Declarant`; the COUNTY QF FREDERICK. VIRGINIA, party of the second part, hereinafter call the County; FREDERICK COUNTY SANITATION AUTHORITY d/b/a FREDERICK WATER, party of the third part, hereinafter called the Authority; MICHAEL L. BRYAN, Trustee, party of the fourth part; and CURTIS G. POWER III, Trustee, party of the fifth part. WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that certain final plat drawn by P. Duane Brown, L.S., dated November 19, 2018, entitled "FREEDOM MANOR, SECTION ONE", (the "Plat") which final plat is attached hereto and incorporated herein by reference as if set out in full, which is a portion of the property conveyed to the Declarant by that certain deed dated June 10, 2016 from Shen -Valley Land Holdings, LLC, a Virginia limited liability company, which deed is of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 160005456; and, WHEREAS, the Declarant desires to subdivide said real estate, as shown on the aforesaid attached final plat, into lots for the construction of dwelling units thereon, and the above -referenced final 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 green space, sanitary sewer and water easements, stormwater, utility, and ingress -egress easements, all of which shall constitute a portion of that development known as Freedom Manor, and which common areas shall be owned and/or maintained by Freedom Manor Homeowners Association, Inc. upon the terns and conditions set forth hereinafter; and WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Freedom Manor, Section One, and the subdivision of said real estate is with the free consent and in accordance with the desires of the undersigned Declarant which further desires to subdivide the aforesaid real estate in accordance with the provisions of Virginia law, including but not limited to the Property Owners' Association Act (Va. Code § 55-508 et seq.) as are applicable and in force and effect as of the date of execution of this Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions; and WHEREAS, the Declarant desires to establish covenants on the subdivided land to provide for the maintenance of the open spaces and other facilities, it being intended that said covenants shall run with the property and be binding on all persons or entities having or acquiring any right, title, or interest in the property or any portion thereof; and WHEREAS, the Declarant has deemed it desirable to create a property owners' Association to which shall be delegated and assigned the powers of owning, maintaining, and administering the common areas and facilities, administering and enforcing the covenants set forth herein, and collecting and disbursing the charges for assessments and other fees set forth herein; and WHEREAS, the Declarant has incorporated a nonstock corporation known as "Freedom Manor Homeowners Association, Inc." pursuant to the laws of the Commonwealth of Virginia for the purposes of exercising the powers and functions of the Association as set forth herein; and WHEREAS, the property is subject to the lien of a Deed of Trust dated June 16, 2018, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 160005457, and Michael L. Bryan, Trustee under the aforesaid Deed of Trust, joins in this instrument to evidence his consent thereto; and WHEREAS, the property is subject to the lien of a Deed of Trust dated June 27, 2018, of record among the land records of the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 180006622, and Curtis G. Power, III, Trustee under the aforesaid Deed of Trust, joins in this instrument to evidence his consent thereto; NOW, THEREFORE, THIS DEED OF DEDICATION AND DECLARATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Deed, the Declarant does hereby subdivide that portion of the property depicted on the attached Plat containing 3.9142 acres into lots and parcels to be known as Lots 33 through 35, inclusive, Lots 78 through 82 inclusive, as well as public street right of way, Section One, Freedom Manor in accordance with the Plat attached hereto and incorporated herein by reference as if set out in full. 2 1 V CD W The Declarant does hereby dedicate unto the County, as public streets for public use, those certain roadways, containing 2.1370 acres in Section One, Freedom Manor as depicted on the Plat attached hereto and incorporated herein by reference as if set out in full. The real estate herein divided shall further be subject to the access easements/rights-of-way, stormwater management easements, and sanitary sewer easements shown on the attached and incorporated plat, and each such easement shown thereon shall hereby be incorporated into the text of this Deed of Dedication and Declaration as if specifically set forth in full. Declarant agrees that the agreements and covenants stated in this Deed of Dedication and Declaration are not covenants personal to Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Freedom Manor Homeowners Association, Inc., a nonstock Virginia Corporation, its successors and assigns. Section 2. "Common Area" shall mean and refer to all real property (including improvements thereto) owned by the Association for the common use and enjoyment of the Members, including any private streets shown on the subdivision plats, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Lot" shall mean and refer to any of the lots designated upon the final plats of Freedom Manor, with the exception of the Common Area and streets dedicated to public use. c-� N ,p- Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association as set forth herein. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Association, including contract sellers, but excluding those having such interest merely 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 be construed to refer to such owners collectively, so that there shall be only one (1) Owner of each Lot. Section 6. "Declarant" shall mean and refer to Freedom Manor, LLC, a Virginia limited liability company, its successors and assigns. Section 7. "Act" shall mean the Property Owners' Association Act (Va. Code § 55-508 et seq.), or any successor statute(s) thereto, as amended from time to time. Section 8. "Property" shall mean and refer to that certain real property described as Freedom Manor, Section One, as platted and recorded by the plat recorded herewith, and such additions thereto which may from time to time brought within the jurisdiction of the Association, which property shall be identified as part of Frederick County Tax Map Nos. 64-A-23, 64-A-19, and 64-A- 20. ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot in Freedom Manor, which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per Lot. 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. c-� N Q Ul ARTICLE III VOTING RIGHTS Sectign 1. Voting Rights. Each Member of the Association shall have one vote for each Lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast in respect to any Lot. Upon creation of additional Lots by the Declarant, the Owners of said Lots shall become Members of the Association according to the same terms established herein. Section 2. Board of Directors. The affairs of the Association shall be managed by a board of not less than three (3), but no more than nine (9) directors, who must be Members of the Association. The initial Board of Directors shall be appointed by the Declarant and serve until the first annual meeting following conveyance of the first Lot in Freedom Manor, to a grantee other than the Declarant; thereafter, the Board of Directors shall be elected by the membership as determined in the Bylaws of the Association. ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment. 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 assessed 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 pursuant to the Act governing use of the Common Area, including, without limitation, the right to impose fines for violations thereof; (c) The right of the Association pursuant to the Act to suspend a Member's voting rights, rights to run for office within the Association, and/or rights to use of any recreational facilities c-� O M offered by the Association, to the extent that access and the provision of utilities to such Member's Lot 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 the Association's published rules and regulations; (d) 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; (e) The right of the Association, in accordance with its Articles of Incorporation and Bylaws, to borrow money and/or mortgage the Common Area for the purpose of improving the aforesaid Common Area; provided, however, that no such mortgage of the Common Area shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been filed with the Association agreeing to such mortgage, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance; and (f) The right of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members; provided, however, that no such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use. Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area to the members of his family, his tenants, or contract purchasers who reside on such Member's Lot, However, by accepting a deed to such Lot, whether or not so expressed in the deed, every Owner of a Lot covenants that, if such Owner leases his Lot, the rental agreement for the same shall specifically require the c-� N n _..J tenant(s) to abide by all applicable Association covenants and duly adopted rules and regulations. Section 3. Title to the Common Area. The Declarant, or such other entity as is vested with title at the time of conveyance, hereby covenants that fee simple title to the Common Area will be conveyed to the Association free and clear of all liens and encumbrances prior to the conveyance of the first Lot in Freedom Manor to a grantee other than the Declarant. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments. The Declarant, for each Lot owned, hereby covenants, 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 conveyance, is deemed to covenant and agrees to pay the Association (a) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected for time to time as hereinafter provided. The annual assessments and special assessments, together with interest thereon and costs of collection and attorney's fees, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs, and attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time of the assessment was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said Lot as set forth hereinabove. The annual and special assessments, when assessed for each year, shall become a lien on the Lot for the entire amount of such assessment, but shall be payable as determined by the Board of Directors collected on a monthly, quarterly, semi-annual, or annual basis. The Common Area shall be exempt from all assessment requirements set forth in this Article. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used to promote the recreation, health, safety, and welfare of the residents and Owners of Freedom Manor; for the improvement, repair, and maintenance of the Common Area, including any access easements/rights- of-way, stormwater management easements, and sanitary sewer easements shown on the attached and incorporated plat; for the payment of taxes; for the N CQ co construction of improvements on the Common Area; for the maintenance of services related to these purposes or related to the use and enjoyment of the Common Area; and for such other purposes as the Board of Directors may deem appropriate. Services provided as part of annual assessments shall include, but not be limited to, maintenance of common open space, including recreation equipment, and trash removal for single family dwellings and townhomes as well as private street maintenance and grass mowing of unfenced yards for townhomes. Section 3. Establishment of Annual Assessments. The Association must levy in each of its fiscal years an annual assessment against each Lot which has been conveyed by the Declarant. The amount of such annual assessment shall be established by the Board of Directors and written notice shall be sent to every Owner at such Owner's address of record with the Association at least thirty (30) days in advance of the commencement of each fiscal year. The first annual assessment shall be adjusted according to the number of months remaining in the fiscal year. The annual assessment shall become applicable to all Lots within a Section of Freedom Manor (as such Section is shown on a recorded subdivision plat) on the first day of the month following the first conveyance of a Lot within that Section to an Owner who is not the Declarant. The amount of the annual assessment shall be determined by the Board of Directors according to its estimate of the cost of providing services. Section 4. Basis of Annual Assessment. The Board of Directors shall have the authority to set the annual assessment for each Lot. The annual assessment for the first fiscal year shall be $480.00 per single family dwelling and $960.00 per townhome. Said Annual Assessment may be increased by the Board of Directors thereafter in accordance with the needs of the Association; provided, however, that any increase of more than ten percent (10%) from the year preceding requires the assent of fifty percent (50%) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Special Assessments for Capital Improvements. 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 or rV C:? %_0 reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto; provided, however, that any such assessment shall require the assent of fifty percent (50%) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting, setting forth the purposes of the meeting. Section 6. Quorum for any Action Authorized Under Sections 4 and S. At the first meeting called, as provided in Sections 4 and 5 hereof, the presence at the meeting of members or of proxies entitled to cast sixty percent (60%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 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. Remedies of the Association in the Event of Default. If any assessment imposed pursuant to this Declaration or the Act is not paid within thirty (30) days from the due date thereof, such assessment shall bear interest at the rate of twelve percent (12%) per annum until paid in full. In addition, in its discretion, the Association may do any or all of the following: (a) Impose a late charge as previously established by rule; (b) Accelerate the due date of the unpaid assessment (if permitted to be paid in installments) so that the entire balance shall become due and payable immediately; (c) Demand payment of the assessment, plus all associated costs of collection, including attorney's fees, from the Owner; (d) Record a Memorandum of Lien against the Lot in accordance with the Act; (e) Bring an action at law against the Owner personally obligated to pay the assessment, and interest, costs, and attorney's fees shall be added to the amount of such assessment, whether or not a judgment is obtained; and 9 -IV fV L (f) Suspend a Member's voting rights, rights to run for office within the Association, and/or rights to use of any recreational facilities offered by the Association, to the extent that access and the provision of utilities to such Member's Lot is not precluded. No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Area or abandonment of his Lot. Furthermore, no Owner may claim any right of offset against the assessments provided herein on account of a claim against the Association and/or the Board of Directors for failing to perform their respective duties. Section 8. Subordination -of the Lien to Mortgages. The lien of the assessments provided herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot that is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof, which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Exempt Prop U. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) Any property owned by the Association; (b) All properties dedicated to and accepted by a local public authority; and (c) Any and all lots owned by Declarant, its successors or assigns for which a final Certificate of Occupancy has not been issued by the appropriate local authority. Section 10. Working Capital Assessment. The Association shall determine and fix an amount for the Working Capital Assessment. The initial Working Capital Assessment shall be $200.00 per Lot. The Board of Directors shall have the authority to establish a different amount for the Working Capital Assessment in its sole discretion from time to time. Payment of the initial Working Capital Assessment shall be due at settlement for any Lot with a completed dwelling. 10 ARTICLE VI RESTRICTIVE COVENANTS t. All Lots shall be used for single-family residential and accessory purposes only. The Declarant reserves the right for itself, pursuant to a recorded subdivision or re -subdivision plat, to alter, amend, and/or change any Lot line or subdivision plan or plat. No building shall be erected, altered, placed, or permitted to remain on any Lot other than one dwelling unit and other approved appurtenant structures for use by the occupant(s) of the dwelling unit. No structure or addition to a structure shall be erected, placed, altered, or externally improved on any Lot until the plans and specifications for the same shall be approved in writing by the Board of Directors or its duly appointed Architectural Review Committee. 2. No profession or home occupation shall be conducted in or on any part of a lot, except for those which receive no customers on the lot; provided, however, that Declarant, its successors and assigns reserve the right to use one or more of said Lots or a portion of the Common Area for business purposes in connection with the development, sales and operation of the subdivision. 3. No signs or advertising of any nature shall be erected or maintained on any lot except "For Sale" signs for said lot which signs shall not exceed five (5) square feet in area, or signs used by the Declarant, its successors and assigns to advertise the property during construction and sale, which shall be permitted on Lots or within open space until sales of all new homes in the subdivision are complete. No "For Rent" signs shall be allowed on any lot. 4. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks, or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any Lot or on any street, public or private, within the Property, except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. I S. No motorized vehicles of any kind shall be permitted upon any areas within said subdivision except for the streets and parking areas constructed by Declarant. No right of vehicular access shall exist across any Lot in said subdivision except for those areas upon which streets or parking areas have been constructed by Declarant. 6. No animals of any kind (including livestock and poultry) shall be permitted on any Lot; provided, however, that dogs, cats and other usual household pets may be kept so long as they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers; provided, further that no dogs shall be permitted to run at large without restraint in said subdivision. No dog may be tied and left unattended outdoors. 7. There shall be no fencing or hedges in front of the front plane of any dwelling. All fencing to the side and rear any dwelling unit shall be attached to the individual unit. Pressure treated wood fencing and chain link fencing is prohibited. Fencing shall be privacy or picket style constructed of white composite/vinyl or picket style constructed of black metal. Fencing shall not exceed six (6) feet in height. No fence shall be constructed on any Lot until the plans and specifications for the same shall be approved in writing by the Board of Directors or its duly appointed Architectural Review Committee. No fencing shall be constructed within easement areas. 8. No fence, wall, tree, hedge, or shrub shall be maintained in such a manner as to obstruct sight lines for vehicular traffic. 9. Decks may be constructed of pressure treated wood or composite/vinyl. No deck shall be constructed on any Lot until the plans and specifications for the same shall be approved in writing by the Board of Directors or its duly appointed Architectural Review Committee. 10. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 11. In the event that a dwelling is destroyed, the owner of the dwelling within thirty (30) days from said destruction shall clear away the portion of the dwelling unit and maintain the Lot in a neat and orderly condition. No structure other than a dwelling unit of at least the same dimensions and 12 M architecture as the unit destroyed shall be constructed in the place of the original unit. 12. Each Owner shall keep all Lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any Lot shall fail to maintain the premises and the improvements situated thereon as provided herein, the Association, after notice to the Owner and approval by a two-thirds (2/3) vote of the Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair, maintain and restore the lot and the exterior of the building erected thereon. All costs related to such correction, repair or restoration shall become a special assessment upon such Lot due thirty (30) days after notice to the Owner. 13. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All equipment for storage or disposal of such material shall be kept in a clean and sanitary condition in the rear of the home or within the garage. No refuse or any container for same shall be placed or stored in front of any dwelling, except on the date of garbage pickup. 14. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical and telephone wires. 15. No baby carriages, bicycles or other articles of personal property shall be deposited, allowed or permitted to remain outside of any dwelling unit except in the enclosed rear area. The Association shall specifically have authority to impound all such articles to remain outside in violation of this provision and to make a charge for the safekeeping and return thereof. 16. No exterior clothesline or hanging device shall be allowed upon any Lot. 13 FM 17. The color of the paint on the exterior of every building on each Lot shall be the same as the original color unless approved in writing by the Board of Directors or its duly appointed Architectural Review Committee. 18. If in the construction of any dwelling by Declarant there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant Lot. 19. No Lot shall be further subdivided or separated into smaller lots by any Owner. No portion less than all of a Lot, nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. 20. To the extent not inconsistent with federal law, exterior television and other antennae, including satellite dishes, are prohibited unless approved in writing by the Board of Directors or its duly appointed Architectural Review Committee. Any satellite dish that is three feet (31 in diameter or smaller shall be exempt from this restriction. 21. Permanent above ground pools shall be prohibited. 22. The Board of Directors shall have the right to establish and maintain rules and regulations governing the use of the Lots consistent with this Declaration and the other governing documents of the Association. Violation of any of the covenants contained in this Declaration and/or any of the rules and regulations of the Association shall entitle the Association to all relief provided for in the Act, including but not limited to the ability to sue for injunctive relief and/or money damages, and the ability to recover all costs of enforcement, including but not limited to attorney's fees. The Board of Directors may establish an Architectural Review Committee by duly authorized resolution, to include the appointment of initial members of said Committee, and may further delegate to said Committee certain approval and enforcement tasks as the Board of Directors deems fit in its sole discretion. The Declarant reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, and restrictions as to the sale or transfer of any future Lot or Lots. This waiver shall not affect the binding effect of the covenants, restrictions, and conditions upon 14 .T, N c,n any other Lots. The Declarant further reserves the right for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions as to the sale and transfer of any future lot or lots and such imposition shall not affect the binding effect of these provisions upon any other lots. ARTICLE VII EASEMENTS Section 1. The Property is subject to those certain easements or rights of way so designated as access easements/rights-of-way, stormwater management easements, and sanitary sewer easements, as shown on the attached and incorporated "Final Plat of Subdivision — Freedom Manor — Section One", and each such easement shown thereon, as well as each such easement shown on a future Supplemental Deed of Dedication for additional Lots on the Property, shall hereby be incorporated into the text of this Deed of Dedication and Declaration as if specifically set forth in full. Section 2. The Declarant grants to, and the Association reserves for, the Association, a blanket easement for the Association's directors, officers, agents, and employees, and for all police, fire, emergency personnel and all similar persons, to enter on the Property in the performance of the functions provided for by this Declaration and the Association's Articles of Incorporation, Bylaws, and Rules and Regulations, and in the performance of governmental functions. In non -emergency situations, the rights accompanying the easements described in this Section shall only be exercised during daylight hours and with advance notice given to any Owner directly affected. Section 3. Each Lot within the Property is declared to have an easement, not exceeding one (1) foot in width, over all adjoining Lots and Common Area for the purpose of accommodating any encroachment due to engineering errors, settlement or shifting of a building, rainwater drainage, roof overhangs, gutters, or any other similar matter. Section 4. Reservations. (a) The Declarant reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other 15 N M facilities, sewer, gas, water and television lines and related equipment, stormwater/drainage management facilities, and other utility equipment within the easements set forth on the attached and incorporated "Final Plat of Subdivision — Freedom Manor — Section One" as well any final subdivision plats attached to a future Supplemental Deed of Dedication for additional Lots on the Property. (b) The Declarant further reserves unto itself, its successors or assigns, for a period of five (S) years from the date of conveyance of the first lot in Freedom Manor, a blanket easement and right on, over and under the ground within said subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes, or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the Declarant shall restore the affected property to its original condition as near as practical. The Declarant shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the Declarant an emergency exists which precludes such notice. Reservation by Declarant of such blanket easement and rights contained herein shall not, in any way, obligate Declarant to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon Declarant therefor. (c) The Declarant reserves unto itself, its successors or assigns, the right to grant and reserve easements or to vacate or terminate easements across all Lots and the Common Area as may be required by any governmental agency, authority, or utility in connection with the release of improvement bonds or the acceptance of public streets for state maintenance with respect to the Property. Section S. Frederick Water Easement. The Declarant reserves unto the Authority, its successors and assigns an easement and right of way (the "Easement') for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, 16 N ,i valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities'o, for the transmission and distribution of water and the collection of sanitary sewer and its transmission through, upon and across the portion(s) of the Property shown as water, sewer, and sanitation easements on the attached and incorporated Final Plat (the "Easement Area'J, subject to the following conditions: (a) All Facilities which are installed in the Easement Area shall be and remain the property of the Authority, its successors and assigns. (b)The Authority and its agents shall have full and free use of the Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the Easement, including the right of access to and from the Easement Area, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land. (c) The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Easement Area, including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that the Authority, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining the Easement Area which are disturbed in any manner by the construction, operation and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (iii) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, 17 c-� C73 rV C:7 structures, and other obstructions located outside the Easement Area, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Easement Area. (d) The Declarant, its successors and assigns, reserves the right to construct and maintain roadways over the Easement Area and to make any use of the Easement Area which may not be inconsistent with the Easement rights herein conveyed, or interfere with the use of the Easement by the Authority for the purposes named; provided, however, that the Declarant, its successors and assigns, shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Easement Area without obtaining the prior written approval of the Authority. In the event a use of the Easement Area by the Declarant, its successors and assigns, is approved by the Authority, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by the Declarant, its successors and assigns. The Declarant, its successors and assigns, agrees that no vegetation other than (i) grass, (ii) shrubbery, and (iii) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at the Declarant's risk and the Authority shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate the Declarant, its successors and assigns, for such vegetation in the event such vegetation is damaged or destroyed during the exercise of the Authority's rights under this Easement. (e) At such time as any portion of the land within the Easement Area is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the Authority by this instrument in such portion of land shall cease and terminate, provided that the Commonwealth of Virginia or any 18 appropriate agency thereof concurrently grants to the Authority all necessary permits for the continued operation, maintenance, inspection, repair and replacement of its facilities in said location. (f) The Declarant, its successors and assigns, covenants that it is seized of and has the right to convey said Easement, rights and privileges, that the Authority shall have quiet and peaceable possession, use and enjoyment of the Easement, rights and privileges, and that the Declarant, its successors and assigns, shall execute such further assurances thereof as may be required. (g) In the event the Authority notifies the Declarant, or their successors or assigns, of a violation of the terms of this Easement and the Declarant, its successors and assigns, does not cure such violation within thirty (30) days of such notice, the Authority may take such action as necessary to cure such violation, including ingress and egress over any portion of the Property deemed necessary by the Authority to access the Easement Area or to enforce the Authority's rights hereunder. All costs and expenses incurred by the Authority in exercising or enforcing its rights hereunder shall be paid or, at the Authority's election, reimbursed, by the Declarant, its successors and assigns, within thirty (30) days from the date the Declarant, its successors and assigns, receives a bill or invoice from the Authority for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. The Authority shall have the right to enforce the terms of this Easement by any remedy available at law or in equity. (h) If the Authority is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of this Easement, the Authority shall be awarded its costs and expenses, including reasonable attorney fees. 19 N N) C) (i) The Declarant, its successors and assigns, agrees that the agreements and covenants stated in this Section are not covenants personal to the Declarant but are covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. Section 6. Storm Drainage Easements. The Declarant reserves unto the County, its successors and assigns, several variable width storm sewer easements and a twenty foot (201 storm sewer easement, identified on the Plat as "Storm Sewer Easement" and "20' Storm Sewer Easement" which shall run with the land and be perpetual easements for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of stormwater and its transmission through and across said Property of Declarant, said easements being more particularly bounded and described on the Plat. The foregoing easements are subject to the following conditions where applicable. (a) All storm sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the County, its successors and assigns. (b) The County and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the easements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land. (c) The County shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easements being conveyed, deemed by it to 20 y N N interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the County, at its own expense, shall restore, as nearly as possible, the premises to their original condition. Such restoration shall include the backfilling of trenches, the replacement of structures and other facilities located outside the easements, but shall not include the replacement of structures, trees and shrubs, or other facilities located within the easements. (d)The County shall have the right to demolish all paving,, curbing, and/or guttering in the easements being conveyed, deemed by it to interfere with the proper and efficient construction, installation, operation, and maintenance of said stormwater drainage lines and appurtenant facilities; provided, however, that the County, at its own expense, shall restore all non - interfering paving, curbing, and/or guttering which are disturbed in any manner by the construction, operation, and maintenance of said stormwater drainage lines and appurtenant facilities. (e) Declarant reserves the right to construct and maintain roadways over said easements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the County for the purposes named; provided however, that Declarant shall not erect any building or other .structure, excepting a fence, on the easements without obtaining prior written approval of the County. (f) Declarant covenants that it is seized of and has the right to convey said storm sewer easements, right and privileges, that the County shall have quiet and peaceable possession, use and enjoyment of the storm drainage easements, right and privileges, and that Declarant shall execute such further assurances thereof as may be required. (g) Declarant agrees that the agreements and covenants stated in this Deed are not covenants personal to Declarant but are 21 covenants running with the land which are and shall be binding upon the Declarant, its heirs, personal representatives, successors and assigns. (h)The individual lot owners shall be responsible for maintenance of storm drainage easements conveyed herein in accordance with the terms and conditions of this Declaration. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement. The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Amendment. The covenants and restrictions of this Declaration shall run with the land 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, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended by a properly executed and recorded instrument signed by not less than seventy-five percent (75%) of the Lot owners (excluding the Declarant). Notwithstanding the foregoing, the Declarant reserves unto itself, and each Owner by acceptance of a deed or other conveyance of a Lot agrees, the right to unilaterally amend this Declaration or any other corporate document related to the Association for the earlier of (i) ten (10) years rom the date of recordation of this Declaration; or (ii) until the Declarant has conveyed all 22 Lots in the Property, including any future Lots subjected to this Declaration, to third parties (other than third party entities controlled by the Declarant or any person or persons who hold a controlling interest in the Declarant). Section 3. Severability. The invalidation of any one of the covenants or restrictions contained herein by judgment or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Declarant herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. Section 4. 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 additional areas, and so may add to its membership under the "Membership" article hereof; provided, however, that any such annexation shall require the written consent of more than fifty percent (50%) of the Owners. Notwithstanding the foregoing, within seven (7) years after the recording of this Declaration, no such consent shall be required for the annexation by the Declarant of any portion of real property adjacent to or contiguous to the Property, or separated from it only by a public street. Section 5. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event such dedication is refused acceptance, such assets shall be granted, conveyed or assigned to any non-profit organization, for similar purposes. WITNESS the following signatures and seals: Signatures appear on the following pages 23 FREEDOM MANOR, LLC, Declarant By: DavidjVHol ONWEALTH OF VIRGINIA CITY OUNTY OF��b1 e ln� , to -wit: Acknowledged before me this day of 2019, by David B. Holliday, Manager of Freedom Manor, LLC, on behalf of said company. My commission expires: I Z- r Z I, Notary '�_ �'L 0_'-��� Nancy TWwn SinbK'k NpTAR1c.PN�LK p--MWWM N % of VMS W 07MI46 FREDERICK COUNTY SANITATION AUTHORITY d/b/a Fod0r (printed name and title) COMM NWEALTH,OVIR INIA ITY COU OF �'Y� to -wit: A kno le $ged Orin e this day ofA00 ��, 2019, by 1_� t on behalf of Frederick County Sanitation Authority d/b/a Frederick Water. My commission expires: Tasheina Ldvonne Long NOTARY PUBLIC Co OMMveaith of W vft fto. * 7 7, M�► CO�ts1Ns110n ',�� Michael L. Brvan, Trustee COMMONWEALTH QF VIRGINIA, CITY/QAdNTY OF r to -wit: Acknowledged before me this day of 1.,40 2019, by Michael L. Bryan, Trustee. IV My commission expires: 90 A ;L J Notary Public SHARON M. BUTLER NOTARY PUBLIC Commonwealth of Virginia Registration No. 2fj831 My Commission Expires &I�`' ----� /i/ Curds G. Pov er, 111, Trustee COMMONWEALTH O�F�jVI GINIA ���OUNTY OF 1�i to -wit: Acknowledged before me this day of , 2019, by Curds G. Power, III, Trustee. My commission expires: Notary Mangt TQron 9nbm* N0%.�l1BLIC (',i01Nn1NNI1 of WHOM M!r �M���nes 1�il1j�� An a � v 1 V � N v CYD � uu y twood wa ind8 one Dr. NC/NITY MAP SCALE.- I' = 2000' SUM114.511111110N ADM/N/ 7RA71 DAE /2z/zo�q FREDER/CK WATER DATE Z11-27/1 WG/N/A DEPARTMENIOF 7RAN5PORTA77ON DATE owwgrs Q7pm7rA1F TH£ ABOIT AND FOREGOING SUBDIVISION OF THE LAND OF FREEDOM MANOR, LLC [PIN 64-A-2JI AS APPEARS IN THE ACCOMPANYING PLATS, IS W17H THE FR££ CONSENT AND IN ACC6IRDANCE WITH THE D£S/R£S OF THE UND£RSIOV£D OWNERS, PROPRIFIOPS AND TRUSTEES, IF ANY. --Zi� 0', A --------- ON BEHALF OF ^ MAN L C� �7AIE MDTAff 81" STATE OF KRGINIA, AT LARGE COUNTY OF fREDERICK THE FOR�. NG /NS UMENT WAS ACKNOWL£OGEO BEFORE M£ 7HlS DAY OF 1� 20``�BY y1f�_ I + fL ON BEHALF OF FREEDOM MAN LL(,. Nancy ilupr• Nancy Tn8w1 SWd)m* NOTARY PUBLi, NOTARY PIIKIC OTARY PUBLIC Comnwnw as" of Virgin, CcmnwnwM1th of WfON 41 *M2148 +� MY COMM/SS/ON EXP/RES My 9100080m bpku 12/31/ftFanm 1 1/2022 SU44£M!9 Ci]PlMIE / HEREBY CER77fY 7HAT THE PROPERTY CONTAINED /N THIS SIIB0114SION IS A POR77ON OF THE PROPERI7ES COWL f �0 TO FREEDOM MANOR, t I C BY DEED DA7ED JUNE 10 2016, SAID DEED RECORDED /N THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF fREDERICK COUNTY, WRGIN/A AS IN57RUMENT 160005456, FINAL PLA T OF SUBDI KSION LTH OF `t,Q FREEDOM MANOR �. SECTION ONE SHA WEE MAGISTERIAL DISTRICT P. Duane Brown FREDERICK COUNTY, 14RG/N/A Lic. No. 001285 Nov. /9, tip l8 t-ND sURvg-toy DATE.' VOEMBER 19, 2018 COVER SHEET SHEET 1 OF 10 Marsh & Legge Land Surveyors, P.L.C. — DRAWN BY HBK 560 NORTH LOUDOUN STREET WMCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL otfice®morshondlegge.com OWE NAME id10174-sub-sect CURGE TABLE algic R S ARC /N A TWEN Cf 31301I 4.91 4.91 N 0163819 W 00i55 2.45 C2 25.00 3389 31.35 S 467526E 77402f 20.f3 al 2550 39.96 35B4 S 495646 W 91;1516 2570 C4 363.09 73.28 7315 S 09C16OT W 11 J359 36.76 C5 175.x 12.8. 12.82 N 473710 W 047159 6.42 016 25.00 35.75 32.78 2171 C7 51849 25.71 2571 12.86 8 0 .27 2.19 JI22 C9 00 329.93 316.99 179.45 CIO 3300 11.64 11.64 n55�4�1 "82 582Cfl 2500 3s04 3300 296C12 6f37 6130 3076C13 3300 61.46 6138 3D 80 C74 36300 55.78 55..72 N 197714 £ i 09'4815 27.94 C15 31300 94.66 94.30 - S 02-VRT W 177943 47.70 C16 31300 86.85 8657 S 18452Q W 155355 4371 C17 31300 86.85 86.57 S J43915 W 153J55 4!71 C18 31300 18.20 f8.20 S 447609 W 037953 9.10 C19 100.00 19.93 79.89 S 5i 39:x W 112501 1Q 00 C20 351.25 7.81 731 S 57:5921 W 417629 391 C21 351.25 19.44 19.44 S 6072 44 W I 037018 9.72 AREA SUMMARY LINE TABLE L/ A N S Ll N 0T7516 W 26(57 L2 S 85V537 E 14.90 L3 N 072516 W 2Lt57 L4 S 62VI W W 17.36 L5 S 63214 W 28.57 76 S 884621 W 9.88 L7 N 23:T358 W 11.82 LB S 654959 £ 1 25..31 AREA IN LOTS 33 10,453 SO. FT. 34 8,921 SO. FT, 35 8,090 SO. FT. 78 10,720 SO. FT. 79 10,020 SO. FT. 80 10,000 SQ. FT. 81 9,829 SQ. FT. 82 9,382 SQ. FT. 77,415 SO. FT. 1.7772 AC. AREA IN LOTS 8 LOTS NUMBER OF LOTS 9,677 SO. FT. AVERAGE LOT SIZE 8,090 SO. FT. MINIMUM LOT SIZE 2,1370 AC. AREA IN R/W 3.9142 AC. TOTAL AREA SUBDIVIDED PIN 64-A-23 REMAINDER 22.9592 AC. NOTES 1 /ROV RODS ARE TO 8E SET AT ALL CORNERS NOT PREVIOUS[ Y MOVUMENT£D 2 EXISTING ?6WINO: RP (RES/OEN7IAL PERFORMANCE) J. LWSAW USE:• VACANT 4. BRL DENOTES BU/LOING RESTRICTION LINE. FINAL PLAT OF SUBDIVISION FREEDOM MANOR SECTION ONE SHAWNEE MAGISTER/AL DISTRICT FREOERICK COUNTY, 19RGINIA DATE.' NOVEMBER 19, 2018 1 1 SHEET 2 OF 10 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office@marshandlegge.com ;TH OF P. Duane Brown lAc. No. 001285 m,.40/8 �4'D SURNY'"�O¢ DRAWN BY. HBK D#V NAME- 00174-sub-sect 4 9 7 L 4,1 C,J O O LOT 35 I gV/40 P/N 64 A 2J LOT 34 / LOT 78 I LOT 79 LOT ii I LOT 80 ' LOT 81 SHEET INDEX I LOTS SHEET ,Tii-35 7 ry � w `sT9 y� HW 64—A —2J AWANM / i In O ? DAVID DRIVE �kIV, VARIABLE WIDTH R/W o�-E s 847131' w N a 31vr52' w- --- - 59999, -- -- 52a3r' VA. SEC ROUTE 644 N PAPERMILL ROAD VARIABLE WIDTH RIGHT—OF—WAY GRAPHIC SCALE 40' O 20' 40' 80' 1 inch = 40 ft. FINAL PLA T OF SU8DI KS/ON FREEDOM MANOR SECTION ONE SHA MEE MAG/STERIAL DISTRICT FREDERICK COUNTY, WRGINIA DATE.' NOWWR 19, 2018 1 SCALE I- = 40' 1 SHEET 4 OF 10 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandleaae.com OP P. Duane Brown lAc. No. 001285 Nor I9,PAIS DRAW 8Y H8K ONG NAME 00174—sub—sect -�s Co SEE SHEET 9 1 4-1 — — 17 Q90 1 v, WE PNV 64--A-13 1 /PEI/ AW AW 6f—A-23 IPP \ c� 5 gh- DAVID DRIVE VARIABLE WIDTH RlW W W st N �— W W S N N W W N --- -- -- N?873'19'W -- 59�99'-- -- --• VA. SEC. ROUTE 644 N PAPERMILL ROAD VARIABLE WIDTH RIGHT-OF-WAY SEE SHEET 2 FCF LINE TABLE FINAL PLA T OF SUBDII45ION FREEDOM MANOR SECTION ONE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 40' 0 20' 40' 80, 1 inch = 40 ft. OATS• NOWWR 19, 2018 1 SCALE.' 1" = 40' 1 SHEET 5 OF 10 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0466 — FAX (540) 667-0469 EMAIL office0marshandleaae.com OF P. Duane Brown Lic. No. 001285 Nro,�r. /9, 2018 'rs ° svltll'; DRAWN BY HBK 0#V NAME.' W0174-sub-sect N W _P41 l�'1'9p8� �O AIv 64—A-23 RBMAM 0 E W � �_,,,--j3z09 DAVID DRIVE FN61741WEVARIABLE WIDTH R 6174'4B' E NV 16,54'-- N 282"9' W 599.99' VA. SEC ROUTE 644 N PAPERMIU ROAD VARIABLE WDTH RIGHT-OF-WAY GRAPHIC SCALE 40' 0 20' 40' 80' 1 inch = 40 ft. FINAL PLAT OF SUBDIWSION FREEDOM MANOR SEC77ON ONE SHAWNEE MAGISTERIAL 015TR/CT FREOERICK COUNTY, 14RGINIA DATE.' NOVEMBER 19, 2018 I SCALE.' 1" = 40' 1 SHEET 6 OF 10 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET ^- WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®morshandlegge.com of v P. Duane Brown Lic. No. 001285 NQ�o yv. /9, Zo/B � 4*j) SURN��04 DRAWN BY HBK DWG NAME.' &10174-sub-sect AW 64—A-23 lFfyAplgpP N C�°AiVY fLEC yRG/N/A 04 s gL LOT 358, 090 f 0.185 Sq. Feet ���/1 ( / , � 'ram 0.1857 Acres � , �, all gel / yc� //�� 01 y Q \ r \11,// LOT N 8921 Sq. Feet 0.2048 Acres O9 tia `` � LOT 79 �\ C LOT M _ \ 10, 45J Sq. Feet o\ Q \ 0.2400 Acres dam\LLI ,,, LOT 80 \ 39,10 w a SA7RM Z;flle \ 76'0PAV 64-A 2.i EASEMENT / ' 1 AU g RfMAaL'IE1P .31 I�V!; 74 LOT 81 o, SEE SHEET 2 FOR LINE AND �j! 36 CURVE TABLES GRAPHIC SCALE SEE SHEET 9 40' O 20' 40" 80" 1 inch - 40 ft. FINAL PLAT OF SUSDIIVISION FREEDOM MANOR SECTION ONE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE• NOWWR 19, 2018 I SCALE 1' = 40' I SHEET 7 OF 10 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUOOUN STREET - ONCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®morshondlegge.com so\� LOT M DETAIL SCALE 1=30 TH OF t1� P. Duane Brown Lic. No. 001285 Nov:1q, 2ora 4* SURNg";cam DRAWN 8Y H8K DWG NAME- i6`10174-sub-sect /aat PhV 64A 2J Ili /AAM7R c-� �44N lq (-n '/ Cp�91MpD t£C7R/C�N/A Ppl�t'R 049,2TT PC ?BS4S£Al£NT oe LOT 35 20' STORM SEWR /1O1T0' / ! EASEMENT HEREBY CREATED Xi X. LOT 78 / �. \ • �Q LOT 34 10,720 Sq. Feet / ��i \ 0.2461 Acres / A / /LOT n i ` \ 10,020 Sq. Feet y / / 0.2300 Acres X90 / \ \ LOT 80 \ \ Vld72/ 10,000 Sq. Feet 0.2296 Acres 12' TRAIL EASTi /ENT LOT 81 HEREBY CREATED ,\ SEE SHEET 9 GRAPHIC SCALE SEE SHEET 2 FOR LINE AND CURVE TABLES FINAL PLAT OF SUM WSION FREEDOM MANOR SECTION ONE SHAWNEE MAGISTERIAL 0157RICT FREDERICK COUNTY, 19RGINIA 40' 0 2o' 40' 80' 1 inch = 40 & DATE.• NOVEMBER 19, 2018 1 SCALE 1" = 40' I SHEET 8 OF 10 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®morehondleme.com TH OF P. Duane Brown Lie. No. 001285 Nov. I9, go/>s SURV'���4 ORAWV BY- HBK DWO NAME.' id10174—sub—sect 114- SEE SHEET 8 ` SEE SHEET 7 1qp�� 10179 12' TRAIL EASEMENT �\ �� g LOT JJ / HEREBY cwAIED G LOT 80 1 r S39q'31� � 119 LOT 81 a \ 9,829 Sq. Feet ` < r �a 0.2256 Acres ` � Q, P#V 8�A M � l a 1 _ ` MIgOP 8' BRL R� W --��--- - m _L _ 8 BRi h I LOT 82 11 ' 9,J82 Sq. Feet 0.2154 Acres �-- — 8' BRl N 2. Mr5,8 w jjL7,tS' �€ N.34:YJV9 W- 1 6.86' A=J 42' LOT 81 I al �1 31 LOT 82 N I �I �I I� 28J' L7 DETAIL 4 SCALE.• 1 =JO L7 STOW SENR EASEMENT 1 U% H£RMY CREATEDr (SEE DETAIL) N� DAVID DRIVE r SEE SHEET 5 FINAL PLA T OF SUBDI KSION FREEDOM MANOR SEC77ON ONE SHAIMVEE MAGISTERIAL DISTRICT FREDERICK COUNTY, 19RG/NIA SEE SHEET 2 FOR LINE AND CURIE" TABLES GRAPHIC SCALE 40' 0 20' 40' 80' I inch = 40 ft. DATE.' NOIEMBER 19, 2018 1 SCALE 1 " = 40' 1 SHEET 9 OF 10 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER. VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshondieaae.com TH OF P. Duane Brown Lic. No. 001285 Zo/8 SU'RVI DRAWN 8Y H81( 00U NAME., &10174-sub-secl rQ y�P GA, ti PIN 640-A-27'X?J W INS T150004272 9 1/D \ y !P/N 64D-A-30 / 9y P/N 540-A-28 / ANN S CROSS / ROXANNE LOUSE MADIGAN / /NST. 12MM185 IRU57EE £X. �ZO" SfNfR INST. 04MY514i /I £ S180" .o� lNST. i80Af16920 P/N 64-A-23A ohs p `i / 10 0b' ROBIN CAS£Y KISGW 9 ear N86 4112E NVST. 03D029416 c8p�cys 10.00' s N 02;35'12" W E. /s s o / 85.70'N8636` 2 F © �, / 48.83' A WAVER. -M NUEL INST. 070014170 S 865725' F 182.88' //�� -� S694820'F RN 540-2-A-6 / ✓OHNNY H. ANZRSON <'c zslpq9.,��s / / 116.15' / 90 317 PG 101 Oc6�3' S 115766'M E / / �— .70' FR£DER/Clf WA1FR fASEMENT HEREBY 6R£A7E71 S 85W:W" F / 561.52' 20"PREDERICA' EASE ENT / N074017'W // EAR 137.49' / // PN si A-23 / 18.74' 22.9592 ACRES (REMAINDER) 36.00' OT 35 LOT 78 LOT 34 Nap. hFRiY 19 / RG/N/q /eg h / I LOT 79 LOT 33 0,9?"jNE EASE UEA,T l / LOT BO LOT81 t I LOT 81 GRAPHIC SCALE 200' 0 100' 200' 400" 1 inch = 200 ft. FINAL PLAT OF SUBDIVISION FREEDOM MANOR SEC7701V ONE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, 14RGIN/A DATE NOVEMBER 19, 2018 1 SCALE., 1" = 200' 1 SHEET 10 OF 10 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office@morshondleaae.com TH AQ P. Duane Brown Lie. No. 001285 AI*V. 19, 8o Ia LAND 3 "''�O4 DRAWN BY- HBK A0#V NAME W0174-sub-sect N W W v trcutNIN. M—DERXCK C,'UUNTYS t. Ibis instrument of writing was produced to me on OS-0 7 at -?'- ?— and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 581-8M of $ NA and SM-801 have been paid, if assessable / i� AMENDMENT Action: -) PLANNING COMMISSION: December 2, 2015 - Recommended Approval BOARD OF SUPERVISORS: January 13, 2016 - R APPROVED`; DENIED 4; AN ORDINANCE AMENDING THE, ZONING DISTRICT MAP .REZONING # 11-15 FREEDOM MANOR WHEREAS, Rezoning ##11-15, of Shen -Valley Land Holdings, LLC, submitted by Pennoni Associates to rezone 33.6819 acres from the RP (Residential Performance) District and 13.8596 acres from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers, final revision date January 11, 2016 was considered. The properties are located east and adjacent to Papermill Road (Route 644), approximately 2,300 feet north/west of the existing signalized intersection of Front Royal Pike (Route 522) and Papermill Road (Route 644). The properties are further identified with PIN(s) 64-A-23, 64-A-20 and 64-A-19 in the Shawnee Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on December 2, 2015 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 13.2016; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick. County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 33.6819 acres from the RP (Residential Performance) District and 13.8596 acres from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers, final revision date January 1.1, 2016. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes #01-16 -2- This ordinance shall be in effect on the date of adoption. Passed this 13th day of January, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Aye Robert A. Hess Absent Gene E, Fisher Blaine P. Dunn PDRes #01 -16 BOS Res. #051-16 Aye Gary A. Lofton Aye Robert W. Wells Aye Judith McCann -Slaughter Aye A COPY ATTEST -411-- .. . . ...... 4 4 /brenda G. Garton FreJerick- Comity Administrator VIRWINIA: MMERW X COUNTY.S01. This insnaient ofwriting was produced to me on —at [11 4-3 PAL and with W8S N)DlitlCd 10 I-CCOVITM V11r)OSOd by Sec, %,1-8020f S ano 58.1-801 bave been paid, if assessable 4t)�� /o Clerk PROFFER STATEMENT REZONING: RZ # Residential Performance (RP) and Rural Areas (RA) to Residential --- Performance (RP) PROPERTY: 47.5415 acre +/- total (the "Property") comprised of the following; Tax Map Parcel 64-A-23 (26.8733 Acres — RP to RP) Tax Map Parcel 64-A-19 (2.2021 Acres — RP to RP) Portion of Tax Map Parcel 64-A-20 (4.6065 Acres — RP to RP) Remainder of Tax Map Parcel 64-A-20 (13,8596 Acres — RA to RP) RECORD OWNER: Shen -Valley Land Holdings, LLC APPLICANT: Shen -Valley Land Holdings, LLC PROJECT NAME: Freedom Manor ORIGINAL DATE OF PROFFERS: December 30, 2014 REVISION DATE(S): September 4, 2015; November 4, 2015; November 18, 2015; December 15, 2015; January 11, 2016 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan" or "GDP" shall refer to the plan entitled "Generalized Development Plan, Freedom Manor" dated November 3, 2014 and revised January 11, 2016. 1. Site Development 1 A Development of the Property shall not exceed a total of 300 dwelling units developed in two phases. Phase 1 shall include a maximum of 100 single family detached dwelling units within the area depicted as Phase 1 by the GDP. Phase 2, as depicted by the GDP, shall consist of the remaining 200 dwelling units which may be single family attached units, apartment units, or any combination thereof. Proffer Statement 2, 3. Freedom Manor 1.2 The Property shall be developed in general conformance with the Generalized Development Plan, subject to minor modifications to accommodate final engineering. Transportation 2.1 Prior to issuance of the first certificate of occupancy for any dwelling constructed on the Property, the Applicant shall dedicate right of way across the Papermill Road frontage of the Property in order to provide for a minimum of 58 feet of right of way, as measured from the centerline of Papermill Road, to provide for both future road improvements and a hiker/biker trail within the right of way. In the event that the Applicant chooses to locate the hiker/biker trail as proffered across the Papermill Road frontage within a public access easement, the right of way dedication may be reduced to provide for a minimum of 48 feet of right of way, as measured from the centerline of Papermill Road. 2.2 Prior to issuance of a certificate of occupancy for the initial dwelling unit constructed on the Property, the Applicant shall construct a single lane roundabout to access the Property from Papermill Road in the general location and configuration depicted on the GDP. Design of the roundabout shall be subject to VDOT review and approval. No additional site entrances shall be permitted along Papermill Road. 2.3 The Applicant shall complete the following transportation improvements, subject to VDOT approval, prior to issuance of a building permit for the 1501' dwelling unit constructed on the Property: « The Applicant shall design and construct the north/south connector road as a public roadway from the Property entrance at Papermill Road to the northern Property limits to connect with the planned interparcel connector for the adjoining Madison Village project in the general location depicted on the GDP. • The Applicant shall design and construct a public roadway to provide an interparcel connection to the western Property limits in the general location depicted on the GDP. Said interparcel connection may be constructed within the Phase 1 or Phase 2 area of the Property. Pedestrian/Biker Improvements 3.1 Prior to issuance of a building permit for the 501h dwelling unit constructed on the Property, the Applicant shall construct a 10' asphalt shared use path across the Property frontage on Papermill Road and across the southern Property boundary in the general location depicted on the GDP. Public access easements shall be provided for these trails if not constructed within public right of way. 3.2 As part of the design and construction of the north/south connector road, the Applicant shall construct a 10' asphalt shared use path to extend from the site entrance on Papermill Road to the northern Property limits to link trail facilities planned for the adjoining development as depicted on the GDP. Page 2 of 5 Pr offer Statement 4. 6. Freedom Manor Monetary Contribution to Offset Impact of Development 4.1 For any single family detached dwelling units and for any single family attached or - apartment dwelling units constructed on the Property, the Applicant shall contribute the following amounts to Frederick County for the purposes identified in following Table A. Said contribution shall be made prior to issuance of a certificate of occupancy for each of the subject dwelling units. Table A. Monetary Contributions Single Family Single Family Apartment Purpose Detached Units Attached Units Units Fire and Rescue $438 $406 $412 General Government $1,0981 $1,050 1 $1,050 Library $354 $338 $338 Parks and Recreation $1,455 $1,391 $1,391 School` Construction $12,400 , $10,495 $10,689 TOTAL $16,746I $13,6801 $13.880 4.2 In addition to the monetary contributions provided for by Proffer 4.1, the Applicant shall contribute to Frederick County the sum of $250 per dwelling unit for transportation improvements within the general vicinity of the Property. Said contribution shall be made prior to issuance of a certificate of occupancy for each dwelling unit. Option for use of Transfer of Development Rights Ordinance 5.1 In lieu of the per unit monetary contribution as provided for by Proffer 4.1, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed 300 dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments shall remain applicable to such dwelling units. Creation of and Initial funding for Property Owners Association 6.1 Development of the Property shall include creation of a Property Owners Association (POA) which shall be responsible for ownership and maintenance of any common areas and stormwater management facilities not dedicated to a public entity as well as solid waste collection and disposal. In addition, the POA shall be subject to other responsibilities, duties, and powers as are customary for such associations. 6.2 The Applicant shall establish a start-up fund in the amount of $5,000.00 in order to facilitate the POA operations. The funds shall be transferred to the POA at such time that control of the POA is transferred to the third party property owners. Page 3 of 5 Proffer Statement Freedom Manor 7. Landscape Buffer 7.1 Prior to issuance of a building permit for the 50'" dwelling unit constructed on the Property, the Applicant shall install a single row of evergreens, a minimum of 4 feet tall --J., at time of planting and spaced a maximum of 10 feet on center, along the common ; boundary line with Shenandoah Memorial Park. SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 4 of 5 Proffer Statement Respectfully submitte,0 Shen -Valley Land By: �1j�. `1 1�1_1 A-_, Date: JIJ,,!1�Y 1", ?U}6 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Freedom Manor The foregoing instrument was acknowledged before me this t day of ' ; by My commission expires 4-1 3 1 a Notary Public 4'_;L Page 5 of 5 Y ~ NN.\ Madison. ior, 9croit d f \. i Village t Road and 10' Trail Connection to Ben a Aven � tie ' ' Madison Village . ' .Road and 10' Trail _ ConjaectIon to os` - - * TM 83-A-145 a o, Proposed .. 10' Trail $ Westwood �1 i Ve GIr, � J i North/South 10' Trail Connector Road Proposed '\ . `' Proposed Ville tine Roundabout Proposed 10' Trafl Evergreen -----,� ergre !Y . . Screen I t Proposed ��� O R/W Dedication �0 �N,. Shenandoah o� Memorial Park PROPERTY 00pl\ SUBJECT - 1 i r rr 'l, 1 VE3istingI i Signal ! FREEDOM MANOR PENNONI ASSOCIATES INC. o Generalized Development P/on 117 E. Picadilly St. Winchester, Virginia 22601 O a VOICE: (W) 667-2139 FAX: (540) 665-0493 fREDER/CK COUNTY, WR6lNA February 19, 2018 Mr. Mark Cheran County of Frederick Department of Planning and Development 107 N. Kent Street Winchester, VA 22601 RE: Freedom Manor Phase 1&2 Subdivision Plan #07-17 Dear Mr. Cheran, 117 East Piccadilly Street Winchester, VA 22601 T: 540-667-2139 F: 540-665-0493 www.pennoni.com Please find below our response to your first submission comments dated November 20, 2017 on the above referenced plan. 1. Comment: On sheet 000 need to change approval box. Response: We have revised the approval box. (see sheet CS0001) 2. Comment: On sheet 000 need owner to sign. Response: Understood, no response necessary. Once all agency approvals have been received a final plan will be submitted that is signed by the owner. 3. Comment: On sheets 406, 407, 506 and 507 property setbacks need to reflect townhouse type. Response: We have added the setback labels to the sheets. (see sheets CS406, CS407, CS506 & CS507) 4. Comment: Please note staff will do an evaluation of the existing woodlands for buffers. Response: Existing woodlands are no longer being utilized for buffer yards. (see sheets CS1200- CS1209) We have enclosed one set of revised plans. I trust the above responses and revisions to the plans address all your comments and concerns. We are also attaching approvals from Inspections, Parks & Recreation, FCPS, and Frederick Water. The remaining agency approvals are anticipated soon and will be submitted as received. Should you have any further questions, please do not hesitate to contact me. Sincerely, PENNONI ASSOCIATES INC. David Frank Y ° Fredef ck County Publi.. Schools Qto ensure all students an excellent education IC Wayne Lee, Jr. ALEP, LEED AP . Coordinator of Planning and Development . leew@fcpskl2.net February 10, 2015 Mr. Ron Mislowsky Pennoni Associates 117 E. Piccadilly Street Winchester, VA 22601 Re: Freedom Manor Subdivision Design Plan Dear Patrick: Frederick County Public Schools has reviewed the Freedom Manor subdivision design plans submitted to us on July 27, 2017. We offer the following comment: 1. It is noted that some streets, in particular those accessing the townhouses, will be private lanes. As our buses don't travel down private lanes, students who live on these streets will need to walk to a public street to meet the bus at a location to be designated by our Transportation Department. Please feel free to contact me at leew(a,fcpskl2.net or 540-662-3889 x88249 if you have any questions or comments. Sincerely, o,4�— T— K. Wayne Lee, Jr. ALEP, LEED AP Coordinator of Planning and Development cc: Dr. David Sovine, Superintendent of Schools Dr. Albert Omdorff, Assistant Superintendent for Administration Mr. John Grubbs, Director of Transportation Mrs. Elizabeth Brown, Supervisor of Driver Operations 1415 Amherst Street wwwJmdeddc.k12.va.us 540-662-3889 Ext. 88249 P.O. Box 3508 Winchester, Virginia 22604-2546 LU YIXx vl 11 b I REQUEST FOR SUBDIVISION PLAN COMMENTS Frederick County Inspections Department Comment Mail to: Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Winchester, Virginia 22601 Hand deliver to: Frederick County Inspections Dept. 107 North Kent Street, 2nd Floor Winchester, Virginia 22601 Phone: (540) 665-5650 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Pia a attach one (1) R,L' 4f the Subdivision Design Plan with this sheet. Applicant's Name: Pennoni Associates Inc./David Frank Telephone: 540-667-2139 Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Freedom Manor Subdivision Design Plan Location of Property: The Property is located east and adjacent to Papermill Road (Route 644) and approximately 2,300 feet northwest of the existing signalized intersection of Ftont Royal Pike (Route 522) and Papermill Road (Route 644). InspVctions Department Commen 1 DC7,CIVED iljignt7 -FREDERICK COUNTY INSPECTIONS DEPARTMENT USE ONLY - Date Received 25 17 Review Number@l f' 4 5 (circle one) Date Reviewed S/2 /h i Revision Required Lt,ES w /j Date Approved l2fTz, �-7 �`— , // Signature & Date: Z Dwellings shall comply with The Virginia Uniform Statewide Building Code (USBC) and The International Residential 2012 Codes. Other codes that apply is the Virginia Energy Code and ANSI A117.1-09 for Accessibility. Dwellings (townhouses) shall be separated as required for per Section R 302.2 Engineer Design required on all foundations and/or slabs with greater than 8" fill or 24" clean sand/gravel. Backwater valves shall be installed on all plumbing fixtures, (subject to back sewer), located below the top elevation of the upstream man hole cover. All common areas such as tot lot, picnic shelter, and multi purpose court shall be accessible. Where accessible parking is provided, parking shall be dispersed to closest route to facility. Please provide accessible route/parking details for these accessories. Sewer pumps, if required, shall be designed by Registered Design Professional. Engineering on Storm water retention ponds and drains higher than lowest floor elevations. Grade shall be sloped away from foundations a min 6" in 10'. Hung sewer trench bases shall be undisturbed soil and slope away from foundations. Sewer trench drains with disturbed soil shall be provided with water stops due to high water table. S:\Site Plan comments\2012\Residential, Freedom Manor.doc FREDERICK FREDERICK WATER WATER SITE PLAN REVIEW COMMENTS PO Box 1877, Winchester, VA 22604-8377 540.868.1061 voice 315 Tasker Road, Stephens City, VA 22655 540.868.1429 fax Proj ect 01� 1�-- Applicant lr"�N M REVIEW STATUS attention. g. WV *ONK, review number 0 correct & resubmit approved as no number of items to be corrected 7 approved You may submit just cover sheet and the revised sheets. DRAWINGS send me 1. print of sheets f/ 14- 2. two CDs: each disc shall contain the following plan sheets Z )rill O�ru ! 0 '4b� 6m ��� 0100.,N ON a) One CD (containing all of the above noted sheets) shall be in PDF format. Each sheet shall be in its own file and be in landscape orientation. Each file shall be titled with the project name and appropriate sheet number. b) One CD shall be in DWG format; (1) in Model Space, (2) in state plane coordinate system NAD 83, (3) compatible with AutoCAD 2006. c) Each of the two CDs shall be labeled with its format and project name, and placed in its own paper CD envelope. EASEMENTS 6), N A copy of the recorded onsite FW easement(s) is/arc required. Y & A copy of the recorded offsitc FW easement(s) is/are required. a The casement document shall contain a plat and both shall be signed by the Frederick Water. o The Frederick Water requires specific language in its deed of easement. o Visit our website www.frederickwater.com to obtain a copy of the form. o A copy of the recorded deed(s) of eiisemcnt shall be received before service will be authorized. OTHER Y N This project also requires DEQ - Valley Region Office approval. Y N This project also requires VDII Lexington Field Office approval. ey N This project also requires VD11— Lexington Field Office -- Project Summary Report. BY DATE FOR DRAWINGS ABOVE, see VDH website for form Y This project has a sewer pump station that FW will own. Title to the pump station site shall be granted to the Frederick Water in fee simple absolute, Also, (1) a copy of'DEQ's Certificate to Construct, (2) a copy of DEQ's Certificate to Operate, and (3) two copies of the FW approved O & M manual are required. These documents must be received before service will be authorized. (4) Work cannot commence that would connect to FW facilities or require FW inspections until the contract is returned t( this office. Date: Earl W. Wiley — Engineering Assistant JAN 18 REQUEST FOR SUBDIVISION PLAN COMMENTS Frederick County Parks and Recreation Comment Mail to: Hand deliver to: Frederick County 107 North Kent Street Department of Parks & Recreation Second Floor 107 North Kent Street Winchester, Virginia 22601 Winchester, Virginia 22601 Phone: (540) 665-5678 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the Subdivision Design Plan with this sheet. Applicant's Name: Pennoni Associates Inc./David Frank Telephone: 540-667-2139 Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Freedom Manor Subdivision Design Plan Location of Property: The Property is located east and adjacent to Papermill Road (Route 644) and approximately 2,300 feet northwest of the existing signalized intersection of Front Royal Pike (Route 522) and Papermill Road (Route 644). Parks and Recreation Comments: iYi"Ce-D Wi'Utt+ (14v_ kjj "-Le --�io, Zzs S C(✓ z'44 Tn Vitt _r !y A+n i �i� rV\ 15�j + Le- Ll1n1)ire LS 4 .. ff G-1�In L'.1?n1 LLL4�+iS hlt' �t�'��,;Zyl l N U l t 9 01" Q i v L 1� 16 � i ( .d: �1 3 l�, f .1 U� C ( Y`r'� i� 1ej -FREDERICK COUNTY PARKS AND RECREATION USE ONLY - Date Received Date Reviewed Revision Required Signature & Date: Review Number 1 2 3 4 5 (circle one) Date Approved ** Please Return Form to Applicant** 22 • „; 117 East Piccadilly Street Winchester, VA 22601 Tel: 540 — 667 - 2139 Fax: 540 — 665 - 0493 77 LETTER OF TRANSMITTAL TO: Frederick County Planning 107 N. Kent Street Winchester, VA 22601 DATE I March 30, 2018 JOB NO. DHOL1603 ATTENTION I Mark Cheran RE: I Freedom Manor Subdivision Design Plan WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Copy of Letter ❑ Change Order ❑ ❑ Samples the following items: ❑ Specifications LIST OF ITEMS TRANSMITTED COPIES DATE NO: DESCRIPTION 1 Approval: Frederick County Public Works 5 Site Plan for Signature THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: David Frank If enclosures are not as noted, kindly notify us at once. TR8100 01/2016 COUNTY of FREDERICK Department of Public Works 5401665-5643 FAX:540/678-0682 March 26, 2018 Mr. David Frank Pennoni Associates, Inc. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Revised Subdivision Comments — Freedom Manor Phase 1 and 2 Dear Mr. Frank: Upon review of the revised site plan dated February 19, 2018, we recommend approval of the subject plan. Joseph W. Johnson, P.E. Civil Engineer JCW/kco cc: Planning and Development file Sincerely, Joe C. Wilder Director of Public Works 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 November 10, 2017 Mr. Mark Cheran County of Frederick Department of Planning and Development 107 N. Kent Street Winchester, VA 22601 RE: Freedom Manor Phase 1&2 Subdivision Plan #07-17 Dear Mr. Cheran, 117 East Piccadilly Street Winchester, VA 22601 ------ .�:- =---T-540-667-2139 »`F��40-665-0493 U) .��www.pennoni.com NOV1 LU"1:U �PFREDEF CK COUNTY Rrr,•r PI-AN"I'i �F�,;. Please find below our response to your first submission comments dated October 2, 2017 on the above referenced plan. 1. Comment: On sheet 000 need to add Magisterial District. Response: Shawnee Magisterial District has been added to sheet CS000. 2. Comment: On sheet 000 need to change approval box. Response: The approval box has been changed on sheet CS000. 3. Comment: On sheet 000 need to add plan number Response: The plan number has been added to sheet CS000. 4. Comment: On sheet 000 need to add Property Identification Number(s) (PIN). Response: PIN numbers have been added to sheet CS000. 5. Comment: On sheet 003 need Rezoning number with proffers. Response: The Rezoning number has been provided on sheet CS003 6. Comment: On sheet 004 need to change housing type to single-family cluster. Response: The housing type has been changed to single-family cluster on sheet CS004. 7. Comment: On sheet 004 need MDP number. Response: The MDP number has been provided on sheet CS004. 8. Comment: On sheet 004 need to change parking from 4 to 2 spaces per housing type. Response: Number of parking spaces has been changed from 4 to 2 per housing type on sheet 004. 9. Comment: On all sheets need land use and zoning of all adjoining properties. Response: Land use and zoning of all adjacent properties is provided on all sheets. 10. Comment: On sheet 401 need to add a crosswalk. Response: Crosswalk on sheet 401 at the roundabout has been shown. Mr. Mark Cheran Frederick County Planning November 10, 2017 Page 2 Jom Manor Subdivision Design Plan 11. Comment: On all sheets property setbacks need reflect single-family cluster housing type and townhouse type. Response: The property setbacks provided on all sheets reflect the single-family cluster housing type and townhouse type setbacks that are identified on sheet CS004. 12. Comment: On all sheets streetlights needed at all intersections. Response: Streetlights are provided at all intersections. 13. Comment: A photometric plan and light detail is required with this submission. Response: A photometric plan and lighting detail is provided on sheets CS1301-CS1303. 14. Comment: On sheet 005 need to see plans of recreational units. Response: Sheet CS006 showing plans of the recreational units has been added to the plan set. 15. Comment: Need to connect the trail with both phases of the development. Response: The trail has been shown per the trail from the Master Development Plan. 16. Comment: Address the following on the landscaping plan: a. All buffer tree plantings need to be 2 % inch caliper. Response: Per Section 165-203.02 of the Frederick County Zoning Ordinance states "Deciduous trees shall be planted at a minimum of 2" caliper." Therefore, all the deciduous trees proposed and located in the buffer plantings will be specified at 2" caliper. All street trees will be 2.5" caliper. b. Full screen buffer needs 138 v 137 trees. Response: We have changed the number of trees from 137 to 138. c. The existing mature woodlands appear not to meet buffer requirements. Notes (1) all planting shall conform with §165-203.01B of the Frederick County Zoning Ordinance (Plant selection, planting procedure, and maintenance), and (2) any plant substitutions must be approved in writing by the Frederick County Planning Department. Response: We have provided a western and eastern buffer screen as shown in the updated landscape set. All plant schedule information and notes are located on sheet CS1200 and CS1209. We have enclosed one set of revised plans. I trust the above responses and revisions to the plans address all your comments and concerns. Should you have any further questions, please do not hesitate to contact me. Sincerely, PENNONI ASSOCIATES INC. David Frank REQUEST FOR SUBDIVISION PLAN COMMENTS Frederick County Fire Marshal Comment Mail to: Frederick County Fire Marshal Attn: Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 Hand deliver to: Public Safety Building 1800 Coverstone Drive Winchester, Virginia 22602 Phone: (540) 665-6350 Applicant: It is your responsibility to complete this fonn as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the Subdivision Design Plan with this sheet. Applicant's Name: Pennoni Associates Inc./David Frank Telephone: 540-667-2139 Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester VA 22601 Name of development and/or description of the request: Freedom Manor Subdivision Design Plan Location of Property: The Property is located east and adjacent to Papermill Road (Route 644) and approximately 2,300 feet northwest of the existing signalized intersection of Front Royal Pike (Route 522) and Papermill Road (Route 644). Fire Marshal Comments: FREDERIC:K COUNTY FIRE MARSHAL, USE ONLY - Date Received 2 3 Review Number I jC> 3 4 5 (circle one) Date Reviewed t Revision Required h)a Date Approved a a -7 Signature & Date: a7 t� ** Please Return Form to Applicant** 21 RECEIVED FEB 2 31018 Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax. (540) 678-4739 Email. fmoC?fcva. us Plan Review & Comments Date Received 2/23/2018 Plan/Permit Type Subdivision Design Plan Rev #2 02-23-18 Name Freedom Manor Address Front Royal Pk & Papermill Rd Winchester Project Name New Subdivision Applicant Name & Number RE# Permit Number Emergency Vehicle Access: Hydrant Location: Siamese Location: Fire Lanes Required: Plan Approval Status Comments Pennoni Associates 540-667-2139 Adequate Inadequate N/A Ad,Wfuate Inadequate N/A Adequate Inadequate NA Yes No AK Approve Signature: Reviewed By: Kenneth Scott, Jr. � / Title: 44 / d� orl Date Reviewed 2/27/2018 VA 22602 David Frank From: Rhodes, Timothy (VDOT) <Timothy.Rhodes@vdot.virginia.gov> Sent: Monday, March 12, 2018 9:57 AM To: Ronald A. Mislowsky Cc: Funkhouser, Rhonda (VDOT); Smith, Matthew, P.E. (VDOT); 'John Bishop 0bishop@co.frederick.va.us)'; Balderson, Clifton M. (VDOT); 'Tyler Klein'; David Frank; Siver, Sara M. (VDOT); 'Joseph Johnson'; jwilder@fcva.us Subject: Freedom Manor Phase I & II Subdivision Plan Approval DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Ron, We have finalized the review for the Freedom Manor Phase I & II Subdivision Plan with a signature date of March 7, 2018. Based off of the review of the Drawings, all of the previous VDOT comments have been addressed and the Site Plan is approved by this office. Please ensure that all applicable agencies have the most recent set of accepted drawings. We offer the following general comments: • Our review and comments are general in nature. Should details be overlooked during plan review or conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the department. Materials used and methods of construction shall adhere to the current observed VDOT Road and Bridge Specifications, Road and Bridge Standards, Manual on Uniform Traffic Control Devices, and Land Use Permit Special Provisions. • A preconstruction conference shall be held by the engineer and/or the developer with the attendance of the contractor, various County agencies, utility companies, and VDOT prior to initiation of work. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • Any construction related changes to the approved plan must come through the design engineer to VDOT for approval. Please allow a minimum of 5 business days for VDOT review. A Land Use Permit shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and may require application fees, the salary & expenses of a State assigned inspector, and surety bond coverage. If you have any questions or need further information, please do not hesitate to contact me. Sincerely, Timothy Rhodes VDOT—Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-984-5630 David Frank From: Rhodes, Timothy (VDOT) <Timothy.Rhodes@vdot.virginia.gov> Sent: Wednesday, February 07, 2018 7:43 PM To: Ronald A. Mislowsky Cc: Funkhouser, Rhonda (VDOT); Smith, Matthew, P.E. (VDOT); 'John Bishop Obishop@co.frederick.va.us)'; Balderson, Clifton M. (VDOT); 'Tyler Klein'; David Frank; Siver, Sara M. (VDOT) Subject: Freedom Manor Roundabout Plan Approval DEPARTMENT OF TRANSPORTATION Staunton/Edinburg land Development 14031 Old Valley Pike Edinburg, VA 22824 Ron, Our District Location and Design Section has finalized the review for the Freedom Manor Roundabout Plan with a signature date of January 11, 2018. Based off of the review of the Drawings, all of the previous VDOT comments have been addressed and the Site Plan is acceptable by our L&D section. Please ensure that all applicable agencies have the most recent set of accepted drawings. I would like to note the Freedom Manor Subdivision Phase I and II Plan is still under review. This letter only addresses the roundabout design. We offer the following general comments: • Our review and comments are general in nature. Should details be overlooked during plan review or conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the department. • Materials used and methods of construction shall adhere to the current observed VDOT Road and Bridge Specifications, Road and Bridge Standards, Manual on Uniform Traffic Control Devices, and Land Use Permit Special Provisions. • A preconstruction conference shall be held by the engineer and/or the developer with the attendance of the contractor, various County agencies, utility companies, and VDOT prior to initiation of work. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • Any construction related changes to the approved plan must come through the design engineer to VDOT for approval. Please allow a minimum of 5 business days for VDOT review. A Land Use Permit shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and may require application fees, the salary & expenses of a State assigned inspector, and surety bond coverage. If you have any questions or need further information, please do not hesitate to contact me. Sincerely, Timothy Rhodes VDOT—Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-984-5630 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 October 2, 2017 Pennoni Associates Inc. c/o Dave Frank, P.E. 117 E. Piccadilly Street Winchester, VA 22601 RE: Review of Subdivision Freedom Manor Phases 1&2 #07-17 Property Identification Number (PIN):64-A-19, 20, and 23 Dear Mr. Frank: Planning Staff has reviewed the above -referenced subdivision design plan to determine if administrative approval can be granted. At this time, administrative approval cannot be granted. This plan is denied until the issues in this letter, as well as all issues of the other review agencies, have been adequately addressed. Please review Staff s comments listed below and then prepare a revised plan which adequately addresses each concern. Review Comments 1. On sheet 000 need to add Magisterial District. 2. On sheet 000 need to change approval box. 3. On sheet 000 need to add plan number. 4. On sheet 000 need to add Property Identification Number (s) (PIN). 5. On sheet 003 need Rezoning number with proffers. 6. On sheet 004 need to change housing type to single-family cluster. 7. On sheet 004 need MDP number. 8. On sheet 004 need to change parking from 4 to 2 spaces per housing type. 9. On all sheets need land use and zoning of all adjoining properties. 10. On sheet 401 need to add a crosswalk. 11. On all sheets property setbacks need reflect single-family cluster housing type and townhouse type. 12. On all sheets streetlights needed at all intersections. 13. A photometric plan and light detail is required with this submission. 14. On sheet 005 need to see plans of recreational units. 15. Need to connect the trail with both phases of the development. 16. Address the following on the landscaping plan: a. All buffer tree plantings need to be 2 '/2 inch caliper. b. Full screen buffer needs 138 v 137 trees. c. The existing mature woodlands appear not to meet buffer requirements. Notes (1) all planting shall conform with § 165-203.01 B of the Frederick County 107 North Kent Street • Winchester, Virginia 22601-5000 Zoning Ordinance (Plant selection, planting procedure, and maintenance), and (2) any plant substitutions must be approved in writing by the Frederick County Planning Department. Should you have any questions, to call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd Attachment SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at.a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: .- title "Subdivision Design Plan for " • with a notation of all previous names of the subdivision. original property identification number. page number and total pages on each `page. name of the owner and/or subdivider vicinity map [scale of one to two thousand (1:2000)] showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. written and graphic scale. ✓ day, month and year plan prepared and revised. --""--North arrow. name of the Magisterial District where located. zoning of all land to be subdivided. boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to the nearest one-hundreth (1/100) of a foot. topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. names of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. proposed use of each lot, with the number of lots in each use category. area of each lot and parcel, the total area of the subdivision and the total area in lots. 10 location and area of each parcel of common open space and the total area of common open space. location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. �T existing or proposed utilities, sewer and water lines, manholes, fire hydrants and easements. existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details. stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed facilities. -" proposed grading plan including spot elevations and flow arrows. cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. locations, dimensions and cross sections of existing and proposed sidewalks and walkways. location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. names of all streams and bodies of water, including all one -hundred -year flood limits'as mapped by FEMA. ►�_` location of all land to be dedicated or reserved for public use. location of required setback lines on each lot. location of proposed recreational areas and facilities. location of proposed buffers and screening with design details, locations and types of plants and screening. proposed landscaping with location and types of plants. certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. a 11 signature of the owner or principals certifying ownership of the property. statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. signature line for the Subdivision Administrator. I 12 REQUEST FOR SUBDIVISION PLAN COMMENTS Frederick County Department of Planning & Development Mail to: Frederick County Department of Planning & Development 107 North Kent Street, Winchester, Virginia 22601 Phone: (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development 107 North Kent Street, 2" d Floor Winchester, Virginia 22601 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the Subdivision Design Plan with this sheet. Applicant's Name: Pennoni Associates Inc./David Frank Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Freedom Manor Subdivision Design Plan Telephone: 540-667-2139 Location of Property: The Property is located east and adjacent to Papermill Road (Route 644) and approximately 2,300 feet northwest of the existing signalized intersection of Front Royal Pike (Route 522) and Papermill Road (Route 644). Department of Planning & Development Comments: Date Received Date Reviewed -PLANNING DEPARTMENT USE ONLY - Review Number 1 2 3 4 5 (circle one) Revision Required Date Approved Signature & Date: ** Please Return Form to Applicant** L! 7ER OF TRANSMITTAL (N,nnoni PENNONI ASSOCIATES INC. CONSULTING ENGINEERS 117 East Piccadilly Street Winchester, VA 22601 Tel: 540 — 667 - 2139 Fax: 540 — 665 - 0493 TO: Frederick County Planning 107 N. Kent Street Winchester, VA 22601 DATE I July 25, 2017 JOB NO. ATTENTION Tyler Klein RE: I Freedom Manor WE ARE SENDING YOU ❑ Attached ❑ Under separate cover ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Copy of Letter ❑ Change Order ❑ via the following items: ❑ Samples ❑ Specifications LIST OF ITEMS TRANSMITTED COPIES DATE NO: DESCRIPTION 1 Subdivision Application 1 Request for Subdivision Plan Comments 2 Subdivision Design Plan THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ® For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: David Frank If enclosures are not as noted, kindly notify us at once. ;I FL� JUL 2 6 2017 R L FREDERICK COUNTY �aPLANNINr" AND DFVFInPM=Nr TR8100 1/2013 op, SUBDIVISION APPLICATION FREDERICK COUNTY, VIRGINIA - Office Use Only - Date: ( Application #: O1- 1 -1 MDP: dyes no If no, has the MDP requirement been waived by the Planning Director?: yes no If the MDP has been waived, fill in the following public meeting dates for the final plats: PC Meeting Date BOS Meeting Date 1. Applicant: Name: Freedom Manor, LLC Telephone: 540-667-2120 Address: 420 W. Jubal Early Drive, Suite 103 Winchester, VA 22601 2. Property Owner (if different than above) Name: Telephone: Address: 3. Please list names of all owners, principals, and/or majority stockholders: 4. Contact person if other than above Name: Pennoni Associates Inc./David Frank 5. Name of Proposed Subdivision: 6. Number of Lots: i9Q 1 {c 7. Total Acreage: 47.5416 Freedom Manor Telephone: 540-667-2139 The Property is located east and adjacent to Papermill Road (Route 644) and approximately 2,300 8. Property Location: feet northwest of the existing signalized intersection of Front Royal Pike (Route 522) and Papermill Road (Route 644). (Give State Route # and name, distance and direction from intersection) X 9. Magisterial District: Shawnee 10. Property Identification Number (P.I.N.): 64-A-19, 64-A-20, 64-A-23 (Parent Tract) 11. Property zoning and present use: RP, Vacant 12. Adjoining property zoning and use: USE ZONING North Future Residential RP/RA East SF Residential RP/RA South Cemetery RA West Agriculture RA 13. Has a Master Development Plan been submitted for this project? 2 Yes nNo 14. If yes, has the final MDP been approved by the Board of Supervisors? II✓ Yes _DNo 15. What was the Master Development Plan title? Freedom Manor Master Development Plan 16. Does the plat contain any changes from the approved MDP? Yes 4No 17. If yes, specify what changes: 18. Minimum Lot Size (smallest lot): SFD - Cluster: 8,000 SF; SFA - Townhouse: 1,500 SF 19. Number and types of housing units in this development: 81 Single Family Detached, 87, Single Family Attached I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature: j �=— Date: -717 12Z 10 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: ww.coxfrederick,va.0 Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That 1(We) (Name) Freedom Manor, LLC (Phone) 540-667-2120 (Address) 420 W. Jubal Early Drive, Suite 103, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Cl-rWs Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page , and is described as Tax Map Parcel;Ws: 64-A-19, 64-A-20, 64-A-23 do hereby make, constitute and appoint: (Name),Pennoni Associates Inc. (Phone) 540-667-2139 (Address) _117 E. Piccadilly Street, Suite_200, Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with frill power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: =Rezoning (including proffers) 1 _ _ Conditional Use Permit Development Plan (Preliminary and Final) Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto yset my (our) hand and seal this ___ day of , 20 Signature(s) ��.........r_._. -_. State of Virgi , City/County of __ To -wit: I, 40UAA1 10 & a Notary Public in and for the jurisdictior. afor .said; certify that thopersons) who signed to the foregoing instrument rsvnally ppeared before tue and has acknowledged the same before me in the jurisdiction aforeWd this day of My Commission Expires: Notary Pis 21 g 3 Pam Deeter From: Karen Flynn <KFlynn@Pennoni.com> Sent: Wednesday, July 26, 2017 1:49 PM To: Pam Deeter Subject: Freedom Manor Attachments: Signed POA.pdf I let Patrick know that he needs check before review process. Thanks Karen Flynn Pennoni 117 East Piccadilly Street I Winchester, VA 22601 Direct: 540-771-2082 www.pennoni.com I KFlynn@Pennoni.com PARTNERS FOR WHAT'S POSSIBLE Document Approval Form D) @[Edda B AUG 2 8 2017 w FREDERICK COUNTY ' PLANNING .AND DFVEL nPMF:NT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT ]MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE BATE AND TIME OF YOUR APPROVAL. IFTf lSDOCUAfENTDOESNorMEET YO UR APPR 0 VAL, PLE,4SEP1zOVIDE COMIdENTSAS TO 91IL4T YOU WOULD LIFE TO HAVE COMPLETED: Initials Date & Time Candice Mark f Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & (S:Oliice on BlackboxWormADocument Approval Form-b/7/2m ) 100• _ 16,8C0.00 *+ 169800.00 + 2,500.00 + 19,300.00 Vic+ Subdivision#07-17 Freedom Manor Shaw -nee PIN 64-A-19, 20, 23 APP"w 81 SFD & 87 SFA Please note: The Subdivision/MDP plans associated with this file are located in the file room.